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Articles 91 - 120 of 157

Full-Text Articles in Law

License, Intellectual Property, Asset Purchase, Acquisition, Disposition, Contract Drafting, Tennessee, Joan Macleod Heminway Apr 2005

License, Intellectual Property, Asset Purchase, Acquisition, Disposition, Contract Drafting, Tennessee, Joan Macleod Heminway

Scholarly Works

The coauthors have constructed a model bank merger agreement, annotated with footnotes on substantive law and legal drafting issues. This model is intended to be used as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.


Buying Stock In Tennessee: An Annotated Model Tennessee Stock Purchase Agreement, Joan Macleod Heminway Apr 2004

Buying Stock In Tennessee: An Annotated Model Tennessee Stock Purchase Agreement, Joan Macleod Heminway

Scholarly Works

The coauthors have constructed a model stock purchase agreement, annotated with footnotes on substantive law and legal drafting issues. This model is intended to be used as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by 'Transactions: Tennessee Journal of Business Law' beginning in 2003.


"No Provincial Or Transient Notion": The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich Mar 2004

"No Provincial Or Transient Notion": The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich

Faculty Scholarship

Suppose a state legislature enacted a law making any theft a crime punishable by twenty years' imprisonment. Within this law was a provision precluding an accused from introducing evidence that he unwittingly took property to which he was not entitled. Suppose further that after this law was enacted, an elderly woman hung her black coat in a restaurant's lobby and, upon leaving, mistakenly retrieved another's black coat.1 Under the hypothetical statute, her mistake could neither hinder the prosecution's case against her nor be asserted by her as a defense. By inadvertently taking another's coat from a crowded restaurant, the woman …


Buying Assets In Tennessee: An Annotated Model Tennessee Asset Purchase Agreement, Joan Macleod Heminway, Angela Humphreys Hamilton Apr 2003

Buying Assets In Tennessee: An Annotated Model Tennessee Asset Purchase Agreement, Joan Macleod Heminway, Angela Humphreys Hamilton

Scholarly Works

The coauthors have constructed a model asset purchase agreement, annotated with footnotes on substantive law and legal drafting issues. This model is intended to be used as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.


The Legacy Of Byrd V. Hall: Gossiping About Summary Judgement In Tennessee, Judy Cornett Jan 2001

The Legacy Of Byrd V. Hall: Gossiping About Summary Judgement In Tennessee, Judy Cornett

College of Law Faculty Scholarship

No abstract provided.


Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons Nov 1999

Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons

Scholarly Works

No abstract provided.


Liberalism Stumbles In Tennessee, Donald J. Herzog Jan 1998

Liberalism Stumbles In Tennessee, Donald J. Herzog

Reviews

The Scopes trial will never be the same. I mean the trial immortalized in Inherit the Wind,' with its Southerners clutching in vain to their cozy scientific illiteracy and mechanically literal faith in the Bible, its idiotic intolerant Southerners destined to fall to the gale winds of modernity, liberalism, secularism, and skepticism embodied by a heroic ACLU and the inimitable Clarence Darrow. So what if Scopes got convicted? Surely the trial made a laughingstock of everything Tennessee stood for in banning the teaching of evolution from the public schools. And in a touch worthy of a gruesome morality play, William …


Freeing Property Owners From The Rap Trap: Tennessee Adopts The Uniform, Amy Morris Hess Jan 1995

Freeing Property Owners From The Rap Trap: Tennessee Adopts The Uniform, Amy Morris Hess

Scholarly Works

No abstract provided.


Rodney King And The Decriminalization Of Police Brutality In America: Direct And Judicial Access To The Grand Jury As Remedies For Victims Of Police Brutality When The Prosecutor Declines To Prosecute, Peter L. Davis Jan 1994

Rodney King And The Decriminalization Of Police Brutality In America: Direct And Judicial Access To The Grand Jury As Remedies For Victims Of Police Brutality When The Prosecutor Declines To Prosecute, Peter L. Davis

Scholarly Works

This Article begins with the premise that, despite political rhetoric and occasional prosecutions to the contrary, police brutality has been effectively decriminalized in this country. The Article adopts the Rodney King case as the paradigm for examining this phenomenon. Scrutinizing the culture and semantics of police brutality, the author concludes that a double standard of criminality exists in the United States, under which different rules apply to a police than to everyone else. This double standard is socially dysfunctional. Particularly among minorities, it leads to a sense of cynicism about our legal system that can result in civil disorder when …


Monetary Damages Against States - Arbitrators Have Power To Award, But Federal Courts Cannot Enforce - Tennessee Department Of Human Services V. United States Department Of Education, R. Scott Reid Jul 1993

Monetary Damages Against States - Arbitrators Have Power To Award, But Federal Courts Cannot Enforce - Tennessee Department Of Human Services V. United States Department Of Education, R. Scott Reid

Journal of Dispute Resolution

Legislation is usually interpreted by examining statutory language and legislative history.2 However, the United States Supreme Court has considered strict guidelines for interpreting statutes that potentially interfere with Eleventh Amendment immunity rights.3 Application of these guidelines can lead to peculiar court decisions, an example of which is provided in Tennessee Department of Human Services v. United States Department of Education.4


Book Review: Legal Papers Of Andrew Jackson, Walter F. Pratt, Jr. Apr 1988

Book Review: Legal Papers Of Andrew Jackson, Walter F. Pratt, Jr.

