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Articles 1 - 18 of 18
Full-Text Articles in Law
Public Values And Private Virtue, Suzanna Sherry
Public Values And Private Virtue, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Professor Novak's article' is a much-needed breath of fresh air, because of both its historical approach and its rejection of a paradigm of pure individualism. Professor Novak eloquently reminds us that constitutional theorists of all political stripes are today both more presentist and more individualist than their predecessors. His paper is a gentle suggestion that we might do well to moderate these modern tendencies. Professor Novak's thorough historical examination persuasively debunks the myth of the early nineteenth century as the constitutional parent of the twentieth. Indeed, his paper shows us that comparing the length of a line and the weight …
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Suzanna Sherry, Daniel A. Farber
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Suzanna Sherry, Daniel A. Farber
Vanderbilt Law School Faculty Publications
Last April, Professors Daniel Farber and Suzanna Sherry published a critique in these pages of the legal storytelling movement. Their legal position has been the subject of several responses, including an essay by Professor William Eskridge in this issue. In reply, Professors Farber and Sherry challenge their critics' reliance on postmodern views such as social constructionism. Social constructionism, according to Farber and Sherry, embraces forms of community that would be destructive to the scholarly enterprise. It also risks conflating scholarship with politics in ways harmful to both. More generally, Farber and Sherry contend, postmodernism lacks any clear lessons for legal …
Psychological Barriers To Litigation Settlement: An Experimental Approach, Chris Guthrie, Russell Korobkin
Psychological Barriers To Litigation Settlement: An Experimental Approach, Chris Guthrie, Russell Korobkin
Vanderbilt Law School Faculty Publications
The traditional economic model of settlement breakdown -- as developed by Priest and Klein -- provides an important first step in understanding why some lawsuits settle and others go to trial. Rational miscalculation undoubtedly pushes some litigants into court who might otherwise reach out-of-court settlement. Absent miscalculation, however, some litigants still find themselves in court. We have presented experimental evidence suggesting that these litigants may proceed to trial because psychological barriers to value maximizing behavior impede their settlement efforts. Indeed, our research empirically grounds the hypothesis that psychological barriers are powerful causal agents of trials. The usefulness of this evidence …
Opening Offers And Out-Of-Court Settlement: A Little Moderation May Not Go A Long Way, Chris Guthrie, Russell Korobkin
Opening Offers And Out-Of-Court Settlement: A Little Moderation May Not Go A Long Way, Chris Guthrie, Russell Korobkin
Vanderbilt Law School Faculty Publications
When two litigants resolve a dispute through out-of-court settlement rather than trial, they realize joint gains of trade equal to the sum of the costs both parties would have incurred had they obtained a trial judgment minus the costs they incur reaching settlement. This opportunity for mutual gain causes most civil lawsuits to settle out-of-court. Yet, in spite of the opportunity for joint gain, negotiations fail in a significant number of lawsuits. One reason for this surprising result is that even when joint gains are substantial and obvious to the litigants, they still must agree on a method of dividing …
Human Health Risk Assessments For Superfund, W. Kip Viscusi, James T. Hamilton
Human Health Risk Assessments For Superfund, W. Kip Viscusi, James T. Hamilton
Vanderbilt Law School Faculty Publications
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is scheduled for reauthorization in the spring of 1995, and Congress must decide either to continue the Superfund program in its current form or to modify it in some manner. Congress cannot sensibly decide how to reauthorize CERCLA without understanding the program's progress toward one of its fundamental missions: the reduction of risks to human health and the environment from uncontrolled hazardous waste sites... This article is structured in six sections. Section I provides background on how risk assessment data are used at Superfund sites.Section II details the construction and organization …
Deterring Inefficient Pharmaceutical Litigation: An Economic Rationale For The Fda Regulatory Compliance Defense, W. Kip Viscusi
Deterring Inefficient Pharmaceutical Litigation: An Economic Rationale For The Fda Regulatory Compliance Defense, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
This Article examines the interaction between direct regulation of pharmaceuticals under the Federal Food Drug and Cosmetic Act (FDCA) and the indirect regulation of pharmaceuticals provided by common law tort incentives. The Article concludes that tort liability is generally inappropriate in cases where manufacturers have complied with the FDCA. The Article begins with a description of the FDCA's operation, and provides an overview of the Food and Drug Administration's (FDA) role in the drug approval process and drug labeling. This overview will demonstrate the need for centralized control over drug labeling. Moreover, we will provide an explanation of the costs …
Mortality Effects Of Regulatory Costs And Policy Evaluation Criteria, W. Kip Viscusi
Mortality Effects Of Regulatory Costs And Policy Evaluation Criteria, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Risk regulations directly reduce risks, but they may produce offsetting risk increases. Regulated risks generate a substitution effect, as individuals' risk-averting actions will diminish. Recognition of these effects alters benefit-cost criteria and the value-of-life estimates pertinent to policy analysis. Particularly expensive risk regulations may be counterproductive. The expenditure level that will lead to the loss of one statistical life equals the value of life divided by the marginal propensity to spend on health. Regulations with a cost of $30 million to $70 million per life saved will, on balance, have a net adverse effect on mortality because of these linkages.
