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Articles 1 - 17 of 17
Full-Text Articles in Law
Risk Perceptions In Regulation, Tort Liability, And The Market, W. Kip Viscusi
Risk Perceptions In Regulation, Tort Liability, And The Market, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Risk regulations are generally based on a stylized view of the behavior of the individuals affected by the regulation. These behavioral assumptions establish the basis for regulation and also influence the character of the regulation that will be pursed. The mix of behavioral assumptions that provides the basis for policy is often inconsistent. In some cases policymakers assume that irrationality prevails if that assumption will promote government intervention. If, however, individual perception of the risk and response to it is required to make a policy effective, risk regulators do not recognize individuals' cognitive limitations. These stylized views of risk-taking behavior …
The Dimensions Of The Product Liability Crisis, W. Kip Viscusi
The Dimensions Of The Product Liability Crisis, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Examination of a variety of sources of statistics indicates that the product liability crisis is real, and it is not simply imagined or contrived by the insurance industry. Litigation in the product liability area has escalated dramatically, but to some extent the industry was able to mute the effect of this escalation because of the influence of rising interest rates in the early 1980s as well as because the shrinking market for product liability insurance masked much of the explosion that was occurring in terms of the costs of product liability coverage. The dominant pattern in the early 1980s was …
Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore
Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore
Vanderbilt Law School Faculty Publications
In the standard compensating wage differential model, workers value their wage and workers' compensation components based on full job risk information. Market forces generate positive wage differentials as ex ante compensation for exposure to relatively high risk. Similarly, market forces generate wage offsets for the increases in ex post risk compensation embodied in workers' compensation benefits. These predictions can be modified to take into account potential imperfections in worker information, as in Viscusi (1979a,b, 1980a,b,d), where the role of learning is incorporated into the worker's decision model. The potential for learning about risks introduces a new market response through worker …
Equal Protection And Affirmative Action In Broadcast Licensing, Michael Bressman
Equal Protection And Affirmative Action In Broadcast Licensing, Michael Bressman
Vanderbilt Law School Faculty Publications
As the Supreme Court's 1989 Term reached its conclusion, observers expected the Court to follow "City of Richmond v. J.A. Croson Co." and invalidate two Federal Communications Commission (FCC) minority preference policies aimed at promoting broadcast diversity. Instead, in one of the major surprises of the Term, the Court upheld both FCC racial preference programs in Metro Broadcasting, Inc. v. Federal Communications Commission. Finding no equal protection violation, the Court ruled that "benign" race-conscious programs designed by Congress to "serve important governmental objectives" are constitutional if they are "substantially related to [the] achievement of those objectives."
World Without A Fourth Amendment, Christopher Slobogin
World Without A Fourth Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The subject of this Article is suggested by a single question: How would we regulate searches and seizures if the Fourth Amendment did not exist? This question is a useful one to ask even leaving aside the possibility of amending the amendment. Starting on a blank slate, as it were, should free us from current preconceptions about the law of search and seizure, ingrained after years of analyzing current dogma. Viewed from this fresh perspective, we might gain a better understanding of the values at stake when the state seeks to obtain evidence or detain suspects. This new understanding in …
Choice Of Law And Succession To Wealth: A Critical Analysis Of The Ramifications Of The Hague Convention On Succession To Decedents' Estates, Jeffrey Schoenblum
Choice Of Law And Succession To Wealth: A Critical Analysis Of The Ramifications Of The Hague Convention On Succession To Decedents' Estates, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons' is an exceptionally complex document with the avowed purpose of radically altering the choice of law rules in the succession field that have traditionally guided all common law jurisdictions as well as many civil law regimes. To date, the conflicts revolution that has engulfed other fields of law such as contracts and torts has barely intruded into the realm of property and succession law. In large part, this has been attributable to the nearly absolute adherence of judges and legislators to the relatively simple, straightforward …
Regional Habitat Conservation Planning Under The Endangered Species Act: Pushing The Legal And Practical Limits Of Species Protection, J.B. Ruhl
Vanderbilt Law School Faculty Publications
To many, the ESA is the epitome of an anti-growth agenda, seemingly used as a pretext for stopping development rather than for the ostensible purpose of species protection. To its staunch supporters, however, the ESA represents one of the purest statements of the environmentalist ethic and a powerful weapon against the ravaging of spaceship Earth. To those who work with the ESA on a regular basis, it, like many other environmental laws, has its good and bad points ... This Article does not attempt to resolve all the compelling questions posed by the conflicting policy objectives associated with the ESA. …
Oil Pollution Act Of 1990: Opening A New Era In Federal And Texas Regulation Of Oil Spill Prevention, Containment And Cleanup, And Liability, J.B. Ruhl, Michael J. Jewell
Oil Pollution Act Of 1990: Opening A New Era In Federal And Texas Regulation Of Oil Spill Prevention, Containment And Cleanup, And Liability, J.B. Ruhl, Michael J. Jewell
Vanderbilt Law School Faculty Publications
