Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 938-957 of 1354
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(Vanderbilt Journal of Transnational Law, 1998)The sharply contested religion cases from Germany in the late 1990s...point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. ...
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Private Values of Risk Tradeoffs at Superfund Sites: Housing Market Evidence on Learning About Risk (The Review of Economics and Statistics, 2000)This paper incorporates a Bayesian learning model into a hedonic framework to estimate the value that residents place on avoiding cancer risks from hazardous-waste sites. We show that residents are willing to pay to avoid ...
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(Georgetown Law Journal, 2013)This Article challenges the academic and policy consensus that clearinghouses adequately mitigate the risks of trading credit derivatives. The Article advances two arguments. First, scholars have devoted little attention ...
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(Journal of Dispute Resolution, 2002)Professor Deborah Hensler tells an important cautionary tale about mandatory mediation in her thoughtful and provocative contribution to this volume. In Suppose It's Not True: Challenging Mediation Ideology, Hensler observes ...
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(Columbia Law Review, 2007-12)Legal scholars view administrative law as alternately shaped by concerns for procedural integrity and issues of political control, and therefore as consisting of largely conflicting rules. But they have overlooked that the ...
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(Journal of Economic Perspectives, 1991)Litigation over product liability has escalated because of shifting liability standards, and the role of workers' compensation has increased both because of the changing injury mix and the provision of more generous benefit ...
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(American Economic Association, 2012)Society has several institutional mechanisms that promote the control of product health and safety risks and compensation of the income losses that these risks generated. For risks traded in the market, economic forces at ...
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(The Journal of Legal Studies, 1988)The recent law and economics literature has directed much energy toward identifying the various factors that determine whether parties will litigate or settle accident claims.' The substantive interest in this area rests ...
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(The Journal of Political Economy, 1993)Product liability ideally should promote efficient levels of product safety, but misdirected liability efforts may depress beneficial innovations. This paper examines these competing effects of liability costs on product ...
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(Minnesota Law Review, 2017)How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with ...
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(Journal of Labor Economics, 2008)Using data from the New Immigrant Survey 2003, this paper shows that skin color and height affect wages among new lawful immigrants to the U.S. controlling for education, English language proficiency, occupation in source ...
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(Stanford Law Review, 1995)Robin West has written a book that every constitutional scholar would like to like. In Progressive Constitutionalism, she promises us a new and historically accurate interpretation of the Fourteenth Amendment that will ...
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(American Economic Review, 2011)Individual behaviors that benefit the environment are potentially influenced by personal values of environmental quality, social norms that encourage proenvironmental actions, and economic incentives. Economic incentives ...
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Promoting Safety Through Workers' Compensation: The Efficacy and Net Wage Costs of Injury Insurance (The RAND Journal of Economics, 1989)This article explores the effects of workers' compensation on fatality rates and wages using the 1982 Panel Study of Income Dynamics and the new occupational fatality data issued by the National Institute for Occupational ...
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(Harvard law Review, 2015)Richard Epstein’s new book, The Classical Liberal Constitution, is the latest entry in what might be called conservative foundationalist constitutional theory. The movement’s primary goal is to elevate judicial protection ...
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(Environmental Law, 2003)During the Montana Constitutional Convention of 1889, John Wesley Powell, envisioning a landscape of watershed commonwealths, proposed that Montana adopt watersheds as the boundaries of its counties. The idea did not catch ...
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(Lewis & Clark Law Review, 2020)Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...
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(Texas Review of Law and Politics, 2019)I am going to set the stage by providing a little background about the various methods that States around the country use to select their judges. I am also going to remind us of many of the considerations that we like to ...
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(Florida Law Review, 2001)This Article explores several advantages of incorporating into law various insights from behavioral biology about how and why the brain works as it does. In particular, the Article explores the ways in which those insights ...
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(Penn State Law Review, 2005)This article, part of a symposium on prosecutorial discretion, uses the Martha Stewart case to look more closely at the various types of discretion prosecutors wield. Unlike some other commentators, we are not persuaded ...