The Effects Of Race-Conscious Jury Selection On Public Confidence In The Fairness Of Jury Proceedings: An Empirical Puzzle, Nancy J. King
The Effects Of Race-Conscious Jury Selection On Public Confidence In The Fairness Of Jury Proceedings: An Empirical Puzzle, Nancy J. King
Vanderbilt Law School Faculty Publications
In "Powers v. Ohio," the Court held that a peremptory challenge based on race violates the equal protection right of the challenged veniremember not to have her opportunities for jury service determined by her skin color. Powers and its progeny have placed defendants in the secondary role of enforcers of jurors' equal protection rights, granting defendants relief whenever jurors' rights are violated. This shift away from litigant rights to juror rights solved some doctrinal problems but created others. One of these problems is the subject of this essay-the task of judging when, if ever, the Constitution permits racial preferences in …
The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born
The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born
Vanderbilt Law School Faculty Publications
The stabilization of the insurance market may lead to lower prices for products and for medical care, but will also generally lead to lower values of tort awards as well. If the social objective was simply to reduce losses, then that objective could be achieved by abolishing tort liability altogether. Our societal concerns are clearly much broader. In the absence of a more detailed assessment of the desirability of the reforms and their effect on injured parties, it would be premature to conclude that reform efforts that were successful in enhancing insurance market profitability should be judged a success from …
Equivalent Frames Of Reference For Judging Risk Regulation Policies, W. Kip Viscusi
Equivalent Frames Of Reference For Judging Risk Regulation Policies, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Although the design of risk regulations has not yet attained what might be termed the economist's ideal of maximizing the difference between benefits and costs, substantial progress has been made in the design of regulatory policy. When the risk regulation agencies began their efforts in the early 1970s, there was widespread concern that something needed to be done to address the important risks that society faces. The substantial optimism with respect to our technological capabilities in reducing risk may have led to a failure to recognize the limits of our risk regulation ventures. Over time, there has been increasing emphasis …
Housework, Wages, And The Division Of Housework Time For Employed Spouses, Joni Hersch, Leslie S. Stratton
Housework, Wages, And The Division Of Housework Time For Employed Spouses, Joni Hersch, Leslie S. Stratton
Vanderbilt Law School Faculty Publications
While the popular press may have declared housework passe with the advent of the two-income household (see "Housework is Obsolescent" by Barbara Ehrenreich [1993] for one such example), the facts indicate that housework continues to consume a substantial amount of time, particularly for women. While estimates vary widely depending on the sample examined and the methods used to generate the information, representative values of housework time range around 6-14 hours per week for men and 20-30 hours for women. Since wages are likely to be influenced both directly and indirectly by the time and effort devoted to other activities, and …
Superfund And Real Risks, W. Kip Viscusi, James T. Hamilton
Superfund And Real Risks, W. Kip Viscusi, James T. Hamilton
Vanderbilt Law School Faculty Publications
An analysis of the Superfund program represents the first systematic effort to document the character of the risks addressed by this legislation, which will in turn determine the total cleanup cost and the degree to which Superfund addresses environmental risks. This analysis is examined.
