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Vanderbilt University Law School, Public Law & Legal Theory Research Paper Series

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1.

Catching Up Is Hard to Do: Undergraduate Prestige, Elite Graduate Programs, and the Earnings Premium

Vanderbilt Law and Economics Research Paper No. 14-23, Vanderbilt Public Law Research Paper No. 16-17, Journal of Benefit-Cost Analysis, Forthcoming
Number of pages: 62 Posted: 20 Jul 2019 Last Revised: 14 Nov 2019
Accepted Paper Series
Vanderbilt University - Law School

Multiple version iconThere are 2 versions of this paper

Downloads 4,437
2.

Unfulfilled Promises: Discrimination and the Denial of Essential Health Benefits Under the Affordable Care Act

DePaul Law Review, Forthcoming, Vanderbilt Law and Economics Research Paper No. 16-9, Vanderbilt Public Law Research Paper No. 16-25
Number of pages: 49 Posted: 20 Jul 2019 Last Revised: 20 Jul 2019
Accepted Paper Series
Vanderbilt University - Law School
Downloads 56
3.

Marijuana Law, Policy, and Authority

Marijuana Law, Policy, and Authority, Aspen/Wolters Kluwer (2017), Vanderbilt Public Law Research Paper No. 17-5
Number of pages: 18 Posted: 01 Feb 2017 Last Revised: 21 Jul 2017
Accepted Paper Series
Vanderbilt University - Law School
Downloads 577
4.

Rejecting Climate Change: Not Science Denial, but Regulation Phobia

Journal of Land Use & Environmental Law, Forthcoming, Vanderbilt Public Law Research Paper No. 17-3
Number of pages: 49 Posted: 17 Jan 2017
Accepted Paper Series
Vanderbilt University - Law School
Downloads 301
5.

Reforming Regulation: Policies to Counteract Capture and Improve the Regulatory Process

Center for American Progress, 2016, Vanderbilt Public Law Research Paper No. 17-8
Number of pages: 13 Posted: 31 Dec 2016 Last Revised: 28 Jan 2020
Accepted Paper Series
Vanderbilt Law School
Downloads 77
6.

The Punitive Damages Calculus: The Differential Incidence of State Punitive Damages Reforms

Vanderbilt Public Law Research Paper No. 16-52, Vanderbilt Law and Economics Research Paper No. 16-27
Number of pages: 42 Posted: 02 Dec 2016
Working Paper Series
University of Alabama - School of Law and Vanderbilt University - Law School
Downloads 103
7.

New Wine in Old Bottles: Title IX and Transgender Identity Issues

Vanderbilt Public Law Research Paper No. 16-51
Number of pages: 53 Posted: 10 Nov 2016
Working Paper Series
Vanderbilt University - Law School
Downloads 135
8.

Saving the Political Consensus in Favor of Free Trade

Vanderbilt Law Review, Vol. 70, Forthcoming, Vanderbilt Public Law Research Paper No. 16-50, Vanderbilt Law and Economics Research Paper No. 16-26
Number of pages: 43 Posted: 19 Oct 2016 Last Revised: 08 Feb 2017
Working Paper Series
Vanderbilt University Law School
Downloads 254
9.

When Patents Claim Preexisting Knowledge

UC Davis Law Review, Vol. 50, pp. 1965
Number of pages: 34 Posted: 16 Sep 2016 Last Revised: 02 Jun 2017
Accepted Paper Series
Vanderbilt University - Law School
Downloads 63
10.

Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment

Journal of Neuroscience. Vol. 36, 9420-9434, 2016, UC Irvine School of Law Research Paper No. 2016-50, Vanderbilt Law Research Paper No. 17-01
Number of pages: 15 Posted: 09 Sep 2016 Last Revised: 26 Jan 2017
Accepted Paper Series
Court of Federal Claims - Office of Special Masters, University of Virginia School of Law, Second Judicial District Court Judge, State of Colorado, University of Minnesota Law School, University of California, Irvine School of Law, Vanderbilt University - Law School & Dept. of Biological Sciences and Vanderbilt University - Department of Psychology
Center for Integrative and Cognitive Neuroscience
Downloads 536
11.

