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Articles 1 - 29 of 29
Full-Text Articles in Entire DC Network
On The Defensive: Analyzing Insurers' Duty To Defend Pharmaceutical Companies For Contributing To The Opioid Epidemic, Madison Perry
On The Defensive: Analyzing Insurers' Duty To Defend Pharmaceutical Companies For Contributing To The Opioid Epidemic, Madison Perry
Vanderbilt Law Review
Opioids have had a devastating impact on the United States. They have drained governmental agencies’ resources, decreased property values, and destroyed families and entire communities. A growing number of individuals, local governments, and states have filed lawsuits, aiming to hold pharmaceutical companies accountable for their negligent contributions to the epidemic. Such manufacturers, distributors, and retailers have called upon their insurers, asserting that their commercial general liability policies demand an insurer- backed and bankrolled defense. Courts are divided in their interpretation of the language contained within the at-issue policies. Some consider the claims made by certain states and local governments to …
The Emerging Jurisprudence Of The African Human Rights Court And The Protection Of Human Rights In Africa, John M. Mbaku, Professor Of Economics
The Emerging Jurisprudence Of The African Human Rights Court And The Protection Of Human Rights In Africa, John M. Mbaku, Professor Of Economics
Vanderbilt Journal of Transnational Law
During most of the post-independence period, many African countries have either been unwilling or unable to protect human rights or relegated this important function to a small group of poorly funded but brave and courageous non-state actors. Most importantly, some African governments have either actively engaged in human rights violations or failed to bring to justice those who have committed atrocities against their fellow citizens. In the 1970s and 1980s, many African heads of state were more concerned with national sovereignty in an effort to hide the violation of human rights committed within their jurisdictions than participating in the building, …
Religion As Disobedience, Xiao Wang
Religion As Disobedience, Xiao Wang
Vanderbilt Law Review
Religion today offers plaintiffs a ready path to disobey laws without consequence. Examples of such disobedience abound. In the past few years alone, courts have enjoined vaccine mandates, invalidated stay-at-home orders, and set aside antidiscrimination laws protecting same-sex couples. During the 2021-2022 Term, plaintiffs relied once again on free exercise to subvert laws governing public education, capital punishment, and school prayer. Some hospitals have begun denying fertility treatment to LGBTQ employees on this same basis.
How did religion become a skeleton key for lawbreaking without repercussion? The conventional wisdom is that, after decades of neglect, the Supreme Court finally began …
Courts Without Court, Andrew G. Ferguson
Courts Without Court, Andrew G. Ferguson
Vanderbilt Law Review
What role does the physical courthouse play in the administration of criminal justice? This Article uses recent experiments with virtual courts to reimagine a future without criminal courthouses at the center. The key insight of this Article is to reveal how integral physical courts are to carceral control and how the rise of virtual courts helps to decenter power away from judges. This Article examines the effects of online courts on defendants, lawyers, judges, witnesses, victims, and courthouse officials and offers a framework for a better and less court-centered future. By studying post-COVID-19 disruptions around traditional conceptions of place, time, …
The Overreach Of Limits On 'Legal Advice', Lauren Sudeall
The Overreach Of Limits On 'Legal Advice', Lauren Sudeall
Vanderbilt Law School Faculty Publications
Nonlawyers, including court personnel, are typically prohibited from providing legal advice. But definitions of “legal advice” are unnecessarily broad, creating confusion, disadvantaging self-represented litigants, and possibly raising due process concerns. This Essay argues for a narrower, more explicit definition of legal advice that advances, rather than undercuts, access to justice.
