Law School: Recent submissions
Now showing items 661-680 of 1363
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(Regulation, 2002)Smoking is by far the largest single risk that most people take. Perhaps in part because of that prominence, smoking has been the target of a wide variety of regulations and legal action. The controversy over tobacco ...
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(Law & Contemporary Problems, 1986)For more than a decade, the Occupational Safety and Health Administration (OSHA) has been regulating the technology and work practices of employers. This governmental function is relatively new and is quite different ...
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(Foundations and Trends in Microeconomics, 2013)The mad cow disease crisis in the United Kingdom (U.K.) was a major policy disaster. The government and public health officials failed to identify the risk to humans, created tremendous uncertainty regarding the human risks ...
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(Law & Contemporary Problems, 1987)The automobile bumper standard issued by the National Highway Traffic Safety Administration (NHTSA) in 1982 was the product of a decade of policy debate.' This debate continued in the courts until ultimately the NHTSA ...
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(Regulation, 1982)My review of recent risk regulation policies necessarily starts with the new oversight group within the Office of Management and Budget (OMB), because it has been the dominant force for improvement thus far. Unfortunately, ...
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(American Economic Association, 2012)Society has several institutional mechanisms that promote the control of product health and safety risks and compensation of the income losses that these risks generated. For risks traded in the market, economic forces at ...
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(Harvard Business Review, 1985)In the heated atmosphere generated by inch-high headlines and multimillion-dollar liability suits, two important facts often get lost. First, society's awareness of what ensuring reasonably complete safety would cost rarely ...
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(Vanderbilt Law Review, 2012)This article proposes a unified regulatory approach to the issuance of “money-claims” – a generic term that refers to fixed-principal, very short-term IOUs, excluding trade credit. The instability of this market is arguably ...
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(Journal of East Asia & International Law, 2008)This article explores "the Japanese advantage" in the enforcement of ex ante contract commitments in comparison with the United States, arguing that ostensible convergence of Japanese and United States contract practice ...
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(Vanderbilt Law Review, 1987)Prisoners often seek redress in federal courts through causes of action brought under 42 U.S.C. Section 1983 for violations of their constitutional rights caused by the overall condition of their confinement or by one ...
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(Regulation, 2012)Product liability law is intended to create an environment that fosters safer products. However, this law often has adverse consequences. Some of the problems stem from the inherent nature of product risk decisions and the ...
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(Vanderbilt Law Review, 2005)For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
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(Vanderbilt Law Review, 2009)Discussion of shareholder voting frequently begins against a background of the democratic expectations and justifications present in decision-making in the public sphere. Directors are assumed to be agents of the shareholders ...
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(American Mathematical Society, 2013)In "Math on Trial," Leila Schneps and Coralie Colmez write about the abuse of mathematical arguments in criminal trials and how these flawed arguments "have sent innocent people to prison" (p. ix). Indeed, people "saw their ...
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(Vanderbilt Law Review, 1990)When organizing this Symposium on the topic of "Law, Literature, and Social Change," we asked whether current trends in literature and in literary, social, and legal theory actually could play a role in bringing about ...
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(Houston Law Review, 1992)With the advent of new genetic technologies and the Human Genome Initiative, interest in the problems posed by genetic diagnostics in general, and by genetic screening in particular, has surfaced. Many recent works focus ...
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(Virginia Law Review, 9/24/2007)The use of evidentiary rules to achieve substantive goals strikes me as a Faustian bargain, and, given Bierschbach and Stein's acknowledgedly tentative position, I hope to dissuade them of the virtues of the practice. My ...
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(Judicature, 2008)In accord with traditions celebrating the generalist judge, the federal judiciary has consistently resisted proposals for specialized courts. Outward support for specialization, if it exists at all, is confined to narrow ...
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(Columbia Law Review, 2009)Statistical data are powerful, if not crucial, pieces of evidence in the courtroom. Whether one is trying to demonstrate the rarity of a DNA profile, estimate the value of damaged property, or determine the likelihood that ...
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(Vanderbilt Law Review, 2012)Jay Tidmarsh offers an intriguing new test for drawing the allimportant line between procedure and substance for purposes of Erie. The Tidmarsh test is attractively simple, yet seemingly reaches the right result in separating ...