Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 764-783 of 1354
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(Nevada Law Journal, 2007)Judging is difficult. This is obviously so in cases where the law is unclear or the facts are uncertain. But even in those cases where the law is as clear as it can be, and where the relevant facts have been fully developed, ...
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(Supreme Court Economics Review, 1996)This article analyzes Supreme Court and other federal court cases, to explain the seemingly disparate incorporation of mistake of law excuses into federal criminal statutes. Most of the cases can be explained from an ...
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(Journal of Law and Policy, 2005)This article will briefly survey some of the current and emerging legal issues surrounding mtDNA evidence. Parts I and II discuss basic evidentiary questions, including mtDNA's reliability and admissibility under Daubert7 ...
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(Roger Williams University Law Review, 2007)Modern warfare presents an array of legalistic overtones that require the presence and participation of attorneys of exceptional courage and breadth of expertise in demanding and austere conditions. Military lawyers today ...
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(Fordham Urban Law Journal, 2006)Should the benefits of risk and environmental regulations be monetized? For economists, this question is not controversial. Benefits of government policies have a value given by society's willingness to pay for these ...
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(Review of Banking & Financial Law, 2012)This paper approaches the shadow banking problem from a monetary point of view. It does so by means of a simple thought experiment. The aim is to strip away the inessentials so as to reveal some of the basic legal-institutional ...
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(Review of Banking and Financial Law, 2011)This paper approaches the shadow banking problem from a monetary point of view. It does so by means of a simple thought experiment. The aim is to strip away the inessentials so as to reveal some of the basic legal-institutional ...
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(2018)Traditional infrastructure regulation—the law of regulated industries—rests atop three pillars: rate regulation, entry restriction, and universal service. This mode of regulation has typically been applied to providers of ...
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(Law and Contemporary Problems, 2020)In this Article, I use Bernanke's blockbuster as a springboard to make several points that are germane to law and macroeconomics as a field of study. First, understanding acute macroeconomic disasters should be central to ...
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(Southern Economic Journal, 1986)In situations of uncertain worker productivity and risk aversion, labor market contracts have a dual objective of promoting incentives and risk spreading. A trade-off between these objectives is present in single period ...
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(The RAND of Economics, 1994)Risk regulations directly reduce risks, but they may produce offsetting risk increases. Regulated risks generate a substitution effect, as individuals' risk-averting actions will diminish. Recognition of these effects ...
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(Minnesota Law Review, 2001)Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during ...
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(Constitutional Commentary, 2007)In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the ...
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(Southern California Law Review, 1996)We analyze the relative voting power of the Justices based upon Supreme Court decisions during October Term 1994 and October Term 1995. We take two approaches, both based on ideas derived from cooperative game theory. One ...
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(Wake Forest Law Review, 2005)This Article argues that public law has fallen into what I call a deference trap in addressing conflicts in deregulated industries, such as telecommunications and electric power. The deference trap describes a judicial ...
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(Georgetown Law Journal, 2003)Since the New Deal, and even before, regulatory law has grown relentlessly ever more massive, detailed, and encompassing. The sentiment, "there's too much law", surely rings true on a daily basis to both practitioners and ...
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(The Green Bag Almanac & Reader, 2009)In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network ...
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(University of Pennsylvania Law Review, 2010)Participants in the U.S. capital markets can be sued for securities fraud by a mishmash of enforcers, including the SEC, class action plaintiffs, and state regulators. Does this multi-enforcer approach make sense from a ...
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(Albany Law Review, 1992)The prefatory note to the 1990 revisions of article II of the Uniform Probate Code ("UPC") indicates that the changes wrought are a response to several developments since the promulgation of the UPC in 1969. The prefatory ...
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(Harvard Law Review, 2018)What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation ...