Vanderbilt Law School Faculty Works: Recent submissions
Now showing items 1001-1020 of 1354
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(Florida Law Review, 2013)Multiple different securities law enforcers can pursue U.S. public companies for the same misconduct. These enforcers include a variety of federal agencies, class action attorneys, and derivative litigation attorneys, as ...
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(Georgetown Law Journal, 1996)A very strange thing is happening in legal academia. The left and the right have joined forces, and the center is under attack. What makes this so unusual is that law has traditionally been a field of centrists. The common ...
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(Notre Dame Law Review, 2000)There is a joke making the rounds that purports to explain the Supreme Court's 1998-1999 Term, especially the three federalism cases decided on the last day: The Y2K bug hit the Court six months early, and the Court thought ...
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(Constitutional Commentary, 1996)The Supreme Court's recent decision in Romer v. Evans' has caused both joy and consternation. Among legal scholars, however, it has mostly engendered puzzlement. The Court explicitly avoided the most doctrinally plausible ...
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(Ohio State Law Journal, 1998)As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, ...
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(Vanderbilt Law Review, 2008)In this paper, we examine the impact of the PSLRA and more particularly the impact the type of lead plaintiff on the size of settlements in securities fraud class actions. We thus provide insight into whether the type of ...
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(Columbia Law Review, 2005)The research reported in this Essay examines process discounts-differences in sentences imposed for the same offense, depending upon whether the conviction was by jury trial, bench trial, or guilty plea-in five states that ...
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(Green Bag 2d, 2007)Degrees of separation is a concept that is intuitive and appealing in popular culture as well as academic discourse: It tells us something about the connectedness of a particular field. It also reveals paths of influence ...
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(Seton Hall Law Review, 1993)This Article suggests an alternative, internal rationale for why judges follow precedents. The Article posits that stare decisis has evolved as a result of judges' preference for the doctrine. The Article begins with an ...
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(University of Pennsylvania Law Review, 2001)Conventional legal and economic analysis assumes that opportunistic behavior is discouraged and cooperation encouraged within firms primarily through the use of legal and market incentives. This presumption is embodied in ...
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(Northwestern University Law Review, 2004)Not every constitutional case requires recourse to first principles, and indeed, most require more subtlety than such recourse can produce. The Rehnquist Court's free speech cases provide an example of the benefits of a ...
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(Georgetown Law Journal, 2003)Since the New Deal, and even before, regulatory law has grown relentlessly ever more massive, detailed, and encompassing. The sentiment, "there's too much law", surely rings true on a daily basis to both practitioners and ...
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(Iowa Law Review, 2005)American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of ...
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(Washington University Law Quarterly, 2001)One of the most pressing questions facing both corporate scholars and businesspeople today is how corporate directors can be made accountable. Before addressing this issue, however, it seems important to consider two ...
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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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(Applied Economics, 1994)Recently, researchers have challenged the validity of the dominant theories of wage growth, claiming that the observed positive relation between wages and tenure is an artefact of omitted job match quality. In sharp contrast ...
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(American Journal of Criminal Law, 2003)On June 20, 2001, Andrea Yates took the lives of her five children by drowning them, one by one, in a bathtub. At her trial on capital murder charges nine months later, she pleaded insanity. Despite very credible evidence ...
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(Ohio State Journal of Criminal Law, 2009)In the recent decision of Indiana v. Edwards the Supreme Court held that the right to represent oneself may be denied to defendants who are competent to stand trial if they "still suffer from severe mental illness to the ...
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(Virginia Law Review, 1986)What is true of women's writing is also true of women's jurisprudence. This article contends that modern men and women, in general, have distinctly different perspectives on the world and that, while the masculine vision ...
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(Vanderbilt Law Review, 1997)It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the ...