Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 846-865 of 1354

    • The Origins of Shared Intuitions of Justice 
      Jones, Owen D.; Robinson, Paul H.; Kurzban, Robert (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 ...
    • Other Disciplines, Methodologies, and Countries: Studying Courts and Crisis 
      George, Tracey E., 1967- (Missouri Law Review, 2004)
      How do governments and their citizens respond to fear and risk in times of crisis? Dr. Lee Epstein and Professor Christina Wells, in papers presented on the final symposium panel focus in particular on the Supreme Court's ...
    • Our Unconstitutional Senate 
      Sherry, Suzanna (Constitutional Commentary, 1995)
      In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not ...
    • Outlaw Blues 
      Sherry, Suzanna (Michigan Law Review, 1989-05)
      Mark Tushnet's new book ("Red, White, and Blue: A Critical Analysis of Constitutional Law") is an example of how too many layers of theoretical detachment can obscure truly innovative scholarship. His fervent insistence ...
    • Outsourcing, Modularity, and the Theory of the Firm 
      O'Connor, Erin O'Hara, 1965-; Kirchhoefer, Gregg; Blair, Margaret M., 1950- (Brigham Young University Law Review, 2011)
      Firms have increasingly moved productive activities from within to outside the firm through outsourcing arrangements. According to some estimates, the value of outsourcing contracts has been nearly 100 billion dollars per ...
    • Overruling Erie: Nationwide Class Actions and National Common Law 
      Sherry, Suzanna (University of Pennsylvania Law Review, 2008)
      In this essay, part of a symposium on the Class Action Fairness Act, I argue that CAFA should be read as having overruled Erie Railroad Co. v. Tompkins as applied to the nationwide class actions that fall within CAFA's ...
    • Oversight Failure in Securities Markets 
      Yadav, Yesha (Cornell Law Review, 2019)
      According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect ...
    • Oversight Riders 
      Stack, Kevin M.; Vandenbergh, Michael P. (Notre Dame Law Review, 2021)
      Congress has a constitutionally critical duty to gather information about how the executive branch implements the powers Congress has granted it and the funds Congress has appropriated. Yet in recent years the executive ...
    • An Overview of the Uniform Land Transactions Act and the Uniform Simplification of Land Transfers Act 
      Bruce, Jon W. (Stetson Law Review, 1980)
      The Uniform Land Transactions Act (ULTA) and the Uniform Simplification of Land Transfers Act (USLTA) recently were approved by the National Conference of Commissioners on Uniform State Laws and recommended to the several ...
    • Ownership and control : rethinking corporate governance for the twenty-first century 
      Blair, Margaret M., 1950- (Brookings Institution, 1995)
    • Pain and Suffering: Damages in Search of a Sounder Rationale 
      Viscusi, W. Kip (Michigan Law & Policy Review, 1996)
      Compensation for non-pecuniary losses is one of the most controversial components of tort liability. Newspaper headlines routinely feature occasionally extreme awards, such as the $2.9 million award to the women who spilled ...
    • Panacea or Pandora's Box?: The Costs of Options in Negotiation 
      Guthrie, Chris (Iowa Law Review, 2003)
      The prescriptive literature on negotiation advises negotiators to generate, evaluate, and select from multiple options at the bargaining table. At first glance, this "option-generation prescription" seems unassailable. ...
    • Panarchy and the Law 
      Ruhl, J.B. (Ecology and Society, 2012)
      Panarchy theory focuses on improving theories of change in natural and social systems to improve the design of policy responses. Its central thesis is that successfully working with the dynamic forces of complex adaptive ...
    • Paradoxes of Fair Division 
      Edelman, Paul H.; Brams, Steven J.; Fishburn, Peter C. (The Journal of Philosophy, 2001)
      Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet ...
    • The Pardy-Ruhl Dialogue on Ecosystem Management, Part IV: Narrowing and Sharpening the Questions 
      Ruhl, J. B. (Pace Environmental Law Review, 2007)
      This article, fourth in a five-part dialogue appearing in the Pace ELR, further responds to Professor Bruce Pardy's critique of ecosystem management. I defend ecosystem management, arguing it does not involve the standardless, ...
    • The Pariah Principle 
      Sherry, Suzanna; Farber, Daniel A., 1950- (Constitutional Commentary, 1996)
      The Supreme Court's recent decision in Romer v. Evans' has caused both joy and consternation. Among legal scholars, however, it has mostly engendered puzzlement. The Court explicitly avoided the most doctrinally plausible ...
    • Parole, in "Eighteenth Annual Review of Criminal Procedure: United States Supreme Court and Court of Appeals, 1987-88" 
      O'Connor, Erin O'Hara, 1965- (Georgetown Law Journal, 1989)
      The purpose of parole is to integrate prisoners into society by allowing them to serve a portion of their sentences outside prison. While on parole, the parolee is subject to the continuing supervision of a parole or ...
    • Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment 
      Jones, Owen D.; Ginther, Matthew R.; Bonnie, Richard J.; Hoffman, Morris B.; Shen, Francis X.; Simons, Kenneth W.; Marois, Rene (The Journal of Neuroscience, 2016)
      The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. ...
    • Participation Run Amok: The Costs of Mass Participation for Deliberative Agency Decisionmaking 
      Rossi, Jim, 1965- (Northwestern University Law Review, 1997)
      This Article addresses the implications of broad-based participatory reforms for administrative process, with a particular focus on how participation reveals itself in different political-theoretic models of agency governance. ...
    • A "Party Satisfaction" Perspective on a Comprehensive Mediation Statute 
      Guthrie, Chris; Levin, James (Ohio State Journal on Dispute Resolution, 1998)
      During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation ...