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Articles 1 - 13 of 13
Full-Text Articles in Law
Workers' Compensation And Injury Duration: Evidence From A Natural Experiment, W. Kip Viscusi, Bruce D. Meyer, David L. Durbin
Workers' Compensation And Injury Duration: Evidence From A Natural Experiment, W. Kip Viscusi, Bruce D. Meyer, David L. Durbin
Vanderbilt Law School Faculty Publications
This paper examines the effect of workers' compensation on time out of work. It introduces a "natural experiment" approach of comparing individuals injured before and after increases in the maximum weekly benefit amount. The increases examined in Kentucky and Michigan raised the benefit amount for high-earnings individuals by approximately 50 percent, while low-earnings individuals, who were unaffected by the benefit maximum, did not experience a change in their incentives. Time out of work increased for those eligible for the higher benefits and remained unchanged for those whose benefits were constant. The estimated duration elasticities are clustered around 0.3-0.4.
Is The Radical Critique Of Merit Anti-Semitic?, Suzanna Sherry, Daniel A. Farber
Is The Radical Critique Of Merit Anti-Semitic?, Suzanna Sherry, Daniel A. Farber
Vanderbilt Law School Faculty Publications
Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …
The Indeterminacy Of Historical Evidence, Suzanna Sherry
The Indeterminacy Of Historical Evidence, Suzanna Sherry
Vanderbilt Law School Faculty Publications
I view my task in this Article to be proving that history is indeterminate. The rest of the Articles from this Panel may discuss what to do about the indeterminacy. I would like to put aside the normative questions and a number of empirical questions, including the question that Larry Alexander raised last night about whose intent we are examining. Rather, I would like to attempt an historical or originalist analysis of some interesting and controversial contemporary constitutional questions.
Our Unconstitutional Senate, Suzanna Sherry
Our Unconstitutional Senate, Suzanna Sherry
Vanderbilt Law School Faculty Publications
In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not unequivocally enshrined in the Constitution itself, it would undoubtedly be unconstitutional, for, as the United States Supreme Court has recognized, it is in conflict with the most basic principles of democracy underlying our Constitution and the form of government it establishes.
Lessons From The Procedural Politics Of The "Comprehensive" National Energy Policy Act Of 1992, Jim Rossi
Lessons From The Procedural Politics Of The "Comprehensive" National Energy Policy Act Of 1992, Jim Rossi
Vanderbilt Law School Faculty Publications
This Article examines the political and procedural history of the EPAct in order to arrive at some general lessons and recommendations regarding congressional formation of energy policy. At least two commentators on the EPAct praise it as the "second generation" of federal energy policy, based in laws that achieve "their mandates more by consensus than coercion." The EPAct's history, however, was far from smooth. Procedural obstacles, such as filibuster, inter-committee conflict, and inter-chamber conflict, led many to declare the EPAct dead on several occasions prior to its passage.
Section 7(A)(1) Of The "New" Endangered Species Act: Rediscovering And Redefining The Untapped Power Of Federal Agencies' Duty To Conserve Species, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article probes the history, meaning, and potential applications of section 7(a)(1) of the Endangered Species Act, which by its terms imposes a "duty to conserve" on all federal agencies. The article examines how agencies and courts have watered down this potentially forceful species conservation directive and suggests that, by linking it with the recovery planning function of section 4(f) of the Act, the duty to conserve could help us gain traction on species recovery.
Carcinogen Regulation: Risk Characteristics And The Synthetic Risk Bias, W. Kip Viscusi
Carcinogen Regulation: Risk Characteristics And The Synthetic Risk Bias, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
In this paper, I will explore the decision to regulate natural and synthetic chemicals. To what extent are regulatory decisions driven by the severity of the risk as opposed to the character of the risk exposure? The striking result is that the risk severity plays a very small role. Instead.it is whether the chemical is synthetic or natural that is the driving force behind regulatory decisions.
