Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 249-268 of 1354
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(The George Washington Law Review, 2007)In Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the Supreme Court famously held that judicial deference to agency interpretations of ambiguous statutes is appropriate largely because the executive branch is ...
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(Delaware Journal of Corporation Law, 2018)The 1980’s is appropriately considered the Golden Age of Delaware corporate law. Within that era, the Delaware courts won international attention by not just erecting the legal pillars that frame today’s corporate governance ...
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(Boston College Law Review, 3/28/2014)The Supreme Court’s increasing use of science and social science in its decision-making has a rationalizing effect on law that helps ensure that a rule will have its desired effect. But resting doctrine on the shifting ...
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(Journal of Legal Studies, 2006)This paper uses a unique data set to examine how parties in civil litigation choose whether to demand a jury trial or to waive this right and whether trial forum influences the probability of trial versus settlement. ...
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(Alabama Law Review, 2018)Since the 1930s, corporate law scholarship has focused narrowly on the public corporation and the problem of the separation of ownership and control — a problem many now believe has been mitigated or even solved. With rare ...
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(University of Cincinnati Law Review, 2007)This essay was presented as the 2006 William Howard Taft lecture at the University of Cincinnati College of Law. It suggests that the conflation of politics and law - the view that judges are not legal experts but rather ...
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(Constitutional Commentary, 2008)Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the ...
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(New York University Law Review, 2002)Like many other transitional democracies, South Africa has chosen to run its two national postapartheid elections by an independent electoral commission, not by the existing government. Although the results were widely ...
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(Harvard Law Review Forum, 2011)This response to Professor Dan Kahan’s recent Harvard Foreword, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, argues that while Kahan accurately describes the contemporary “neutrality ...
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(Texas Law Review, 1988)Amy Gutmann's Democratic Education might equally well be entitled Republican Education, for its central theme is how to produce true republican citizens-citizens who possess both the ability and the motivation to participate ...
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(American Law and Economics Review, 2004)People seriously misjudge accident risks because they routinely neglect relevant information about exposure. Such risk judgments affect both personal and public policy decisions, e.g., choice of a transport mode, but also ...
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(Lewis & Clark Law Review, 2020)Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...
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(UCLA Law Review, 2020)This Article offers a theory. Granting originators exclusivity over derivative works and their related merchandise can enable marginal investment to tilt toward what I call derivable works: works that, from the owner's ex ...
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(William & Mary Law Review, 2015)This Article engages the two hundred year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent ...
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(William & Mary Law Review, 2015)This Article engages the two hundred year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent ...
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(Vanderbilt Journal of Entertainment and Technology Law, 2013)The derivative right is at the very core of copyright theory. What can and cannot be reused to create a new work impacts freedom of expression but also impacts the value of the markets for works and their various “derivatives.” ...
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(Green Bag 2D, 2009)Building on the success of derivatives markets in the financial arena, I show how similar markets can be used to hedge risk in legal academia. Prudent use of these markets will generate cash, mitigate errors in hiring, and ...
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(Vanderbilt Law Review, 2014)Administrative law needs to adapt to adaptive management. Adaptive management is a structured decision-making method the core of which is a multi-step iterative process for adjusting management measures to changing ...
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(2020)This Article contributes to the development of adaptive governance theory by articulating and situating the role of formal law and government as the facilitator, but not central controller, of adaptive governance. To advance ...
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(University of Pennsylvania Law Review, 2020)Mental states matter. Consequently, we and colleagues designed and executed a brain-imaging experiment attempting to detect-for the first time-differences between mental states relevant to criminal law. Imagine you've just ...