Browsing Vanderbilt Law School Faculty Works by Title

Now showing items 841-860 of 1354

    • Originalism and Summary Judgment 
      Fitzpatrick, Brian T. (Ohio State Law Journal, 2010)
      Over the last several years, the Supreme Court has revolutionized modern criminal procedure by invoking the Sixth Amendment right to a jury trial to strike down several sentencing innovations. This revolution has been led ...
    • An Originalism for Foreign Affairs 
      Wuerth, Ingrid Brunk (Saint Louis University Law Journal, 2008)
      Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage debates about originalism as a method of modern constitutional interpretation. ...
    • An Originalist Understanding of Minimalism 
      Sherry, Suzanna (Northwestern University Law Review, 1993)
      The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also ...
    • Originality's Other Path 
      Fishman, Joseph P. (California Law Review, 2021)
      Although the U.S. Supreme Court has famously spoken of a "historic kinship" between patent and copyright doctrine, the family resemblance is sometimes hard to see. One of the biggest differences between them today is how ...
    • The Origins of Felony Jury Sentencing in the United States 
      King, Nancy J., 1958- (Chicago-Kent Law Review, 2003)
      All of the states admitted to the Union by 1800 eventually abandoned capital punishment for most felonies in favor of discretionary terms of imprisonment. But of these states, only Virginia, Kentucky, and Georgia adopted ...
    • The Origins of Shared Intuitions of Justice 
      Jones, Owen D.; Robinson, Paul H.; Kurzban, Robert (Vanderbilt Law Review, 2007)
      Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to ...
    • Other Disciplines, Methodologies, and Countries: Studying Courts and Crisis 
      George, Tracey E., 1967- (Missouri Law Review, 2004)
      How do governments and their citizens respond to fear and risk in times of crisis? Dr. Lee Epstein and Professor Christina Wells, in papers presented on the final symposium panel focus in particular on the Supreme Court's ...
    • Our Unconstitutional Senate 
      Sherry, Suzanna (Constitutional Commentary, 1995)
      In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not ...
    • Outlaw Blues 
      Sherry, Suzanna (Michigan Law Review, 1989-05)
      Mark Tushnet's new book ("Red, White, and Blue: A Critical Analysis of Constitutional Law") is an example of how too many layers of theoretical detachment can obscure truly innovative scholarship. His fervent insistence ...
    • Outsourcing, Modularity, and the Theory of the Firm 
      O'Connor, Erin O'Hara, 1965-; Kirchhoefer, Gregg; Blair, Margaret M., 1950- (Brigham Young University Law Review, 2011)
      Firms have increasingly moved productive activities from within to outside the firm through outsourcing arrangements. According to some estimates, the value of outsourcing contracts has been nearly 100 billion dollars per ...
    • Overruling Erie: Nationwide Class Actions and National Common Law 
      Sherry, Suzanna (University of Pennsylvania Law Review, 2008)
      In this essay, part of a symposium on the Class Action Fairness Act, I argue that CAFA should be read as having overruled Erie Railroad Co. v. Tompkins as applied to the nationwide class actions that fall within CAFA's ...
    • Oversight Failure in Securities Markets 
      Yadav, Yesha (Cornell Law Review, 2019)
      According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect ...
    • Oversight Riders 
      Stack, Kevin M.; Vandenbergh, Michael P. (Notre Dame Law Review, 2021)
      Congress has a constitutionally critical duty to gather information about how the executive branch implements the powers Congress has granted it and the funds Congress has appropriated. Yet in recent years the executive ...
    • An Overview of the Uniform Land Transactions Act and the Uniform Simplification of Land Transfers Act 
      Bruce, Jon W. (Stetson Law Review, 1980)
      The Uniform Land Transactions Act (ULTA) and the Uniform Simplification of Land Transfers Act (USLTA) recently were approved by the National Conference of Commissioners on Uniform State Laws and recommended to the several ...
    • Ownership and control : rethinking corporate governance for the twenty-first century 
      Blair, Margaret M., 1950- (Brookings Institution, 1995)
    • Pain and Suffering: Damages in Search of a Sounder Rationale 
      Viscusi, W. Kip (Michigan Law & Policy Review, 1996)
      Compensation for non-pecuniary losses is one of the most controversial components of tort liability. Newspaper headlines routinely feature occasionally extreme awards, such as the $2.9 million award to the women who spilled ...
    • Panacea or Pandora's Box?: The Costs of Options in Negotiation 
      Guthrie, Chris (Iowa Law Review, 2003)
      The prescriptive literature on negotiation advises negotiators to generate, evaluate, and select from multiple options at the bargaining table. At first glance, this "option-generation prescription" seems unassailable. ...
    • Panarchy and the Law 
      Ruhl, J.B. (Ecology and Society, 2012)
      Panarchy theory focuses on improving theories of change in natural and social systems to improve the design of policy responses. Its central thesis is that successfully working with the dynamic forces of complex adaptive ...
    • Paradoxes of Fair Division 
      Edelman, Paul H.; Brams, Steven J.; Fishburn, Peter C. (The Journal of Philosophy, 2001)
      Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet ...
    • The Pardy-Ruhl Dialogue on Ecosystem Management, Part IV: Narrowing and Sharpening the Questions 
      Ruhl, J. B. (Pace Environmental Law Review, 2007)
      This article, fourth in a five-part dialogue appearing in the Pace ELR, further responds to Professor Bruce Pardy's critique of ecosystem management. I defend ecosystem management, arguing it does not involve the standardless, ...