Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 856-875 of 1354
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(Michigan Law & Policy Review, 1996)Compensation for non-pecuniary losses is one of the most controversial components of tort liability. Newspaper headlines routinely feature occasionally extreme awards, such as the $2.9 million award to the women who spilled ...
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(Iowa Law Review, 2003)The prescriptive literature on negotiation advises negotiators to generate, evaluate, and select from multiple options at the bargaining table. At first glance, this "option-generation prescription" seems unassailable. ...
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(Ecology and Society, 2012)Panarchy theory focuses on improving theories of change in natural and social systems to improve the design of policy responses. Its central thesis is that successfully working with the dynamic forces of complex adaptive ...
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(The Journal of Philosophy, 2001)Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet ...
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(Pace Environmental Law Review, 2007)This article, fourth in a five-part dialogue appearing in the Pace ELR, further responds to Professor Bruce Pardy's critique of ecosystem management. I defend ecosystem management, arguing it does not involve the standardless, ...
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(Constitutional Commentary, 1996)The Supreme Court's recent decision in Romer v. Evans' has caused both joy and consternation. Among legal scholars, however, it has mostly engendered puzzlement. The Court explicitly avoided the most doctrinally plausible ...
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(Georgetown Law Journal, 1989)The purpose of parole is to integrate prisoners into society by allowing them to serve a portion of their sentences outside prison. While on parole, the parolee is subject to the continuing supervision of a parole or ...
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(The Journal of Neuroscience, 2016)The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. ...
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(Northwestern University Law Review, 1997)This Article addresses the implications of broad-based participatory reforms for administrative process, with a particular focus on how participation reveals itself in different political-theoretic models of agency governance. ...
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(Ohio State Journal on Dispute Resolution, 1998)During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation ...
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(Michigan Law Review, 2014)As conventionally understood, regulatory takings doctrine protects property owners from the most significant costs of legal transitions. Legal change has therefore always been central to regulatory takings claims. This ...
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(Public Land and Resources Law Review, 2004)this article is designed to convince readers that the past, present, and future trends of the ESA are all the same. To provide context, Part I presents a brief overview of the structure of the statute and the kinds of ...
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(North Carolina Journal of Law & Technology, 2019)This Article delineates the proper scope of patentable subject matter and the two key exclusions namely scientific discoveries/laws of nature on the one hand, and mental steps/abstract ideas, on the other hand. The Article ...
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(North Carolina Journal of Law & Technology, 2019)There is a shift in the shape of intellectual property tools used to strengthen and lengthen the right of pharmaceutical companies to exclude others from making and marketing their products. Patents have traditionally been ...
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(University of Pennsylvania Law Review, 2018)Many patents cover inventions that do not work as described. Fingers often point to the U.S. Patent and Trademark Office (Patent Office), which is criticized for doing a poor job of examining patents. But the story is more ...
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(Vanderbilt Law Review, 2020)A bedrock principle of patent law is that old inventions cannot be patented. And a new use for an old invention does not render the old invention patentable. This is because patent law requires novelty-an invention must ...
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(Washington University Law Review, 2019)It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how ...
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(Washington University Law Review, 2019)It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how ...
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(Vanderbilt Law Review, 2011)The quest to achieve the impossible fuels creativity, spawns new fields of inquiry, illuminates old ones, and extends the frontiers of knowledge. It is difficult, however, to obtain a patent for an invention which seems ...
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(Personalized Medicine, 2013)Aim: In this study, we sought to assess patient awareness and perceptions of an opt-out biorepository. Materials & methods: We conducted exit interviews with adult patients and parents of pediatric patients having their ...