Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 916-935 of 1354
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(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 ...
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(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 ...
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(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 ...
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(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 ...
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(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 ...
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(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 ...
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(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 ...
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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 ...
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(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 ...
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(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 ...
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(Natural Resources & Environment, 2016)TOn November 3, 2015, President Obama issued a Presidential Memorandum aimed at unifying the mitigation practice and policy for activities carried out and approved by the Departments of Defense, Interior, and Agriculture, ...
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(Minnesota Law Review, 2013)When the Framers of the United States Constitution granted Congress the authority to create a patent system, they certainty did not envision a patent as an a priori entitlement. As it stands now, anyone who files a patent ...
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(Wake Forest Law Review, 2021)A number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would ...
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(San Diego Law Review, 2011)Among modern-day legal academics determinate sentencing and limiting retributivism tend to be preferred over indeterminate sentencing, at least in part because the latter option is viewed as immoral. This Article contends ...
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(Wisconsin Law Review, 1999)The traditional juvenile court, focused on rehabilitation and "childsaving," was premised primarily on a parens patriae notion of State power. " Because of juveniles' immaturity and greater treatability, this theory posited, ...
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(UCLA Law Review, 1999)In this Article, Professor Nancy King develops an approach for determining when judges should block the efforts of criminal litigants to bypass constitutional and statutory requirements other than those already traded ...
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(Vanderbilt Law Review, 2015)The value of a statistical life (VSL) is the most influential single parameter used in calculating the benefits of governmental regulations. While there are some inter-agency differences, there is a commonality in the ...
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(Marquette Law Review, 2004)Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the ...
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(Ohio State Journal of Criminal Law, 2018)Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid ...
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(Akron Law Review, 2007)Would-be infringers target university patents because faculty inventors are more likely to make inadvertent disclosures than industrial inventors, possibly because of the importance of quick disclosure and publishing in ...