Law Commons^™

Commentary To Dean Fershee, Judy Cornett

Scholarly Works

No abstract provided.

The Top 100 Law Reviews: A Reference Guide Based On Historical Usnwr Data, Brad Areheart

Scholarly Works

The best proxy for how other law professors react and respond to publishing in main, or flagship, law reviews is the US News and World Report (USNWR) rankings. This paper utilizes historical USNWR data to rank the top 100 law reviews. The USNWR rankings are important in shaping many – if not most – law professors’ perceptions about the relative strength of a law school (and derivatively, the home law review). This document contains a chart that is sorted by the 10-year rolling average for each school, but it also contains the 5-year and 15-year rolling averages. This paper also …

The Impact Of Ban-The-Box Measures, Alex B. Long

Scholarly Works

No abstract provided.

Uneasy Lies The Head That Owns Property, Gregory M. Stein

Scholarly Works

No abstract provided.

Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi

Scholarly Works

Innovation is generally seen as good. Promoting innovation especially in the digital economy is often deemed vital. Increasing the level of innovation, after all, can promote sustainable development, economic growth, prosperity, and citizens’ overall welfare. So how can policy makers spur innovation in the digital economy? While there is no simple recipe, this study explores the interplay between innovation and the digital economy from the following seven angles: 1. Theoretical economic literature; 2. Macro view of current innovation levels; 3. Emerging trends in the digital economy; 4. Implications of sub-optimal innovation levels; 5. Variables that affect the supply of innovation; …

Cotten V. Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long

Scholarly Works

No abstract provided.

Mr. Toad’S Wild Ride: Business Deregulation In The Trump Era, Joan Macleod Heminway

Scholarly Works

This Essay identifies and takes stock of the Trump Administration’s deregulatory efforts as they impact business interests, with the thought that even incomplete or biased information may be useful to transactional business lawyering.

What of significance has been done to date? With what articulated policy goals, if any? How may — or how should — the success of the administration’s business deregulatory plans and programs be judged? What observations can be made about those successes? For example, who may win and lose in the revised regulatory framework that may emerge? The Essay approaches these questions from a transactional business law …

When Congress Acts: Judicial Procedural Innovation And The Pslra, Briana L. Rosenbaum

Scholarly Works

No abstract provided.

Erosions Of The Work/Non-Work Divide, Alex B. Long

Scholarly Works

No abstract provided.

Death In The Shadows, Lucille Jewel

Scholarly Works

This paper is about the law and visual culture. Its centerpiece is Parson Weems’ Fable (1939), a painting by the American artist Grant Wood (1891-1942) that depicts the apocryphal story of George Washington and the cherry tree. At first glance, Wood’s image appears to celebrate an enduring myth of American virtue, namely Washington’s precocious inability to tell a lie. Studying the picture more closely, however, one finds a pair of black figures, presumably two of the Washingtons’ slaves. Stationed beneath dark storm clouds and harvesting cherries from a second tree, these slaves invoke yet another national myth, that of the …

Death In The Shadows, Lucille Jewel, Mary Campbell

College of Law Faculty Scholarship

This paper is about the law and visual culture. Its centerpiece is Parson Weems’ Fable (1939), a painting by the American artist Grant Wood (1891-1942) that depicts the apocryphal story of George Washington and the cherry tree. At first glance, Wood’s image appears to celebrate an enduring myth of American virtue, namely Washington’s precocious inability to tell a lie. Studying the picture more closely, however, one finds a pair of black figures, presumably two of the Washingtons’ slaves. Stationed beneath dark storm clouds and harvesting cherries from a second tree, these slaves invoke yet another national myth, that of the …

Where Do We Go From Here?, George Kuney, Joan Macleod Heminway, Howard E. Katz

Scholarly Works

No abstract provided.

Should Owner Motivation Limit The Exercise Of Property Rights?, Gregory M. Stein

Scholarly Works

No abstract provided.

The Opioid Epidemic: Regulation, Responsibility, And Remedies, Isaac ("Zack") D. Buck

Scholarly Works

No abstract provided.

Tribute To Professor Jonathan G. Rohr, Michael J. Higdon

Scholarly Works

No abstract provided.

Retaliation Backlash, Alex B. Long

Scholarly Works

No abstract provided.

Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice

Scholarly Works

No abstract provided.

Tribute To Spenser F. Powell, John Sobieski

Scholarly Works

No abstract provided.

Aall 2018 Implicit Bias In Legal Research Instruction Powerpoint, Shamika Dalton, Michelle Rigual, Clanitra Nejdl, Raquel Gabriel

College of Law Faculty Scholarship

A growing body of research studies shows that implicit biases based on race and other minority status play a role in student perceptions, behaviors, and teacher evaluation outcomes. Across the country, persons of color are enduring unique legal challenges, including racial profiling, police brutality, racial gerrymandering, and the threat of deportation. In this context, the continued use in legal research instruction of race-neutral "Jack and Jill" client names and traditional, noncontroversial hypotheticals misses an important opportunity to address these topics.Considering the obligations and responsibilities of legal research instructors to develop culturally competent lawyers, the first portion of the program will …

The Value Of Document "Treasure Hunts" In Teaching Transactional Law And Skills, Joan Macleod Heminway

Scholarly Works

No abstract provided.

Are Prices Just?, Gregory M. Stein

Scholarly Works

No abstract provided.

Professors Of Real Estate Law: Different Types, Different Needs, Gregory M. Stein

Scholarly Works

No abstract provided.

Valuing Coworker Bonds In Employment Law, Alex B. Long

Scholarly Works

No abstract provided.

The Legal Regulation Of U.S. Crowdfunding: An Organically Evolving Patchwork, Joan Macleod Heminway

Scholarly Works

The legal regulation of crowdfunding in the United States is neither well calibrated nor holistic. With the exception of specific securities regulation legislation, the regulation of crowdfunding under U.S. law exists as an extension of principles of pre-existing regulation to a specific new and continually changing Internet-based financing space. As a result, while some common consumer protection objectives can be identified, the legal regulatory approach to crowdfunding did not develop through deliberate, rational choice based on coherent public policy objectives. Instead, it arose and evolved by necessity in response to the spontaneous and natural origination and development of crowdfunding as …

Polygamous Marriage, Monogamous Divorce, Michael J. Higdon

Scholarly Works

Could the constitutional right to marry also encompass polygamy? That question, which has long intrigued legal scholars, has taken on even greater significance in the wake of Obergefell v. Hodges. This Article answers that question in a novel way by scrutinizing the practice of plural marriage through the lens of economic game theory, exploring the extreme harms that would befall the state should polygamy become law. More specifically, the Article delves into the ex ante consequences of legalization, not on practicing polygamists (as is typically the focus), but on sequential bigamists—that is, those who never intend to have more than …

The Reorganization Of Erickson, Incorporated Et Al., Taylor Grills, Ben Tarpley

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Sports Authority: Another (Private Equity Owned) Retail Giant Caught Off Guard!, Matthew Homonnay, Katie Yoches, Luke S. Smith

Chapter 11 Bankruptcy Case Studies

No abstract provided.

A Taxonomy And Evaluation Of Successor Liability (Revisited), George Kuney

Scholarly Works

Successor liability does not consist of just one doctrine or exception to the general corporate rule of non-liability for asset purchasers, but of many. There are two broad groups of successor liability doctrines, those that are judge-made (the “common law” exceptions) and those that are creatures of statute. Both represent a distinct public policy that in certain instances and for certain liabilities, the general rule of non-liability of a successor for a predecessor’s debts following an asset sale should not apply. With regard to the judge-made doctrines, some commentators have asserted that they are basically a species of liability based …

State Misdemeanant, Federal Felon: Adolescent Sexual Offenders And The Ina, Michael J. Higdon

Scholarly Works

At the age of eighteen, Alberto Velasco-Giron had sex with his fifteen-year old girlfriend. As a result, he was deported.

To understand how this could happen, we have to back up a bit. In 1988, Congress amended the Immigration and Nationality Act (“INA”) to state that any alien who commits an “aggravated felony” is subject to deportation. Since that time, Congress has continuously supplemented the definition of aggravated felony to include more and more crimes, the result being that noncitizens were subject to deportation for an ever-growing list of offenses. In 1996, the definition was revised yet again to include …

Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd-Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway

Scholarly Works

No abstract provided.