A Statistical Profile Of Pharmaceutical Industry Liability, 1976-1989, W. Kip Viscusi, Michael J. Moore, James Albright
A Statistical Profile Of Pharmaceutical Industry Liability, 1976-1989, W. Kip Viscusi, Michael J. Moore, James Albright
Vanderbilt Law School Faculty Publications
There is little question that the imposition of constraints on awards and other pro-defendant changes in the liability regime will reduce liability costs. However, the patterns observed in the federal courts are quite pronounced, far beyond what even the most ardent proponent of liability reform may have expected. Recent research analyzing the specific effect of liability reforms on general liability insurance and medical malpractice insurance suggests that these measures did have a significant role in limiting liability costs. 18 Damage cap reforms appear to have been particularly influential. However, the effect on liability insurance costs is not as dramatic as …
Redeeming Judicial Review: The Hard Look Doctrine And Federal Regulatory Efforts To Restructure The Electric Utility Industry, Jim Rossi
Vanderbilt Law School Faculty Publications
Recent policy-effect studies denounce judicial review for its adverse effects on agency decisionmaking. In its strong version, the policy-effect thesis suggests that judicial review has paralized innovative agency decisionmaking. Professor Rossi reacts to policy-effect studies, particularly as they have been used to attack the hard look doctrine in administrative law. He revisits Professor Richard Pierce's policy-effect description of the effects of judicial review of the Federal Energy Regulatory Commission (FERC). Professor Rossi's survey of recent FERC decisionmaking provides some support for an attenuated version of the policy-effect thesis, but leads him to reject the strong version of the thesis. Much …
Between The Frontier And The Big City: Sixty Years Of Small-Town Murder Prosecution, Chris Guthrie
Between The Frontier And The Big City: Sixty Years Of Small-Town Murder Prosecution, Chris Guthrie
Vanderbilt Law School Faculty Publications
This article examines small-town murder in Johnson County, Kansas, from 1880 to 1939. While providing lurid details of the murders committed over a sixty-year period in the county's small towns and villages, this article concludes that smalltown murder was slightly different from murder elsewhere. The overwhelming impression one gets from reviewing these rural murder cases is that small-town murder - though criminal and violent - was more a matter of inept dispute resolution than a matter of violent crime. True, the frontier and the big cities saw their share of petty disputes "resolved" through murder. But the small-town murders, at …
Job Matching And Women's Wage-Tenure Profile, Joni Hersch, Patricia Reagan
Job Matching And Women's Wage-Tenure Profile, Joni Hersch, Patricia Reagan
Vanderbilt Law School Faculty Publications
Recently, researchers have challenged the validity of the dominant theories of wage growth, claiming that the observed positive relation between wages and tenure is an artefact of omitted job match quality. In sharp contrast to the human capital theory, job match theory implies that women's wages are not directly affected by their discontinuous labour force participation. Using samples of women workers from three data sets, the authors estimate structural models of the wage-tenure relation which control directly for job match quality, and find evidence of a strong positive relation between wages and tenure.
State Constitutional Law: Doing The Right Thing, Suzanna Sherry
State Constitutional Law: Doing The Right Thing, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Fifteen years after a prominent American jurist urged a revitalization of state constitutional law, a somewhat less prominent American legal scholar announced that state constitutional law was "a vast wasteland of confusing, conflicting, and essentially unintelligible pronouncements."' In the two years since that pessimistic pronouncement, scholars have debated with renewed fervor the appropriate role that state courts, and state constitutions, should play in our federalist system. My own view is that this debate is a waste of ink.
The Impact Of Environmental Liabilities On Privatization In Central And Eastern Europe: A Case Study Of Poland, Randall Thomas
The Impact Of Environmental Liabilities On Privatization In Central And Eastern Europe: A Case Study Of Poland, Randall Thomas
Vanderbilt Law School Faculty Publications
The Central and Eastern Europe (CEE) countries are breaking up their centrally planned economies at a record pace by selling formerly state-owned industrial enterprises to private sector investors. Privatization is expected to create more profit-oriented and efficient industries, a predicate for sustained long term economic growth. This transformation from public to private ownership presents tremendous challenges to these new democracies as they struggle to create market economies and democratic institutions.