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David Michelson on the Practical Christology of Philoxenos of Mabbug
No full textIn this podcast, Chris Benda, theological librarian at the Vanderbilt Divinity Library, interviews Vanderbilt Professor David Michelson about his book The Practical Christology of Philoxenos of Mabbug
Lenn Goodman on Judaism, Humanity, and Nature
No full textIn this podcast, Chris Benda, theological librarian at the Vanderbilt Divinity Library, interviews Vanderbilt Professor Lenn Goodman about the book Lenn E. Goodman : Judaism, Humanity, and Nature, edited by Hava Tirosh-Samuelson and Aaron W. Hughes
Astrid In Between
No full textFinal project for ENGL 277 Asian American Literature; Spring 2015 --Stranger in a Home Land: Asian American Literature and the Mechanisms of Alienation.Video accompanied by reflection paper. See the project video at https://www.youtube.com/watch?v=dHRoqmjidG
Locating the Russian Hero: Genre, Gender, and National Identity in Mikhail Lermontov's A Hero of Our Time
No full textEnglish Department Honors Thesis.English DepartmentCollege of Arts and Scienc
Creating Around Copyright
No full textarticle published in law reviewIt is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view the promotion of creativity as copyright’s mission usually consider this constraint to be a necessary evil at best and an unnecessary one at worst. This conventional wisdom rests on the seemingly intuitive premise that more creative choice will deliver more creativity. Yet that premise is belied by both the history of the arts and contemporary psychological research on the creative process. In fact, creativity flourishes best not under complete freedom, but rather under a moderate amount of restriction. Drawing from work in cognitive psychology, management studies, and art history, this Article argues that contemporary copyright discourse has overlooked constraint’s generative upside. The Article unpacks the concept of constraint into seven characteristics: source, target, scope, clarity, timing, severity, and polarity. These characteristics function as levers that determine a given constraint’s generative potential. Variation in that potential provides an underappreciated theoretical justification for areas in which copyright law is restrictive, such as the exclusive derivative work right, as well as areas where it is permissive, such as the independent creation and fair use defenses. The Article reveals that the incentives versus access debate that has long dominated copyright theory has misunderstood the relationship between creativity and constraint. Information may want to be free, but creativity does not
Pricing Lives for Corporate and Governmental Risk Decisions
No full textarticle published in law reviewThe value of a statistical life (VSL) is the most influential single parameter used in calculating the benefits of governmental regulations. While there are some inter-agency differences, there is a commonality in the conceptual approach, the central role of mortality risk valuation in benefit assessment, and the general range of valuations used. Corporate risk decisions are based on a less rigorous risk analysis procedure. As typified by the GM ignition switch recall problems and the company’s lax corporate safety culture, there often is little systematic corporate balancing of cost and risk. This suppression of safety concerns may be attributable to the adverse experiences automobile companies had after conducting risk analyses which valued fatalities based on damages awards for wrongful death, and in response juries levied blockbuster punitive damages awards. Instead, companies should adopt the value of a statistical life in its product risk decisions. Companies also should be provided with a safe harbor reference point for responsible risk decisions. Regulatory agencies should use the VSL in setting regulatory sanctions
The Influence of the Areeda-Hovenkamp Treatise in the Lower Courts and What It Means for Institutional Reform in Antitrust
No full textarticle published in law reviewIt is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the antitrust agencies, the Federal Trade Commission ("FTC") and the Antitrust Division of the Department ofJustice ("DOJ"), rarely issue guidelines, and even more rarely issue rules or regulations, very little antitrust law is handed down from on high. Instead, circuits split, and lower courts must muddle through new antitrust problems by finding analogies in technologically and socially obsolete precedents.
When faced with this void of authority, especially covering cutting-edge antitrust issues raised by new technology and business arrangements, lower courts often turn to a single treatise, Antitrust Law: An Analysis of Antitrust Principles and Their Application, by the late Philip E. Areeda and Herbert Hovenkamp. The treatise's influence is such thatJustice Breyer has remarked "that most practitioners would prefer to have two paragraphs of Areeda's treatise on their side than three Courts of Appeals or four Supreme Court
Justices." Why courts are so influenced by the treatise is no secret: It is up-todate,
technologically savvy, politically middle-of-the-road, economically literate, comprehensible, and comprehensive. The monopoly that Professor Hovenkamp (as the only living editor of the treatise) has inherited and lovingly maintains is certainly the kind of which antitrust would approve: It is a monopoly "thrust upon it" by simply being the best. But its dominance in lower courts and, therefore, in firm decision-making, should raise concerns among those who believe it was Congress's intent to put the courts, not a
professor, in charge of antitrust policy.
The solution, of course, is not to force the lower courts away from the Areeda-Hovenkamp treatise; in the absence of binding authority, reliance on such a fine treatise can only improve antitrustjurisprudence. But this reliance
may illustrate the need for institutional reform. It suggests that something should be done to solve the bottleneck problem at the Supreme Court and to encourage the antitrust agencies to issue more rules to guide firms in their business deals and lower courts in their resolution of disputes. This Essay explores the structural and institutional causes of the void of antitrust authority, explains how the Areeda-Hovenkamp treatise fills that gap, and identifies the legitimacy problems that inhere when lower courts treat a secondary source as speaking for the Supreme Court. Finally, this Essay points out how a more economically literate bench and Chevron deference to FTC antitrust rules would help alleviate the problem
The Role of Publication Selection Bias in Estimates of the Value of a Statistical Life
No full textarticle published in economics journalMeta-regression estimates of the value of a statistical life (VSL) controlling for publication selection bias often yield bias-corrected estimates of VSL that are substantially below the mean VSL estimates. Labor market studies using the more recent Census of Fatal Occupational Injuries (CFOI) data are subject to less measurement error and also yield higher bias-corrected estimates than do studies based on earlier fatality rate measures. These results are borne out by the findings for a large sample of all VSL estimates based on labor market studies using CFOI data and for four meta-analysis data sets consisting of the authors’ best estimates of VSL. The confidence intervals of the publication bias-corrected estimates of VSL based on the CFOI data include the values that are currently used by government agencies, which are in line with the most precisely estimated values in the literature
Saladin Capstone Portfolio
No full textTeaching and Learning Department Capstone ProjectDepartment of Teaching and LearningPeabody College of Education and Human Developmen
Capstone Portfolio
No full textThis portfolio is a final work for the Teaching and Learning Department capstone project required by course EDUC 3680: Capstone Seminar instructed by Kristen W. Neal.Department of Teaching and LearningPeabody College of Education and Human Developmen