Foreign Hard Look Review, Ganesh Sitaraman
Foreign Hard Look Review, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
For decades, courts and scholars have been engaged in a protracted and largely polarized debate over a seemingly simple question: how should courts address cases that implicate foreign affairs? On the one hand are those who seek expansive deference to the Executive's conduct offoreign affairs. On the other are those who argue that the courts must enforce the rule of law in foreign affairs cases lest they abdicate their responsibility to keep the Executive in check This Article provides an alternative approach to the judicial role in foreign relations cases--one that navigates between judicial abdication and judicial entanglement. It argues …
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
Vanderbilt Law School Faculty Publications
Professor Haley is an outstanding international and comparative law scholars, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and decreases public safety, transfer should be abolished. It also argues that the diminished culpability rationale that has had much-deserved success at eliminating the juvenile death penalty and mandatory life without parole for juveniles is not likely to have a major impact on the much more prevalent practices of transferring mid- and older-adolescents to adult court and expanding adult court jurisdiction to adolescents; neither the law …
The New Old Legal Realsim, Tracey E. George, Mitu Gulati, Ann C. Mcginley
The New Old Legal Realsim, Tracey E. George, Mitu Gulati, Ann C. Mcginley
Vanderbilt Law School Faculty Publications
Judges produce opinions for numerous purposes. A judicial opinion decides a case and informs the parties whether they won or lost. But in a common law system, the most important purpose of the opinion, particularly the appellate opinion, is to educate prospective litigants, lawyers, and lower court judges about the law: what it is and how it applies to a specific set of facts. Without this purpose, courts could more quickly and efficiently issue one-sentence rulings rather than set forth reasons. By issuing opinions, courts give actors a means of evaluating whether their actions are within the bounds of law. …
Transmission Siting In Deregulated Wholesale Power Markets: Re-Imagining The Role Of Courts In Resolving Federal-State Siting Impasses, Jim Rossi
Vanderbilt Law School Faculty Publications
During most of the twentieth century, state and local regulatory bodies coordinated the siting or power plants and transmission lines. These bodies focused on two important issues: 1) the determination of need, so as to avoid unnecessary economic duplication of costly infrastructure; and 2) environmental protection, so as to provide local land use and other environmental concerns input on the placement of necessary generation and transmission facilities. With the rise of a deregulated wholesale power market, the issue of need is increasingly determined by the market, not regulators. Environmental concerns with siting, however, frequently remain contested - especially locally - …
The New Frontier Of State Constitutional Law, Jim Rossi, James A. Gardner
The New Frontier Of State Constitutional Law, Jim Rossi, James A. Gardner
Vanderbilt Law School Faculty Publications
In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the federal government, this new approach sees states as co-equals among themselves and between them and the federal government in a collective enterprise of democratic self-governance. This Symposium, organized around the theme of Dual Enforcement of Constitutional Norms, provides the occasion for leading scholars on state constitutional law to take a fresh look at their subject by adopting a vantage point outside of the individualized …
The Restatement Of Torts And The Courts, Jack B. Weinstein
The Restatement Of Torts And The Courts, Jack B. Weinstein
Vanderbilt Law Review
Primarily through tort law the courts compensate those injured by others. Secondary aspects of our work such as deterrence or forcing tortfeasors to pay the full social costs of their activities are minor and collateral. For jurors focusing on compensation, tort law has only two operative elements: damage and cause. It is the law professor and the judge, through decisions on motions and instructions, who are the main Restatement consumers. Emphasizing mass torts, I will make three points relevant to those considering the health of tort law.
First: Tort law in its least inhibitory principle is useful be- cause of …
Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles F. Sabel
Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles F. Sabel
Vanderbilt Law Review
Despite the continuing "war on drugs," the last decade has witnessed the creation and nationwide spread of a remarkable set of institutions, drug treatment courts. In drug treatment court, a criminal defendant pleads guilty or otherwise accepts responsibility for a charged offense and accepts placement in a court-mandated program of drug treatment. The judge and court personnel closely monitor the defendant's performance in the program and the program's capacity to serve the mandated client. The federal government and national associations in turn monitor the local drug treatment courts and disseminate successful practices. The ensemble of institutions, monitoring, and pooling exemplifies …
Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan T. Lee
Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan T. Lee
Vanderbilt Law Review
The Anti-Terrorism and Effective Death Penalty Act of 1996 made wholesale changes to the federal habeas corpus statute. In particular, the statute contains a new section 2254(d), which controls the standards that federal habeas courts must employ when reviewing state convictions. This new provision governing the standards of review applies generally to petitions filed after April 24, 1996, the effective date of the Act. The provision's text, however, is critically ambiguous in several respects. Because most of the federal circuit courts of appeal have not yet settled even basic interpretive questions about section 2254(d), federal district courts and circuit panels …
Kalanke V. Freie Hansestadt Bremen: The Significance Of The Kalanke Decision On Future Positive Action Programs In The European Union, Rebecca Means
Kalanke V. Freie Hansestadt Bremen: The Significance Of The Kalanke Decision On Future Positive Action Programs In The European Union, Rebecca Means
Vanderbilt Journal of Transnational Law
In the landmark case Kalanke v. Freie Hansestadt Bremen, the European Court of Justice held that a German state law giving women an "absolute and unconditional priority" in the labor market was inconsistent with the European Equal Treatment Directive. Although many Europeans vehemently criticized the Kalanke decision initially, the furor now appears to have subsided. As a result of this decision, however, the European Union is currently re-examining equal treatment policies and will likely provide further guidance to Member States attempting to formulate positive action programs.
