Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 54, No. 6, November

An Arrow to the Heart: The Love and Death of Postmodern Legal Scholarship
Modernist legal writers, including Dennis Arrow in his well-known Pomobabble article, commonly criticize postmodern legal scholars for being muddle-headed nihilistic thinkers who write indecipherable jargon-filled nonsense and lack political convictions....
Are Shaming Punishments Beautifully Retributive? Retributivism and the Implications for the Alternative Sanctions Debate
Since the appearance nearly ten years ago of Professor Toni Massaro's critique of the feasibility of shaming punishments in America, scholars have heatedly debated the practicality of and justifications for a variety of alternatives to incarceration...
Law as Craft
This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law-and in particular adjudication--combine elements of what Aristotle described as practical wisdom, or phronesis,...
Spaceball (or, Not Everything That's Left Is Postmodern)
Given law-school postmodernism's epistemo/ontology of juvenile anti-realist agnosticism, its commitment to Gadamerian and/or Derridean notions of linguistic indeterminacy, its monomaniacal dedication to centrifugal end-justifies-the-means Lefty politics,...
The Competency Conundrum: Problems Courts Have Faced in Applying Different Standards for Competency to Be Executed
I INTRODUCTION That he's mad, 'tis true: 'tis true 'tis pity, And pity 'tis 'tis true. -William Shakespeare1 Throughout Anglo-American legal history, there has been a general agreement, based on numerous rationales,2 that mentally incompetent inmates...
The New Face of Creationism: The Establishment Clause and the Latest Efforts to Suppress Evolution in Public Schools
There is grandeur in this view of life, with its several powers, having been originally breathed by the Creator into a few forms or into one; and that ... from so simple a beginning endless forms most beautiful and most wonderful have been and are being...
The Wine Is in the Mail: The Twenty-First Amendment and State Laws against the Direct Shipment of Alcoholic Beverages
I. INTRODUCTION The Internet has revolutionized commerce by providing an easy way for businesses to reach vast numbers of customers, and by allowing consumers to attain products of all sorts with the mere click of a mouse. Some wine consumers, however,...
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