Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 1113-1132 of 1354

    • The Shaky Political Economy Foundation of a National Renewable Electricity Requirement 
      Rossi, Jim, 1965- (University of Illinois Law Review, 2011)
      This Article argues that a national renewable portfolio standard (RPS) for electric power is not likely to advance its purported goals, nor is it likely to be adopted by Congress in its present proposed form. For one, a ...
    • Shareholder Voting in an Age of Intermediary Capitalism 
      Edelman, Paul H.; Thomas, Randall S., 1955-; Thompson, Robert B., 1949- (Southern California Law Review, 2014)
      Shareholder voting is a key part of contemporary American corporate governance. As numerous contemporary battles between corporate management and shareholders illustrate, voting has never been more important. Yet, traditional ...
    • Shareholder Voting in an Age of Intermediary Capitalism 
      Edelman, Paul H.; Thomas, Randall S.; Thompson, Robert B. (Southern California Law Review, 2014)
      Shareholder voting is a key part of contemporary American corporate governance. As numerous contemporary battles between corporate management and shareholders illustrate, voting has never been more important. Yet, traditional ...
    • Shareholder Voting in Proxy Contests for Corporate Control, Uncontested Director Elections and Management Proposals 
      Thomas, Randall S.; Tricker, Patrick C. (Oklahoma Law Review, 2017)
      This paper surveys the empirical literature on shareholder voting, specifically on votes related to contested and uncontested director elections and on management proposals. While much of current theory depicts shareholder ...
    • Sharkfests and Databases 
      King, Nancy J.; Levine, Kay L.; Wright, Ronald F.; Miller, Marc L. (Texas A&M Law Review, 2019)
      The stock image of a plea negotiation in a criminal case depicts two lawyers in frayed business suits, meeting one-on-one in a dim corner of a courtroom lobby. The defendant is somewhere nearby, ready to receive information ...
    • The Shifting Tides of Merger Litigation 
      Thomas, Randall S.; Cain, Matthew D.; Fisch, Jill; Solomon, Steven Davidoff (Vanderbilt Law Review, 2018)
      In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception that levels of merger litigation were too high and that a substantial ...
    • Should Directors Reduce Executive Pay? 
      Thomas, Randall S., 1955- (Hastings Law Journal, 2003)
      This paper examines internal pay disparities in American public corporations and argues that wide gaps between the top and bottom of the pay scale can, in certain circumstances, directly and adversely affect firm value, ...
    • Should Judges Do Independent Research on Scientific Issues? 
      Cheng, Edward K. (Judicature, 2006)
      Judges are deeply divided about the issue of independent research, which goes to the heart of their roles and responsibilities in the legal system. To many judges, doing independent research when confronted with new and ...
    • Should Labor be Allowed to Make Shareholder Proposals? 
      Thomas, Randall S., 1955-; Martin, Kenneth J. (Washington Law Review, 1998)
      In this Article, we investigate whether labor unions and related entities should be permitted to continue to make shareholder proposals using Rule 14a-8 of the federal securities laws. We focus on the claim that labor is ...
    • Should New Zealand Adopt Say on Pay? 
      Thomas, Randall S., 1955-; Watson, Susan, 1963- (New Zealand Business Law Quarterly, 2013)
      Around the globe, the latest fashion in corporate governance circles is "Say on Pay," a shareholder vote – sometimes precatory, other times mandatory – on CEO remuneration. Country after country has adopted Say on Pay in ...
    • Silencing Nullification Advocacy Inside the Jury Room and Outside the Courtroom 
      King, Nancy J., 1958- (University of Chicago Law Review, 1998)
      Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification ...
    • A Simpler Approach to Finance Reform 
      Ricks, Morgan (Regulation, 2013)
      There is a growing consensus that new financial reform legislation may be in order. The Dodd-Frank Act of 2010, while well-intended, is now widely viewed to be at best insufficient, at worst a costly misfire. Members of ...
    • A Simpler Approach to Financial Reform 
      Ricks, Morgan (Regulation, 2014)
      This article proposes a unified regulatory approach to the issuance of “money-claims” – a generic term that refers to fixed-principal, very short-term IOUs, excluding trade credit. The instability of this market is arguably ...
    • Simplicial Complexes Obtained from Qualitative Probability Orders 
      Edelman, Paul H.; Gvozdeva, Tatiana; Slinko, A.M. (Arkadii M.) (Journal of Discrete Mathematics, 2013)
      The goal of this paper is to introduce a new class of simplicial complexes that naturally generalize the threshold complexes. These will be derived from qualitative probability orders on subsets of a finite set that ...
    • Siting Transmission Lines in a Changed Milieu: Evolving Notions of the "Public Interest" In Balancing State and Regional Considerations 
      Rossi, Jim, 1965-; Brown, Ashley C., 1946- (University of Colorado Law Review, 2010)
      This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines to serve renewable resources, and how states could approach its evolution in order to preserve a ...
    • Six Degrees of Cass Sunstein 
      Edelman, Paul H.; George, Tracey E., 1967- (Green Bag 2d, 2007)
      Degrees of separation is a concept that is intuitive and appealing in popular culture as well as academic discourse: It tells us something about the connectedness of a particular field. It also reveals paths of influence ...
    • Skin Color Discrimination and Immigrant Pay 
      Hersch, Joni, 1956- (Emory Law Journalwww.law.emory.edu/elj, 2008)
      In "Profiling the New Immigrant Worker: The Effects of Skin Color and Height," (Journal of Labor Economics 2008), I present strong evidence of a wage penalty to darker skin color among new legal immigrants to the United ...
    • Skin-Tone Effects among African Americans: Perceptions and Reality 
      Hersch, Joni, 1956- (American Economic Review: Papers and Proceedings, 2006)
      It is commonly assumed that lighter skinned African Americans receive preferential treatment over darker skinned counterparts. Using individual data from three sources, this paper examines the influence of skin tone on ...
    • The Sleep of Reason 
      Sherry, Suzanna (Georgetown Law Journal, 1996)
      A very strange thing is happening in legal academia. The left and the right have joined forces, and the center is under attack. What makes this so unusual is that law has traditionally been a field of centrists. The common ...
    • Slipping Away from Justice: the Effect of Attorney Skill on Trial Outcomes 
      Shinall, Jennifer B. (Vanderbilt Law Review, 2010)
      Just how important is a good attorney? Can a skillful attorney actually change the verdict? More importantly, in criminal trials, can a good defense attorney let guilty people go free, or can a good prosecutor send innocent ...