Law Commons^™

Front Matter And Faculty Notes

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Proposed Subordination Provisions For Master Trust Indenture, Taylor K. Wirth

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Using An Interviewing, Counseling, Negotiating, And Drafting Simulation In The First Year Legal Writing Program, Kirsten A. Dauphinais

Transactions: The Tennessee Journal of Business Law

No abstract provided.

A More Realistic Approach To Directors' Duties, Michelle M. Harner

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Addressing Shortfalls In Traditional Legal Education: Ut's Concentrations And Capstones And Waller Lansden's Schola2juris Program, George W. Kuney, Joseph Watson

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Willful Blindness, Plausible Deniability, And Tippee Liability: Sac, Steven Cohen, And The Court's Opinion In Dirks, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.

A Cultural Revolution: The Demise Of Corporate Culture Through The Whistleblower Bounty Provisions Of The Dodd-Frank Act, Rachel S. Taylor

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Ted Becker

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Legal Form, Style, And Etiquette For Email, George W. Kuney

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The First Year: Integrating Transactional Skills, Lynnise E. Pantin

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Rationalizing Entity Law: Corporate Law And Alternative Entities (Part Ii), Joan Macleod Heminway

Scholarly Works

No abstract provided.

No Child Left Behind - Representing Youth And Families In Truancy Matters, Dean Rivkin, Brenda Mcgee

College of Law Faculty Scholarship

No abstract provided.

No Child Left Behind - Representing Youth And Families In Truancy Matters, Dean Rivkin

Scholarly Works

No abstract provided.

Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin

College of Law Faculty Scholarship

This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …

Tales Of A Fourth Tier Nothing, A Response To Brian Tamanaha's Failing Law Schools, Lucille Jewel

Scholarly Works

This is a paper written in response to Professor Brian Tamanaha’s Failing Law Schools. Much of the book is laudable for highlighting the serious structural, policy, and moral issues confronting legal education today. However, I disagree with several of Professor Tamanaha’s ideas for reforming our system. In this paper, I write from the perspective of a tenured legal writing professor teaching at a for-profit fourth tier school, in fact, one of the schools that Tamanaha repeatedly implies are the problem and not the solution for the legal education crisis.

Part One addresses the idea, which dates back to 1921, that …

Addressing Shortfalls In Traditional Legal Education: Ut's Concentrations And Capstones And Waller Lansden's Schola2juris Program, George Kuney, Joseph Watson

Scholarly Works

Law school’s traditional educational model needs to be revamped. The traditional law firm’s summer associate model needs restructuring. Some might say they are both broken. Across the country, educators, and commentators are talking about legal education reforms and leading law firms are confronting how to improve the age-old mechanism for recruiting law students.

In the recent past, the legal employment landscape provided no incentive for law firms to question their traditional recruiting practices. The traditional law-firm recruitment model — the summer-associate program — is often little more than a glorified summer camp for some of the most highly educated — …

Legal Form, Style, And Etiquette For Email, George Kuney

Scholarly Works

No abstract provided.

Willful Blindness, Plausible Deniability, And Tippee Liability: Sac, Steven Cohen, And The Court's Opinion In Dirks, Joan Macleod Heminway

Scholarly Works

Is the principal of a securities trading firm able to remain ignorant about the source of information used in trading on the principal's behalf and avoid liability for insider trading under U.S. law? This short essay explores that question using the SAC Capital Advisors, L.P. and Steven Cohen as an example case, reflecting on the law established by the Supreme Court in its opinion in Dirks v. SEC in light of both the Second Circuit opinion in SEC v. Obus and changes, occasioned by Regulation FD, in the nature of securities analysts’ work and the overall information entrepreneurialism of market …

The Indefinite Quarantine: A Public Health Review Of Chronic Inconsistencies In Sexually Violent Predator Statutes, Isaac ("Zack") D. Buck

Scholarly Works

Fifteen years after the Supreme Court’s decision in Kansas v. Hendricks upheld their constitutionality, sexually violent predator (SVP) statutes exist in 20 states and the federal code. Committing sex offenders indefinitely in an effort to protect the public, SVP statutes have survived academic criticism and mushrooming expense, targeting society’s most unpopular subjects and unpalatable crimes. In upholding the statutes against constitutional attack in Hendricks, the Court relied upon the state’s demonstrable power to preventively detain individuals during public health emergencies – analogous to the civil detention model of quarantine – to establish the state’s unquestioned right to involuntarily commit sex …

