Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 366-385 of 1354
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(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 ...
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(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 ...
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(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 ...
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(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 ...
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(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 ...
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(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 ...
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(PLoS One, 2019)Many scientific researchers aspire to engage policy in their writing, but translating scientific research and findings into policy discussion often requires an understanding of the institutional complexities of legal and ...
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(Journal of Contemporary Legal Issues, 1996)I have argued that the government may not single out any irrational beliefs for preferential treatment, nor is it required to treat alternative epistemologies as favorably as Enlightenment rationality. Both history ...
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The Enterprise Zone Concept at the Federal Level: Are Proposed Tax Incentives the Needed Ingredient? (Virginia Tax Review, 1990)This article examines the concept of enterprise zones in the United States. Part II explores this concept from an historical perspective: first, the conceptual origins of the enterprise zone systein and how it made its way ...
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(University of Chicago Law Review, 2010)This piece for the University of Chicago Law Review Symposium: Reassessing the State and Local Government Toolkit, examines how local governments can use private law mechanisms to entrench policy in ways that circumvent ...
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(Wayne Law Review, 2016)The decisions of the Michigan Supreme Court and the Michigan Court of Appeals during the Survey period, May 23, 2007 to July 30, 2008, did not dramatically change the course of environmental law in Michigan, nor did they ...
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(Natural Resources & Environment, 2017)Pipelines to the north. Walls to the south. Between President Trump's issuance of a permit for the Keystone XL pipeline crossing from Canada and his promise to build "The Wall," the politics of our national borders rarely ...
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(Pace Environmental Law Review, 2015)Given the political dynamic in play at the national level, with the country evenly split between Republicans and Democrats, and incumbent Tea Party and other politicians highly critical of the EPA, there is no reason to ...
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(Environmental Law Reporter, 2001)Farms and farming are intrinsically linked with human civilization, and have had a dramatic impact on our planet's landscape and environmental systems. Environmental regulation in the United States, though young when ...
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(The Regulatory Review, 2018-10-01)Achieving the green economy requires taking into account divisive politics and distributive justice.
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(Harvard Journal of Law & Public Policy, 1991)As the Supreme Court's 1989 Term reached its conclusion, observers expected the Court to follow "City of Richmond v. J.A. Croson Co." and invalidate two Federal Communications Commission (FCC) minority preference policies ...
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(Journal of Land Use & Environmental Law, 2003)This article examines the interstate water controversy between Florida, Georgia, and Alabama regarding allocation of water in the Apalachicola-Chattahoochee-Flint River Basin (ACF). The three states have been unable after ...
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(N.Y.U. Environmental Law Journal, 1994)Although the design of risk regulations has not yet attained what might be termed the economist's ideal of maximizing the difference between benefits and costs, substantial progress has been made in the design of regulatory ...
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(Vanderbilt Law Review, 2012)Jay Tidmarsh offers an intriguing new test for drawing the allimportant line between procedure and substance for purposes of Erie. The Tidmarsh test is attractively simple, yet seemingly reaches the right result in separating ...
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(The University of Memphis Law Review, 2008)In the Spring 2008 issue of the Tennessee Law Review, I wrote an essay questioning whether Tennessee's merit system for selecting appellate judges - the Tennessee Plan - satisfies the requirements of the Tennessee Constitution. ...