Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 827-846 of 1354
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(Washington Law Review, 2002)This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing ...
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(Journal of Legal Studies, 2002)There has been a spate of interest in the application of the Condorcet Jury Theorem to issues in the law. This theorem holds that a majority vote among a suitably large body of voters, all of whom are more likely than not ...
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(Vanderbilt Law Review, 2009)Using the conflict over medical marijuana as a timely case study, this Article explores the overlooked and underappreciated power of states to legalize conduct Congress bans. Though Congress has banned marijuana outright, ...
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(Michigan Law Review, 2000)This essay discusses the legal implications of bio-behavioral underpinnings to norms, morality, and economic order. It first discusses the recent book "The Great Disruption: Human Nature and the Reconstitution of Social ...
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(Marquette Lawyer Magazine, 2014)On November 18, 2013, Nancy J. King, the Lee S. and Charles A. Speir Professor at Vanderbilt Law School, delivered Marquette Law School’s annual George and Margaret Barrock Lecture in Criminal Law. This is an abridgment ...
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(Columbia Law Review, 2011)Parties frequently seek exemption from regulation on the ground that they contribute only a very small share to a problem. These one percent arguments are not inherently questionable; it can be efficient to exclude relatively ...
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(Toledo Law Review, 1991)In "Cottage Savings Association v. Commissioner" the Sixth Circuit delves into a little known aspect of the savings and loan crisis -- the attempt by the Federal Home Loan Bank Board to use the Internal Revenue Code ("Code") ...
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(The Ohio State Journal on Dispute Resolution, 1994)When two litigants resolve a dispute through out-of-court settlement rather than trial, they realize joint gains of trade equal to the sum of the costs both parties would have incurred had they obtained a trial judgment ...
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(Judicature, 2008)In accord with traditions celebrating the generalist judge, the federal judiciary has consistently resisted proposals for specialized courts. Outward support for specialization, if it exists at all, is confined to narrow ...
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(Vanderbilt Law Review, 2000)This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international ...
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(Northwestern University Law Review, 2005)This Article tackles a leading problem confronting norms theorists and regulators: how can the law induce changes in behavior when the material costs to the individual outweigh the benefits and there is no close-knit ...
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(Vanderbilt Law Review, 2011)This Article examines the conduct of BP executives in the weeks following the Deepwater Horizon oil spill to illuminate the use of apology by organizations. After briefly describing the value of apology and its nuances ...
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(Vanderbilt Law Review, 2017)What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational law — the law of partnerships, corporations, private trusts, and their variants ...
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(Northwestern University Law Review, 1990)Approximately one-third of Robert Bork's new book, "The Tempting of America," is devoted to attacking "the bloody crossroads" that were his confirmation hearings. A careful reading of the book as a whole, however, serves ...
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(Ohio State Law Journal, 2010)Over the last several years, the Supreme Court has revolutionized modern criminal procedure by invoking the Sixth Amendment right to a jury trial to strike down several sentencing innovations. This revolution has been led ...
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(Saint Louis University Law Journal, 2008)Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage debates about originalism as a method of modern constitutional interpretation. ...
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(Northwestern University Law Review, 1993)The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also ...
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(California Law Review, 2021)Although the U.S. Supreme Court has famously spoken of a "historic kinship" between patent and copyright doctrine, the family resemblance is sometimes hard to see. One of the biggest differences between them today is how ...
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(Chicago-Kent Law Review, 2003)All of the states admitted to the Union by 1800 eventually abandoned capital punishment for most felonies in favor of discretionary terms of imprisonment. But of these states, only Virginia, Kentucky, and Georgia adopted ...
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(Vanderbilt Law Review, 2007)Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to ...