Vanderbilt Law School Faculty Works: Recent submissions
Now showing items 721-740 of 1354
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(Law and Contemporary Problems, 1997)The purpose of this article is to describe the development of an early identification and response model of malpractice prevention that is designed to achieve these objectives. The article begins with a rationale for the ...
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(Industrial and Labor Relations Review, 2000)Empirical research has consistently shown that married men have substantially higher wages, on average, than otherwise similar unmarried men. One commonly cited hypothesis to explain this pattern is that marriage allows ...
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(Law and Contemporary Problems, 2009)In this article we propose changing the manner in which control rights over criminal sanctions are distributed. This modest change has the potential to increase victim well-being without interfering with social needs. ...
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The Determinants of the Disposition of Product Liability Claims and Compensation for Bodily Injury (The Journal of Legal Studies, 1986)The frequency and severity of products liability lawsuits have become a matter of increasing importance and concern to the public at large and to American business in particular. The number of product liability cases filed ...
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(Judicature, 1991)In the September 1983 issue of Judicature,Karen O'Connor and Lee Epstein published the results of their examination of the fate of gender-based cases in the U.S. Supreme Court during the 1970s. Overall, they found that the ...
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(Industrial and Labor Relations Review, 1991)This study uses a new data set from a 1986 survey of workers to examine simultaneously the wage effects of human capital, household responsibilities, working conditions, and on-the-job training. The analysis suggests that ...
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(Harvard Law Review, 2009)Enthusiasm for "many minds" arguments has infected legal academia. Scholars now champion the virtues of groupthink, something once thought to have only vices. It turns out that groups often outperform individuals in ...
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(Journal of Legal Studies, 2002)There has been a spate of interest in the application of the Condorcet Jury Theorem to issues in the law. This theorem holds that a majority vote among a suitably large body of voters, all of whom are more likely than not ...
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(Harvard Law Review, 2007)Sixth Amendment--Allocation of Factfinding in Sentencing.--Apprendi v. New Jersey spawned a series of Supreme Court sentencing decisions which, when viewed together, are at best confusing and at worst contradictory. ...
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(Law and Contemporary Problems, 2000)In the "Aircraft Carrier," the Securities and Exchange Commission (SEC) proposed changes in federal securities disclosure requirements in an attempt to enhance and facilitate the process of issuing new securities. Under ...
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(Journal of Law and Policy, 2013)This article aims to provide some legal context to the Authorship Attribution Workshop (“conference”). In particular, I want to offer some pragmatic observations on what courts will likely demand of forensic linguistics ...
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(Marquette Law Review, 2014)This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat ...
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(Columbia Law Review, 2007)This Article proposes that local governments should be able to decide for themselves how to protect private property, and then be held to that choice as if it were a local constitutional pre-commitment. Specifically, the ...
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(Wisconsin Law Review, 2009)Federal appellate courts have promulgated divergent legal standards for pleading fraud in securities fraud class actions after the Private Securities Litigation Reform Act (PSLRA). Recently, the U.S. Supreme Court issued ...
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(The Journal of Legal Studies, 2000)Risk equity serves as the purported rationale for a wide range of inefficient policy practices, such as the concern that hypothetical individual risks not be too great. This paper proposes an alternative risk equity concept ...
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(Journal of Legal Studies, 2001)A sample of almost 500 jury-eligible citizens considered a series of experimental situations involving accidents. The juror sample did not properly apply negligence rules, as their errors were particularly great for ...
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(Southern Economic Journal, 1999)Situations in which individuals receive information seldom involve scientific consensus over the level of the risk. When scientific experts disagree, people may process the information in an unpredictable manner. The ...
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(Federal Sentencing Reporter, 2011)This article addresses questions that may face courts as defendants seek relief under the Court’s decision in Padilla v. Kentucky, which held that counsel’s failure to adequately inform the defendant of the deportation ...
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(Boston College Journal of Law & Social Justice, 2014)This Article examines the changes to the Individuals with Disabilities Education Act ("IDEA"), which were intended to reconcile the Act with the No Child Left Behind Act of 2001, and the effect those changes have had on ...
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(Judicature, 2014)The United States Judicial Panel on Multidistrict Litigation (or "MDL Panel") is one of a small number of special federal courts created pursuant to Article III by Congress and staffed by a Chief-Justice-appointed group ...