Law School: Recent submissions
Now showing items 501-520 of 1363
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(Case Western Reserve Law Review, 2015)The states have wrested control of marijuana policy from the federal government, but they risk losing some of their newfound power to another player: local governments. Hundreds of local communities are now seeking to ...
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(University of Ottawa Law & Technology Journal, 2008)This Article suggests a path to develop a principled conceptualizat ion for copyright of limitations and exceptions at the international level. The paper argues that, normatively, copyright has always sought to reflect a ...
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(University of Ottawa Law & Technology Journal, 2005)IN THREE RECENT CASES, the Supreme Court of Canada provided several pieces of the Canadian copyright policy puzzle. We now know that the economic purpose of copyright law is instrumentalist in nature, namely, to ensure the ...
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(SMU Law Review, 2014)This essay offers a menu of procedural alternatives for coping with the potential, some would say inevitable, abandonment of the prior conviction exception to the rule in Apprendi v. New Jersey. It compiles options states ...
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(Columbia Law Review, 2015)This Essay offers a specification of the rule of law’s demands of administrative law and government inspired by Professor Peter L. Strauss’s scholarship. It identifies five principles—authorization, notice, justification, ...
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Lessons from the Turn of the Twentieth Century for First-Year Courses on Legislation and Regulation (Journal of Legal Education, 2015)This essay — part of a special journal issue on Legislation and Regulation and Regulatory State courses as core elements of the law school curriculum — approaches the debate over adopting these courses by looking back to ...
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(Journal of Risk and Uncertaintyhttp://www.springer.com.proxy.library.vanderbilt.edu/economics/economic+theory/journal/11166, 2008)Two developments pose dilemmas for well established discounting techniques: (1) The extremely long time horizons associated with recently prominent environmental policy problems, such as climate change and nuclear waste ...
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(Vanderbilt Lawyer, 2002)Ask those who carefully follow the Supreme Court, and they will tell you that--for good or bad, depending on their perspective--the current Supreme Court has reduced to near rubble the metaphorical wall separating church ...
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(Harvard Law Review, 2015)The defining feature of foreign relations law is that it is distinct from domestic law. Courts have recognized that foreign affairs are political by their nature and thus unsuited to adjudication, that state and local ...
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(Vanderbilt Law Review, 2015)Exit is a ubiquitous feature of life, whether breaking up in a marriage, dropping a college course, or pulling out of a venture capital investment. In fact, our exit options often determine whether and how we enter in the ...
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(Northwestern University Law Review, 2015)After decades of debate, the lines of distinction between textualism and purposivism have been carefully drawn with respect to the judicial task of statutory interpretation. Far less attention has been devoted to the ...
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(George Mason Law Review, 2015)A lively debate has emerged over the deferential standard of review courts apply when reviewing an agency’s interpretation of its own regulations. That standard, traditionally associated with Bowles v. Seminole Rock & Sand ...
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(Pace Environmental Law Review, 2015)Given the political dynamic in play at the national level, with the country evenly split between Republicans and Democrats, and incumbent Tea Party and other politicians highly critical of the EPA, there is no reason to ...
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(Pace Environmental Law Review, 2016)Prepared for the Pace’s 2014 Lloyd K. Garrison Lecture, this provides a brief overview of the history of the ecosystem services framework in law and policy, status report on where it is today, and assessment of critiques, ...
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(Georgetown Law Journal, 2002)This piece is a response to an article by Andrew Guzman, which proffers an efficiency framework for choice-of-law problems in interjurisdictional conflicts. The response incorporates insights from public choice theory into ...
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(Mercer Law Review, 2013)It is a great honor to be asked to deliver the second Annual Brainerd Currie Lecture at Mercer University School of Law. Brainerd Currie was an immensely influential law professor who is recognized as the leading scholar ...
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(Washington University Law Review, 2015)Shareholders have long complained that top executives are overpaid by corporate directors irrespective of their performance. Largely powerless to stop these practices, in 2002, they prevailed upon the U.K. Parliament to ...
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(Harvard Journal of Law & Public Policy, 2015)Although government agencies increasingly use behavioral irrationalities as a justification for government intervention, the paradox is that these same government policies are also subject to similar behavioral inadequacies ...
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(George Mason Law Review, 2015)This Article evaluates judicial review of agency benefit-cost analysis ("BCA") by examining a substantial sample of thirty-eight judicial decisions on agency actions that implicate BCA. Essentially, the Administrative ...
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(Vanderbilt Law Review, 2015)The value of a statistical life (VSL) is the most influential single parameter used in calculating the benefits of governmental regulations. While there are some inter-agency differences, there is a commonality in the ...