Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 191-210 of 1354
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(Green Bag 3d, 2017)Confidentiality in the tenure review process.
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(Washington University Law Review, 2011)Judges in Japan share the prevailing communitarian orientation of their society, an orientation that rejects Manichean choices and moral or "scientific" absolutes, but instead relies on their collective and individual ...
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(The Yale Law Journal, 2007)The Supreme Court regularly upholds federal legislation on grounds other than those stated by Congress. Likewise, an appellate court may affirm a lower court judgment even if the lower court's opinion expressed the wrong ...
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(Marquette Law Review, 2007)In this Essay, I address the question of which branch of state government ought to have the authority to negotiate interstate compacts - a question of state separation of powers. Recent case law interpreting state constitutions ...
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(Cornell Law Review, 2017)Christopher Serkin and Nelson Tebbe take an inductive and empirical approach to constitutional interpretation and elaboration. They ask whether attributes of the Constitution justify interpretive exceptionalism--that is, ...
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(Harvard Law Review, 2001)This Note has examined the consequences of a shift in the equal protection context - a move from a traditional particularized harm perspective to a constitutional risk perspective focused on systemic harms. It has also ...
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(Virginia Law Review, 2012)Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal ...
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(University of Arkansas at Little Rock Law Review, 2009)Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal ...
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(Duke Law Journal, 2018)In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
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(Northern Illinois University Law Review, 2005)"Dred Scott v. Sanford", "Plessy v. Ferguson", "Brown v. Board of Education" and "Grutter v. Bollinger" all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must ...
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(Duke Law Journal, 1998)Professor W. Kip Viscusi argues for a move away from the adversarial approach to tobacco regulation, an approach that is currently embodied in class action lawsuits and the proposed broadening of FDA regulatory power over ...
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(Journal of Law and Economics, 1985)A recurring issue in the economic analysis of risk regulation agencies is whether these efforts have had any significant favorable effect on safety. Although the existence of such an effect would not necessarily imply that ...
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(Law and Contemporary Problems, 2017)This article provides a side-by-side comparison of payday lending and consumer litigation funding in order to aid policymakers. Funding has similarities with payday lending because they are both alternative financial ...
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(Georgia Journal of International & Comparative Law, 2017)This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common Article ...
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(Stetson Law Review, 1998)Statutory and case law make it clear that corporate officers and directors have very wide discretion to direct reasonable amounts of corporate resources toward artistic, educational, and humanitarian causes, even if those ...
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(Columbia Law Review, 2014)The Supreme Court’s decision in Citizens United v. FEC is widely considered a major roadblock for campaign finance reform, and particularly for limiting third party spending in federal elections. In response to the decision, ...
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(Cornell Law Review, 2013)Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal ...
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(New York University Law Review, 2016)There’s more than one way to copy. The process of copying can be laborious or easy, expensive or cheap, educative or unenriching. But the two intellectual property regimes that make copying an element of liability, copyright ...
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(American Criminal Law Review, 2014)This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception ...
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(North Carolina Law Review, 2016)Because representative shareholder litigation has been constrained by numerous legal developments, the corporate governance system has developed new mechanisms as alternative means to address managerial agency costs. We ...