A Survey Of The Section 336(E) Regulations, Don Leatherman

College of Law Faculty Scholarship

Under § 336(e), if one corporation owns an affiliated interest in the stock of a second corporation and sells, exchanges, or distributes all of that stock, Congress has authorized a regulatory election to treat the transfer of the second corporation’s stock as a disposition of its assets, thereby avoiding recognized gain or loss on the sale, exchange, or distribution of that stock. Congress added § 336(e) to the Code in the Tax Reform Act of 1986, intending that it be implemented using "principles similar to those of section 338(h)(10)." Thus, § 336(e) has a purpose similar to § 338(h)(10), offering …

The Scope Of The General Utilities Repeal, Don Leatherman

Scholarly Works

More than a quarter of a century ago, Congress repealed the General Utilities doctrine, authorizing Treasury to issue regulations to prevent circumvention of the repeal. Although Treasury has issued several sets of regulations in response, it has never systematically defined the scope of the repeal. Instead, the regulations and other administrative guidance more selectively attack concerns raised by the repeal, almost all of which arise because of the dual nature of stock: A corporate shareholder can choose to treat a subsidiary’s stock as a separate asset or, in certain cases, as an indirect interest in subsidiary assets, a choice facilitated …

A Survey Of The Section 336(E) Regulations, Don Leatherman

Scholarly Works

Under § 336(e), if one corporation owns an affiliated interest in the stock of a second corporation and sells, exchanges, or distributes all of that stock, Congress has authorized a regulatory election to treat the transfer of the second corporation’s stock as a disposition of its assets, thereby avoiding recognized gain or loss on the sale, exchange, or distribution of that stock. Congress added § 336(e) to the Code in the Tax Reform Act of 1986, intending that it be implemented using "principles similar to those of section 338(h)(10)." Thus, § 336(e) has a purpose similar to § 338(h)(10), offering …

Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik

Scholarly Works

Rape and sexual violence against men in war remains largely invisible, yet pervasive across time and place. The silence around male rape raises critical questions about male bodies, gender, and power that have been largely ignored by legal scholars and international courts. While feminist and human rights scholars have theorized rape of women as a weapon of war, they have largely ignored sexual violence against men. Following the mass rape of women in former Yugoslavia and Rwanda, international tribunals recognized that sexual violence against women can constitute a weapon of war and a crime against humanity. In both conflicts, men …

Across The Curriculum: Integrating Transactional Skills Instruction, Jean Whitney, Lori D. Johnson, Richard Rawson, Carol Morgan

Transactions: The Tennessee Journal of Business Law

No abstract provided.

More On Doctrinal Courses: Integrating Transactional Skills, Lenné Espenschied, Bruce G. Luna

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Does The Absolute Priority Rule Still Apply To Individual Chapter 11 Debtors Post-Bapcpa?, Anthony Mendenhall

Transactions: The Tennessee Journal of Business Law

Section 1129(b)(2) of the Bankruptcy Code codifies a principle known as the “absolute priority rule.” The absolute priority rule requires that creditors receive payment in full before holders of equity can receive or retain any property under a plan of reorganization. The absolute priority rule ensures that a plan of reorganization will not be used to allow equity to benefit at the cost of higher-priority unsecured debt. If left unchecked, a small number of insiders, whether representatives of management or major creditors, may use the reorganization process to gain an unfair advantage. Chapter 11 cases with individual debtors magnifies this …

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Weathering The Tempest: The Impact Of The Basel Iii Capital Accord On Asset Finance, Angela L. Rosa

Transactions: The Tennessee Journal of Business Law

The Second Capital Accord of the Basel Committee on Banking Supervision ("Basel II") was intended to address capital sufficiency amongst institutions lending in risky sectors. Since its introduction, the world economy has gone through categorically unique depressions, hallmarked by the 2008 financial crises. Scrambling to respond to the unique challenges posed by unprecedented failures throughout the international banking community, the Basel Committee's latest charge has been to revamp its prior accords while formulating new methodologies intended to avoid the reoccurrence of the catastrophes of the past four years: regulations that comprise the Third Basel Capital Accord ("Basel III"). These new …

Front Matter

Transactions: The Tennessee Journal of Business Law

No abstract provided.