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Full-Text Articles in Law

Auctioning Class Action And Derivative Lawsuits: A Critical Analysis, Randall Thomas, Robert G. Hansen Jan 1993

Auctioning Class Action And Derivative Lawsuits: A Critical Analysis, Randall Thomas, Robert G. Hansen

Vanderbilt Law School Faculty Publications

Numerous legal academics and practitioners have criticized the handling by plaintiffs' attorneys of large-scale class action and derivative lawsuits. These critiques point out attorneys' abuse of the legal system, ranging from purported collusion among plaintiffs and defendants.


Racial Jurymandering: Cancer Or Cure? A Contemporary Review Of Affirmative Action In Jury Selection, Nancy J. King Jan 1993

Racial Jurymandering: Cancer Or Cure? A Contemporary Review Of Affirmative Action In Jury Selection, Nancy J. King

Vanderbilt Law School Faculty Publications

Racial and ethnic minorities continue to be substantially underrepresented on criminal juries. At all stages of jury selection-venue choice, source list development, qualified list development, and jury panel and foreperson selection-traditional methods of selection exclude a disproportionate number of minorities. In response, a growing number of jurisdictions are employing race-conscious procedures to ensure that minorities are represented in juries and jury pools in proportions that equal or exceed their percentages in local communities. At the same time, the Supreme Court's most recent pronouncements on affirmative action and standing suggest that these reforms may be short-lived. Professor King suggests that the …


Cigarette Warnings: The Perils Of The Cipollone Decision, W. Kip Viscusi Jan 1993

Cigarette Warnings: The Perils Of The Cipollone Decision, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

In Cipollone v Liggett Group, Inc., a splintered Court concluded that cigarette smokers who are injured through their consumption of tobacco may bring some state law tort claims against the manufacturers of the cigarettes. Other claims, however, are preempted by federal legislation requiring cigarette packages and advertising to bear warning labels, the specific wording of which is dictated by statute. After a detailed examina- tion of the economics of hazard warning systems, Professor Viscusi argues that the most important economic issues in the Cipollone case were cor- rectly resolved in Justice Stevens'plurality opinion, which contained little overt economic reasoning. The …


Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher Jan 1993

Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher

Vanderbilt Law School Faculty Publications

This Article reports an attempt to investigate empirically important aspects of the Fourth Amendment to the United States Constitution, as construed by the United States Supreme Court. In the course of doing so, it touches upon two other topics. Most directly, it addresses the appropriate scope of the Fourth Amendment. Less directly, it raises questions about the role that empirical research should play in fashioning constitutional rules.


Product Liability, Research And Development, And Innovation, W. Kip Viscusi, Michael J. Moore Jan 1993

Product Liability, Research And Development, And Innovation, W. Kip Viscusi, Michael J. Moore

Vanderbilt Law School Faculty Publications

Product liability ideally should promote efficient levels of product safety, but misdirected liability efforts may depress beneficial innovations. This paper examines these competing effects of liability costs on product R & D intensity and new product introductions by manufacturing firms. At low to moderate levels of expected liability costs, there is a positive effect of liability costs on product innovation. At very high levels of liability costs, the effect is negative. At the sample mean, liability costs increase R & D intensity by 15 percent. The greater linkage of these effects to product R & D rather than process R …


Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall Thomas Jan 1993

Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall Thomas

Vanderbilt Law School Faculty Publications

Proxy contests1 have reemerged recently as an important part of the market for corporate control. After years of indifference to corpo- rate elections, dissident shareholders have turned once again to the bal- lot box as a means of removing unwanted management. In a surprisingly large number of these battles, the challengers have succeeded in getting all or much of what they wanted." The resurgence of proxy contests has sparked renewed interest by incumbent managements in developing powerful new defensive tactics in corporate elections. Incumbents' time-honored campaign strategies, such as switching the annual shareholders' meeting date, or restricting the potential candidates …


An Originalist Understanding Of Minimalism, Suzanna Sherry Jan 1993

An Originalist Understanding Of Minimalism, Suzanna Sherry

Vanderbilt Law School Faculty Publications

The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also tentatively endorses minimalism as a background presumption, suggesting that non-minimalist or aggressive judicial review must be affirmatively justified and should be limited to questions that are "vulnerable to majority sentiment."1 His primary argument in favor of minimalism is a democratic or majoritarian one: as between historically plausible interpretations of the written Constitution, the people and their elected representatives, rather than the unelected judiciary, …


Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King Jan 1993

Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Vanderbilt Law School Faculty Publications

As the Court has expanded its definition of jury selection techniques that violate constitutional standards, it has narrowed the circumstances that entitle defendants to postconviction relief. These two developments are now colliding; the emerging law is uncertain. One trend, however, is plain: divisions over the utility and propriety of applying harmless error, prejudice, and innocence standards to jury discrimination claims are deepening. By carefully evaluating the validity of some these disputes, I hope to have made remedial choices more informed and more attainable.


Without Virtue There Can Be No Liberty, Suzanna Sherry Jan 1993

Without Virtue There Can Be No Liberty, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Over the past two and a quarter centuries, Americans have understood rights and liberties in a variety of different ways. What I hope to do in this essay is to describe the two most prominent traditions of our heritage of liberty, and then to explore a way in which we might reconcile the conflicts between them and make both traditions useful in the service of liberty today.