Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 16-35 of 1354

    • Against Diversity 
      Sherry, Suzanna (Constitutional Commentary, 2000)
      Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
    • Against Immutability 
      Clarke, Jessica A. (Yale Law Journal, 2015)
      Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include ...
    • Age Variations in Risk Perceptions and Smoking Decisions 
      Viscusi, W. Kip (The Review of Economics and Statistics, 1991)
      Abstract-The results of a national survey of smoking risks and smoking behavior are analyzed. Smoking risk perceptions follow the expected patterns given age differences in risk information acquired and differences in ...
    • Agencies Running from Agency Discretion 
      Ruhl, J.B.; Robisch, Kyle (William & Mary Law Review, 2016)
      Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming pre-decision assessment programs, such as under the Endangered ...
    • Agency Coordination in Shared Regulatory Space 
      Rossi, Jim, 1965-; Freeman, Jody (Harvard Law Review, 2012)
      This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share ...
    • Agency Independence After PCAOB 
      Stack, Kevin M. (Cardozo Law Review, 2011)
      Separation of powers has a new endeavor. The PCAOB decision makes the validity of good-cause removal protections depend on the separation of adjudicative from policymaking and enforcement functions within the agency. At a ...
    • Agency Statutory Interpretation and Policymaking Form 
      Stack, Kevin M. (Michigan State Law Review, 2009)
      In this short symposium contribution, I take up this invitation to examine the relevance of the agency's policymaking form to its approach to statutory interpretation. The core point I wish to advance is a relatively basic ...
    • Agriculture and Ecosystem Services: Strategies for State and Local Governments 
      Ruhl, J. B. (N.Y.U. Environmental Law Journal, 2008)
      Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at ...
    • Agriculture and the Environment: Three Myths, Three Themes, Three Directions 
      Ruhl, J. B. (Environs Environmental Law & Policy Journal, 2002)
      Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on ...
    • The Alien Tort Statute and Federal Common Law: A New Approach 
      Wuerth, Ingrid Brunk (Notre Dame Law Review, 2010)
      Federal courts faced with Alien Tort Statute cases have applied customary international law to some issues and federal common law to others. This binary approach is analogous in certain respects to a Bivens action, with ...
    • ALJ Final Orders on Appeal: Balancing Independence With Accountability 
      Rossi, Jim (Journal of the National Association of Administrative Law Judges, 1999)
      This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. ...
    • All or Nothing: Explaining the Size of Supreme Court Majorities 
      Edelman, Paul H.; Sherry, Suzanna (North Carolina Law Review, 2000)
      In this Article, Professors Edelman and Sherry use a probabilistic model to explore the process of coalition formation on the United States Supreme Court. They identify coalition formation as a Markov process with absorbing ...
    • All the Supreme Court Really Needs to Know It Learned from the Warren Court 
      Sherry, Suzanna (Vanderbilt Law Review, 1997)
      It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the ...
    • Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release 
      King, Nancy J., 1958-; Applebaum, Brynne (Federal Sentencing Reporter, 2014)
      This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the ...
    • Allocating Responsibility for the Failure of Global Warming Policies 
      Viscusi, W. Kip; Hersch, Joni, 1956- (University of Pennsylvania Law Review, 2007)
      A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases ...
    • Allocation of Time and Human Energy and Its Effects on Productivity 
      Hersch, Joni, 1956- (Applied Economics, 1985)
      The supply of effort on the job has been virtually ignored as a component of the effective supply of labour. Typically, labour supply models assume the worker chooses the utility-maximizing number of hours to supply on the ...
    • The Allocation Problem in Multiple-Claimant Representatives 
      Edelman, Paul H.; Nagareda, Richard A.; Silver, Charles, 1957- (Supreme Court Economic Review, 2006)
      Multiple-claimant representations--class actions and other group lawsuits-pose two principal-agent problems: Shirking (failure to maximize the aggregate recovery) and misallocation (distribution of the aggregate recovery ...
    • Altering Attention in Adjudication 
      Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (UCLA Law Review, 2013)
      Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of ...
    • Alternative Approaches to Valuing the Health Impacts of Accidents: Liability Law and Prospective Evaluations 
      Viscusi, W. Kip (Law & Contemporary Problems, 1983)
      The task of valuing accidental injuries and deaths is intrinsically difficult for two reasons. First, unlike standard consumer commodities, individual health is not traded explicitly on the market. It may be traded implicitly ...
    • An Alternative to Ready, Fire, Aim 
      Vandenbergh, Michael P. (Kentucky Law Journal, 1996)
      The turbulence of the environmental debate over the last decade suggests that the command and control system may not provide viable solutions to the remaining environmental problems. The incrementalism that has characterized ...