Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 9-28 of 1354

    • An Administrative Jurisprudence: The Rule of Law in the Administrative State 
      Stack, Kevin M. (Columbia Law Review, 2015)
      This Essay offers a specification of the rule of law’s demands of administrative law and government inspired by Professor Peter L. Strauss’s scholarship. It identifies five principles—authorization, notice, justification, ...
    • Adolescent Brain Science After Graham v. Florida 
      Maroney, Terry A. (Notre Dame Law Review, 2011)
      In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits a sentence of life without possibility of parole for a non-homicide crime committed when the offender was under the age of eighteen. In an ...
    • Adoption in the Progressive Era: Preserving, Creating, and Re-Creating Families 
      Guthrie, Chris; Grossman, Joanna L. (The American Journal of Legal History, 1999)
      The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the ...
    • Adversarial Economics in Antitrust Litigation: Losing Academic Consensus in The Battle of The Experts 
      Allensworth, Rebecca Haw (Northwestern University Law Review, 2012)
      The adversarial presentation of expert scientific evidence tends to obscure academic consensus. In the context of litigation, small, marginal disagreements can be made to seem important and settled issues can be made to ...
    • Adverse Possession of Identity: Radical Theory, Conventional Practice 
      Clarke, Jessica A. (Oregon Law Review, 2005)
      This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, ...
    • Affirmative Constitutional Commitments: The State's Obligations to Property Owners 
      Serkin, Christopher (Brigham-Kanner Property Rights Conference Journal, 2013)
      This Essay, prepared for the 2012 Brigham-Kanner Property Rights Conference, argues that social obligation theories in property generate previously unrecognized obligations on the State. Leading property scholars, like ...
    • Afterword: Voices and Violence-- A Dialogue 
      Clayton, Ellen Wright; Clayton, Jay, 1951- (Vanderbilt Law Review, 1990)
      When organizing this Symposium on the topic of "Law, Literature, and Social Change," we asked whether current trends in literature and in literary, social, and legal theory actually could play a role in bringing about ...
    • Against Diversity 
      Sherry, Suzanna (Constitutional Commentary, 2000)
      Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
    • Against Immutability 
      Clarke, Jessica A. (Yale Law Journal, 2015)
      Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include ...
    • Age Variations in Risk Perceptions and Smoking Decisions 
      Viscusi, W. Kip (The Review of Economics and Statistics, 1991)
      Abstract-The results of a national survey of smoking risks and smoking behavior are analyzed. Smoking risk perceptions follow the expected patterns given age differences in risk information acquired and differences in ...
    • Agencies Running from Agency Discretion 
      Ruhl, J.B.; Robisch, Kyle (William & Mary Law Review, 2016)
      Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming pre-decision assessment programs, such as under the Endangered ...
    • Agency Coordination in Shared Regulatory Space 
      Rossi, Jim, 1965-; Freeman, Jody (Harvard Law Review, 2012)
      This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share ...
    • Agency Independence After PCAOB 
      Stack, Kevin M. (Cardozo Law Review, 2011)
      Separation of powers has a new endeavor. The PCAOB decision makes the validity of good-cause removal protections depend on the separation of adjudicative from policymaking and enforcement functions within the agency. At a ...
    • Agency Statutory Interpretation and Policymaking Form 
      Stack, Kevin M. (Michigan State Law Review, 2009)
      In this short symposium contribution, I take up this invitation to examine the relevance of the agency's policymaking form to its approach to statutory interpretation. The core point I wish to advance is a relatively basic ...
    • Agriculture and Ecosystem Services: Strategies for State and Local Governments 
      Ruhl, J. B. (N.Y.U. Environmental Law Journal, 2008)
      Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at ...
    • Agriculture and the Environment: Three Myths, Three Themes, Three Directions 
      Ruhl, J. B. (Environs Environmental Law & Policy Journal, 2002)
      Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on ...
    • The Alien Tort Statute and Federal Common Law: A New Approach 
      Wuerth, Ingrid Brunk (Notre Dame Law Review, 2010)
      Federal courts faced with Alien Tort Statute cases have applied customary international law to some issues and federal common law to others. This binary approach is analogous in certain respects to a Bivens action, with ...
    • ALJ Final Orders on Appeal: Balancing Independence With Accountability 
      Rossi, Jim (Journal of the National Association of Administrative Law Judges, 1999)
      This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. ...
    • All or Nothing: Explaining the Size of Supreme Court Majorities 
      Edelman, Paul H.; Sherry, Suzanna (North Carolina Law Review, 2000)
      In this Article, Professors Edelman and Sherry use a probabilistic model to explore the process of coalition formation on the United States Supreme Court. They identify coalition formation as a Markov process with absorbing ...
    • All the Supreme Court Really Needs to Know It Learned from the Warren Court 
      Sherry, Suzanna (Vanderbilt Law Review, 1997)
      It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the ...