Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 520-539 of 1354
-
(Emory Law Journalwww.law.emory.edu/elj, 2003)For more than a century the Supreme Court of the United States has championed family as an institution of constitutional significance. The Court recently affirmed this position in Troxel v. Granville, 530 U.S. 57 (2000). ...
-
(Fordham International Law Journal, 2001)For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law ...
-
(Notre Dame Law Review, 2017)One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...
-
(Industrial and Labor Relations Review, 2000)Empirical research has consistently shown that married men have substantially higher wages, on average, than otherwise similar unmarried men. One commonly cited hypothesis to explain this pattern is that marriage allows ...
-
(American Economic Review Papers and Proceedings, 1994)While the popular press may have declared housework passe with the advent of the two-income household (see "Housework is Obsolescent" by Barbara Ehrenreich [1993] for one such example), the facts indicate that housework ...
-
(Vanderbilt Law Review, 2005)In "United States v. Mead Corp.", the Supreme Court held that an agency is entitled to Chevron deference for interpretations of ambiguous statutory provisions only if Congress delegates, and the agency exercises, authority ...
-
(Georgia State University Law Review 427 (2021), 2021)The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou's Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons ...
-
(The Journal of Things We Like (Lots), 2018-04-24)Anyone interested in American criminal justice has to wonder why we have so many more people in prison—in absolute as well as relative terms—than the western half of the European continent, the part of the world most readily ...
-
(Howard Law Journal, 2015)American imprisonment rates are far higher than the rates in virtually every Western country, even after taking into account differing rates of crime. The late Professor Andrew Taslitz suggested that at least one explanation ...
-
(Ohio State Journal of Criminal Law, 2004)Drawing upon a recent study of felony jury sentencing in Kentucky, Virginia, and Arkansas, this essay highlights some of the similarities and differences between jury sentencing in capital cases and jury sentencing in ...
-
(American Law and Economics Review, 1999)A sample of almost 100 judges exhibited well-known patterns of biases in risk beliefs and reasonable implicit values of life. These biases and personal preferences largely do not affect attitudes toward judicial risk ...
-
(Notre Dame Law Review, 2003)This Article is divided into three Parts. The first Part is devotedto an example demonstrating that, while double taxation may be gratuitous in a purely domestic context, it invariably becomes necessary in a multinational ...
-
(Michigan Law Review, 2002)Professors George and Pushaw review Maxwell L. Stearns’ book, "Constitutional Process: A Social Choice Analysis of Supreme Court decision making." In his book, Stearns demonstrates that the U.S. Supreme Court fashions ...
-
(Mercer Law Review, 2013)It is a great honor to be asked to deliver the second Annual Brainerd Currie Lecture at Mercer University School of Law. Brainerd Currie was an immensely influential law professor who is recognized as the leading scholar ...
-
(Texas Law Review Online, 2019)The Supreme Court will soon decide whether, under Title VII of the Civil Rights Act of 1964, it is discrimination “because of sex” to fire an employee because of their sexual orientation or transgender identity. There’s a ...
-
(Yale Law Journal, 2019)The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and represents a stunning Republican victory ...
-
(Vanderbilt Journal of Transnational Law, 2021)This Article argues that the World Trade Organization's Appellate Body (AB), or a successor body, must become more transparent in justifying its decision to rely (or not) on prior decisions. The AB's practice of precedent-which ...
-
(Ecology Law Quarterly, 1994)The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is scheduled for reauthorization in the spring of 1995, and Congress must decide either to continue the Superfund program in its current ...
-
(Santa Clara Law Review, 2002)The death penalty presents an issue where a clearly stated norm that is widely held by U.S. allies exists in stark contrast to U.S. practices. The war on terrorism has shone a spotlight on European refusals to extradite ...
-
(Tax Law Review, 2003)This Article began with a search for a theoretical underpinning that could explain the structure of the current corporate income tax regime, and found such underpinning lacking. It proposed an alternative underpinning for ...