Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 976-995 of 1354
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(Journal of Legal Studies, 2004)This paper presents the first empirical anatysis that demonstrates that juries differ from judges in awarding punitive damages. Our review of punitive damages awards of $100 million or more identified 63 such awards, of ...
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(Harvard Journal on Legislation, 2002)Evidence of corporate risk-cost balancing often leads to inefficient punitive damages awards, suggesting that jurors fail to base their decision making on principles of economic efficiency. In this Article, Professor Viscusi ...
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(University of Ottawa Law & Technology Journal, 2005)IN THREE RECENT CASES, the Supreme Court of Canada provided several pieces of the Canadian copyright policy puzzle. We now know that the economic purpose of copyright law is instrumentalist in nature, namely, to ensure the ...
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(Northwestern University Law Review, 2015)After decades of debate, the lines of distinction between textualism and purposivism have been carefully drawn with respect to the judicial task of statutory interpretation. Far less attention has been devoted to the ...
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(Journal of Legal Education, 2002)Clinical scholarship is currently developing an analysis of the practice of law that explores the lawyer's role in building a case from the infinite universe of facts.' Clinical legal education has traditionally focused ...
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(Stanford Law Review, 2013)Based on an impressive array of studies, Paul Robinson and his coauthors have developed a new theory of criminal justice, which they call “empirical desert.” The theory asserts that, because people are more likely to be ...
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(Fordhan Urban Law Journal, 2013)The term “exclusionary zoning” typically describes a particular phenomenon: suburban large-lot zoning that reduces the supply of developable land and drives up housing prices. But exclusionary zoning in its modern form ...
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(Case Western Reserve Law Review, 2020)The fact that Donald Trump became President in 2016, despite losing the popular vote by a substantial margin, has brought renewed attention to the Electoral College system. Forging the American Nation, Shlomo Slonim provides ...
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(Constitutional Commentary, 2009)Taking a cue from Professor Laurence Tribe's decision to abandon the third edition of his constitutional law treatise, the organizers of this symposium have asked us to address whether constitutional law is in crisis. I ...
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(Buffalo Law Review, 2006)In a series of groundbreaking articles published over the past fifteen years, James Gardner has led the charge to make state constitutionalism a part of the constitutional law discussion more generally. His new book, ...
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(Berkeley Women's Law Journal, 1990)The nature of privilege is that it is hidden from those who possess it even more than it is hidden from those who lack privilege. Privilege's invisibility to its owner makes privilege difficult to both identify and fight.
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(Southern California Law Review, 2016)The integrity of shareholder voting is critical to the legitimacy of corporate law. One threat to this process is proxy “bundling,” or the joinder of more than one separate item into a single proxy proposal. Bundling ...
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(Fordham Urban Law Journal, 2007)Many believe that the legal system has achieved racial neutrality because statutes and regulations do not mention race. They do not view law and the legal system as one way that American society polices race and wealth ...
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(Arkansas Law Review, 2002)The determination of whether racialized defenses should be permitted depends upon a number of factors. Professor Alfieri is right to emphasize race-consciousness as an important variable, but wrong to give it dispositive ...
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Racial Jurymandering: Cancer or Cure? A Contemporary Review of Affirmative Action in Jury Selection (New York University Law Review, 1993)Racial and ethnic minorities continue to be substantially underrepresented on criminal juries. At all stages of jury selection-venue choice, source list development, qualified list development, and jury panel and foreperson ...
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(Arizona State Law Journal, 2012)This paper explores the adoption of best practices for the admission and graduation of undocumented students as lawyers and promoting their integration into the legal profession. Law schools are already both knowingly and ...
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(Journal of Law and Economicshttp://www.press.uchicago.edu/ucp/journals/journal/jle.html, 1995)This article estimates hedonic price models for automobiles using a data set on almost 3,000 households from the U.S. Department of Energy Residential Transportation Energy Consumption Survey. The standard hedonic models ...
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(University of Chicago Law Review, 2007)This Article examines the economic basis for what is termed "rational discounting," which entails full recognition of policy effects over time and exponential discounting at a riskless rate of return. Policies often cannot ...
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(Virginia Tax Review, 2007)This article examines the taxation of human shareholders in the case of mergers and acquisitions. Currently, the relevant law is extraordinarily complex, utterly inconsistent, and in many instances arguably unfair. There ...
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(New York Law School Law Review, 2011)Legal educators have long viewed experiential courses involving real lawyering as a world divided neatly in two: externship placements and in-house clinics. This article suggests that despite the decades-old vintage of ...