Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 701-720 of 1354
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(West Virginia Law Review, 2018)Substance use disorders, which afflict nearly 8% of the U.S. population, exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999. In 2013 alone, the epidemic ...
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(West Virginia Law Review, 2018)This essay focuses on legal strategies to expand employment and entrepreneurship opportunities for persons in recovery. The topic is vital because economic wellbeing contributes to "recovery capital" - the internal and ...
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(American Law and Economics Review, 2005)Parties who make investments that generate externalities may sometimes recover from the beneficiaries, even in the absence of contract. Previous scholarship has shown that granting recovery, based on either the cost of ...
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(Michigan Law Review, 2007)Professors Bressman and Vandenbergh respond to the comments of Sally Katzen on their article presenting and analyzing results from an empirical study of the top political appointees at the Enviromental Protection Agency ...
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(Alabama Law Review, 2016)Eradicating discrimination is a lofty goal, ard since the second half of the twentieth century, the United States has largely relied upon the legal system to achieve this goal. Yet a great deal of scholarship suggests ...
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(Southern California Law Review, 2014)The adversarial system as it is implemented in the United States is a significant cause of wrongful convictions, wrongful acquittals and “wrongful” sentences. Empirical evidence suggests that a hybrid inquisitorial regime ...
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(Harvard Environmental Law Review, 1995)This Article examines the political and procedural history of the EPAct in order to arrive at some general lessons and recommendations regarding congressional formation of energy policy. At least two commentators on the ...
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Lessons from the Turn of the Twentieth Century for First-Year Courses on Legislation and Regulation (Journal of Legal Education, 2015)This essay — part of a special journal issue on Legislation and Regulation and Regulatory State courses as core elements of the law school curriculum — approaches the debate over adopting these courses by looking back to ...
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(St. John's Law Review, 1998)Thirty years ago, "Terry v. Ohio" established a conceptual framework for the Fourth Amendment that makes more sense than any alternative the courts or commentators have come up with since. That frame-work, which I call ...
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(Stanford Law Review, 2005)This article presents the results of an empirical investigation of the frequency with which financial institutions submit claims in settled securities class actions. We combine an empirical study of a large set of settlements ...
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(2007)As construed by the Supreme Court, the Fourth Amendment's reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects-and virtually nothing else. This essay is primarily ...
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(Green Bag 2D, 2013)I am honored and humbled by the breadth and depth of the responses to my essay on judicial activism, including Richard Epstein's very generous introduction. Each of the contributors has packed a tremendous amount of insight ...
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(Harvard Blackletter Law Journal, 2000)This Article examines data on public opinion to determine what criteria the public favors in making difficult admissions decisions. Obviously, notions of merit 2 are central to resolving this complicated issue. The data ...
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(Virginia Tax Review, 2006)Under current tax law, there can be considerable period-by-period divergence between a taxpayer's after-tax income and her desired or actual consumption. This divergence will cause the taxpayer to borrow. One can view such ...
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(William & Mary Law Review, 2019)Is there a constitutional right to compete in an occupation? The “right to earn a living” movement, gaining steam in policy circles and winning some battles in the lower courts, says so. Advocates for this right say that ...
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(Connecticut Law Review, 2010)In this Commentary Article, Professor Rossi highlights some of the distributional and operational problems presented by a national renewable portfolio standard ("RPS") in electric power. He also offers several solutions ...
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(Washington University Law Quarterly, 2001)This paper is an empirical analysis of plaintiffs' success rates in executive compensation litigation. Using data from publicly available files, this study examines a sample of 124 cases where shareholders have challenged ...
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(Texas Law Review, 2002)Optimal commodity tax methodology has been proposed as a way of making difficult line drawing decisions in the income tax. This paper explores some practical difficulties with the approach, and concludes that in one area ...
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(Columbia Law Review, 2007)This Article proposes that local governments should be able to decide for themselves how to protect private property, and then be held to that choice as if it were a local constitutional pre-commitment. Specifically, the ...
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(Yale Journal of International Law, 2010)This Article considers the extent to which there may be an international interest in how intranational disputes over cultural property are settled. Drawing on the norms underlying recent global scrutiny of states’ destruction ...