Law Commons^™

Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel

Vanderbilt Law Review

This inquiry argues that current Tenth Amendment jurisprudence causes net harm to federalism values under certain circumstances. Specifically, New York v. United States and Printz v. United States protect state autonomy to some extent by requiring the federal government to internalize more of the costs of federal regulation before engaging in regulation. But anticommandeering doctrine harms state autonomy in situations where the presence of the rule triggers more preemption going forward. Preemption generally causes a greater compromise of federalism values than does commandeering by eroding state regulatory control.

While it is a context-sensitive empirical question whether specific applications of the …

Celebrities In The Courtroom: Legal Responses, Psychological Theory And Empirical Research, Jared Chamberlain, Monica K. Miller, Alayna Jehle

Vanderbilt Journal of Entertainment & Technology Law

This article sets out to answer a basic question about celebrities in the legal system: does celebrity status influence the outcome of a trial? Part I focuses on the legal aspects surrounding the treatment of celebrities in the courtroom. For example, there is some evidence that celebrities receive preferential treatment in court, while there is other evidence that celebrities are held to higher standards than non-celebrities. Part II examines psychological theories suggesting that status and authority influence jurors' decision-making processes. In Part III, a review of relevant past psychological research provides an empirical basis to make conclusions about celebrity influence …