Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 204-223 of 1354
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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 ...
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(University of Illinois Law Review, 2013)In 2010, the U.S. Supreme Court held in Citizens United v. FEC that restrictions on corporate political speech were unconstitutional because of the First Amendment rights granted corporations as a result of their status ...
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(Stanford Law Review, 2000)Balancing of risk and cost lies at the heart of standard negligence tests and policy analysis approaches to government regulation. Notwithstanding the desirability of using a benefit-cost approach to assess the merits of ...
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(Vanderbilt Law Review, 2009)Discussion of shareholder voting frequently begins against a background of the democratic expectations and justifications present in decision-making in the public sphere. Directors are assumed to be agents of the shareholders ...
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(Vanderbilt Law Review, 2005)For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
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(Vanderbilt Law Review, 2005)For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
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(University of Illinois Law Review, 2008)The state competition for corporate law has long been studied as a distinct phenomenon. Under the traditional view, corporations are subject to a unique choice-of-law rule, the internal affairs doctrine (IAD). This rule ...
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(Democracy: A Journal of Ideas, 2019)The real threat to liberal democracy isn’t authoritarianism--it's nationalist oligarchy. Here's how American foreign policy should change.
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(Democracy: A Journal of Ideas, 2019)The challenge we face today is not one of authoritarianism, as so many seem inclined to believe, but of nationalist oligarchy. This form of government feeds populism to the people, delivers special privileges to the rich ...
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(Harvard Law Review, 2008)Few think of counterinsurgency as linked to constitutional design. Counterinsurgency is bottom-up; constitutional design is top-down. Counterinsurgency is military; constitutional design is political-legal. Counterinsurgency ...
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(Virginia Law Review, 2009)Since the wars in Afghanistan and Iraq, military strategists, historians, soldiers, and policymakers have made counterinsurgency's principles and paradoxes second nature, and they now expect that counterinsurgency operations ...
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(The New Republic, 2009)Camp Julien is surrounded by reminders of Afghanistan’s past. The coalition military base— which sits in the hills south of Kabul, just high enough to rise above the thick cloud of smog that perpetually blankets the city—is ...
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(Arizona Law Review, 2001)This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic ...
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(Harvard Law Review, 2015)It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view the promotion of creativity as copyright’s mission ...