Vanderbilt Law Review

The Legal Papers of Andrew Jackson is a handsomely edited book and a credit both to its editors and its publisher." James W. Ely, Jr. and Theodore Brown, Jr. have done an impressive job of supplementing the limited manuscript record with information about the attorneys, the litigants, and the issues involved in each of the selected cases.' In fact,the additions are so substantial that the title is somewhat misleading:this is really a carefully documented account of the history of law in central Tennessee between 1787 and 1804. The result is a valuable addition to the emerging history of law in …


State Management Systems: The Case For Internal Controls, Joseph A. Mchugh Jan 1987

State Management Systems: The Case For Internal Controls, Joseph A. Mchugh

New England Journal of Public Policy

This article contends that recent managerial improvements in the federal government can and should be replicated by the states. Although effective internal controls in federal agencies and programs had been mandated in 1950, little progress was made until the late seventies and early eighties, when Congress enacted several laws to strengthen federal financial management and the executive branch initiated a modernization program. This happy confluence of events brought significant improvements to federal management as a whole. Now it's time for similar progress in state operations. State and even local administrators should adopt the best features of the federal model in …


Criminal Law In Tennessee In 1980 - A Critical Survey, Joseph G. Cook Apr 1981

Criminal Law In Tennessee In 1980 - A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.


Civil Procedure - Res Judicata - Effect Of Dismissal With Prejudice, Judy Cornett Jan 1981

Civil Procedure - Res Judicata - Effect Of Dismissal With Prejudice, Judy Cornett

Scholarly Works

No abstract provided.


Criminal Law In Tennessee In 1979 - A Critical Survey, Joseph G. Cook Oct 1980

Criminal Law In Tennessee In 1979 - A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.


New Rules Of Appellate Procedure Became Effective July 1, John Sobieski Aug 1979

New Rules Of Appellate Procedure Became Effective July 1, John Sobieski

Scholarly Works

No abstract provided.


An Update Of The New Tennessee Rules Of Appellate Procedure, John Sobieski Jul 1979

An Update Of The New Tennessee Rules Of Appellate Procedure, John Sobieski

Scholarly Works

No abstract provided.


Criminal Law In Tennessee In 1977-1978 - A Critical Survey, Joseph G. Cook Apr 1979

Criminal Law In Tennessee In 1977-1978 - A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.


A Survey Of Civil Procedure In Tennessee - 1977, John Sobieski Jan 1979

A Survey Of Civil Procedure In Tennessee - 1977, John Sobieski

Scholarly Works

No abstract provided.


The Procedural Details Of The Proposed Tennessee Rules Of Appellate Procedure, John Sobieski Oct 1978

The Procedural Details Of The Proposed Tennessee Rules Of Appellate Procedure, John Sobieski

Scholarly Works

No abstract provided.


The Theoretical Foundations Of The Proposed Tennessee Rules Of Appellate Procedure, John Sobieski Oct 1977

The Theoretical Foundations Of The Proposed Tennessee Rules Of Appellate Procedure, John Sobieski

Scholarly Works

No abstract provided.


Criminal Law In Tennessee In 1976-1977 - A Critical Survey, Joseph G. Cook Oct 1977

Criminal Law In Tennessee In 1976-1977 - A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.


Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook Jul 1976

Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.


State Ex Rel. Swann V. Pack: Self-Endangerment And The First Amendment, Sarah N. Welling Jan 1976

State Ex Rel. Swann V. Pack: Self-Endangerment And The First Amendment, Sarah N. Welling

Law Faculty Scholarly Articles

For many years there has been some controversy over whether an individual has the right to endanger himself if his conduct threatens no direct harm to others. This issue has come up in a number of contexts including committing suicide, wearing a helmet while riding a motorcycle, engaging in endurance contests, and refusing a medically indicated blood transfusion. Recently it was raised again when the Holiness Church of God in Jesus Name in the mountains of Tennessee went to court over the right of its members to drink poison. On September 8, 1975, the Supreme Court of Tennessee handed down …


Criminal Law In Tennessee In 1974: A Critical Survey, Joseph G. Cook Jan 1975

Criminal Law In Tennessee In 1974: A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.


Counterclaims And Statutes Of Limitations: A Critical Commentary On Present Tennessee Law, John Sobieski Jan 1975

Counterclaims And Statutes Of Limitations: A Critical Commentary On Present Tennessee Law, John Sobieski

Scholarly Works

No abstract provided.


Criminal Law In Tennessee In 1973: A Critical Survey, Joseph G. Cook Jan 1974

Criminal Law In Tennessee In 1973: A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.


Criminal Law In Tennessee In 1972: A Critical Survey, Joseph G. Cook Jul 1973

Criminal Law In Tennessee In 1972: A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.


Criminal Law In Tennessee In 1971 - A Critical Survey, Joseph G. Cook Jan 1972

Criminal Law In Tennessee In 1971 - A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.


Criminal Law In Tennessee In 1970 - A Critical Survey, Joseph G. Cook Jan 1971

Criminal Law In Tennessee In 1970 - A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.