Trends in Environmental Law Scholarship 2008-2015

Environmental Law Reporter, Vol. 46, No. 10648, 2016, Vanderbilt Law and Economics Research Paper No. 16-21, Vanderbilt Public Law Research Paper No. 16-39
Number of pages: 5 Posted: 02 Sep 2016
Accepted Paper Series
Environmental Law Institute, Vanderbilt University, Law School, Students, Vanderbilt University, Law School, Students and Vanderbilt University - Law School
Downloads 79
12.

What Every Law Student Really Needs to Know: Introducing New Law Students to the Study of Law

Vanderbilt Public Law Research Paper No. 16-34
Number of pages: 13 Posted: 29 Jul 2016 Last Revised: 02 Aug 2016
Working Paper Series
Vanderbilt University - Law School and Vanderbilt University - Law School
Downloads 712
13.

Entry Restriction, Shadow Banking, and the Structure of Monetary Institutions

Forthcoming, Journal of Financial Regulation (Panorama), Vanderbilt Public Law Research Paper No. 16-37
Number of pages: 7 Posted: 13 Jul 2016 Last Revised: 02 Aug 2016
Accepted Paper Series
Vanderbilt University - Law School
Downloads 199
14.

Safety First? The Deceptive Allure of Full Reserve Banking

University of Chicago Law Review Online, Forthcoming, Vanderbilt Public Law Research Paper No. 16-35
Number of pages: 9 Posted: 29 Jun 2016 Last Revised: 02 Aug 2016
Accepted Paper Series
Vanderbilt University - Law School
Downloads 273
15.

Local Liability in International Economic Law

95 North Carolina Law Review 261 (2017), Society of International Economic Law (SIEL), Fifth Biennial Global Conference, Vanderbilt Public Law Research Paper No. 16-33, Vanderbilt Law and Economics Research Paper No. 16-18
Number of pages: 78 Posted: 27 Jun 2016 Last Revised: 02 Mar 2017
Working Paper Series
Vanderbilt University Law School
Downloads 126
16.

Strategic Land Use Litigation: Pleading Around Municipal Insurance

Boston College Environmental Affairs Law Review, Vol. 43, No. 2, 2016, Vanderbilt Law and Economics Research Paper No. 16-20, Vanderbilt Public Law Research Paper No. 16-38
Number of pages: 23 Posted: 08 Jun 2016 Last Revised: 08 Aug 2016
Accepted Paper Series
Vanderbilt Law School
Downloads 34
17.

A Neuro-Legal Lingua Franca: Bridging Law and Neuroscience on the Issue of Self-Control

Mental Health Law & Policy Journal, Forthcoming, Vanderbilt Public Law Research Paper No. 16-32
Number of pages: 31 Posted: 02 Jun 2016 Last Revised: 19 Sep 2018
Accepted Paper Series
Harvard University, Cornell University and Vanderbilt University - Law School
Downloads 345
18.

The Private and Social Benefits of Double Majors

Journal of Benefit-Cost Analysis, Forthcoming, Vanderbilt Law and Economics Research Paper No. 16-16, Vanderbilt Public Law Research Paper No. 16-31
Number of pages: 50 Posted: 21 May 2016
Accepted Paper Series
Saint Lawrence University - Department of Economics and Vanderbilt University - Law School
Downloads 96
19.

Policing as Administration

University of Pennsylvania Law Review, Vol. 165, 2016, Vanderbilt Public Law Research Paper No. 16-30
Number of pages: 62 Posted: 13 May 2016 Last Revised: 21 Oct 2016
Accepted Paper Series
Vanderbilt University - Law School
Downloads 184
20.

