Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 537-556 of 1354

    • Human Health Risk Assessments for Superfund 
      Viscusi, W. Kip; Hamilton, James, 1961- (Ecology Law Quarterly, 1994)
      The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is scheduled for reauthorization in the spring of 1995, and Congress must decide either to continue the Superfund program in its current ...
    • Human Rights Beyond the War on Terrorism: Extradition Defenses Based on Prison Conditions in the United States 
      Sharfstein, Daniel J. (Santa Clara Law Review, 2002)
      The death penalty presents an issue where a clearly stated norm that is widely held by U.S. allies exists in stark contrast to U.S. practices. The war on terrorism has shone a spotlight on European refusals to extradite ...
    • I Come Not to Praise the Corporate Income Tax, But to Save It 
      Schlunk, Herwig J. (Tax Law Review, 2003)
      This Article began with a search for a theoretical underpinning that could explain the structure of the current corporate income tax regime, and found such underpinning lacking. It proposed an alternative underpinning for ...
    • The Idea of "The Criminal Justice System" 
      Mayeux, Sara (American Journal of Criminal Law, 2018)
      The phrase “the criminal justice system” is ubiquitous in discussions of criminal law, policy, and punishment in the United States — so ubiquitous that almost no one thinks to question the phrase. However, this way of ...
    • The Idea of the Criminal Justice System 
      Mayeux, Sara (American Journal of Criminal Law, 2018)
      The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the ...
    • Identity and Form 
      Clarke, Jessica A. (California Law Review, 2015)
      Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. ...
    • The Ideological Consequences of Selection 
      Fitzpatrick, Brian T. (Vanderbilt Law Review, 2017)
      One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
    • The Ideological Consequences of Selection: A Nationwide Study of the Methods of Selecting Judges 
      Fitzpatricik, Brian T. (Vanderbilt Law Review, 2017)
      One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
    • Illustrating Illegitimate Lawfare 
      Newton, Michael A., 1962- (Case Western Reserve Journal of International Law, 2010)
      Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide ...
    • The Imaginary Constitution 
      Sherry, Suzanna (Georgetown Journal of Law & Public Policy, 2019)
      How many ways can conservatives spin an originalist tale to support their deregulatory, small-government vision? The answer is apparently infinite. In a new book, Gary Lawson and Guy Seidman are the latest in a long line ...
    • Immigration and Blackness 
      McKanders, Karla (Human Rights, 2019)
      There is a long history of the intersection of immigration, race, and civil rights in America. Immigration laws have operated in a manner to maintain homogeneity to the exclusion of immigrants of color. Immigration laws ...
    • Immigration and Racial Justice: Enforcing the Borders of Blackness 
      McKanders, Karla (Georgia State University Law Review, 2021)
      Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking ...
    • Immigration Enforcement and the Fugitive Slave Acts 
      McKanders, Karla Mari (Catholic University Law Review, 2012)
      Two seemingly different federal enforcement systems that affect the movement of unskilled workers — the 1793 and 1850 Fugitive Slave Acts and current state immigration enforcement policies — have remarkable similarities. ...
    • The Impact of Environmental Liabilities on Privatization in Central and Eastern Europe: A Case Study of Poland 
      Thomas, Randall S., 1955- (University of California at Davis Law Review, 1994)
      The Central and Eastern Europe (CEE) countries are breaking up their centrally planned economies at a record pace by selling formerly state-owned industrial enterprises to private sector investors. Privatization is expected ...
    • The Impact of Nonmarket Work on Market Wages 
      Hersch, Joni, 1956- (American Economic Review: Papers and Proceedings, 1991)
    • The Impact of Occupational Safety and Health Regulation, 1973-1983 
      Viscusi, W. Kip (Rand Journal of Economics, 1986)
      Using a sample of manufacturing industries from 1973 to 1983, this article reexamines OSHA's impact on workplace safety. Evidence supporting OSHA's effectiveness is stronger than that presented in most previous studies ...
    • The Impact of the Impact Bias on Negotiation 
      Guthrie, Chris; Sally, David (Marquette Law Review, 2004)
      The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption ...
    • Implementing the New Ecosystem Services Mandate of the Section 404 Compensatory Mitigation Program--A Catalyst for Advancing Science and Policy 
      Ruhl, J. B.; Salzman, James; Goodman, Iris (Stetson Law Review, 2009)
      On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts ...
    • The Implications of Prison Privatization on the Conduct of Prisoner Litigation Under 42 U.S.C. Section 1983 
      Kay, Susan L.; Kay, Susan L. (Vanderbilt Law Review, 1987)
      Prisoners often seek redress in federal courts through causes of action brought under 42 U.S.C. Section 1983 for violations of their constitutional rights caused by the overall condition of their confinement or by one ...
    • Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress 
      Sherry, Suzanna; Heald, Paul J., 1959- (University of Illinois Law Review, 2000)
      Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins ...