Welcome to the Vanderbilt Law School's Faculty Works collection. This open access collection includes published scholarly works.

For more information about the collection contact Deborah Schander, Associate Director for Public Services and Lecturer in Law.

Copyright Notice

Unless otherwise stated, copyright for all materials in this collection is retained by the authors and/or publisher.

Recent Submissions

  • Thomas, Randall S.; Cox, James D.; Mondino, Tomas J. (Duke Law Journal, 2019)
    Has corporate law and its bundles of fiduciary obligations become irrelevant? Over the last thirty years, the American public corporation has undergone a profound metamorphosis, transforming itself from a business with ...
  • Serkin, Christopher (Brigham-Kanner Property Rights Conference Journal, 2013)
    This Essay, prepared for the 2012 Brigham-Kanner Property Rights Conference, argues that social obligation theories in property generate previously unrecognized obligations on the State. Leading property scholars, like ...
  • Jones, Owen D.; Robinson, Paul H.; Kurzban, Robert (Chicago Law Review, 2010)
    Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our ...
  • Jones, Owen D. (Northwestern University Law Review, 2001)
    A flood of recent scholarship explores legal implications of seemingly irrational behaviors by invoking cognitive psychology and notions of bounded rationality. In this article, I argue that advances in behavioral biology ...
  • Jones, Owen D.; Mobbs, Dean; Lau, Hakwan C.; Frith, Christopher D. (PLoS Biology, 2007)
    This article addresses new developments in neuroscience, and their implications for law. It explores, for example, the relationships between brain injury and violence, as well as the connections between mental disorders ...
  • Jones, Owen D.; Ginther, Matthew R.; Bonnie, Richard J.; Hoffman, Morris B.; Shen, Francis X.; Simons, Kenneth W.; Marois, Rene (The Journal of Neuroscience, 2016)
    The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. ...
  • Miller, Spring (Clinical Legal Education Association, 2019)
    As a relatively new externship instructor, I spend a lot of time thinking about externships – what they mean for our students, what they add to the clinical curriculum and law school curriculum more broadly, and how best ...
  • Mikos, Robert A.; Kam, Cindy D. (PLoS One, 2019)
    Over the past two decades, a growing cadre of US states has legalized the drug commonly known as “marijuana.” But even as more states legalize the drug, proponents of reform have begun to shun the term “marijuana” in favor ...
  • Sherry, Suzanna (Texas Law Review, 2019)
    A fixed eighteen-year term for Supreme Court Justices has become a popular proposal with both academics and the general public as a possible solution to the countermajoritarian difficulty and as a means for depoliticizing ...
  • Serkin, Christopher (Southern California Law Review, 2019)
    For the past century, property rights-and in particular development rights-have been circumscribed and largely defined by comprehensive local land use regulations. As any student of land use knows, zoning across the country ...
  • Rose, Amanda M. (Vanderbilt Law Review, 2019)
    The Dodd-Frank Act provides that SEC whistleblower awards must equal not less than 10 and not more than 30 percent of the monetary penalties collected in the action to which they relate; SEC Rule 21F-6 provides criteria ...
  • Rogal, Lauren (Seton Hall Law Review, 2019)
    The Tax Cuts and Jobs Act of 2017 (“TCJA”) reformed charity executive compensation for the first time in decades, introducing an across-the-board excise tax on compensation over $1 million.1 Its enactment represents a ...
  • McKanders, Karla (Conversation, 2019)
    I sat in a small room in Tijuana, Mexico with a 13-year-old indigenous Mayan Guatemalan girl. She left Guatemala after a cartel murdered her friend and threatened to rape her. Her mother wanted her to live and believed ...
  • Sitaraman, Ganesh; Epps, Daniel (Yale Law Journal, 2019)
    The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and represents a stunning Republican victory ...
  • Skiba, Paige Marta; Tobacman, Jeremy (Journal of Law and Economics, 2019)
    An estimated ten million American households borrow on payday loans each year. Despite the prevalence of these loans, little is known about the effects of access to this form of short-term, high-cost credit. We match ...
  • Slobogin, Christopher (Actual Problems of Economics and Law, 2019)
    Databases are full of personal information that law enforcement might find useful. Government access to these databases can be divided into five categories: suspect-driven; profile-driven; event-driven; program-driven and ...
  • Slobogin, Christopher (Texas Tech Law Review, 2019)
    This Article honors three of Professor Arnold Loewy's articles. The first, published over thirty years ago, is entitled Culpability, Dangerousness, and Harm: Balancing the Factors on Which Our Criminal Law is Predicated,' ...
  • Stack, Kevin M. (Iowa Law Review, 2019)
    This Article argues that the principle relied upon in King v. Burwell that courts "cannot interpret statutes to negate their stated purposes"-the enacted purposes canon-is and should be viewed as a bedrock element of ...
  • Clarke, Jessica (Texas Law Review Online, 2019)
    The Supreme Court will soon decide whether, under Title VII of the Civil Rights Act of 1964, it is discrimination “because of sex” to fire an employee because of their sexual orientation or transgender identity. There’s a ...
  • Clarke, Jessica (Columbia Law Review, 2019)
    In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that ...

View more