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Full-Text Articles in Law
Welcome To The Funhouse: The Incredible Maze Of Modern Divorce Taxation, Beverly I. Moran
Welcome To The Funhouse: The Incredible Maze Of Modern Divorce Taxation, Beverly I. Moran
Vanderbilt Law School Faculty Publications
Using legislative histories the article shows how the incidence of taxation began to fall more heavily on women in the context of divorce as women's social and political status rose during World War II and that this trend continued through several sets of divorce tax reform.
Outlaw Blues, Suzanna Sherry
Outlaw Blues, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Mark Tushnet's new book ("Red, White, and Blue: A Critical Analysis of Constitutional Law") is an example of how too many layers of theoretical detachment can obscure truly innovative scholarship. His fervent insistence that he can do no more than deconstruct existing constitutional jurisprudence detracts from the significant positive contributions of Red, White, and Blue. One purpose of this review is thus to rescue Tushnet from himself, and his optimism from his nihilism.
The Early Virginia Tradition Of Extra-Textual Interpretation, Suzanna Sherry
The Early Virginia Tradition Of Extra-Textual Interpretation, Suzanna Sherry
Vanderbilt Law School Faculty Publications
No abstract provided.
Parole, In "Eighteenth Annual Review Of Criminal Procedure: United States Supreme Court And Court Of Appeals, 1987-88", Erin O'Connor
Parole, In "Eighteenth Annual Review Of Criminal Procedure: United States Supreme Court And Court Of Appeals, 1987-88", Erin O'Connor
Vanderbilt Law School Faculty Publications
The purpose of parole is to integrate prisoners into society by allowing them to serve a portion of their sentences outside prison. While on parole, the parolee is subject to the continuing supervision of a parole or probation officer and to the conditions and rules imposed. These conditions may significantly restrain the parolee's freedom. If a parolee violates a parole condition, the parole may be revoked and the parolee reincarcerated.
Separation Of Powers: Asking A Different Question, Suzanna Sherry
Separation Of Powers: Asking A Different Question, Suzanna Sherry
Vanderbilt Law School Faculty Publications
What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I am more interested in how the founders approached questions and in the sources of their answers than in the substance of those answers. In comparing Professor Casper's description of the late eighteenth-century approach to separation of powers questions with the predominant way of asking separation of powers questions today, I find that the two are quite different. The difference in approach is equivalent to the difference …
Gender Justice, Suzanna Sherry
Gender Justice, Suzanna Sherry
Vanderbilt Law School Faculty Publications
GENDER JUSTICE is an avowedly liberal tract on the problems of gender discrimination in our society. It seeks to provide an alternative to the visions of both conservatives and radical feminists. The book fails in its liberal mission for some of the same reasons that the new breed of Democrats cannot seem to raise much of a challenge to the Republican ideology currently sweeping the country. The authors endorse many of the policies advocated by conservatives-- they reject affirmative action and comparable worth, for example-- but they do so by means of a liberal, process-oriented approach.
Women's Virtue, Suzanna Sherry
Women's Virtue, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Michael Perry's thoughtful jurisprudential musings in Morality, Politics, and Law get most things just right. His framework of moral knowledge and a constitution of aspirations resonates with much of the best of contemporary moral philosophy and constitutional jurisprudence. When Perry turns to specifics, however, his reasoning weakens considerably. In particular, his discussion of abortion is fundamentally flawed. Perry draws two conclusions about abortion: (1) That the extremely restrictive Texas statute at issue in Roe v. Wade-- which permitted abortion only to save the woman's life -was unconstitutional; and (2) that the Supreme Court went too far when it invalidated virtually …
Promoting Safety Through Workers' Compensation: The Efficacy And Net Wage Costs Of Injury Insurance, W. Kip Viscusi
Promoting Safety Through Workers' Compensation: The Efficacy And Net Wage Costs Of Injury Insurance, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
This article explores the effects of workers' compensation on fatality rates and wages using the 1982 Panel Study of Income Dynamics and the new occupational fatality data issued by the National Institute for Occupational Safety and Health. The fatality rate depends upon the workers' compensation benefit variables in a manner that suggests that the safety incentive effects of higher insurance premiums offset any moral hazard effects. The estimates imply that in the absence of workers' compensation, fatality rates would increase by over 20%. Premium levels substantially overstate the cost of workers' compensation, due primarily to a direct wage offset from …