This article assesses Congress' effort, through enactment of OPA, to meet the goals it stated in 1989. Part II provides an overview of the fragmented" condition of pre-OPA federal law addressing oil spills and an examination of the deficiencies Congress believed existed in that body of law. An understanding of those perceived deficiencies is essential for interpreting OPA. Part III surveys the basic features of OPA, particularly its liability provisions. It concludes that, although OPA surely achieves a major overhaul of federal oil spill law, it is basically in the same boat. Part IV examines the response of the states …
The Plight Of The Passive Past Owner: Defining The Limits Of Superfund Liability, J.B. Ruhl
The Plight Of The Passive Past Owner: Defining The Limits Of Superfund Liability, J.B. Ruhl
Vanderbilt Law School Faculty Publications
These days, if you want to stir up high emotions in Congress, statehouses, corporate boardrooms or citizen group meetings, mention the word Superfund. That alias for the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) evokes strong reactions from industry, environmentalists, bankers, politicians, and just about everyone else. CERCLA, a relative latecomer to the present-day body of federal environmental law, was enacted in 1980 to fill a gap in then existing law by creating the authority and liability for cleanup of abandoned facilities contaminated with hazardous substances. In the short time it has been with us, CERCLA has …
An Empirical Examination Of The Iowa Bar's Approach To Regulating Lawyer Advertising, Jim Rossi, Mollie Weighner
An Empirical Examination Of The Iowa Bar's Approach To Regulating Lawyer Advertising, Jim Rossi, Mollie Weighner
Vanderbilt Law School Faculty Publications
Since the Supreme Court held the prohibition of lawyer advertising unconstitutional in Bates v. State Bar of Arizonal American lawyers have engaged in heated debate over the appropriateness of advertising for their profession. Although the debate over lawyer advertising-- especially as it applies to mass media-- raises relatively new issues for the profession, the concerns at the heart of the debate are the oldest that lawyers as a profession face. Lawyer advertising at its core is concerned with "professionalism": how lawyers, as an organized profession, ought to deliver legal service to the public. Immediately following Bates, most state bar associations …
Women's Rights Litigation In The 1980s: More Of The Same?, Tracey E. George, Lee Epstein
Women's Rights Litigation In The 1980s: More Of The Same?, Tracey E. George, Lee Epstein
Vanderbilt Law School Faculty Publications
In the September 1983 issue of Judicature,Karen O'Connor and Lee Epstein published the results of their examination of the fate of gender-based cases in the U.S. Supreme Court during the 1970s. Overall, they found that the justices were quite receptive to such claims, supporting the women's rights position in about 58 percent of the 63 disputes resolved between the 1969 and 1980 terms.
The Impact Of Nonmarket Work On Market Wages, Joni Hersch
The Impact Of Nonmarket Work On Market Wages, Joni Hersch
Vanderbilt Law School Faculty Publications
The purpose of this paper is to examine the direct effect on market productivity of the dual responsibilities of market and nonmarket work.
Male-Female Differences In Hourly Wages: The Role Of Human Capital, Working Conditions, And Housework, Joni Hersch
Male-Female Differences In Hourly Wages: The Role Of Human Capital, Working Conditions, And Housework, Joni Hersch
Vanderbilt Law School Faculty Publications
This study uses a new data set from a 1986 survey of workers to examine simultaneously the wage effects of human capital, household responsibilities, working conditions, and on-the-job training. The analysis suggests that household responsibilities had a negative effect on women's earnings, but the unexplained difference between the earnings of men and women is not greatly reduced by inclusion in the explanatory model of information on either housework or working conditions. The presence of children appears to have had a positive effect on the wages of both men and women.
Quantum Leap: A Black Woman Uses Legal Education To Obtain Her Honorary White Pass, Beverly I. Moran
Quantum Leap: A Black Woman Uses Legal Education To Obtain Her Honorary White Pass, Beverly I. Moran
Vanderbilt Law School Faculty Publications
The nature of privilege is that it is hidden from those who possess it even more than it is hidden from those who lack privilege. Privilege's invisibility to its owner makes privilege difficult to both identify and fight.
One Tax Piece Of The Savings And Loan Crisis: Can The Federal Home Loan Bank Board Use The Internal Revenue Cose To Bail Out The Ailing Savings And Loan Industry?, Beverly I. Moran
One Tax Piece Of The Savings And Loan Crisis: Can The Federal Home Loan Bank Board Use The Internal Revenue Cose To Bail Out The Ailing Savings And Loan Industry?, Beverly I. Moran
Vanderbilt Law School Faculty Publications
In Cottage Savings Association v. Commissioner the Sixth Circuit delves into a little known aspect of the savings and loan crisis-the attempt by the Federal Home Loan Bank Board to use the Internal Revenue Code ("Code") to help bolster its failing constituent thrifts. In the course of its analysis, the Sixth Circuit must articulate the requirements for transforming an economic loss into a deductible tax loss.
Minority Law Teachers Conference, Beverly I. Moran
Minority Law Teachers Conference, Beverly I. Moran
Vanderbilt Law School Faculty Publications
The 1990 Minority Law Teachers Conference was dedicated to expanding the number of minorities in law teaching. To this end, the volume addresses a wide variety of concerns for new and veteran teachers including: teaching, scholarship, service, diversity and recruitment. The volume remains one of the most comprehensive statements of minority law professors about their role in the academy.
Age Variations In Risk Perceptions And Smoking Decisions, W. Kip Viscusi
Age Variations In Risk Perceptions And Smoking Decisions, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The results of a national survey of smoking risks and smoking behavior are analyzed. Smoking risk perceptions follow the expected patterns given age differences in risk information acquired and differences in information associated with smoking status. Risk perceptions are greater as one moves to younger age cohorts, where overall lung cancer risks are substantially overestimated. These risk perceptions in turn have a negative effect on smoking decisions, where younger individuals behave no differently in terms of the manner in which they incorporate risk perceptions into their smoking decisions.