Biodiversity Conservation And The Ever-Expanding Web Of Federal Laws Regulating Nonfederal Lands: Time For Something Completely Different, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article offers an early examination of the law and governance of biodiversity (circa 1995) through the lenses of the Endangered Species Act, Clean Water Act, and Coastal Zone Management. It suggests that true multi-scalar, cooperative federalism will be needed to manage complex ecological resources for biodiversity conservation. A suggested model employing regional biodiversity management approaches is outlined.
Medical Malpractice Insurance In The Wake Of Liability Reform, W. Kip Viscusi, Patricia Born
Medical Malpractice Insurance In The Wake Of Liability Reform, W. Kip Viscusi, Patricia Born
Vanderbilt Law School Faculty Publications
This article examines the effect of the liability reforms on medical malpractice insurance over the 1984-91 period. This is the first study to use data by firm and by state for every firm writing medical malpractice insurance over that time period. The liability reforms increased insurance profitability (that is, decreased the loss ratios), where the main mechanism of influence was through decreasing losses. The quantile regression estimates imply that the greatest effects of liability reform are on the most unprofitable firms and that the effect is not uniform across the entire market. This pattern is consistent with the other principal …
Rates Of Time Preference And Consumer Valuations Of Automobile Safety And Fuel Efficiency, W. Kip Viscusi, Mark K. Dreyfus
Rates Of Time Preference And Consumer Valuations Of Automobile Safety And Fuel Efficiency, W. Kip Viscusi, Mark K. Dreyfus
Vanderbilt Law School Faculty Publications
This article estimates hedonic price models for automobiles using a data set on almost 3,000 households from the U.S. Department of Energy Residential Transportation Energy Consumption Survey. The standard hedonic models are generalized to recognize the role of discounting of fuel efficiency and safety, yielding an estimated rate of time preference ranging from 11 to 17 percent. This range includes the prevailing rate of interest for car loans in 1988 and is consequently consistent with market rates. Purchasers exhibit an implicit value of life ranging from $2.6 to $3.7 million, which is within the range found in the labor market …
Responsible Republicanism: Educating For Citizenship, Suzanna Sherry
Responsible Republicanism: Educating For Citizenship, Suzanna Sherry
Vanderbilt Law School Faculty Publications
The United States Supreme Court has long recognized what none of us can doubt: education is vital to citizenship in a democratic republic. Moreover, because the Court has left open the question whether there might be a constitutional right to a minimally adequate education,3 scholarly commentary has speculated for at least the last decade on possible constitutional bases for such a right. No one, however, has much explored the possible content of a right to education. In particular, there has been little examination of the concrete relationship between education and citizenship. What are the appropriate contours of an education for …
Portioning Punishment: Constitutional Limits On Successive And Excessive Penalties, Nancy J. King
Portioning Punishment: Constitutional Limits On Successive And Excessive Penalties, Nancy J. King
Vanderbilt Law School Faculty Publications
There has been a remarkable increase during the last decade in the imposition of overlapping civil, administrative, and criminal sanctions for the same misconduct, as well as a steady rise in the severity of those sanctions. In response, defendants have balked, arguing that legislators and the juries, judges, prosecutors, and regulators who apply legislatively authorized sanctions have overstepped the bounds of punishment permitted by the Constitution. Claiming that their penalties violate the Double Jeopardy, Due Process, Excessive Fines, and Cruel and Unusual Punishments Clauses in the Bill of Rights, civil and criminal defendants are prompting courts to reevaluate constitutional limits …
Progressive Regression, Suzanna Sherry
Progressive Regression, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Robin West has written a book that every constitutional scholar would like to like. In Progressive Constitutionalism, she promises us a new and historically accurate interpretation of the Fourteenth Amendment that will deliver us from the quagmire of fruitless debate between the far left and the far right, and provide a constitutional solution to some of today's most important disputes. She also explains why this interpretation is inherently difficult for the judicial branch to recognize, and thus recommends that progressives turn to Congress instead. West's past contributions to constitutional jurisprudence have been impressive, creating in her readers high expectations for …