Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 56, No. 5, October

Federal Court Authority to Regulate Lawyers: A Practice in Search of a Theory
Federal courts regulate lawyers who appear in federal litigation both by adopting rules of professional conduct and by announcing standards of conduct in judicial decisions. Yet the federal courts' authority to do so is uncertain. Congress has never...
Fetal Surgery and Wrongful Death Actions on Behalf of the Unborn: An Argument for a Social Standard
I. INTRODUCTIONImagine a young couple in the not-too-distant-future who are eagerly awaiting the birth of their first child. During the eighteenth week of the pregnancy, the mother has an ultrasound performed to detect possible developmental problems...
Fundamental Retribution Error: Criminal Justice and the Social Psychology of Blame
The concept of blameworthiness plays a central role in criminal law. Deontologists and utilitarians alike agree that the criminal sanction should rarely, if ever, apply to an actor who caused harm without some subjective awareness of wrongdoing. Research...
Resuscitating the National Resident Matching Program: Improving Medical Resident Placement through Binding Dual Matching
I. INTRODUCTIONPeople outside the medical profession have likely heard of the long hours that doctors keep, but are probably unaware of the low salaries and nonnegotiable contracts that medical school graduates must accept upon entering a residency program....
The Cloudy Crystal Ball: Genetics, Child Abuse, and the Perils of Predicting Behavior
I. INTRODUCTIONIn the cinematic world of Minority Report, mankind stands on the brink of a society without murder.1 Police can see the future, predicting murders and arresting perpetrators before they act.2 This Utopian system is the ultimate evolution...
Two Wrongs Don't Make a Right: Medicaid, Section 1983 and the Cost of an Enforceable Right to Health Care
I. INTRODUCTION AND OVERVIEWMore than a trillion dollars annually is spent on the health care system . . . . Despite increases in medical care spending that are greater than the rate of inflation, population growth, and Gross Domestic Product growth,...
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