Digital Commons Network^™

Millenium Speech, Hon. Stephen Reinhardt

Journal of Law and Policy

No abstract provided.

The Societal Value Of Prescription Drug Advertisements In The New Millenium: Targeted Consumers Become The Learned, Caroline L. Nadal

Journal of Law and Policy

No abstract provided.

Resolving The Conflict Between Two Visions For A Standard Of Review In Erisa Denial Of Benefit Claims, Alison S. Rozbruch

Journal of Law and Policy

No abstract provided.

Substantial Activity And Non-Economic Commerce: Toward A New Theory Of The Commerce Clause, Jason Everett Goldberg

Journal of Law and Policy

No abstract provided.

Monkey Business And Unnatural Selection: Opening The Schoolhouse Door To Religion By Discrediting The Tenets Of Darwinism, Diana M. Rosenberg

Journal of Law and Policy

No abstract provided.

Filial Responsibility Statutes: Legal And Policy Considerations, Seymour Moskowitz

Journal of Law and Policy

No abstract provided.

Miller Versus Texas: Police Violence, Race Relations, Capital Punishment, And Gun-Toting In Texas In The Nineteenth Century - And Today, Cynthia Leonardatos, David P. Kopel, Stephen P. Halbrook

Journal of Law and Policy

No abstract provided.

Justice For The "Forgotten Victims": U.S. Survivors Of The Holocaust, Hon. Delissa A. Ridgeway

Journal of Law and Policy

No abstract provided.

Changing With The Times: Why Rampant School Violence Warrants Legalization Of Parental Wiretapping To Monitor Children's Activities, Alison S. Aaronson

Journal of Law and Policy

No abstract provided.

The Technological Sniffing Out Of Constitutional Rights: Assessing The Constitutionality Of The Passive Alcohol Sensor Iii, Kim Han

Journal of Law and Policy

No abstract provided.

Lock Them Up And Throw Away The Key: How Washington's Violent Sexual Predator Law Will Shape The Future Balance Between Punishment And Prevention, Sarah E. Sperling

Journal of Law and Policy

No abstract provided.

The Supreme Court Endorses "Invidious Discrimination": Boy Scouts Of America V. Dale Creates A Constitutional Right To Exclude Gay Men, Christopher C. Fowler

Journal of Law and Policy

No abstract provided.

From Johnson To Nixon: Narrative Shifts In Gay Male Pornography, Jeremiah Smith

Reconstruction: Studies in Contemporary Culture

[First paragraph]

In Culture Clash: The Making of Gay Sensibility, Michael Bronski argues that dramatic differences occurred in gay male pornographic magazines around the 1969 Stonewall Riots in New York City. With a sample of gay male print pornography my partner and I have collected, ranging from 1966 to 1970, this article will explore the differences proposed by Bronski and ultimately prove their truth. On the surface, it does appear that the magazines prior to 1969 attempt to masquerade their gay prurience while the artifacts published after 1969 had shed the shame and secrecy of the closet rejoiced in …

Text And Revelation-George Fox's Use Of The Bible, Ronald D. Worden

Quaker Religious Thought

No abstract provided.

Elizabeth Bathhurst And Truths Vindication , Mary Garmen

Quaker Religious Thought

No abstract provided.

Reading Scripture With Dorothy White, Michael Birkel

Quaker Religious Thought

No abstract provided.

Court Fixing, Tracey E. George

Vanderbilt Law School Faculty Publications

This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic experience on judges. Researchers have not focused much attention on the importance of a judge's background as a full-time law professor and legal scholar, although more than thirteen percent of courts of appeals appointees were former law professors. Franklin Roosevelt and Ronald Reagan both viewed the federal judiciary (particularly the Supreme Court and the Courts of Appeals) as integral to their policy agendas, and both further believed that …

Paradoxes Of Fair Division, Paul H. Edelman, Steven J. Brams, Peter C. Fishburn

Vanderbilt Law School Faculty Publications

Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet paradox, which is the discovery by the Marquis de Condorcet that there may be no alternative that is preferred by a majority to every other alternative, producing so-called cyclical majorities. Its modern extension and generalization is Arrow's theorem, which says, roughly speaking, that a certain set of reasonable conditions for aggregating individuals' preferences into some social choice are inconsistent. In the last fifty years, hundreds of books …

Evolutionary Analysis In Law: Some Objections Considered, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article appears in a special issue of the Brooklyn Law Review on DNA: Lessons from the Past - Problems for the Future. It first addresses why law needs insights from behavioral biology, and then identifies and responds to a variety of structural and conceptual barriers to such evolutionary analysis in law.

