Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 906-925 of 1354
-
(Cumberland Law Review, 1999)The settlement of the Attorney Generals' suits against the cigarette industry for $206 billion was a landmark outcome. By any standard, the financial stakes were enormous, dwarfing eventhe largest tort liability judgments ...
-
(University of Cincinnati Law Review, 2021)Could the President legalize marijuana, without waiting for Congress to act? The 2020 Presidential Election showed that this question is far from hypothetical. Seeking to capitalize on frustration with the slow pace of ...
-
(Florida Law Review, 2003)This essay, written for the Sixth Annual LatCrit conference, explores the subterranean motifs of current rules regulating searches and seizures by the police. More specifically, it investigates whether and to what extent ...
-
(Harvard International Law Journal, 2010)Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial ...
-
(Journal of Law, Economics, and Policy, 2013)As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie ...
-
(Journal of law, Economics and Policy, 2013)As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie ...
-
(Columbia Law Review, 2009)The "reference class problem" is a serious challenge to the use of statistical evidence that arguably arises every day in wide variety of cases, including toxic torts, property valuation, and even drug smuggling. At its ...
-
(Yale Law Journal, 1996)The United States Supreme Court's connection to the ideal of the rule of law is often taken to be the principal basis of the Court's political legitimacy. In the Supreme Court's practices, however, the ideal of the rule ...
-
(American University Law Review, 2020)Should arbitrators consider authority--such as statutes or case law-external to the collective bargaining agreement when deciding labor grievances? Do they rely on such external authority? If so, do they do so in particular ...
-
(Proceedings of the National Academy of Sciences, 2017-03-21)Criminal convictions require proof that a prohibited act was performed in a statutorily specified mental state. Different legal consequences, including greater punishments, are mandated for those who act in a state of ...
-
(Harvard Law Review, 2009)Enthusiasm for "many minds" arguments has infected legal academia. Scholars now champion the virtues of groupthink, something once thought to have only vices. It turns out that groups often outperform individuals in ...
-
(Michigan Law Review, 2013)The doctrine treating federal preemption of state law has been plagued by uncertainty and confusion. Part of the problem is that courts purport to interpret congressional intent when often Congress has never considered the ...
-
(Journal of Health Care Law & Policy, 2013)States are conducting increasingly bold experiments with their marijuana laws, but questions linger over their authority to deviate from the federal Controlled Substances Act. The CSA bans marijuana outright, and commentators ...
-
(Minnesota Law Review, 2018)Using the findings generated by this first empirical overview of pregnancy in the labor market, this Article will argue that remedying pregnancy discrimination must become a more urgent priority for civil rights advocates ...
-
(Minnesota Law Review, 2018)It is difficult to know what to expect when you are expecting, particularly in the workplace. A woman may be delighted to share the news of her pregnancy with friends and family, yet approaching that same discussion with ...
-
(Columbia Law Review, 2019)In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that ...
-
(Nebraska Law Review, 2004)....what I examine here is whether scientific-style peer review, depending on how it is dosed out, could be counterproductive for environmental law.The use of peer review as a component of regulatory procedure has not ...
-
The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War (Northwestern University Law Review, 2004)This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern ...
-
(Columbia Law Review, 2006)When does a statute grant powers to the President as opposed to other officials? Prominent theories of presidential power argue or assume that any statute granting authority to an executive officer also implicitly confers ...
-
(Duke Law Journal, 2018)The flow of executive orders, presidential memoranda, proclamations, determinations, executive agreements, national security directives, signing statements and other pronouncements emanating from the early days of every ...