Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 346-365 of 1354
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(Vanderbilt Law Review, 2015)Employment contracts for most employees are not publicly available, leaving researchers to speculate on whether they contain post-employment restrictions on employee mobility, and if so, what those provisions look like. ...
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An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as Usual? (Florida Law Review, 2012)While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces ...
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(Journal of Legal Studies, 2007)The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic losses and reasonable attorney fees. Using a large sample of closed individual ...
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(Journal of Legal Studies, 2007)The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic Losses and reasonable attorney fees. Using a Large sample of closed individual ...
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(New Criminal Law Review, 2014)This essay is a response to an article by Paul Robinson, Joshua Barton, and Matthew Lister in this issue of New Criminal Law Review that criticizes an article I authored with Lauren Brinkley-Rubinstein entitled Putting ...
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(Florida State University Law Review, 1999)The sudden, rapid, and widespread increase in the number of specialized law reviews has attracted relatively little scholarly attention even though it is the most significant development in legal academic publishing in ...
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(Iowa Law Review, 1991)Since the Supreme Court held the prohibition of lawyer advertising unconstitutional in Bates v. State Bar of Arizonal American lawyers have engaged in heated debate over the appropriateness of advertising for their profession. ...
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(Florida State University Law Review, 2005)Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them ...
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(Indiana Law Journal, 2006)Empirical legal scholarship is arguably the most significant emerging intellectual movement. Empirical legal scholarship (ELS), as the term is generally used in law schools, refers to a specific type of empirical research: ...
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(Michigan Journal of International Law, 2001)This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American ...
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(Onati Socio-Legal Series, 2019)The empirical study of judicial emotion has enormous but largely untapped potential to illuminate a previously underexplored aspect of judging, its processes, outputs, and impacts. After defining judicial emotion, this ...
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(Law & Inequality, 1990)Many of you have seen or heard in the media much discussion about last term's employment discrimination cases. Indeed, last term there was an extraordinary amount of activity in the Supreme Court on employment discrimination. ...
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(Cornell Law Review, 2021)Many businesses purchase Employment Practices Liability Insurance (EPLI), a form of insurance that protects them from claims of discrimination, harassment, retaliation, and wrongful termination. But critics of EPLI argue ...
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(Northwestern Journal of Technology and Intellectual Property, 2008)Possibly in response to criticisms that the U.S. patent system affords too much legal protection to patent owners, the courts have begun to chip away at patent rights. Curiously enough, the Supreme Court has heard a ...
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(Iowa Law Review, 2019)This Article argues that the principle relied upon in King v. Burwell that courts "cannot interpret statutes to negate their stated purposes"-the enacted purposes canon-is and should be viewed as a bedrock element of ...
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(Arizona Law Review, 2015)In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations to opt out of ...
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(Vanderbilt Law Review, 2009)For many years, courts and commentators have been concerned about a phenomenon in class action litigation referred to as objector "blackmail." The term "blackmail" is used figuratively rather than literally; so-called ...
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(Virginia Law Review, 2000)This article argues that mental illness should no longer be the basis for a special defense of insanity. Instead, mental disorder should be considered in criminal cases only if relevant to other excuse doctrines, such as ...
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(Cornell Journal of Law and Public Policy, 1998)This article examines some of the perverse consequences of the structure of the Endangered Species Act, namely that it deters property owners from conserving threatened species and lacks proactive measures.
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(Duke Environmental Law & Policy Forum, 2004)One of the mysteries of environmental policy in the Bush Administration will be how and why it squandered an opportunity to continue market-based administrative reforms of the Endangered Species Act begun, ironically, in ...