Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 264-283 of 1354

    • 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 ...
    • The Dimension of the Supreme Court 
      Edelman, Paul H. (Constitutional Commentary, 2004)
      In a paper published in the Proceedings of the National Academy of Sciences, Lawrence Sirovich introduced two novel mathematical techniques to study patterns in recent Supreme Court decisions. One of these methods, information ...
    • The Dimensions of the Product Liability Crisis 
      Viscusi, W. Kip (The Journal of Legal Studies, 1991)
      Examination of a variety of sources of statistics indicates that the product liability crisis is real, and it is not simply imagined or contrived by the insurance industry. Litigation in the product liability area has ...
    • Direct-to-Consumer Genetic Testing: Prospective Users' Attitudes Toward Information About Ancestry and Biological Relationships 
      Clayton, Ellen W.; Hazel, J.W.; et, al. (PLoS One, 2021)
      Direct-to-consumer genetic testing is marketed as a tool to uncover ancestry and kin. Recent studies of actual and potential users have demonstrated that individuals’ responses to the use of these tests for these purposes ...
    • Direct-to-Consumer Genetic Testing: Prospective Users' Attitudes Toward Information About Ancestry and Biological Relationships 
      Clayton, Ellen W.; Hazel, James W.; et al. (PLoS One, 2021)
      Direct-to-consumer genetic testing is marketed as a tool to uncover ancestry and kin. Recent studies of actual and potential users have demonstrated that individuals’ responses to the use of these tests for these purposes ...
    • Director Accountability and the Mediating Role of the Corporate Board 
      Blair, Margaret M., 1950-; Stout, Lynn A., 1957- (Washington University Law Quarterly, 2001)
      One of the most pressing questions facing both corporate scholars and businesspeople today is how corporate directors can be made accountable. Before addressing this issue, however, it seems important to consider two ...
    • Directors' Duties in a Post-Enron World: Why Language Matters 
      Blair, Margaret M., 1950- (Wake Forest Law Review, 2003)
      This essay observes that, in the face of corporate scandals of the last few years, a number of prominent advocates for shareholder primacy have retreated to the position that directors and officers should attempt to maximize ...
    • Disciplining Delegation After "Whitman v. American Trucking Ass'ns" 
      Bressman, Lisa Schultz (Cornell Law Review, 2002)
      The Supreme Court's recent reversal of the D.C. Circuit's decision in "Whitman v. American Trucking Ass'ns" brings to center stage the critical question for disciplining delegation of lawmaking authority to administrative ...