This Note first discusses the institutions of the European Union as they relate to …
The Payne Of Allowing Victim Impact Statements At Capital Sentencing Hearings, Michael I. Oberlander
The Payne Of Allowing Victim Impact Statements At Capital Sentencing Hearings, Michael I. Oberlander
Vanderbilt Law Review
A teenage boy returns from a night out with his friends to find his home in disarray; furniture is strewn about and valuable belongings are missing. He ventures towards his parents' bedroom, unaware of the horrific scene that he soon will witness. As he enters his parents' bedroom a sudden sense of reality washes over him as he views the scene in the room: his parents are dead on their bed, in inhuman, violently conorted positions, with blood covering the sheets, their bodies, the floor, and the walls. The boy, in shock, reaches for the phone and calls the police. …
Book Review, Graham Hughes
Book Review, Graham Hughes
Vanderbilt Journal of Transnational Law
Decades of conflict with Soviet Russia compelled the West to come up with soothing explanations of the German Nazi past. If Germany was our gallant ally, standing fast in NATO against the menace of Communism, it somehow must be cleansed of any stain of original sin. This has been accomplished by portraying the Nazi years as a monstrous aberration--a characterization naturally fostered and promoted by the Germans themselves. Germany had struggled in the years of the Weimar Republic toward a democratic system and a just society. Under this view of things, a handful of evil maniacs, who incomprehensibly had succeeded …
Aliens' Right To Seek Asylum: The Attorney General's Power To Exclude "Security Threats" And The Role Of The Courts, Mary S. Miller
Aliens' Right To Seek Asylum: The Attorney General's Power To Exclude "Security Threats" And The Role Of The Courts, Mary S. Miller
Vanderbilt Journal of Transnational Law
The United States Court of Appeals for the Second Circuit is the only circuit court to analyze the relationship between section 235(c) and section 243(h), as amended by the Refugee Act. In "Azzouka v. Sava," the court resolved the apparent conflict between the two acts by holding that if the Attorney General determines that an alien is a security threat, that alien may be excluded without a hearing before an immigration judge despite the fact that the alien has requested political asylum."
This Note examines the interrelationship between sections 235(c) and 243(h) by analyzing the legislative, judicial, and administrative interpretations …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
West's Law & Commercial Dictionary in Five Languages
West Publishing Company, 1985. Pp. xvi, 885, 899.
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Flags of Convenience
By B.N. Metaxes
Aldershot, England and Brookfield, Vermont
Gower Publishing Company, 1985. Pp.x, 107.
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External Debt Management
Edited by Hassanali Mehran
Washington, D.C.: International Monetary Fund, 1985. Pp. v, 322.
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Adjustment, Conditionality, and International Financing
Edited by Joaquin Muns
Washington, D.C.: International Monetary Fund, 1984. Pp. xi, 214.
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Non-Appearance Before the International Court of Justice
By H.W.A. Thirlway
Cambridge: Cambridge University Press, 1985. Pp. v, 184.
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William Sheppard, Cromwell's Law Reformer
By Nancy L. Matthews
London: …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Books Received
Consensus and Confrontation: The United States and the Law of the Sea Convention
By Jon M. Van Dyke.
Honolulu: The Law of the Sea Institute, University of Hawaii, 1985. Pp. x, 576. $29.50
Free Flow of Information; A New Paradigm. By Achal Mehra
Westport, Connecticut: Greenwood Press, 1986. Pp. xiii, 225. $32.95
The Fund Agreement in the Courts, Volume III. By Joseph Gold Washington, D.C.: International Monetary Fund, 1986. Pp. xvi, 841.$45.00
A Standard for Justice; A Critical Commentary on the Proposed Bill of Rights for New Zealand
By Jerome B. Elkind and Antony Shaw
New York: Oxford …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Case Digest--
Spouse of Injured Seaman May Recover Damages for Loss of Society under Maritime Common Law
Federal District Court Lacks Jurisdiction under 28 U.S.C. § 1350 over Fraud Action Brought by Alien when Claim Fails to Implicate a Treaty or Body of Rules Governing Relations between Foreign States
Jurisdiction under the Foreign Sovereign Immunities Act Requires at Least a Finding of International Shoe "Minimum Contacts"
Appellate Court will not Review the Post-Settlement Appeal of a Pre-Settlement Provisional Remedy without District Court Consideration of the Intervening Events
Foreign States are Subject to Liability for Non-Commercial Torts arising from the Commercial …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
AIR CHARTER REGULATION
By Jaap Kamp
New York: Praeger Publishers, 1976. Pp. 162. $16.50.
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ANATOMY OF INTERNATIONAL LAW
By J.G. Merrills
London: Sweet& Maxwell, 1976. Pp. 106. $7.55.
============
AUSTRALIAN LAWYERS AND SOCIAL CHANGE
Edited by David Hambly & John Golding
Sydney: Law Book Company, Ltd., 1976. Pp. 392.$17.50.
