Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 1093-1112 of 1354

    • The Secret History of Race in the United States 
      Sharfstein, Daniel J. (Yale Law Journal, 2003)
      "Spencer v. Looney" was one of dozens of cases decided in the eras of slavery and segregation that hinged on the question of whether a plaintiff or defendant was white or black. During the past decade, legal historians ...
    • Secrets, Lies, and Lessons from the Theranos Scandal 
      Rogal, Lauren (Hastings Law Journal, 2021)
      Theranos, Inc., the unicorn startup blood-testing corporation, was ultimately laid low by a former employee whistleblower. The experience of that whistleblower during and after her employment illuminates detrimental secrecy ...
    • Section 7(a)(1) of the "New" Endangered Species Act: Rediscovering and Redefining the Untapped Power of Federal Agencies' Duty to Conserve Species 
      Ruhl, J. B. (Environmental Law, 1995)
      This article probes the history, meaning, and potential applications of section 7(a)(1) of the Endangered Species Act, which by its terms imposes a "duty to conserve" on all federal agencies. The article examines how ...
    • Seeking Genomic Knowledge: The Case for Clinical Restraint 
      Clayton, Ellen Wright; Burke, Wylie; Trinidad, Susan Brown (Hastings Law Journal, 2013)
      Genome sequencing technology provides new and promising tests for clinical practice, including whole genome sequencing, which measures an individual's complete DNA sequence, and whole exome sequencing, which measures the ...
    • Selectica Resets the Trigger on the Poison Pill: Where Should the Delaware Courts Go Next? 
      Edelman, Paul H.; Thomas, Randall S., 1955- (Indiana Law Journal, 2012)
      Since their invention in 1982, shareholder rights plans have been the subject of intense controversy. Rights plans, or as they are known more pejoratively “poison pills,” enable a target board to “poison” a takeover attempt ...
    • Selective Judicial Activism 
      Sherry, Suzanna (Georgetown Journal of Law & Public Policy, 2016)
      This Essay, written for a symposium asking “Is the Rational Basis Test Unconstitutional?,” defends the bifurcated-scrutiny approach of Carolene Products and its famous footnote four. A growing cadre of conservative and ...
    • Selective Judicial Activism in the Equal Protection Context: Democracy, Distrust, and Deconstruction 
      Sherry, Suzanna (Georgetown Law Journal, 1984)
      The equal protection clause, ambiguous in its language and its history,' has over the last three decades been transformed from the "last resort of constitutional arguments' into a significant force in shaping the American ...
    • "Sell's" Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication 
      Slobogin, Christopher, 1951- (Washington University Law Review, 2012)
      The Supreme Court's 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal defendant to restore competency to stand trial "may be rare." Experience ...
    • Sentencing and Prior Convictions: The Past, the Future, and the End of the Prior-Conviction Exception to Apprendi 
      King, Nancy J., 1958- (Marquette Law Review, 2014)
      This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat ...
    • Separated by a Common Language? 
      Yadav, Yesha (Rutgers Computer & Technology Law Journal, 2009)
      This paper examines recent controversies in the legal and policy debate between the U.S. and the EU on the sharing of data in the implementation of transatlantic counter-terrorism measures. The nexus between law and policy ...
    • Separation of Powers: Asking a Different Question 
      Sherry, Suzanna (Williamn and Mary Law Review, 1989)
      What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I ...
    • Serendipity 
      Seymore, Sean B., 1971- (North Carolina Law Review, 2009)
      Serendipity, the process of finding something of value initially unsought, has played a prominent role in modern science and technology. These "happy accidents" have spawned new fields of science, broken intellectual and ...
    • Service Pays: Creating Opportunities by Linking College with Public Service 
      Sitaraman, Ganesh; Warren, Elizabeth; Baum, Sandy (Sandra R.) (Harvard Law & Policy Review, 2007)
      If college is to be the gateway to security and success, then a new financing mechanism is essential, one that lets students take responsibility for the cost of their own educations without burdening their families unduly, ...
    • Setting an Agenda for the Study of Tax and Black Culture 
      Moran, Beverly I. (UALR Law Review, 1999)
      At present the Internal Revenue Code unthinkingly reflects many aspects of white culture including historical opportunities that whites have received for wealth building and marriage. In order for the federal tax laws to ...
    • Settling in the Shadow of Sex 
      Shinall, Jennifer B. (Cardozo Law Review, 2019)
      Divorce has a long history of economically disempowering women. From the time of coverture to the era of modern divorce reform, women have been persistently disadvantaged by divorce relative to men. Family law scholars ...
    • The Seven Degrees of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy? 
      Ruhl, J. B. (Duke Environmental Law & Policy Forum, 1998)
      This article explores the evolution of the concept of "sustainable development" through what I suggest are the "seven degrees" of relevance of legal conceptualizations: (1) translation of concept into norm; (2) uncontestability ...
    • Sex Differences in Worker Quitting 
      Viscusi, W. Kip (The Review of Economics and Statistics, 1980)
      Although women quit more both overall and within major occupational groups than do men, this observation is not particularly informative due to the substantial heterogeneity of worker characteristics and job characteristics. ...
    • Sex Discrimination in the Labor Market 
      Hersch, Joni, 1956- (Foundations and Trends in Microeconomics, 2006)
      This paper examines sources of gender pay disparity and the factors that contribute to this pay gap. Many researchers question the role of discrimination and instead attribute the residual pay gap to gender differences in ...
    • Sex Selection: Regulating Technology Enabling the Predetermination of a Child's Gender 
      Jones, Owen D. (Harvard Journal of Law & Technology, 1992)
      The debate over the prohibition of sex (or gender) selection (also known as "preselection" or "predetermination"), has focused almost exclusively on the context of aborting a "wrong-sex" fetus after a fetal gender-identification ...
    • Sex, Culture, and the Biology of Rape 
      Jones, Owen D. (California Law Review, 1999)
      For all that has been written about rape, its multiple causes remain insufficiently understood for law to deter it effectively. This follows, in part, from inadequately interdisciplinary study of rape causation. This Article ...