The Contract Clause during the Civil War and Reconstruction

Journal of Supreme Court History, Vol. 41(3), 2016, Vanderbilt Law Research Paper No. 17-07
Number of pages: 38 Posted: 12 May 2016 Last Revised: 27 Jan 2017
Accepted Paper Series
Vanderbilt University - Law School
Downloads 157
21.

Explaining Energy Disputes at the World Trade Organization

Vanderbilt Public Law Research Paper No. 16-28, Vanderbilt Law and Economics Research Paper No. 16-14
Number of pages: 26 Posted: 10 May 2016 Last Revised: 18 Oct 2016
Working Paper Series
Vanderbilt University Law School
Downloads 311
22.

Something to Talk About: Information Exchange Under Employment Law

University of Pennsylvania Law Review, Vol. 165, 2017, Forthcoming, Vanderbilt Law and Economics Research Paper No. 16-7, Vanderbilt Public Law Research Paper No. 16-27
Number of pages: 44 Posted: 19 Apr 2016 Last Revised: 30 Apr 2016
Accepted Paper Series
Vanderbilt University - Law School and Vanderbilt University - Law School
Downloads 267
23.

The Substantially Impaired Sex: Uncovering the Gendered Nature of Disability Discrimination

Minnesota Law Review, Forthcoming, Vanderbilt Law and Economics Research Paper No. 16-10, Vanderbilt Public Law Research Paper No. 16-26
Number of pages: 55 Posted: 06 Apr 2016 Last Revised: 30 Apr 2016
Accepted Paper Series
Vanderbilt University - Law School
Downloads 60
24.

Making Preemption Less Palatable: State Poison Pill Legislation

85 George Washington Law Review 1 (2017) , Vanderbilt Public Law Research Paper No. 16-12
Number of pages: 56 Posted: 03 Apr 2016 Last Revised: 26 Jun 2017
Accepted Paper Series
Vanderbilt University - Law School
Downloads 125
25.

Instrumentalism

J. d’Aspremont and S. Singh (eds), Fundamental Concepts for International Law: The Construction of a Discipline, Elgar, 2016, Forthcoming, Vanderbilt Public Law Research Paper No. 16-11
Number of pages: 23 Posted: 03 Apr 2016
Accepted Paper Series
Vanderbilt University Law School
Downloads 118
26.

Prisoners of Pleading

94 Washington University Law Review, 2017, Forthcoming, Drexel University Thomas R. Kline School of Law Research Paper No. 2016-A-03, Vanderbilt Public Law Research Paper No. 16-16
Number of pages: 57 Posted: 27 Mar 2016 Last Revised: 26 Apr 2016
Accepted Paper Series
Drexel University Thomas R. Kline School of Law and Vanderbilt University Law School
Downloads 107
27.

Normalizing Erie

69 Vanderbilt L. Rev. 1161 (2016), Vanderbilt Public Law Research Paper No. 16-10
Number of pages: 70 Posted: 26 Mar 2016 Last Revised: 04 Nov 2016
Accepted Paper Series
Vanderbilt University - Law School
Downloads 70
28.

Is the Constitution Special?

Cornell Law Review, Vol. 101, p. 701, 2016, Brooklyn Law School, Legal Studies Paper No. 448, Vanderbilt Public Law Research Paper No. 16-8
Number of pages: 77 Posted: 24 Mar 2016 Last Revised: 05 May 2016
Accepted Paper Series
Vanderbilt Law School and Cornell Law School
Downloads 149
29.

Judging Adaptive Management Practices of U.S. Agencies

30 Conservation Biology 268-275 (2016), Indiana Legal Studies Research Paper No. 336, Vanderbilt Law and Economics Research Paper No. 16-6, Vanderbilt Public Law Research Paper No. 16-15
Number of pages: 1 Posted: 11 Mar 2016 Last Revised: 19 Apr 2016
Accepted Paper Series
Indiana University Maurer School of Law and Vanderbilt University - Law School
Downloads 53
30.

