Browsing Vanderbilt Law School Faculty Works by Issue Date
Now showing items 1-20 of 1354
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Father and Mother Know Best: Defining the Liability of Physicians for Inadequate Genetic Counseling (Yale Law Journal, 1978)Although genetic disorders have been recognized for centuries, recent advances in the study of human genetics often permit accurate determination of the risk that parents will have genetically defective children.' When ...
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(The Review of Economics and Statistics, 1978)DAM Smith (1937) observed that "the whole of the advantages and disadvantages of the different employments of labor and stock must, in the same neighborhood, be either perfectly equal or continually tending to equality." ...
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(Virginia Law Review, 1979)This article first explores the development of the de facto system of tax exemption and identifies the tensions that led to its demise. The analysis then details the substitution of a statutory structure in place of the ...
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The Changing Meaning of "Gift": An Analysis of the Tax Court's Decision in "Carson v. Commissioner" (Vanderbilt Law Review, 1979)The complexity of detail that characterizes the Internal Revenue Code (Code) has been the subject of intense criticism and only faint praise. Yet, one of the more striking anomalies of the Code is that its often suffocating ...
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(The Review of Economics and Statistics, 1980)Although women quit more both overall and within major occupational groups than do men, this observation is not particularly informative due to the substantial heterogeneity of worker characteristics and job characteristics. ...
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(Stetson Law Review, 1980)The Uniform Land Transactions Act (ULTA) and the Uniform Simplification of Land Transfers Act (USLTA) recently were approved by the National Conference of Commissioners on Uniform State Laws and recommended to the several ...
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The Role of Mental Health Professionals in the Criminal Process: The Case for Informed Speculation (Virginia Law Review, 1980)In this article we have attempted to make the case for continued participation by appropriately qualified mental health professionals in the adjudication of reconstructive subjective issues of the criminal law. In Part I, ...
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Capacity to Contest a Search and Seizure: the Passing of Old Rules and Some Suggestions for New Ones (American Criminal Law Review, 1981)Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted ...
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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, 1983)The existence of a negative relationship between the regulatory burden and capital investments, and consequently productivity,is not controversial. A conventional model of this type is developed in Section I. If, however, ...
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(Law & Contemporary Problems, 1983)The task of valuing accidental injuries and deaths is intrinsically difficult for two reasons. First, unlike standard consumer commodities, individual health is not traded explicitly on the market. It may be traded implicitly ...
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(American Economic Review, 1984)A fundamental issue in the economics of uncertainty is how individuals process information and make choices under uncertainty. In a recent analysis of the findings on risk perception, Kenneth Arrow (1982) concluded that ...
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(AEA Papers and Proceedings, 1984)In 1972 the Food and Drug Administration imposed a protective bottlecap requirement on aspirin and other selected drugs. This regulation epitomizes the technological approach to social regulation. The strategy for reducing ...
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Selective Judicial Activism in the Equal Protection Context: Democracy, Distrust, and Deconstruction (Georgetown Law Journal, 1984)The equal protection clause, ambiguous in its language and its history,' has over the last three decades been transformed from the "last resort of constitutional arguments' into a significant force in shaping the American ...
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(University of Pennsylvania Law Review, 1984)The defendant-first approach advocated in this Article is more difficult to implement than either the current policy admitting any proffered expert testimony or the exclusionary reform advanced by many commentators. It ...
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(Regulation, 1984)The environmental rationale for a detergent phosphate ban is straightforward enough. Phosphates are pollutants because, ironically enough, they are biodegradable. In fact, living things thrive on them. Excessive phosphate ...
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(Journal of Labor Economics, 1984)Contests are situations in which an individual's reward depends on his performance relative to others. Students are graded on a curve; the candidate with the most votes gets the political office; the un- derling who performs ...
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(Southern Economic Journal, 1985)The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic Losses and reasonable attorney fees. Using a Large sample of closed individual ...
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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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(American Economic Review, 1985)There has been increasing interest in whether normative models of individual choice under uncertainty accord with actual behavior. These concerns have been much greater than in other economic contexts because of the ...