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Full-Text Articles in Law
The Simultaneity Puzzle: Lawyers Working At Multiple Law Firms, Paul R. Tremblay
The Simultaneity Puzzle: Lawyers Working At Multiple Law Firms, Paul R. Tremblay
Tennessee Law Review
No abstract provided.
Legal Research Just In Time: A New Approach To Integrating Legal Research Into The Law School Curriculum, Denitsa R. Mavrova Heinrich, Tammy Pettinato Oltz
Legal Research Just In Time: A New Approach To Integrating Legal Research Into The Law School Curriculum, Denitsa R. Mavrova Heinrich, Tammy Pettinato Oltz
Tennessee Law Review
No abstract provided.
Joking, Exaggerating Or Contracting?, William A. Drennan
Joking, Exaggerating Or Contracting?, William A. Drennan
Tennessee Law Review
We love the funny, and that's no exaggeration. In a joke, a duck is the funniest animal, you'll get more laughs in a red room than a blue room, 103 characters is the optimal length for a joke, and we know all this statistically because scholarly researchers often study humor. Litigators, courts, and commentators also focus on the funny when deciding whether promissory language created a binding contract. They frequently debate and decide enforceability based on whether a party was joking.
This Article asserts, for the first time, that in many of these cases the focus should be on whether …
The Economic And Efficiency Benefits Of Expanding The § 25d Investment Tax Credit, Kelsey Morgan
The Economic And Efficiency Benefits Of Expanding The § 25d Investment Tax Credit, Kelsey Morgan
Tennessee Law Review
No abstract provided.
Property Rights And Involuntary Contracting, Taorui Guan
Property Rights And Involuntary Contracting, Taorui Guan
Tennessee Law Review
No abstract provided.
Redesigning Restorative Justice For Criminal Justice Reform, Matthew D. Kim
Redesigning Restorative Justice For Criminal Justice Reform, Matthew D. Kim
Tennessee Law Review
Considering the racial disparities in the criminal justice system and the pressing need for reform, this article presents the optimal design for restorative justice that is capable of drawing the necessary public support to transform the criminal justice system. Restorative justice is a growing alternative to the criminal justice system designed to allow offenders, victims, and members of the community resolve crimes without resorting to the criminal justice system. Public support for restorative justice programs is vital to their success, and many programs fail because of inconsistent public support. As such, proponents of restorative justice emphasize the need to "start …
The Modest Impact Of The Modern Confrontation Clause, Jeffrey Bellin, Diana Bibb
The Modest Impact Of The Modern Confrontation Clause, Jeffrey Bellin, Diana Bibb
Tennessee Law Review
The Sixth Amendment's Confrontation Clause grants criminal defendants the right "to be confronted with the witnesses against" them. A strict reading of this text would transform the criminal justice landscape by prohibiting the prosecution's use of hearsay at trial. But until recently, the Supreme Court's interpretation of the Clause was closer to the opposite. By tying the confrontation right to traditional hearsay exceptions, the Court's longstanding precedents granted prosecutors broad freedom to use out-of-court statements to convict criminal defendants.
The Supreme Court's 2004 decision in Crawford v. Washington was supposed to change all that. By severing the link between the …
Preserving The Fruits Of Labor: Impediments To University Inventor Mobility, Brenda M. Simon
Preserving The Fruits Of Labor: Impediments To University Inventor Mobility, Brenda M. Simon
Tennessee Law Review
Academic inventors must overcome numerous obstacles when they seek to leave their parent universities. The results of their work are often intertwined in what I call "innovation-essential components," which are important aspects of the. innovative process that create strong ties to the parent university, such as data, patents, trade secrets, grants, contracts, materials, and other agreements and restrictions. Innovation-essential components effectively bind university inventors to their parent institutions, making departure unworkable without the university's approval. Universities sometimes further complicate inventor mobility by entering into unlawful agreements with other academic institutions in their efforts to prevent inventor movement or by engaging …
Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz
Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz
Tennessee Law Review
No abstract provided.
"Assault Weapon" Lethality, E. Gregory Wallace
"Assault Weapon" Lethality, E. Gregory Wallace
Tennessee Law Review
No abstract provided.
The Gen Z Juror, Leslie Y. Garfield Tenzer
The Gen Z Juror, Leslie Y. Garfield Tenzer
Tennessee Law Review
The Magna Carta drafters did not contemplate Facebook, Twitter, or texting when they formalized the jury system, a system that remains mostly unchanged 800 years after its inception. Those primed for jury duty over the coming decades have grown up with a cell phone in their hand and news at their fingertips. It is unreasonable to expect Gen Zers to meet the "radio-silence" mandate of jury duty. As smartphones become the de facto method of communication, courts, legislatures, and scholars offer prohibitions, admonitions, and increased punishment to curtail juror misconduct. These reforms, however, do little to prevent the kind of …
Rethinking Libel For The Twenty-First Century, Glenn Harlan Reynolds
Rethinking Libel For The Twenty-First Century, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
A Little Child Shall Lead Them: Juvenile Justice, Aging Out, And The First Step Act, Jalila Jefferson-Bullock
A Little Child Shall Lead Them: Juvenile Justice, Aging Out, And The First Step Act, Jalila Jefferson-Bullock
Tennessee Law Review
"When I was a child, I spake as a child, I understood as a child, I thought as a child: but when I became a man, I put away childish things."
