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Articles 31 - 36 of 36
Full-Text Articles in Law
The Endangered Species Act And Private Property: A Matter Of Timing And Location, J.B. Ruhl
The Endangered Species Act And Private Property: A Matter Of Timing And Location, J.B. Ruhl
Vanderbilt Law School Faculty Publications
For all the controversy surrounding the effect of the Endangered Species Act ("ESA") on private property, precious little information has accompanied the heated calls for strengthening or weakening the law's land use proscriptions. Preservationist groups and property rights groups alike depend on staking out higher moral ground and producing "poster child" stories of imperiled species or property owners. The Fish and Wildlife Service ("FWS"), which implements the ESA for most of the listed endangered and threatened species, has compiled reams of data on its administrative functions' in support of its recent efforts through administrative (in lieu of legislative) reform to …
Redistribution Through Discriminatory Taxes: A Contractarian Explanation Of The Role Of The Courts, Erin O'Connor
Redistribution Through Discriminatory Taxes: A Contractarian Explanation Of The Role Of The Courts, Erin O'Connor
Vanderbilt Law School Faculty Publications
What role should courts serve regarding wealth redistribution through tax provisions? Perhaps they should base decisions on efficiency grounds, protecting society from the transactions costs and other wealth reductions associated with rent seeking. Perhaps they should protect those chosen to bear the burden of discriminatory treatment regardless of social costs, out of fairness concerns for equal treatment. At a minimum, however, the courts should prohibit taxes that would be unanimously condemned ex ante. In this Article, we show, primarily with cases treating progressive taxation, discriminatory property taxes, and taxes on businesses, that the courts have chosen only this third minimalist …
Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch
Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch
Vanderbilt Law School Faculty Publications
Women have largely been excluded from analyses of compensating differentials for job risk since they are predominantly employed in safer, white-collar occupations. New data reveal that their injury experience is considerable. One-third of the total injury and illness cases with days away from work accrue to female workers. Adjusted for employment, women are 71 percent as likely as men to experience an injury or illness. As one would predict on theoretical grounds, these risks generate compensating differentials. Based on gender-specific injury incidence rates for both industry and occupation, I find strong evidence of compensating wage differentials for the job risk …
No Cure For A Broken Heart, Daniel J. Sharfstein
No Cure For A Broken Heart, Daniel J. Sharfstein
Vanderbilt Law School Faculty Publications
Davis filed a 42 U.S.C. § 1983 suit pro se for the violation of his constitutional right to privacy, seeking $1.5 million in compensatory and punitive damages. The district court dismissed the claim sua sponte, relying on a section of the newly enacted Prison Litigation Reform Act (PLRA), entitled "Limitation on Recovery": "No Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury." Davis challenged this physical injury requirement on equal protection grounds, but in "Davis …
The Irony Of Deregulatory Takings, Jim Rossi
The Irony Of Deregulatory Takings, Jim Rossi
Vanderbilt Law School Faculty Publications
This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …
Silencing Nullification Advocacy Inside The Jury Room And Outside The Courtroom, Nancy J. King
Silencing Nullification Advocacy Inside The Jury Room And Outside The Courtroom, Nancy J. King
Vanderbilt Law School Faculty Publications
Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification power to acquit defendants who face sentences that jurors view as too harsh, who have been subjected to what jurors consider to be unconscionable governmental action, who have engaged in conduct that jurors do not believe is culpable, or who have harmed victims whom jurors consider unworthy of protection. Recent reports suggest jurors today are balking in trials in which a conviction could trigger a "three strikes" or …