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Articles 1 - 11 of 11
Full-Text Articles in Law
Natural Law In The States, Suzanna Sherry
Natural Law In The States, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Two of our most cherished constitutional myths are that we are, more or less, carrying on the constitutional traditions of the framers, and that the framers' most significant innovation was the invention of a written constitution. Neither belief is true. This article is the second in a series suggesting that our vision of the Constitution differs in a particular and important way from that of the framers: for us, it is the sole source of fundamental law, while for the framers it was only one source among many.
A Theoretic Analysis Of Corporate Auctioneers Liability Regimes, Randall Thomas, Robert G. Hansen
A Theoretic Analysis Of Corporate Auctioneers Liability Regimes, Randall Thomas, Robert G. Hansen
Vanderbilt Law School Faculty Publications
In Schneider v. Lazard Freres & Co. a New York appellate court greatly expanded the liability of investment advisers working as corporate auctioneers. Under this new legal regime, auctioneer/advisers accused of simple negligence are exposed to billions of dollars of potential legal liabilities. This article first reviews the existing law covering auctioneer/advisers and shows that the Schneider decision conflicts with the law governing general auctioneers and with the law governing the role of advisers and directors during the sale of the corporate control. Next, using an auction-theoretic framework, this Article shows that Schneider will likely result in: (1) increased indemnification …
Lee V. Weisman: Paradox Redux, Suzanna Sherry
Lee V. Weisman: Paradox Redux, Suzanna Sherry
Vanderbilt Law School Faculty Publications
For more than two decades, the Supreme Court's Establishment Clause jurisprudence was "at war with" its Free Exercise jurisprudence. In recent years, however, two major decisions--"Employment Division v. Smith" and "Lee v. Weisman"--have effected a significant shift in our religion clause jurisprudence. In this article I will suggest that, considered together, these two decisions have merely replaced one form of incoherence with another. In particular, I will suggest that either decision could be justified alone--and indeed, that either standing alone would be an improvement on the Court's previous religion clause doctrine--but that together they make little sense.
The Forgotten Victims, Suzanna Sherry
The Forgotten Victims, Suzanna Sherry
Vanderbilt Law School Faculty Publications
The attention and hand-wringing lavished on race relations by Aleinikoff and many others obscures the fact that by every measurement of formal equality, and by many measures of substantive equality, white women are further behind than black men (black women, unsurprisingly, are on the bottom). It leads us to focus our energies, our remedies, and our scarce resources on race discrimination, often at the direct expense of women. I hope to do three things in my brief remarks today. First, I will suggest that Professor Aleinikoff's paper exaggerates the problem it addresses. Second, I will explain what I mean when …
The Ghost Of Liberalism Past, Suzanna Sherry
The Ghost Of Liberalism Past, Suzanna Sherry
Vanderbilt Law School Faculty Publications
We the People is an ambitious book by one of our best constitutional theorists. Part one of a projected three-volume series, it aims at nothing less than a re-envisioning of American constitutional history and promises a new synthesis of law, politics, and history. Ackerman weaves an intriguing story about who we are and who we might be as a people. Unfortunately, Ackerman's tale fails to inspire, because it is mired in a fictional past and envisions a utopian future. In addition, the book ultimately raises more questions than it answers because it provides inadequate criteria to identify the moments in …
Multijurisdictional Estates And Article Ii Of The Uniform Probate Code, Jeffrey Schoenblum
Multijurisdictional Estates And Article Ii Of The Uniform Probate Code, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
The prefatory note to the 1990 revisions of article II of the Uniform Probate Code ("UPC") indicates that the changes wrought are a response to several developments since the promulgation of the UPC in 1969. The prefatory note emphasizes the decline of formalism, the proliferation of will substitutes, the multiple-marriage society, and the rise of the partnership/marital sharing theory as stimulative of the revisions introduced. The theme of this article is that one other crucial development has been essentially ignored. No serious attempt has yet been made by the drafters to address the immensely complex yet commonplace issues associated with, …
Sex Selection: Regulating Technology Enabling The Predetermination Of A Child's Gender, Owen D. Jones
Sex Selection: Regulating Technology Enabling The Predetermination Of A Child's Gender, Owen D. Jones
Vanderbilt Law School Faculty Publications
The debate over the prohibition of sex (or gender) selection (also known as "preselection" or "predetermination"), has focused almost exclusively on the context of aborting a "wrong-sex" fetus after a fetal gender-identification procedure. Despite the fact that sex selection abortions represent only a small subset of sex selection procedures, attitudes toward the former are driving general policy approaches to the latter. However, the issues are analytically distinct, and only during the former infancy of the pre-conceptive (and non-abortive post-conceptive) technology for sex selection were members on both sides of the debate afforded the economy of using one logic to support …
Income Tax Rhetoric (Or Why Do We Want Tax Reform?), Beverly I. Moran
Income Tax Rhetoric (Or Why Do We Want Tax Reform?), Beverly I. Moran
Vanderbilt Law School Faculty Publications
The 1992 presidential election is over but the United States economy still faces hard times. Each man who hoped to lead us promised to revive our sick economy, and each cure promised included a strong dose of tax reform. At no time during the campaign or the transition did anyone seem to ask: Can tax reform actually increase employment, lower the deficit, nwerse our trade imbalance, or provide any other boost out of the recession? Why do Americans accept the notion that economic recovery requires tax reform? We did not always think this way. Why does it seem so natural …
Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George
Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George
Vanderbilt Law School Faculty Publications
Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The Environmental Decade (1982) and One Environment Under Law (1976)), should publish a compendium describing such groups is an occasion for optimism. And, indeed, she does provide a useful reference tool for those seeking basic descriptions of these groups; yet, unfortunately, she does not offer a thorough or critical understanding of how they operate.
Rights Talk: Must We Mean What We Say?, Suzanna Sherry
Rights Talk: Must We Mean What We Say?, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Mary Ann Glendon has written a powerful and persuasive diagnosis of the ills besetting modern American society. Unlike many other commentators, Glendon refuses to lay the blame on any single group or institution but spreads her accusations widely across society. For that reason, this book is sure to displease ideologues and fellow travelers on both the left and the right, but it is her impartial and relatively apolitical stance that gives the book its major strengths.
Screening And Treatment Of Newborns, Ellen Wright Clayton
Screening And Treatment Of Newborns, Ellen Wright Clayton
Vanderbilt Law School Faculty Publications
With the advent of new genetic technologies and the Human Genome Initiative, interest in the problems posed by genetic diagnostics in general, and by genetic screening in particular, has surfaced. Many recent works focus on the problems posed by the "new genetics" in the contexts of prenatal diagnosis, carrier detection, employment, and insurance. In the midst of all this discussion, the routine testing of newborns for genetic disorders seems relatively uncomplicated and has, in fact, become "a part of common practice and accepted public policy with little thought having been given to the implications." The relative lack of concern about …