Law School: Recent submissions
Now showing items 1101-1120 of 1363
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(Vanderbilt Law Review, 2009)For many years, courts and commentators have been concerned about a phenomenon in class action litigation referred to as objector "blackmail." The term "blackmail" is used figuratively rather than literally; so-called ...
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(Vanderbilt Journal of Transnational Law, 2005)The market for art and cultural property is international. Demand is intense and not particularly local in terms of consumer preference. 2 Supply responds to this intense international demand. Like most anything else, art ...
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(Virginia Tax Review, 2006)Under current tax law, there can be considerable period-by-period divergence between a taxpayer's after-tax income and her desired or actual consumption. This divergence will cause the taxpayer to borrow. One can view such ...
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(Boston University Law Review, 1997)We propose that plaintiffs in securities fraud actions should use state inspections statutes to obtain discovery about potential securities fraud cases. First, we argue that the Private Securities Law Reform Act has ...
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(The Review of Economics and Statistics, 1991)Using a new data set, this paper gives evidence in support of the intuitive notion that overqualified workers are less satisfied with their jobs and are more likely to quit. However, training time is inversely related to ...
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(Michigan Law Review, 2007)Professors Bressman and Vandenbergh respond to the comments of Sally Katzen on their article presenting and analyzing results from an empirical study of the top political appointees at the Enviromental Protection Agency ...
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(Applied Economics, 1985)The supply of effort on the job has been virtually ignored as a component of the effective supply of labour. Typically, labour supply models assume the worker chooses the utility-maximizing number of hours to supply on the ...
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(Michigan Law Review, 2006)Individuals spend billions of dollars every year on precautions to protect themselves from crime. Yet the legal academy has criticized many private precautions because they merely shift crime onto other, less guarded ...
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(Wisconsin Law Review, 1999)The traditional juvenile court, focused on rehabilitation and "childsaving," was premised primarily on a parens patriae notion of State power. " Because of juveniles' immaturity and greater treatability, this theory posited, ...
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(Virginia Law Review, 2005)Nearly every treatment of scientific evidence begins with a faithful comparison between the Frye and Daubert standards. Since 1993, jurists and legal scholars have spiritedly debated which standard is preferable and whether ...
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(Green Bag 2d, 2010)Citizens United v. Election Commission held that, like human citizens, corporations can exercise their right to free speech by spending as much money as they like trying to influence elections. This article does not attack ...
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(The Review of Economics and Statistics, 1987)Using the 1977 Quality of Employment Survey in conjunction with BLS risk series and state workers' compensation benefit formulas, the authors assess the labor market implications of workers' compensation. Higher levels of ...
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(Vanderbilt Law Review, 1999)This Article applies comparative institutional analysis to separation of powers under state constitutions, with a particular focus on the nondelegation doctrine and states' acceptance of Chadha-like restrictions on legislative ...
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(University of Illinois Law Review, 1999)Legal scholars have developed two dominant theories of litigation behavior: the Economic Theory of Suit and Settlement,which is based on expected utility theory, and the Framing Theory of Litigation, which is based on ...
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(The Review of Economics and Statistics, 2001)Using a large data set, the authors find that smokers select riskier jobs, but receive lower total wage compensation for risk than do nonsmokers. This finding is inconsistent with conventional models of compensating ...
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(Supreme Court Economic Review, 2001)This article considers systematically whether the Supreme Court is more likely to review an en banc court of appeals decision than a panel decision. First, we consider Supreme Court review of en banc cases during the ...
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(NYU Annual Survey of American Law, 2005)In recent times, no development has transformed the practice of criminal justice as much as DNA evidence. In little over fifteen years, DNA profiling has produced nothing short of a paradigm shift.1 For police and prosecutors, ...
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(Columbia Law Review, 2011)Parties frequently seek exemption from regulation on the ground that they contribute only a very small share to a problem. These one percent arguments are not inherently questionable; it can be efficient to exclude relatively ...
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(Fordham Law Review, 2011)Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman or degrading ...
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(Southwestern Law Journal, 1991)To many, the ESA is the epitome of an anti-growth agenda, seemingly used as a pretext for stopping development rather than for the ostensible purpose of species protection. To its staunch supporters, however, the ESA ...