Vanderbilt Law School Faculty Works: Recent submissions
Now showing items 1201-1220 of 1354
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(Northwestern University Law Review, 1993)Numerous legal academics and practitioners have criticized the handling by plaintiffs' attorneys of large-scale class action and derivative lawsuits. These critiques point out attorneys' abuse of the legal system, ranging ...
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(Duke Environmental Law & Policy Forum, 2009)The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward ...
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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 ...
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(Notre Dame Law Review, 2003)This Article is divided into three Parts. The first Part is devotedto an example demonstrating that, while double taxation may be gratuitous in a purely domestic context, it invariably becomes necessary in a multinational ...
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(SMU Law Review, 2006)An ever-shrinking hallmark of our federal income tax system is the apparent double taxation of some, but not all, business income. That is, some business income ultimately flows to the human shareholders of C corporations. ...
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(University of Colorado Law Review, 1996)Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to ...
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(Georgia State University Law Review, 2008)The legal system. It rolls easily off the tongues of lawyers like a single word - the legal system - as if we all know what it means. But what is the legal system? How does it behave? What are its boundaries? What is its ...
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(San Diego Law Review, 2011)Among modern-day legal academics determinate sentencing and limiting retributivism tend to be preferred over indeterminate sentencing, at least in part because the latter option is viewed as immoral. This Article contends ...
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(American Criminal Law Review, 1994)In "Powers v. Ohio," the Court held that a peremptory challenge based on race violates the equal protection right of the challenged veniremember not to have her opportunities for jury service determined by her skin color. ...
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(University of Pennsylvania Law Review, 2007)A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases ...
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(Harvard International Law Journal, 2003)During the final months of the Clinton administration, the State Department entered into a trio of unprecedented international agreements with France (the "French Agreement"), Germany (the "German Agreement"), and Austria ...
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(Lewis & Clark Law Review, 2008)The Supreme Court's 2008 decision in Medellin v. Texas appears to represent a formalist turn in the Court's approach to foreign relations cases. The opinion emphasizes text as the key to treaty interpretation and it stresses ...
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(Vanderbilt Law Review, 2008)Each of the articles in this Symposium sheds new light on the ever-changing role of institutional investors in U.S. corporate governance and corporate litigation. They cover a broad range of topics, including institutional ...
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(Texas Tech Law Review, 2007)This essay, for a symposium on Citizen Ignorance, Police Deception and the Constitution, relies on moral philosophy and new empirical research in arguing that police deceit during interrogation is permissible when: (1) it ...
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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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(Santa Clara Law Review, 2002)The death penalty presents an issue where a clearly stated norm that is widely held by U.S. allies exists in stark contrast to U.S. practices. The war on terrorism has shone a spotlight on European refusals to extradite ...
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(Seton Hall Law Review, 1994)There is little question that the imposition of constraints on awards and other pro-defendant changes in the liability regime will reduce liability costs. However, the patterns observed in the federal courts are quite ...
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(Emory Law Journalwww.law.emory.edu/elj, 2004)This paper provides an analysis of sixty-four punitive damages awards of at least $100 million. Based on an inventory of these cases, there is evidence that these blockbuster awards are highly concentrated geographically, ...
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(New Mexico Law Review, 2003)This article, written for a symposium on Atkins v. Virginia - the Supreme Court decision that prohibited execution of people with mental retardation - argues that people with severe mental illness must now also be protected ...
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(University of Colorado Law Review, 2010)This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines to serve renewable resources, and how states could approach its evolution in order to preserve a ...