Selective Judicial Activism: Defending Carolene Products

Georgetown Journal of Law & Public Policy, Forthcoming, Vanderbilt Public Law Research Paper No. 16-9
Number of pages: 18 Posted: 04 Mar 2016
Accepted Paper Series
Vanderbilt University - Law School
Downloads 121
31.

Reinvention

Notre Dame Law Review, Vol. 92, pp. 1031-1070, 2017, Vanderbilt Public Law Research Paper No. 16-14
Number of pages: 40 Posted: 03 Mar 2016 Last Revised: 13 Apr 2017
Accepted Paper Series
Vanderbilt University - Law School
Downloads 65
32.

Agencies Running from Agency Discretion

William & Mary Law Review, Vol. 58, No. 1, 2016, Forthcoming , Vanderbilt Public Law Research Paper No. 16-8
Number of pages: 55 Posted: 25 Feb 2016 Last Revised: 25 Mar 2016
Accepted Paper Series
Vanderbilt University - Law School and US District Court for the Middle District of Florida
Downloads 84
33.

The Brave New Path of Energy Federalism

95 Texas Law Review 399-456 (2016), Vanderbilt Law Research Paper
Number of pages: 68 Posted: 18 Feb 2016 Last Revised: 24 Mar 2017
Accepted Paper Series
Vanderbilt University - Law School
Downloads 306
34.

Fostering Recycling Participation in Wisconsin Households through Single-Stream Programs

Land Economics, Forthcoming, Vanderbilt Law and Economics Research Paper No. 16-3, Vanderbilt Public Law Research Paper No. 16-22
Number of pages: 52 Posted: 13 Feb 2016 Last Revised: 03 Aug 2016
Accepted Paper Series
Duke University - Fuqua School of Business, Duke University - Fuqua School of Business and Vanderbilt University - Law School
Downloads 84
35.

Penn Central Take Two

Vanderbilt Public Law Research Paper No. 16-6
Number of pages: 30 Posted: 08 Feb 2016 Last Revised: 22 Feb 2017
Working Paper Series
Vanderbilt Law School
Downloads 209
36.

The World Trade Organization's Role in Global Energy Governance

Palgrave Handbook on the International Political Economy of Energy (Thijs Van de Graaf, Benjamin K. Sovacool, Florian Kern, Arunabha Ghosh & Michael T. Klare, eds., 2016), Forthcoming, Vanderbilt Public Law Research Paper No. 16-5
Number of pages: 33 Posted: 05 Feb 2016
Accepted Paper Series
Vanderbilt University Law School
Downloads 238
37.

Rational Benefit Assessment for an Irrational World: Toward a Behavioral Transfer Test

Journal of Benefit-Cost Analysis, Forthcoming, Vanderbilt Law and Economics Research Paper No. 16-1, Vanderbilt Public Law Research Paper No. 16-21
Number of pages: 35 Posted: 03 Feb 2016 Last Revised: 30 Apr 2016
Accepted Paper Series
Vanderbilt University - Law School and Brookings Institution
Downloads 59
38.

The Ideological Consequences of Selection: A Nationwide Study of the Methods of Selecting Judges

Vanderbilt Law Review, Vol. 70, No. 6, 2017, Vanderbilt Public Law Research Paper No. 16-4
Number of pages: 28 Posted: 27 Jan 2016 Last Revised: 29 May 2018
Accepted Paper Series
Vanderbilt Law School
Downloads 294
39.

Irreconcilable Differences? The Geneva Act of the Lisbon Agreement and the Common Law

Houston Law Review, Vol. 53, No. 2, 2015, Vanderbilt Public Law Research Paper No. 16-7
Number of pages: 34 Posted: 18 Jan 2016 Last Revised: 11 Feb 2016
Accepted Paper Series
Vanderbilt University - Law School
Downloads 222
40.

The Origins of Legislation

Notre Dame Law Review, Vol. 91, No. 1, 2015, Vanderbilt Public Law Research Paper No. 16-3
Number of pages: 55 Posted: 01 Jan 2016 Last Revised: 08 Feb 2016
Accepted Paper Series
Vanderbilt Law School
Downloads 173
41.