Should Shareholders Have A Greater Say Over Executive Pay??, Randall S. Thomas, Brian R. Cheffins

Vanderbilt Law School Faculty Publications

Executive pay arrangements in Britain's publicly quoted companies have been subjected to much criticism in recent years. Proposals that shareholders should have a greater direct say over managerial remuneration have been a by-product of the concerns expressed. Debate on this point, however, has been largely speculative. This is because there is little evidence available in the United Kingdom indicating how shareholders would exercise any new powers they might be given. This paper addresses the evidentiary gap by drawing upon the experience in the United States, where empirical work indicates that shareholder voting only operates as a potential check when pay …

Getting Past Democracy, Edward L. Rubin

Vanderbilt Law School Faculty Publications

The tension between our concept of democracy and the government we actually possess is well known, despite our insistent efforts to claim that the term "democracy" accurately describes our governmental system. One area where this tension has been apparent is American constitutionalism. The conflict between our concept of democracy and the institution of judicial review became a political issue when the Supreme Court placed itself in opposition to Progressive Era and New Deal legislation. This same conflict subsequently served as a central concern of the Legal Process School, which indelibly characterized it as the "counter-majoritarian difficulty."' The more far-reaching and …

Director Accountability And The Mediating Role Of The Corporate Board, Margaret M. Blair

Vanderbilt Law School Faculty Publications

One of the most pressing questions facing both corporate scholars and business people today is how corporate directors can be made accountable. Before addressing this issue, however, it seems important to consider two antecedent questions: To whom should directors be accountable? And for what? Contemporary corporate scholarship often starts from a "shareholder primacy" perspective that holds that directors of public corporations ought to be accountable only to the shareholders, and ought to be accountable only for maximizing the value of the shareholders' shares. This perspective rests on the conventional contractarian assumption that the shareholders are the sole residual claimants and …

The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible citizens who applied these formulas to a series of legal cases. Few respondents assessed the correct values of punitive damages from the standpoint of deterrence. Anchoring effects of appeals by a plaintiffs lawyer or media coverage of similar awards lead respondents to abandon the punitive damages formula and set punitive damages based on the anchor. Minorities and the less well educated were particularly unwilling or unable to apply the recommended punitive …

Too Clever By Half: The Problem With Novelty In Constitutional Law, Suzanna Sherry

Vanderbilt Law School Faculty Publications

As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism and the Sense of Difficulty", 95 NW. U. L. Rev. 845 (2001) ] Indeed, one might say that reconciling judicial review and democratic institutions is the goal of almost every major constitutional scholar writing today, including Bennett himself. I have suggested elsewhere that scholars as diverse as Richard Epstein, Antonin Scalia, and Robert Bork on the one hand, and Akhil Amar, Bruce Ackerman, and Ronald Dworkin on the other, are all motivated by a desire to …

Brain Plasticity And Spanish Moss In Biolegal Analysis, Erin O'Connor

Vanderbilt Law School Faculty Publications

The field of law and biology is growing rapidly, and the good scholarship typically has much to do with Owen Jones... The general message that Professor Jones disseminates in his articles is important. Law cannot reach peak effectiveness unless it is built on a sound behavioral model, and no model of human nature is ultimately sound unless it is consistent with the insights from behavioral biology. And the beauty of behavioral biology, for one who uses behavioral models, is that it tells us something about human tastes, preferences, and cognitive biases and limitations.

Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law producing state. Using law reform in Eritrea as a case study, the article asks what will happen in the United States when we become the recipient, rather than the exporter, of maladapted laws that serve the purpose of others instead of serving the unique needs of the United States and its economy.

Bibliography Of Tax Articles In High Prestige Non-Specialized Law Journals: A Comparison Of Australia, Britain, Canada And The United States 1954-2001, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The bibliography surveys all tax articles (but not Notes) from 1954 to 2001 in high prestige law journals in the United States, United Kingdom, Australia and Canada. The bibliography compares number of articles produced in each country and also shows what areas of interest dominate in each market. For example, Canadian journal produce more scholarship on Comparative Taxation while Australian journals are more likely to publish in the area of Evasion and Avoidance.

Essential Elements, Nancy J. King, Susan Riva Klein

Vanderbilt Law School Faculty Publications

The Court has struggled for well over a century with the issue of who has final authority to define what is a "crime" for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just as labeling an action "civil" may allow the government to circumvent constitutional criminal procedure entirely, so labeling a fact an "affirmative defense" or a "sentencing factor" instead of an element of the offense may allow the government to escape constitutional criminal procedure selectively, bypassing the burden of proof, pleading, and jury requirements that would otherwise apply to an offense element. In its decision …

Damage Awards In Perspective: Behind The Headline-Grabbing Awards In Exxon Valdez And Engle, Theodore Eisenberg

Cornell Law Faculty Publications

Large punitive damages awards in tobacco litigation, the Exxon Valdez oil spill case, and other cases dominate the public perceptions about damages. These large awards and the mass of compensatory awards can be best understood in relation to other awards. In fact, total awards in tried contract cases have risen faster than tort awards. In the highly visible world of large punitive damages awards, the Exxon Valdez award fits well within the traditional pattern of punitive awards. The largest punitive award, that against the tobacco industry in Engle, is best understood against the background of the tobacco industry's national …

Ups And Downs Of Mucosal Cellular Immunity Against Protozoan Parasites, Lloyd H. Kasper, Dominique Buzoni-Gatel

Dartmouth Scholarship

No abstract provided.