Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 711-730 of 1354
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(2007)As construed by the Supreme Court, the Fourth Amendment's reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects-and virtually nothing else. This essay is primarily ...
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(Green Bag 2D, 2013)I am honored and humbled by the breadth and depth of the responses to my essay on judicial activism, including Richard Epstein's very generous introduction. Each of the contributors has packed a tremendous amount of insight ...
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(Harvard Blackletter Law Journal, 2000)This Article examines data on public opinion to determine what criteria the public favors in making difficult admissions decisions. Obviously, notions of merit 2 are central to resolving this complicated issue. The data ...
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(Virginia Tax Review, 2006)Under current tax law, there can be considerable period-by-period divergence between a taxpayer's after-tax income and her desired or actual consumption. This divergence will cause the taxpayer to borrow. One can view such ...
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(William & Mary Law Review, 2019)Is there a constitutional right to compete in an occupation? The “right to earn a living” movement, gaining steam in policy circles and winning some battles in the lower courts, says so. Advocates for this right say that ...
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(Connecticut Law Review, 2010)In this Commentary Article, Professor Rossi highlights some of the distributional and operational problems presented by a national renewable portfolio standard ("RPS") in electric power. He also offers several solutions ...
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(Washington University Law Quarterly, 2001)This paper is an empirical analysis of plaintiffs' success rates in executive compensation litigation. Using data from publicly available files, this study examines a sample of 124 cases where shareholders have challenged ...
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(Texas Law Review, 2002)Optimal commodity tax methodology has been proposed as a way of making difficult line drawing decisions in the income tax. This paper explores some practical difficulties with the approach, and concludes that in one area ...
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(Columbia Law Review, 2007)This Article proposes that local governments should be able to decide for themselves how to protect private property, and then be held to that choice as if it were a local constitutional pre-commitment. Specifically, the ...
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(Yale Journal of International Law, 2010)This Article considers the extent to which there may be an international interest in how intranational disputes over cultural property are settled. Drawing on the norms underlying recent global scrutiny of states’ destruction ...
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(UCLA Law Review, 2003)This Article argues that corporate status became popular in the nineteenth century as a way to organize production because of the unique manner in which incorporation permitted organizers to lock in financial capital. ...
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(The Journal of Things We Like, 2017)Locking Up Our Own: Crime and Punishment in Black America is a look at the recent history of African-American attitudes toward crime. In many ways the book is a codicil to Michelle Alexander’s well-known work, The New Jim ...
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(Notre Dame Law Review, 2006)Conventional wisdom holds that federal jurisdiction is contracting and district court discretion is expanding. This Article argues that the conventional wisdom is wrong, and that the true doctrinal trends do not bode well ...
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(Vanderbilt Law Review, 2003)The filed tariff doctrine, fashioned by courts to protect consumers from rate discrimination, has strayed from its origins. Instead of protecting consumers, the doctrine has evolved into a shield for regulated firms against ...
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(AEA Papers and Proceedings, 1984)In 1972 the Food and Drug Administration imposed a protective bottlecap requirement on aspirin and other selected drugs. This regulation epitomizes the technological approach to social regulation. The strategy for reducing ...
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(Texas Tech Law Review, 2007)This essay, for a symposium on Citizen Ignorance, Police Deception and the Constitution, relies on moral philosophy and new empirical research in arguing that police deceit during interrogation is permissible when: (1) it ...
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(University of Pennsylvania Law Review, 2010)The ongoing Great Recession has triggered numerous proposals to improve the regulation of financial markets and, most importantly, the regulation of organizations such as credit rating agencies, underwriters, hedge funds, ...
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(Iowa Law Review, 2020)The use of Artificial Intelligence ("AI") machines using deep learning neural networks to create material that facially looks like it should be protected by copyright is growing exponentially. From articles in national ...
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(Duke Environmental Law & Policy Forum, 2010)Drawing on the recent financial crisis, we introduce the concept of macro-risk. We distinguish between micro-risks, which can be managed within conventional economic frameworks, and macro-risks, which threaten to disrupt ...
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(University of Ottawa Law & Technology Journal, 2008)This Article suggests a path to develop a principled conceptualizat ion for copyright of limitations and exceptions at the international level. The paper argues that, normatively, copyright has always sought to reflect a ...