Browsing by Title
Now showing items 910-929 of 1753
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(Vanderbilt University, 2009-09-21)
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(Vanderbilt University, 2009-10-19)
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(Vanderbilt University, 2009-11-16)
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(Journal of Legal Education, 2002)For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a ...
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(Vanderbilt University, 2014-04-15)*Overlord* by Jorie Graham requires a theoretical paradigm which can account for the Overlord within it; this paradigm, I will argue, is Jacques Derrida’s différance. Just as différance produces an endless chain of violent ...
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(2015-01-15)
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(2013-11-01)
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(Wake Forest L. Rev., 2003)For forty years, legal academics have been lost in a wilderness born of the countermajoritarian difficulty. Despite a two-century pedigree, we are still arguing about the legitimacy of judicial review and asking whether ...
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(Judicature, 2002)The institutional legitmacy of the judiciary depends on the quality of the judgments that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public expects judges to avoid ...
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(Notre Dame Law Review, 1999)One little-noticed side effect of the litigation explosion in this country is the exponential growth of federal doctrines designed to simplify complex litigation. Many of these doctrines have been created and applied largely ...
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(Ohio State Law Journal, 2003)Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest the answer is yes. The Constitution provides for life tenure and a difficult removal process for federal judges that ...
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(Georgia State University Law Review, 1998)I begin with a question: why have a conference on judicial independence? To find the answer, one need only read the newspapers. Judicial independence-as well as its political counterpart, judicial impeachment-is a hot topic ...
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(George Mason Law Review, 2015)This Article evaluates judicial review of agency benefit-cost analysis ("BCA") by examining a substantial sample of thirty-eight judicial decisions on agency actions that implicate BCA. Essentially, the Administrative ...
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(New York University Law Review, 2004)This Article contends that the current law governing judicial review of agency inaction, though consistent with the prevailing theory of agency legitimacy, is inconsistent with the founding principles of the administrative ...
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(Judicature, 2021)Judicial temperament is something we think all judges must have: We assess it at all critical junctures of a judge’s career. At the same time, judicial temperament is something no one can quite put a finger on. Most often, ...
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(Vanderbilt University, 2005-06-06)
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(DePaul Law Review, 2002)Richard Lempert, a Professor of Law and Sociology at the University of Michigan criticized our recent article on judge and jury performance of a punitive damage judgment task, calling it a "failure of a social science case ...
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(Chicago Journal of International Law, 2002)Recent US court enforcement of foreign forum-selection clauses is durable only to the extent that the clauses make the contracts more valuable to the parties. The clauses can create value by making dispute resolution ...
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(Michigan Law Review, 1996)This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. ...
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(Journal of Legal Studies, 2001)A sample of almost 500 jury-eligible citizens considered a series of experimental situations involving accidents. The juror sample did not properly apply negligence rules, as their errors were particularly great for ...