Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 601-620 of 1354
-
(Michigan Journal of International Law, 2019)Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a ...
-
(Mercer Law Review, 1997)Interest analysis does not stand up well under economic analysis. Richard Posner has noted that the territorial approach to choice-of-law rules reflected in the First Restatement enabled states at least roughly to exercise ...
-
(2003)The debates about forums and processes for prosecuting those accused of terrorist acts have resonated across the globe since September 11, 2001. Discussion is likely to intensify in this regard in preparation for the ...
-
(Marquette Law Review, 2018)It is a great honor to deliver this lecture in honor of the late Dean Robert F. Boden. I am grateful to all of you for attending. My topic tonight is international law and peace among nations. It may seem a poor fit for a ...
-
(Michigan Law Review, 2007)The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of ...
-
(Melbourne Journal of International Law, 2012)National court litigation in Greece and Italy prompted Germany to bring suit before the international Court of Justice (‘ICJ’), resulting in the Jurisdictional Immunities of the State judgment. The history of that litigation, ...
-
(Texas Law Review, 2017)International law is in a period of transition. After World War II, but especially since the 1980s, human rights expanded to almost every corner of international law. In doing so, they changed core features of international ...
-
The Internationalization of Intellectual Property: New Challenges from the Very Old and the Very New (Fordham Intellectual Property, Media & Entertainment Journal, 2002)Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth century. Many fundamental concepts (originality in copyright law; confusion in trademark law; novelty or ...
-
(Michigan Law Review, 2012)The age of statutes has given way to an era of regulations, but our jurisprudence has fallen behind. Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation. The ...
-
(George Mason Law Review, 2015)A lively debate has emerged over the deferential standard of review courts apply when reviewing an agency’s interpretation of its own regulations. That standard, traditionally associated with Bowles v. Seminole Rock & Sand ...
-
(Marquette Benefits & Social Welfare Review, 2017)For Americans in the labor market with health conditions that fall outside the scope of the ADA, the rehabilitation Act, and GINA, antihealthism legislation, like the kind proposed by Roberts and Leonard, 9would unquestionably ...
-
(Boston University Law Review, 2021)A growing number of states have authorized firms to produce and sell cannabis within their borders, but not across state lines. Moreover, many of these legalization states have barred nonresidents from owning local cannabis ...
-
(Natural Resources Journal, 1988)Arbitrary political boundaries are no barrier at all to the physical effects of pollution and resource development. Yet, despite the optimism that ushered in the heightened environmental consciousness of the past several ...
-
(Northwestern University Law Review, 2011)The modern trend is for investors to diversify. Shareholders who own one S&P 500 firm tend to own many of the others as well. This trend casts doubt on the traditional compensation and deterrence rationales for legal rules ...
-
(Onati Socio-Legal Series, 2019)This special issue of Oñati Socio-Legal Series, titled Judging, Emotion and Emotion Work, is the result of presentations and discussions during an interdisciplinary workshop at the International Institute for the Sociology ...
-
(Journal of Law, 2014)Students rarely have the time to repackage last semester's research for submission to law reviews. Even if they do, law reviews are loathe to publish work submitted by students. Publication in a peer-reviewed journal is ...
-
(Florida Law Review, 2009)Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (AL) "restatement" of the law project because it was an explicit attempt to provide a model statute that ...
-
(Vanderbilt Law Review, 2020)"Wicked problems." It just says it all. Persistent social problems--poverty, food insecurity, climate change, drug addiction, pollution, and the list goes on--seem aptly condemned as wicked. But what makes them wicked, and ...
-
(Vanderbilt Law Review, 2016)It is a pleasure and a privilege to write an introduction to this Symposium celebrating Dean Erwin Chemerinsky's important new book, The Case Against the Supreme Court. Chemerinsky is one of the leading constitutional ...
-
(University of Chicago Law Review, 2010)Recent work reveals, contrary to wide-spread assumptions, remarkably high levels of agreement about how to rank order, by blameworthiness, wrongs that involve physical harms, takings of property, or deception in exchanges. ...