Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 352-371 of 1354
-
(Iowa Law Review, 1991)Since the Supreme Court held the prohibition of lawyer advertising unconstitutional in Bates v. State Bar of Arizonal American lawyers have engaged in heated debate over the appropriateness of advertising for their profession. ...
-
(Florida State University Law Review, 2005)Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them ...
-
(Indiana Law Journal, 2006)Empirical legal scholarship is arguably the most significant emerging intellectual movement. Empirical legal scholarship (ELS), as the term is generally used in law schools, refers to a specific type of empirical research: ...
-
(Michigan Journal of International Law, 2001)This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American ...
-
(Onati Socio-Legal Series, 2019)The empirical study of judicial emotion has enormous but largely untapped potential to illuminate a previously underexplored aspect of judging, its processes, outputs, and impacts. After defining judicial emotion, this ...
-
(Law & Inequality, 1990)Many of you have seen or heard in the media much discussion about last term's employment discrimination cases. Indeed, last term there was an extraordinary amount of activity in the Supreme Court on employment discrimination. ...
-
(Cornell Law Review, 2021)Many businesses purchase Employment Practices Liability Insurance (EPLI), a form of insurance that protects them from claims of discrimination, harassment, retaliation, and wrongful termination. But critics of EPLI argue ...
-
(Northwestern Journal of Technology and Intellectual Property, 2008)Possibly in response to criticisms that the U.S. patent system affords too much legal protection to patent owners, the courts have begun to chip away at patent rights. Curiously enough, the Supreme Court has heard a ...
-
(Iowa Law Review, 2019)This Article argues that the principle relied upon in King v. Burwell that courts "cannot interpret statutes to negate their stated purposes"-the enacted purposes canon-is and should be viewed as a bedrock element of ...
-
(Arizona Law Review, 2015)In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations to opt out of ...
-
(Vanderbilt Law Review, 2009)For many years, courts and commentators have been concerned about a phenomenon in class action litigation referred to as objector "blackmail." The term "blackmail" is used figuratively rather than literally; so-called ...
-
(Virginia Law Review, 2000)This article argues that mental illness should no longer be the basis for a special defense of insanity. Instead, mental disorder should be considered in criminal cases only if relevant to other excuse doctrines, such as ...
-
(Cornell Journal of Law and Public Policy, 1998)This article examines some of the perverse consequences of the structure of the Endangered Species Act, namely that it deters property owners from conserving threatened species and lacks proactive measures.
-
(Duke Environmental Law & Policy Forum, 2004)One of the mysteries of environmental policy in the Bush Administration will be how and why it squandered an opportunity to continue market-based administrative reforms of the Endangered Species Act begun, ironically, in ...
-
(Harvard Environmental Law Review, 2012)Thirty-five years ago, the Endangered Species Act ("ESA") had as auspicious a debut in the U.S. Supreme Court as any statute could hope for. In Tennessee Valley Authority v. Hill, a majority of the Court proclaimed that ...
-
(Current Biology, 2007)Human behavior is not always consistent with standard rational choice predictions. The much-investigated variety of apparent deviations from rational choice predictions provides a promising arena for the merger of economics ...
-
(Cornell Law Review, 2019)Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs of new infrastructure. Local governments commonly use them to address the burdens that growth ...
-
(Harvard Law Review Forum, 2021)The Federal Power Act (FPA) has endured for eighty-five years, in part because it does not embrace a single regulatory approach for the energy industry. Nor does the FPA favor a single approach to federalism: it delegates ...
-
(Yale Law Journal, 2013)This Essay argues that the Court’s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v. Ryan will make little difference in either the enforcement of the right to the effective assistance ...
-
(Cornell Law Review, 2005)Congress imposes a variety of sanctions on individuals who have been convicted of state crimes. This Article argues that these sanctions may distort the enforcement of state law. By raising the stakes involved in state ...