Fixed Intentions: Wills, Living Wills, And End-Of-Life Decision-Making, Jane B. Baron
Fixed Intentions: Wills, Living Wills, And End-Of-Life Decision-Making, Jane B. Baron
Tennessee Law Review
Contemporary trusts and estates law is built on the premise that individuals can and should have fixed intentions with respect to the disposition of their property at death. These intentions can and should be fixed in a written document, and that document can and should be fixed against other outside evidence of intention. Experience with end-of-life health care decision-making gives reason to question these premises. In the health care context, intentions have proven to be fluid, and the documents purporting to record individuals' wishes have often proved unreliable.
This Article examines the implications for wills of the literature on end-of-life …
Information Age Technology, Industrial Age Laws, Elizabeth Winston
Information Age Technology, Industrial Age Laws, Elizabeth Winston
Tennessee Law Review
The United States patent system was born during the Industrial Age at a time where the focus was on promoting innovation in machines and tangible means of changing the world. With the dawn of the Information Age, innovation is increasingly intangible. The Industrial Age laws, as currently interpreted, are not well-suited for the changing and evolving technological world. Information Age innovators face challenges at the United States Patent and Trademark Office, through the judicial system and at the United States International Trade Commission. It is time for a change in the system to reflect the realities of modern technology. Adequate …
The Origination Clause's Missing Piece, Chris Land
The Origination Clause's Missing Piece, Chris Land
Tennessee Law Review
The Origination Clause is nearly constitutional surplusage today. The scope of the Clause has been limited by the U.S. Supreme Court to a very narrow class of revenue legislation that emerges from the U.S. House of Representatives.
This Article, for the first time, analyzes historical evidence that the U.S. Supreme Court has defined the constitutional scope of 'Bills for raising Revenue" and the concomitant reach of the Clause in a manner that fails to account for Revolutionary-era British revenue legislation. Four of the five bills passed by the British Parliament which contributed to the outbreak of the Revolutionary War, i.e., …
Availability's Law, Ido Kilovaty
Availability's Law, Ido Kilovaty
Tennessee Law Review
Cybersecurity incidents affecting the availability of computers, networks, and data are on the rise. Distributed denial-of-service and ransomware attacks can bring down critical systems and databases, making them unavailable when most needed, potentially affecting every individual, industry, sector, and branch of government. This Article critically evaluates cybersecurity law's gap in addressing the growing threat of availability attacks to information technology systems. While cybersecurity law is defined as the legal framework that "promotes the confidentiality, integrity, and availability of public and private information, systems, and networks ... ." this Article argues that cybersecurity law is overwhelmingly concerned with confidentiality and integrity, …
The Contested Edges Of Internal Affairs, Mohsen Manesh
The Contested Edges Of Internal Affairs, Mohsen Manesh
Tennessee Law Review
Because of the internal affairs doctrine, the tiny state of Delaware plays a unique and outsized role as the nation's preeminent regulator of corporate governance. But two recent developments have raised new questions about the precise scope of the doctrine and, consequently, Delaware's lucrative regulatory domain. Specifically, in a four-month span in late 2018, (i) California enacted the nation's first law mandating board gender diversity for all public corporations headquartered in California, and (ii) the Delaware Court of Chancery in Sciabacucchi v. Salzberg invalidated a corporate charter provision purporting to regulate shareholder rights arising under federal securities law.
These two …
End Of The Line For General Territorial Jurisdiction, Michael H. Hoffheimer
End Of The Line For General Territorial Jurisdiction, Michael H. Hoffheimer
Tennessee Law Review
No abstract provided.
The Future Of Roe V. Wade: Do Abortion Rights End When A Human's Life Begins?, Steven Andrew Jacobs
The Future Of Roe V. Wade: Do Abortion Rights End When A Human's Life Begins?, Steven Andrew Jacobs
Tennessee Law Review
While legal scholars and Supreme Court Justices on both sides of the national abortion controversy argue that Roe v. Wade was incorrectly decided, this Article accepts the Court's decision as a provisional holding that was based on the relevant societal, scientific, and legal records available to the Court in 1973. However, the stare decisis analysis outlined by the Court in Planned Parenthood v. Casey dictates that precedent can be overturned when a change in relevant facts robs a ruling of its original justification. If the Court agrees to hear a challenge to Roe, it will likely assess whether the relevant …