Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 568-587 of 1354

    • Increasing Diversity by a New Master's Degree in Legal Principles 
      Hersch, Joni (Journal of Legal Education, 2017)
      Students who leave their JD program before graduation leave empty handed, without an additional degree or other credential indicating that their law school studies had any professional, educational, or marketable value. ...
    • The Increasing Role of Empirical Research in Corporate Law Scholarship 
      Thomas, Randall S., 1955- (The Georgetown Law Journal, 2004)
      This is a review of Professor Mark Roe's book, The Political Determinants of Corporate Governance. It seeks to accomplish two goals. First, in Part I, it summarizes the theoretical arguments made in Political Determinants ...
    • Indemnification as an Alternative to Nullification 
      Mikos, Robert A. (Montana Law Review, 2015)
      The federalization of criminal law arguably threatens the states’ traditional police powers. Congress has criminalized myriad activities the states condone (or at least tolerate); it has denied federal criminal defendants ...
    • Independent Judges and Independent Justice 
      Sherry, Suzanna (Law and Contemporary Problems, 1998)
      Professor Currie's article [See David P. Currie, "Separating Judicial Power", 61 LAW & CONTEMPORARY PROBLEMS 7 (Summer 1998) ] discusses historical attempts to limit judicial independence. I consider the converse: how ...
    • Independent Judicial Research 
      Cheng, Edward K. (Duke Law Journal, 2007)
      The Supreme Court's Daubert trilogy places judges in the unenviable position of assessing the reliability of often unfamiliar and complex scientific expert testimony. Over the past decade, scholars have therefore explored ...
    • The Indeterminacy of Historical Evidence 
      Sherry, Suzanna (Harvard Law & Policy Review, 1995)
      I view my task in this Article to be proving that history is indeterminate. The rest of the Articles from this Panel may discuss what to do about the indeterminacy. I would like to put aside the normative questions and a ...
    • Individual Carbon Emissions 
      Vandenbergh, Michael P.; Barkenbus, Jack; Gilligan, Jonathan (UCLA Law Review, 2008)
      The individual and household sector generates roughly 30 to 40 percent of U.S. greenhouse gas emissions and is a potential source of prompt and large emissions reductions. Yet the assumption that only extensive government ...
    • Individual Rationality, Hazard Warnings, and the Foundations of Tort Law 
      Viscusi, W. Kip (Rutgers Law Review, 1996)
      If all people were fully rational and cognizant of all the risks they faced, then they would always select an efficient level of safety in all their activities and other choices. Thus people would trade off the potential ...
    • Induced Litigation 
      Guthrie, Chris; George, Tracey E. (Northwestern University Law Review, 2004)
      If "justice delayed" is "justice denied,"justice is often denied in American courts. Delay in the courts is a "ceaseless and unremitting problem of modem civil justice" that "has an irreparable effect on both plaintiffs ...
    • Ineffective Assistance of Counsel Before "Powell v. Alabama" 
      Mayeux, Sara (Iowa Law Review, 2014)
      Isabella Nitti-the first woman sentenced to death in Illinois-was national news in her time. Today she is remembered (if at all) as one of the notorious "husband killers" who inspired the Broadway play Chicago. Less well ...
    • The Inference from Authority to Interpretive Method in Constitutional and Statutory Domains 
      Stack, Kevin M. (Cornell Law Review, 2017)
      Should courts interpret the Constitution as they interpret statutes? This question has been answered in a wide variety of ways. On the one hand, many scholars and jurists understand constitutional and statutory interpretation ...
    • Inferring Desire 
      Clarke, Jessica A. (Duke Law Journal, 2013)
      In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions ...
    • Inferring Desire 
      Clarke, Jessica A. (Duke Law Journal, 2013)
      In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions ...
    • The Influence of the Areeda-Hovenkamp Treatise in the Lower Courts and What It Means for Institutional Reform in Antitrust 
      Allensworth, Rebecca Haw (Iowa Law Review, 2015)
      It is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the ...
    • Information Asymmetries in Consumer Credit Markets 
      Skiba, Paige Marta; Dobbie, Will (American Economic Journal: Applied Economics, 2013)
      This paper tests for incentive and selection effects in a subprime consumer credit market. We estimate the incentive effect of loan size on default using sharp discontinuities in loan eligibility rules. This allows us to ...
    • Informational Regulation of Consumer Health Risks: An Empirical Evaluation of Hazard Warnings 
      Viscusi, W. Kip; Magat, Wesley A.; Huber, Joel (The RAND Journal of Economics, 1986)
      On the basis of data from a survey of almost 400 consumers, this article assesses whether consumer behavior is responsive to information about product hazards that is provided in response to regulation. We find that the ...
    • Inside the Administrative State: A Critical Look at the Practice of Presidential Control 
      Bressman, Lisa Schultz; Vandenbergh, Michael P. (Michigan Law Review, 2006)
      From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by ...
    • Inside the Arbitrator's Mind 
      Guthrie, Chris; Franck, Susan D.; Aaken, Anne Van; Freda, James; Rachlinski, Jeffrey J. (Emory Law Journal, 2017)
      Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This ...
    • Inside the Bankruptcy Judge's Mind 
      Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (Boston University Law Review, 2006)
      Specialization is common in medicine. Doctors become oncologists, radiologists, urologists, or even hernia repair specialists. Specialization is also common among practicing lawyers, who become estate planners or products ...
    • Inside the Judicial Mind 
      Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (Cornell Law Review, 2001)
      The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public understandably expects judges to avoid ...