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Articles 31 - 38 of 38
Full-Text Articles in Law
Contracting For An Expanded Scope Of Judicial Review In Arbitration Agreements, Tom Cullinan
Contracting For An Expanded Scope Of Judicial Review In Arbitration Agreements, Tom Cullinan
Vanderbilt Law Review
Arbitration is generally defined as a process in which parties voluntarily agree to submit a dispute to an impartial third person called an arbitrator,' who is often selected by the parties and is empowered to make a decision based on the evidence and the parties' arguments. Because of its contractual nature, arbitration claims a central role in settling today's commercial disputes. By structuring the agreement to fit their needs, parties can tailor the arbitration agreement to provide significant advantages over other forms of dispute resolution. For example, arbitration is generally faster, cheaper, and more private than litigation. The parties can …
Gray Power In The Gray Area Between Employer And Employee: The Applicability Of The Adea To Members Of Limited Liability Companies, Alan R. Haguewood
Gray Power In The Gray Area Between Employer And Employee: The Applicability Of The Adea To Members Of Limited Liability Companies, Alan R. Haguewood
Vanderbilt Law Review
The American populace is aging.' At the same time, modern medicine enables Americans to remain productive members of the workforce for a longer period of time. The confluence of these two trends augurs increased use of the Age Discrimination in Employment Act ("ADEA), as companies try to force aging employees to retire despite their prolonged productivity. Another trend within the past decade has been the rise of various hybrid corporate forms that combine the beneficial aspects of partnerships and corporations, one example of which is the limited liability company ("LLC"). This increase in the number of different types of corporate …
Asserting Copyright's Democratic Principles In The Global Arena, Neil W. Netanel
Asserting Copyright's Democratic Principles In The Global Arena, Neil W. Netanel
Vanderbilt Law Review
In a seeming blink of an eye, international bodies applying international law have effectively become the arbiters of domestic copyright law. World Trade Organization ("WTO") dispute settlement panels may now determine whether a nation's copyright law comports with the newly adopted Agreement on Trade-Related Aspects of Intellectual Property ("TRIPS"),' and may authorize trade sanctions upon a finding of non-compliance. Of like import, the United Nations' World Intellectual Property Organization ("WIPO") increasingly serves as a favored venue for copyright industry and user groups to further their legislative agendas. Recent WIPO treaties have accordingly set the tone for proposed domestic legislation designed …
Chilling Child Abuse Reporting: Rethinking The Capta Amendments, Caroline T. Trost
Chilling Child Abuse Reporting: Rethinking The Capta Amendments, Caroline T. Trost
Vanderbilt Law Review
On a December night in 1993, Gregory Bryant-Bruce, age six months, was rushed to Vanderbilt University Medical Center Emergency Room for treatment of severe anemia, shock, and abnormally low hematocrit.' A CT scan revealed brain hemorrhaging, and a physical examination showed retinal hemorrhages of varying ages. Retinal bleeding in a young child is almost always caused by traumatic injury, and is considered to be a classic sign of "Shaken Impact Syndrome" ("SIS"), a life-threatening and relatively common form of child abuse. Thus, on the basis of Gregory's symptoms and the in- adequacy of his parents' explanation of his injuries, Gregory's …
Primum Non Nocere: The Expanding "Honest Services" Mail Fraud Statute And The Physician-Patient Fiduciary Relationship, Gregory D. Jones
Primum Non Nocere: The Expanding "Honest Services" Mail Fraud Statute And The Physician-Patient Fiduciary Relationship, Gregory D. Jones
Vanderbilt Law Review
In one case, a physician refers a patient to a certain hospital in return for an undisclosed referral fee from the hospital. In another, a physician decides not to refer a patient to a specialist for further examination. The physician, however, does not disclose to the patient that part of the cost of sending the patient to the specialist would come out of the physician's potential earnings. In the previous examples, has the physician breached her fiduciary duty to the patient by not disclosing her own financial interest in the patient's treatment? If so, the physician could be guilty of …
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 …
Behavioral Economics Analysis Of Redistributive Legal Rules, Christine Jolls
Behavioral Economics Analysis Of Redistributive Legal Rules, Christine Jolls
Vanderbilt Law Review
This Essay offers a behavioral economic analysis of redistributive legal rules. Redistributive legal rules are rules chosen for their effects in shifting wealth from high-income to low-income individuals(progressive redistribution). The desirability of such rules has been the subject of intense debate within the legal community. Many law and economics scholars have urged that legal rules be chosen solely with an eye towards Kaldor-Hicks efficiency (which I will call simply "efficiency" for the remainder of this Essay); these scholars often urge that distributional considerations be addressed (if they are to be addressed at all) exclusively through the tax and welfare systems. …
Rights, Wrongs, And Recourse In The Law Of Torts, Benjamin C. Zipursky
Rights, Wrongs, And Recourse In The Law Of Torts, Benjamin C. Zipursky
Vanderbilt Law Review
Cardozo's opinion in Palsgraf v. Long Island Railroad Co.' hinges on a stark assertion about rights and wrongs: A plaintiff has no right of action unless she can show "'a wrong' to herself; i.e., a violation of her own right." Cardozo himself made this principle the core of his analysis, yet scholars typically regard it as impenetrable, circular, vacuous, or, as Posner put it, "eloquent bluff." Small wonder, then, that readers typically turn to "reasonable foreseeability" as the essence of the case. Leading scholars treat Palsgraf as a proximate cause case, despite Cardozo's pronouncement that "W[the law of causation, remote …