================
COLONIAL EMANCIPATION IN THE PACIFIC AND THE CARIBBEAN
By Arnold Leibowitz
New York: Praeger Publishers, 1976. Pp. 221.$20.00.
===============
THE DEVELOPING COMMON MARKET
By John Paxton
Boulder, Colorado: Westview Press, 1976. 3rd edition. Pp. 240. $25.00.
==============
ERSKINE MAY'S PARLIAMENTARY PRACTICE
Edited by Sir David Lidderdale
London: Butterworths, 1976. …
The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers
The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers
Vanderbilt Journal of Transnational Law
Very little is known about the role that courts play in the total political system of a nation. In two recent works Professors Walter Murphy and Joseph Tanenhaus have centered attention on this question and have isolated some of the major functions of courts and developed several working hypotheses concerning these functions. They suggest that one of the major functions of constitutional courts consists of "defining the rules of the political game and determining the boundaries of authority between competing public officials as well as the boundaries between governmental authority and individual liberty." In approving or disapproving the acts of …
Legislation, Law Review Staff
Legislation, Law Review Staff
Vanderbilt Law Review
Admission to the Bar--Legal Profession--Residence Requirements for Student Applicants to the Bar
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Corporations--Bylaws--Allocation of Power Between Shareholders and Directors
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Courts--Administration of Justice--Restricting the Appellate Jurisdiction of Courts of Last Resort
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Nonprofit Corporations--Definition
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Due Process of Law--Constitutionality of the Federal Youth Corrections Act in Its Application to Youthful Criminal Offenders
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Constitutional Law--Legislative Power--Infringement of Constitutional Guaranties by Demands of Legislative Investigating Committees for the Production of Membership Lists
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Courts--Process--Immunity of Nonresident Defendants in Federal Criminal Actions from Service of State Civil Process
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Damages--Installment Verdict in Tort Action
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Domestic Relations--Separation--Suit by Mentally Incompetent Wife
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Interstate Commerce--Hobbs Act--"Robbery" Provision Construed as Requiring Proof of Common Law Elements of Offense
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Taxation--Income--Determination of "Useful Life" of a Business Asset for Purposes of Depreciation
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Taxation--Income--Full Payment of Tax Deficiency as …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
AGENCY--INDEPENDENT CONTRACTOR--"ONE WAY LEASE" EFFECTIVE TO TERMINATE RELATIONSHIP
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COURTS--CIVIL RIGHTS ACT--IMMUNITY OF JUDGE FOR ACTS COMMITTED IN THE EXERCISE OF A JUDICIAL FUNCTION
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COURTS--CONTEMPT--VIOLATION OF COURT RULE BANNING PHOTOGRAPHY
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CRIMINAL LAW--ENTRAPMENT BY STATE OFFICIAL AS A DEFENSE TO FEDERAL PROSECUTION
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DAMAGES--BREACH OF WARRANTY--RECOVERY FOR LOSS OF PROFITS
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FEDERAL COURTS--CHOICE OF LAW--APPLICATION OF ERIE DOCTRINE TO DIVERSITY CASES INVOLVING FEDERAL COMMERCIAL PAPER
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TORTS--BATTERY--CONSENT OF MINOR TO SIMPLE OPERATION AS A DEFENSE
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TORTS--DUTY TO ACT--EMPLOYER'S ASSUMPTION OF A DUTY BY GIVING MEDICAL EXAMINATIONS TO EMPLOYEES
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Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim
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Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers
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Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal
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Domestic Relations--Adoption--Revocation of Consent by Natural Parents
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Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure
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Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court
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Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required
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Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee
Federal Right Jurisdiction And The Declaratory Remedy, Herman L. Trautman
Federal Right Jurisdiction And The Declaratory Remedy, Herman L. Trautman
Vanderbilt Law Review
Why should we have federal district courts? What should be their primary function? These questions are fundamental to the formulation of a rational basis for the distribution of judicial power between state courts and the trial courts of the federal government.
Our American federal system seeks as a constant objective an appropriate division of governmental power between a national unit, which deals with problems requiring uniform treatment, and state units, which have responsibility for problems depending more upon local conditions. Applying the principle to the federal district courts, it seems clear that their primary function should be to adjudicate federal …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Agency--Liability of Master for Servant's Acts--State Permit to Operate
Agency--Possession as Indicia of Ownership
Constitutional Law--Aliens--Detention Where Deportations is Impossible
Courts--Contempt--Delay in Summary Punishment
Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement
Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart
Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price
Income Taxation--Taxable Income--Claim of Right
Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report
Procedure--Statute of Limitations--Retroactive Operation
Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment
Wills--Contest--Interest of Legatee's Representative