Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 180-199 of 1354

    • Comparative Empiricism and Police Investigative Practices 
      Slobogin, Christopher, 1951- (North Carolina Journal of International Law & Commercial Regulation, 2011)
      In the search and seizure context, the United States is much more heavily wedded to warrants and exclusion than European countries and in the interrogation setting requires more robust warnings than most nations in Europe. ...
    • Comparing CEO Employment Contract Provisions: Differences Between Australia and the United States 
      Thomas, Randall S., 1955-; Hill, Jennifer G. (Jennifer Gae); Masulis, Ronald W. (Vanderbilt Law Review, 2011)
      The results of our comparison of U.S. and Australian contracts offer some interesting contrasts with several earlier studies that compare U.S. and U.K. CEO compensation. In those prior studies, the authors conclude that ...
    • Compensating Differentials for Gender-Specific Job Injury Risks 
      Hersch, Joni, 1956- (The American Economic Review, 1998)
      Women have largely been excluded from analyses of compensating differentials for job risk since they are predominantly employed in safer, white-collar occupations. New data reveal that their injury experience is considerable. ...
    • Compensating Differentials for Sexual Harassment 
      Hersch, Joni, 1956- (American Economic Review: Papers & Proceedings, 2011)
      This paper provides evidence of the relation between the risk of sexual harassment and wages. While one approach to detecting the effect on wages of sexual harassment would be to estimate wage equations controlling for ...
    • The Complementarity Conundrum: Are We Watching Evolution or Evisceration? 
      Newton, Michael, 1962- (Santa Clara Journal of International Law, 2010)
      The Rome Statute nowhere defines the term "complementarity, " but the plain text of Article 1 compels the conclusion that the International Criminal Court was intended to supplement the foundation of domestic punishment ...
    • Completing the Quantum of Evidence 
      Cheng, Edward K.; Bowerman, Brooke (Minnesota Law Review Headnotes, 2021)
      In Evidentiary Irony and the Incomplete Rule of Completeness, Professors Daniel Capra and Liesa Richter comprehensively catalog the many shortcomings in current Federal Rule of Evidence 106 and craft a compelling reform ...
    • Complexity Theory as a Paradigm for the Dynamical Law-and-Society System: A Wake-up Call for Legal Reductionism and the Modern Administrative State 
      Ruhl, J. B. (Duke Law Journal, 1996)
      This article is the first in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It builds the basic model of CAS and maps it onto legal systems, offering some suggestions ...
    • Condemning Religion: RLUIPA and the Politics of Eminent Domain 
      Serkin, Christopher; Tebbe, Nelson (Notre Dame Law Review, 2009)
      Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to ...
    • Condemning the Decisions of the Past 
      Serkin, Christopher (Fordham Urban Law Journal, 2011)
      This brief Essay, part of a Fordham Urban Law Journal Symposium on eminent domain in New York, argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond ...
    • Conducting a Large, Multi-Site Survey About Patients' Views on Broad Consent: Challenges and Solutions 
      Clayton, Ellen W.; Smith, Maureen E.; Sanderson, Saskia C.; Et al. (BMC Medical Research Methodology, 2016)
      As biobanks play an increasing role in the genomic research that will lead to precision medicine, input from diverse and large populations of patients in a variety of health care settings will be important in order to ...
    • Conference on Best Practices for Managing Daubert Questions 
      Cheng, Edward K. (Fordham Law Review, 2020)
      First, we like you, reject the purported divide between a legal academy and law practice observed and bemoaned by prominent American jurists like Judges Harry Edwards and Richard Posner. Elite academics like those in this ...
    • Confidentiality Is Wishful Thinking ... 
      Sherry, Suzanna (Green Bag 3d, 2017)
      Confidentiality in the tenure review process.
    • Constitutional Adjudication in Japan: Context, Structures, and Values 
      Haley, John Owen (Washington University Law Review, 2011)
      Judges in Japan share the prevailing communitarian orientation of their society, an orientation that rejects Manichean choices and moral or "scientific" absolutes, but instead relies on their collective and individual ...
    • The Constitutional Foundations of Chenery 
      Stack, Kevin M. (The Yale Law Journal, 2007)
      The Supreme Court regularly upholds federal legislation on grounds other than those stated by Congress. Likewise, an appellate court may affirm a lower court judgment even if the lower court's opinion expressed the wrong ...
    • Constitutional Isolationism and the Limits of State Separation of Powers as a Barrier to Interstate Compacts 
      Rossi, Jim, 1965- (Marquette Law Review, 2007)
      In this Essay, I address the question of which branch of state government ought to have the authority to negotiate interstate compacts - a question of state separation of powers. Recent case law interpreting state constitutions ...
    • The Constitutional Ratchet Effect 
      Stack, Kevin M. (Cornell Law Review, 2017)
      Christopher Serkin and Nelson Tebbe take an inductive and empirical approach to constitutional interpretation and elaboration. They ask whether attributes of the Constitution justify interpretive exceptionalism--that is, ...
    • Constitutional Risks to Equal Protection in the Criminal Justice System 
      Cheng, Edward K. (Harvard Law Review, 2001)
      This Note has examined the consequences of a shift in the equal protection context - a move from a traditional particularized harm perspective to a constitutional risk perspective focused on systemic harms. It has also ...
    • The Constitutionality of Federal Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure 
      Fitzpatrick, Brian T. (Virginia Law Review, 2012)
      Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal ...
    • The Constitutionality of State and Local Laws Targeting Immigrants 
      McKanders, Karla Mari (University of Arkansas at Little Rock Law Review, 2009)
      Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal ...
    • Constrained Regulatory Exit in Energy Law 
      Rossi, Jim; Wiseman, Hannah J. (Duke Law Journal, 2018)
      In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...