Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 257-276 of 1354

    • Democracy's Distrust: Contested Values and the Decline of Expertise 
      Sherry, Suzanna (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 ...
    • Democratic Education 
      Sherry, Suzanna (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 ...
    • The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness 
      Viscusi, W. Kip; Zeckhauser, Richard (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 ...
    • Deregulation and Private Enforcement 
      Fitzpatrick, Brian T. (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, ...
    • Derivable Works 
      Fishman, Joseph (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 ...
    • The Derivative Nature of Corporate Constitutional Rights 
      Blair, Margaret M.; Pollman, Elizabeth (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 ...
    • The Derivative Nature of Corporate Constitutional Rights 
      Blair, Margaret M.; Pollman, Elizabeth (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 ...
    • The Derivative Right, or Why Copyright Law Protects Foxes Better than Hedgehogs 
      Gervais, Daniel J. (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.” ...
    • A Derivatives Market in Legal Academia 
      Edelman, Paul H. (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 ...
    • Designing Administrative Law for Adaptive Management 
      Ruhl, J.B.; Craig, Robin Kundis (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 ...
    • Designing Law to Enable Adaptive Governance of Modern Wicked Problems 
      Cosens, Barbara A.; Ruhl, J.B.; Soininen, Niko; Gunderson, Lance (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 ...
    • Detecting Mens Rea in the Brain 
      Jones, Owen D.; Montague, Read; Yaffe, Gideon (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 ...
    • Detecting Mens Rea in the Brain 
      Jones, Owen D. (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 ...
    • The Determinants of Shareholder Voting on Stock Option Plans 
      Martin, Kenneth J.; Thomas, Randall S., 1955- (Wake Forest Law Review, 2000)
      Over the past decade, executive compensation has become a controversial topic. Increasingly, corporate boards of directors are confronted by angry shareholder groups over the size and composition of executive pay packages. ...
    • The Determinants of the Disposition of Product Liability Claims and Compensation for Bodily Injury 
      Viscusi, W. Kip (The Journal of Legal Studies, 1986)
      The frequency and severity of products liability lawsuits have become a matter of increasing importance and concern to the public at large and to American business in particular. The number of product liability cases filed ...
    • Deterring and Compensating Oil-Spill Catastrophes: The Need for Strict and Two-Tier Liability 
      Viscusi, W. Kip; Zeckhauser, Richard (Virginia Law Review, 2011)
      The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability ...
    • Deterring Inefficient Pharmaceutical Litigation: An Economic Rationale for the FDA Regulatory Compliance Defense 
      Viscusi, W. Kip; Rowland, Steven R.; Dorfman, Howard L.; Walsh, Charles J. (Seton Hall Law Review, 1994)
      This Article examines the interaction between direct regulation of pharmaceuticals under the Federal Food Drug and Cosmetic Act (FDCA) and the indirect regulation of pharmaceuticals provided by common law tort incentives. ...
    • Developing a Positive Theory of Decisionmaking on U.S. Courts of Appeals 
      George, Tracey E., 1967- (Ohio State Law Journal, 1998)
      As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, ...
    • Development of an Early Identification and Response Model of Malpractice Prevention 
      Clayton, Ellen Wright; Hickson, Gerald B.; Pichert, James W.; Federspiel, Charles F. (Law and Contemporary Problems, 1997)
      The purpose of this article is to describe the development of an early identification and response model of malpractice prevention that is designed to achieve these objectives. The article begins with a rationale for the ...
    • Development of Brief Child Nutrition and Physical Activity Screening Questions for Electronic Health Record Use 
      Shinall, Jennifer (Bennett); et al. (Childhood Obesity, 2020)
      To develop and test brief nutrition and physical activity screening questions for children ages 2–11 years that could be used as a pragmatic screening tool to tailor counseling, track behavior change, and improve population ...