Dynamic Incorporation of Federal Law

Ohio State Law Journal, Vol. 77, 2016, Vanderbilt Public Law Research Paper No. 16-2
Number of pages: 49 Posted: 20 Dec 2015 Last Revised: 05 Jul 2016
Accepted Paper Series
Vanderbilt University - Law School
Downloads 146
42.

When Do State Transmission Siting Laws Violate the Constitution?

Electricity Journal, vol 28, issue 7, pp. 6-18 (2015), Minnesota Legal Studies Research Paper No. 15-44, Vanderbilt Public Law Research Paper No. 16-1
Number of pages: 14 Posted: 19 Dec 2015 Last Revised: 27 Jan 2016
Accepted Paper Series
University of Minnesota Law School and Vanderbilt University - Law School
Downloads 136
43.

Regulation of International and Intermodal Transportation

Vanderbilt Journal of Transnational Law, Vol. 10, No. 4, 1977
Number of pages: 26 Posted: 06 Dec 2015
Accepted Paper Series
McGill University - Faculty of Law
Downloads 18
44.

The Hidden Question in Fisher

NYU Journal of Law & Liberty, Vol. 10, No. 1, 2016, Forthcoming, Vanderbilt Public Law Research Paper No. 15-37
Number of pages: 10 Posted: 25 Nov 2015
Accepted Paper Series
Vanderbilt Law School
Downloads 170
45.

Recollection Bias and Its Underpinnings: Lessons from Terrorism-Risk Assessments

HKS Working Paper No. 16-003, Vanderbilt Law and Economics Research Paper No. 15-26, Vanderbilt Public Law Research Paper No. 16-20
Number of pages: 39 Posted: 19 Nov 2015 Last Revised: 15 Jul 2016
Working Paper Series
Vanderbilt University - Law School and Harvard University - Harvard Kennedy School (HKS)
Downloads 99
46.

The Emotionally Intelligent Judge: A New (and Realistic) Ideal

49 Court Review 100 (2013), Vanderbilt Public Law Research Paper No. 15-33
Number of pages: 15 Posted: 11 Nov 2015 Last Revised: 24 Nov 2015
Accepted Paper Series
Vanderbilt University - Law School
Downloads 133
47.

Why Choose? A Response to Rachlinski, Wistrich, & Guthrie's 'Heart versus Head: Do Judges Follow the Law or Follow Their Feelings?'

Texas Law Review See Also, Vol. 93, 2015, Vanderbilt Public Law Research Paper No. 15-34
Number of pages: 15 Posted: 11 Nov 2015 Last Revised: 24 Nov 2015
Accepted Paper Series
Vanderbilt University - Law School
Downloads 121
48.

Legislative Scrutiny? The Political Economy and Practice of Legislative Vetoes in the European Union

JCMS: Journal of Common Market Studies, Vol. 53, Issue 6, pp. 1268-1284, 2015
Number of pages: 17 Posted: 26 Oct 2015
Accepted Paper Series
University of Duisburg-Essen - Institute of Political Science and Vanderbilt University - Law School
Downloads 1
49.

Customary International Law: An Instrument Choice Perspective

Michigan Journal of International Law, 2016 Vol. 37(4): 563-609, Vanderbilt Public Law Research Paper No. 15-35, Duke Law School Public Law & Legal Theory Series No. 2015-49
Number of pages: 48 Posted: 23 Oct 2015 Last Revised: 06 Feb 2017
Accepted Paper Series
Duke University School of Law and Vanderbilt University - Law School
Downloads 246
50.

In Defense of Ecosystem Services

Pace Environmental Law (PELR) Review, Vol. 32, No. 306, 2015, Vanderbilt Public Law Research Paper No. 15-29
Number of pages: 32 Posted: 22 Oct 2015
Accepted Paper Series
Vanderbilt University - Law School
Downloads 83