Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 455-474 of 1354

    • Form vs. Function in Rule 10B-5 Class Actions 
      Rose, Amanda M. (Duke Journal of Constitutional Law & Public Policy, 2015)
      The Supreme Court’s widely anticipated decision last term in Halliburton Co. v. Erica P. John Fund, Inc.1 did little to change the fundamental landscape of securities fraud litigation in the United States. Rule 10b-52 class ...
    • A Former Treasury Adviser On How to Really Fix Wall Street 
      Ricks, Morgan (The New Republic, 2011)
      Any serious program for Wall Street reform should start with two words: “term out.” “Terming out” is a financial term of art, but its meaning is easily grasped. It simply means funding your business with long-term financing ...
    • Foundational Facts and Doctrinal Change 
      Sherry, Suzanna (University of Illinois Law Review, 2011)
      Doctrine is at the center of law and legal analysis. This Article argues that we have fundamentally misunderstood its nature. The conventional approach to legal doctrine focuses on theory and applications. What is the ...
    • The Founders' Unwritten Constitution 
      Sherry, Suzanna (University of Chicago Law Review, 1987)
      In seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent ...
    • The Four Pillars of Constitutional Doctrine 
      Sherry, Suzanna (Cardozo Law Review, 2011)
      Constitutional interpretation, and thus constitutional doctrine, is inevitably controversial. Judges, scholars, lawyers, politicians, and the American public all disagree among themselves, not only about the correct ...
    • Foxes at the Henhouse: Occupational Licensing Boards Up Close 
      Allensworth, Rebecca Haw (California Law Review, 2017)
      The dark side of occupational licensing-its tendency to raise prices to consumers with dubious effects on service quality, its enormous payout to licensees, and its ability to shut many willing workers out of the workforce-has ...
    • Fragmented Copyright, Fragmented Management: Proposals to Defrag Copyright Management 
      Gervais, Daniel J.; Maurushat, Alana (Canadian Journal of Law & Technology, 2003)
      The collective management of copyright in Canada was conceived as a solution to alleviate the problem of inefficiency of individual rights management. Creators could not license, collect and enforce copyright efficiently ...
    • Frameworks for Analyzing the Effects of Risk and Environmental Regulations on Productivity 
      Viscusi, W. Kip (American Economic Association, 1983)
      The existence of a negative relationship between the regulatory burden and capital investments, and consequently productivity,is not controversial. A conventional model of this type is developed in Section I. If, however, ...
    • Framing Frivolous Litigation: A Psychological Theory 
      Guthrie, Chris (University of Chicago Law Review, 2000)
      This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous ...
    • Fraud on the Market: An Action Without a Cause 
      Rose, Amanda M. (University of Pennsylvania Law Review, 2011)
      This is a response to William W. Bratton & Michael L. Wachter, The Political Economy of Fraud on the Market, 160 U. PA. L. REV. 69 (2011). Bratton and Wachter argue that fraud-on-the-market class actions (FOTM) should be ...
    • Free Trade, Fair Trade, and Selective Enforcement 
      Meyer, Timothy (Columbia Law Review, 2018)
      The 2016 presidential election was one of the most divisive in recent memory, but it produced a surprising bipartisan consensus. Donald Trump, Hillary Clinton, and Bernie Sanders all agreed that U.S. trade agreements should ...
    • From Cash Crop to Cash Cow 
      Viscusi, W. Kip (Regulation, 1997)
      The 1990s have witnessed a blizzard of anti­smoking efforts. Hillary Clinton and a variety of supporters of the Clinton health care plan urged dramatically higher cigarette taxes to pay for expanded health insurance ...
    • From De Facto to Statutory Exemption: An Analysis of the Evolution of Legislative Policy Regarding the Federal Taxation of Campaign Finance 
      Schoenblum, Jeffrey A. (Virginia Law Review, 1979)
      This article first explores the development of the de facto system of tax exemption and identifies the tensions that led to its demise. The analysis then details the substitution of a statutory structure in place of the ...
    • From Judge to Justice: Social Background Theory and the Supreme Court 
      George, Tracey E., 1967- (North Carolina Law Review, 2008)
      The Roberts Court Justices already have revealed many differences from one another, but they also share a (possibly) significant commonality: Presidents promoted all of them to the U.S. Supreme Court from the U.S. Courts ...
    • From Politics to Efficiency in Choice of Law 
      O'Connor, Erin O'Hara, 1965-; Ribstein, Larry E. (University of Chicago Law Review, 2000)
      This article proposes a comprehensive system for choice of law that is designed to enhance social wealth by focusing on individual rather than governmental interests. To the extent practicable, parties should be able to ...
    • From Smokestack to SUV 
      Vandenbergh, Michael P. (Vanderbilt Law Review, 2004)
      A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the ...
    • Frontiers of Sex Discrimination Law 
      Clarke, Jessica A. (Michigan Law Review, 2017)
      A short time ago, the argument that sex discrimination includes discrimination on the basis of sexual orientation was considered a risky litigation tactic with little hope of success. One reason was the fear that extending ...
    • The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals 
      Guthrie, Chris; George, Tracey E., 1967- (Florida State University Law Review, 2005)
      In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. ...
    • The Future of Agency Independence 
      Bressman, Lisa Schultz; Thompson, Robert B., 1949- (Vanderbilt Law Review, 2010)
      Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In ...
    • The Future of Supreme Court Reform 
      Sitaraman, Ganesh; Epps, Daniel (Harvard Law Review Forum, 2021)
      For a brief moment in the fall of 2020, structural reform of the Supreme Court seemed like a tangible possibility. After the death of Justice Ruth Bader Ginsburg in September, some prominent Democratic politicians and ...