Vanderbilt Law School Faculty Works: Recent submissions
Now showing items 701-720 of 1354
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(Columbia Law Review Sidebar, 2012)Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...
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(Michigan State DCL Law Review, 2003)Regulatory agencies are increasingly adopting ex ante rules to set market access terms and conditions for network industries. At the same time, in industries such as telecommunications and electric power transmission and ...
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(Florida State University Law Review, 1997)This Article examines the recent history of APA reform in Florida and surveys several provisions of the 1996 revised Florida APA that are likely to have a major effect on agency governance. Part II of this Article briefly ...
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(Journal of Law and Policy, 2005)This essay does not promote the Victims' Rights Amendment16 or advocate any other specific victims' rights proposal. 17 Rather, it suggests that, as a positive matter, victim involvement in the criminal process is becoming ...
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(Clinical Law Review, 2003)Gary Bellow's and Bea Moulton's The Lawyering Process challenged conventional legal education on every front, from the types of material included to the questions asked about law and lawyers. Their book has inspired a ...
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(Judicature, 2002)The institutional legitmacy of the judiciary depends on the quality of the judgments that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public expects judges to avoid ...
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(Judicature, 2000)Is one circuit significantly more conservative or liberal than the others? Do circuit courts consistently avoid deciding the substance of certain appeals by concluding that the plaintiffs lack standing? Have state ...
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(Harvard Blackletter Law Journal, 2000)This Article examines data on public opinion to determine what criteria the public favors in making difficult admissions decisions. Obviously, notions of merit 2 are central to resolving this complicated issue. The data ...
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(Virginia Law Review, 2000)This article argues that mental illness should no longer be the basis for a special defense of insanity. Instead, mental disorder should be considered in criminal cases only if relevant to other excuse doctrines, such as ...
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(Florida State University Law Review, 2000)Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...
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(Judicature, 1996)Of the various selection methods that contribute to the underrepresentation of members of racial and ethnic minority groups on juries, peremptory challenges have attracted the most attention in recent years. Yet gains in ...
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(The Journal of Legal Studies, 2005)Survey respondents assessed the risks of terrorist attacks and their consequences and were asked how their assessments changed from before September 11 to the present. This paper analyzes those current and recollected risk ...
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(Southern Economic Journal, 1986)In situations of uncertain worker productivity and risk aversion, labor market contracts have a dual objective of promoting incentives and risk spreading. A trade-off between these objectives is present in single period ...
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(American Journal of Legal History, 1996)It is hardly surprising that certain legal institutions--adoption, wills, and guardianship--have lasted through the centuries. Each meets a different, seemingly timeless need: providing parenting for orphans or abandoned ...
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(Cardozo Women's Law Journal, 2003)To examine the magnitude and source of the gender pay disparity among lawyers, this paper uses data from a large national survey reporting individual information for 1990 and 1993 on a wide array of work related and personal ...
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(Federal Sentencing Reporter, 2014)This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the ...
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(Duke Law Journal, 2013)A principal component of many benefit-cost analyses (BCAs) of health, safety, and environmental regulations is the valuation of the fatality risk effects of the underlying policy. Government agencies currently value these ...
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(Boston College Law Review, 3/28/2014)The Supreme Court’s increasing use of science and social science in its decision-making has a rationalizing effect on law that helps ensure that a rule will have its desired effect. But resting doctrine on the shifting ...
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(Clinical Law Review, 2007)Clinical legal education has not paid sufficient attention to developments in the theoretical understanding of negotiation. A growing body of scholarship on legal negotiation endorses a problem-solving approach to negotiation, ...
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(Kentucky Law Journal, 2013)We examine whether two national newspapers (The New York Times and The Wall Street Journal) provide a realistic representation of sexual harassment in the workplace by comparing media coverage to empirical evidence on ...