Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 155-174 of 1354
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(2021)This Essay proposes the creation of a federally run class action website and supporting administration (collectively, Classaction.gov) that would both operate a comprehensive research database on class actions and assume ...
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(New York University Journal of law & Liberty, 2014)As part of symposium on Richard Epstein’s new book, The Classical Liberal Constitution, this article points out that his purportedly historical approach is actually present-oriented, which undermines two particular parts ...
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(San Diego Journal of Climate & Energy Law, 2012)Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices determined under federal standards. Recent decisions treat prices that meet the ...
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(The Public Interest, 1996)The cleanup of hazardous wastes is the number one environmental concern of the American people. The government's response: the Environmental Protection Agency (EPA) launched its Superfund program, which was established by ...
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(Virginia Environmental Law Journal, 2008)A substantial proportion of the United States population is at or below the poverty level, yet many of the greenhouse gas emissions reduction measures proposed or adopted to date will increase the costs of energy, motor ...
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(Environmental Law, 2010)The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation ...
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(Boston University Law Review, 2008)This Article examines the challenges global climate change presents for the Endangered Species Act (ESA) and its primary administrative agency, the U.S. Fish and Wildlife Service (FWS). Climate change will reshuffle ...
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(New York University Environmental Law Journal, 2010)This article provides a critical missing piece to the global climate change governance puzzle: how to create incentives for the major developing countries to reduce carbon emissions. The major developing countries are ...
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(Duke Law Journal, 2013)The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal ...
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(California Law Review, 2010)Mandates that agencies solve massive problems such as sprawl and climate change roll easily out of the halls of legislatures, but as a practical matter what can any one agency do about them? Serious policy challenges such ...
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(Southern California Law Review, 2008)The central problem confronting climate change scholars and policymakers is how to create incentives for China and the United States to make prompt, large emissions reductions. China recently surpassed the United States ...
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(Journal of Energy, Climate, and the Environment, 2010)This Article has been in press for several months without opportunity for updating, and thus does not reflect EPA’s Clean Air Act rule promulgations and several other relevant events. Nevertheless, the basic thrust of the ...
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(Clinical Law Review, 2021)This Essay explores clinical hiring practices as an expression of community values. In particular, it discusses how lawyers become clinical faculty to reflect on whether and how prior clinical teaching experience should ...
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(Clinical Law Review, 2010)Clinical legal education is at a crossroads. With studies like the Macrate Report, Carnegie Foundation Report “Educating Lawyers,” and Best Practices for Legal Education there is greater focus on experiential learning. ...
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(Duke Environmental Law & Policy Forum, 1999)This article explores sustainable development and environmental justice as potentially conflicting policy goals. Sustainable development includes equity as one of its five dimensions (in addition to environment, economy, ...
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(University of Pennsylvania Law Review, 2012)Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported ...
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(Washington University Law Review, 2006)Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be ...
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(SMU Law Review, 2015)Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female ...
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(SMU Law Review, 2015)Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female ...
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Collective Management of Copyright and Neighbouring Rights in Canada: An International Perspective (Canadian Journal of Law & Technology, 2002)In this paper, we will compare the current Canadian framework and activities of Collective Management Organizations with the situation in a number of other major countries and suggest possible improvements to the current ...