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Legal Deserts, Lauren Sudeall, Lise R. Pruitt, Danielle M. Conway, Michele Statz, Hannah Haksgaard, Amanda L. Kool
Legal Deserts, Lauren Sudeall, Lise R. Pruitt, Danielle M. Conway, Michele Statz, Hannah Haksgaard, Amanda L. Kool
Vanderbilt Law School Faculty Publications
Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …
The Idea Of "The Criminal Justice System", Sara Mayeux
The Idea Of "The Criminal Justice System", Sara Mayeux
Vanderbilt Law School Faculty Publications
The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the phrase. However, this way of describing and thinking about police, courts, jails, and prisons, as a holistic "system, " became pervasive only in the 1960s. This essay contextualizes the idea of "the criminal justice system" within the longer history of systems theories more generally, drawing on recent scholarship in intellectual history and the history of science. The essay then recounts how that longer history converged, …
Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen
Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen
Vanderbilt Law Review
Nathan Richardson 64 Vand. L. Rev. 1853 (2011) Although the causes of the Deepwater Horizon spill are not yet conclusively identified, significant attention has focused on the safety-related policies and practices-often referred to as the safety culture-of BP and other firms involved in drilling the well. This Article defines and characterizes the economic and policy forces that affect safety culture and identifies reasons why those forces may or may not be adequate or effective from the public's perspective. Two potential justifications for policy intervention are that: (1) not all of the social costs of a spill may be internalized by …
Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program--A Catalyst For Advancing Science And Policy, J.B. Ruhl, James Salzman, Iris Goodman
Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program--A Catalyst For Advancing Science And Policy, J.B. Ruhl, James Salzman, Iris Goodman
Vanderbilt Law School Faculty Publications
On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts to aquatic resources the Corps permits under Section 404 of the Clean Water Act (Section 404). Prior to the rule, the Section 404 compensatory mitigation program had been administered under a mish-mash of guidances, inter-agency memoranda, and other policy documents issued over the span of 17 years. A growing tide of policy and science scholarship criticized the program's administration as not accounting for the potential redistribution of ecosystem services that …
A Coherent Policy Proposal For U.S. Residence-Based Taxation Of Individuals, Cynthia Blum, Paula N. Singer
A Coherent Policy Proposal For U.S. Residence-Based Taxation Of Individuals, Cynthia Blum, Paula N. Singer
Vanderbilt Journal of Transnational Law
Taxation of the worldwide income of U.S. citizens has been a feature of the U.S. income tax since the Revenue Act of 1913. This Article proposes that the United States abandon its imposition of income tax based on citizenship and institute a new system for taxing individuals based solely on residence. This includes (1) a revised definition of "residency status" that would be based on physical presence and be monitored through an entry-exit system, (2) a proposal for an exit tax imposed on termination of residence with respect to unrealized appreciation accrued during the period of residence, and (3) new …
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Vanderbilt Law Review
Over the past quarter century, the concept of "adaptive preferences" has played an important role in debates in law, economics, and political philosophy. As Professor Jon Elster has described this psychological phenomenon, "people tend to adjust their aspirations to their possibilities." A number of prominent scholars have argued that the existence of adaptive preferences "raises serious problems for neoclassical economics and for unambivalent enthusiasm for freedom of choice." Because our current preferences are constrained by the opportunities available to us, proponents of adaptive preference theory contend, those preferences may not be the best guide to what is in our interests; …
The "Printed Publication" Bar After Klopfenstein: Has The Federal Circuit Changed The Way Professors Should Talk About Science?, Sean B. Seymore
The "Printed Publication" Bar After Klopfenstein: Has The Federal Circuit Changed The Way Professors Should Talk About Science?, Sean B. Seymore
Vanderbilt Law School Faculty Publications
Would-be infringers target university patents because faculty inventors are more likely to make inadvertent disclosures than industrial inventors, possibly because of the importance of quick disclosure and publishing in academic science. In Klopfenstein, the Federal Circuit held that the posting of lecture slides after a talk triggered the printed publication bar of the patent statute. First, I argue (contrary to other commentators) that the Federal Circuit is consistent with prior precedent; that the public accessibility and dissemination inquiries should rest on substance rather than form. The focus of the § 102(b) inquiry remains on the inventor, who should lose the …
Toward A Consultative Relationship Between The United Nations And Non-Governmental Organizations?, Michael M. Gunter
Toward A Consultative Relationship Between The United Nations And Non-Governmental Organizations?, Michael M. Gunter
Vanderbilt Journal of Transnational Law
What do consultative relationships entail? What has been the impact on United Nations policies? What has gone wrong? Why has the consultative relationship failed to live up to expectations? What are the chances for ameliorating the present malaise and moving towards a new, reinvigorated consultative relationship? This article will address these questions now being raised in the current discussions about revitalizing ECOSOC.
Overlapping Coverages In Liability Contracts; Subrogation, John A. Appleman
Overlapping Coverages In Liability Contracts; Subrogation, John A. Appleman
Vanderbilt Law Review
Within the last twenty-five years, approximately, a considerable transition has taken place in approaching the coverages of automobile policies. At one time, liability insurers used to require their policy-holders to pledge that they did not carry other insurance of like character. It is difficult to understand why this situation ever arose. It may have been an outgrowth of fire coverages, or health and accident provisions, in which a moral hazard actually might exist where excessive protection is carried. Thereafter, instead of making this a matter of warranty, policies frequently provided that in the event there should be any other valid …
Federal Support Of Domestic Atomic Power Development -- The Policy Issues, James L. Morrisson
Federal Support Of Domestic Atomic Power Development -- The Policy Issues, James L. Morrisson
Vanderbilt Law Review
The possibility that controlled nuclear fission could produce useful energy was recognized early in 1939. During World War II developmental effort was focused on production of the bomb. Since the war, the U. S. atomic power program has grown to substantial proportions.By June 30, 1958, there were in operation in the United States one full scale civilian power reactor and seven civilian power reactor experiments, with a total rated electrical capacity of over 77,000 kw, as well as a number of military propulsion reactors and reactor experiments. There are currently planned fourteen power reactors in addition to the one now …