Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 289-308 of 1354

    • The Divergence of Constitutional and Statutory Interpretation 
      Stack, Kevin M. (Colorado Law Review, 2004)
      There is a peculiar point of agreement between prominent defenders of originalist and dynamic interpretive methods, that their preferred interpretive approach applies not just to statutes or to the Constitution, but to ...
    • The Diversity Imperative Revisited 
      Hans, G.S. (Clinical Law Review, 2019)
      The demographics of clinical law faculties matter. As Professor Jon Dubin persuasively argued nearly twenty years ago in his article Faculty Diversity as a Clinical Legal Education Imperative, clinical faculty of color ...
    • Do Appraisal Challenges Benefit Target Shareholders through Narrowing Arbitrage Spread? A Reply 
      Broughman, Brian; Boone, Audra; Macias, Antonio J. (Journal of Law & Economics, 2020)
      The emergence of appraisal arbitrage as an investment strategy has focused attention on the role of judicial appraisal in mergers and acquisitions deals. Our study-Boone, Broughman, and Macias (2019)-contributes to this ...
    • Do Class Action Lawyers Make Too Little? 
      Fitzpatrick, Brian T. (University of Pennsylvania Law Review, 2010)
      Class action lawyers are some of the most frequently derided players in our system of civil litigation. It is often asserted that class action lawyers take too much from class judgments as fees, that class actions are ...
    • Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses 
      Thomas, Randall S., 1955-; Cox, James D., 1943-; Bai, Lynn (Wisconsin Law Review, 2009)
      Federal appellate courts have promulgated divergent legal standards for pleading fraud in securities fraud class actions after the Private Securities Litigation Reform Act (PSLRA). Recently, the U.S. Supreme Court issued ...
    • Do Founders Control Start-up Firms that Go Public? 
      Broughman, Brian; Fried, Jesse M. (Harvard Business Law Review, 2020)
      Black & Gilson (1998) argue that an IPO-welcoming stock market stimulates venture deals by enabling VCs to give founders a valuable "call option on control." We study 18,000 startups to investigate the value of this option. ...
    • Do Founders Control Start-up Firms that Go Public? 
      Broughman, Brian (Harvard Business Law Review, 2020)
      Black & Gilson (1998) argue that an IPO-welcoming stock market stimulates venture deals by enabling VCs to give founders a valuable "call option on control." We study 18,000 startups to investigate the value of this option. ...
    • Do Payday Loans Cause Bankruptcy? 
      Skiba, Paige Marta; Tobacman, Jeremy (Journal of Law and Economics, 2019)
      An estimated ten million American households borrow on payday loans each year. Despite the prevalence of these loans, little is known about the effects of access to this form of short-term, high-cost credit. We match ...
    • Do Smokers Underestimate Risks? 
      Viscusi, W. Kip (Journal of Political Economy, 1990)
      This paper uses a national survey of 3,119 individuals to examine the effect of lung cancer risk perceptions on smoking activity. Both smokers and nonsmokers greatly overestimate the lung cancer risk of cigarette smoking, ...
    • Dodd-Frank's Say on Pay: Will It Lead to a Greater Role for Shareholders in Corporate Governance? 
      Thomas, Randall S., 1955-; Palmiter, Alan R.; Cotter, James F. (Cornell Law Reviewhttp://www.lawschool.cornell.edu/research/cornell-law-review/, 2012)
      "Say on pay" gives shareholders an advisory vote on a company's pay practices for its top executives. Beginning in 2011, Dodd-Frank mandated such votes at public companies. The first year of "say on pay" under the new ...
    • Does Congress Exist? 
      Ruhl, J. B. (Journal of Land Use & Environmental Law, 2014)
      Prepared for Florida State’s conference on “Environmental Law without Congress,” this is a sometimes tongue-in-cheek history of the Endangered Species Act, suggesting it is an example of “environmental law deism” given ...
    • Does Frye or Daubert Matter? A Study of Scientific Admissibility Standards 
      Cheng, Edward K.; Yoon, Albert (Virginia Law Review, 2005)
      Nearly every treatment of scientific evidence begins with a faithful comparison between the Frye and Daubert standards. Since 1993, jurists and legal scholars have spiritedly debated which standard is preferable and whether ...
    • Does Private Equity Create Wealth? The Effects of Private Equity and Derivatives on Corporate Governance 
      Thomas, Randall S., 1955-; Masulis, Ronald W. (University of Chicago Law Review, 2009)
      Private equity has reaped large rewards in recent years. We claim that one major reason for this success is due to the corporate governance advantages of private equity over the public corporation. We argue that the ...
    • Does Product Liability Make Us Safer? 
      Viscusi, W. Kip (Regulation, 2012)
      Product liability law is intended to create an environment that fosters safer products. However, this law often has adverse consequences. Some of the problems stem from the inherent nature of product risk decisions and the ...
    • Does the Plaintiff Matter? An Empirical Analysis of Lead Plaintiffs in Securities Class Actions 
      Thomas, Randall S., 1955-; Cox, James D., 1943- (Columbia Law Review, 2006)
      The PSLRA's lead plaintiff provision was adopted in order to encourage large shareholders with claims in a securities fraud class action to step forward to become the class' representative. Congress' expectation was that ...
    • Does the Solicitor General Advantage Thwart the Rule of Law in the Administrative State? 
      Rossi, Jim, 1965- (Florida State University Law Review, 2000)
      Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...
    • Does Unconscious Racial Bias Affect Trial Judges 
      Guthrie, Chris; Rachlinski, Jeffrey John; Johnson, Sheri Lynn; Wistrich, Andrew J. (Notre Dame Law Review, 2009)
      Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit ...
    • Don't Answer That! 
      Sherry, Suzanna (Vanderbilt Law Review En Banc, 2013)
      Forget hard cases: "bad" cases make bad law. DaimlerChrysler Corp. v. Bauman, which never should have been filed in a California federal court, has the potential to make very bad law. It is a paradigmatic example of egregious ...
    • Doubts About Daubert: Psychiatric Anecdata as a Case Study 
      Slobogin, Christopher, 1951- (Washington & Lee Law Review, 2000)
      In Daubert v. Merrell Dow Pharmaceuticals Inc., the Supreme Court sensibly held that testimony purporting to be scientific is admissible only if it possesses sufficient indicia of scientific validity. In Kumho Tire Co. v. ...
    • Dual Constitutions and Constitutional Duels: Separation of Powers and State Implementation of Federally Inspired Regulatory Programs and Standards 
      Rossi, Jim, 1965- (William and Mary Law Review, 2005)
      Frequently, state-wide executive agencies and localities attempt to implement federally-inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific ...