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Now showing items 11-20 of 53
Misaligned Lawmaking
(Vanderbilt Law Review, 2020-01)
Since 1962, when Congress passed the Trade Expansion Act, every new U.S. trade deal has had the same essential bargain at its core. Congress agrees to give the president the power to lower trade barriers, while at the same ...
Governing Cascade Failures in Complex Social-Ecological-Technological Systems: Framing Context, Strategies, and Challenges
(Vanderbilt Journal of Entertainment Law and Technology, 2020)
Cascade failures are events in networked systems with interconnected components in which failure of one or a few parts triggers the failure of other parts, which triggers the failure of more parts, and so on. Cascade ...
Ecosystem Services and Federal Public Lands: A Quiet Revolution in Natural Resources Management
(University of Colorado Law Review, 2020)
The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service,
Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that did not exist ...
The Evolving Federal Response to State Marijuana Reforms
(Widener Law Review, 2020)
The states have launched a revolution in marijuana policy, creating a wide gap between state and federal marijuana law. While nearly every state has legalized marijuana in at least some circumstances, federal law continues ...
Patenting New Uses for Old Inventions
(Vanderbilt Law Review, 2020)
A bedrock principle of patent law is that old inventions cannot be patented. And a new use for an old invention does not render the old invention patentable. This is because patent law requires novelty-an invention must ...
Do Appraisal Challenges Benefit Target Shareholders through Narrowing Arbitrage Spread? A Reply
(Journal of Law & Economics, 2020)
The emergence of appraisal arbitrage as an investment strategy has focused attention on the role of judicial appraisal in mergers and acquisitions deals. Our study-Boone, Broughman, and Macias (2019)-contributes to this ...
The Wicked Problem of Zoning
(Vanderbilt Law Review, 2020)
Zoning is the quintessential wicked problem. Professors Rittel and Webber, writing in the 1970s, identified as "wicked" those problems that technocratic expertise cannot necessarily solve.' Wicked problems arise when the ...
Deconstructing Invisible Walls: Sotomayor's Dissents in Era of Immigration Exceptionalism
(William & Mary Journal of Race, Gender, & Social Justice, 2020)
Since 2017, the U.S. Supreme Court has granted certiorari and considered twenty immigration cases.2 In 2019, the Supreme Court issued eight decisions focusing on immigration. There are many different theories accounting ...
Cutting Class Action Agency Costs: Lessons from the Public Company
(University of California at Davis Law Review, 2020)
The agency relationship between class counsel and class members in Rule 23(b)(3) class actions is similar to that between executives and shareholders in U.S. public companies. This similarity has often been noted in class ...
A Global Assessment of the Law and Policy of Ecosystem Services
(University of Queensland Law Journal, 2020)
This article assesses the approaches that different national governments have employed to provide and conserve ecosystem services, focusing on policy instruments and common-law court decisions. Applying the lessons learned ...