Law Commons^™

An Upward Trend In Jailhouse Cooperation With Ice: A Report On Detainers Issued By Ice And 287(G) Agreements In Alabama, Arkansas, Louisiana, Mississippi, And Tennessee From 2016 To 2020., Eric Franklin Amarante, Project South

Scholarly Works

This report analyzes information received in response to Freedom of Information Act requests to ICE about 287(g) agreements and detainer requests issued between fiscal year 2016 to 2020 in those states. This report concludes with specific recommendations for local, state, and federal governments to end LLE-ICE collaboration and repeal anti-immigrant policies.

Justifying Aggression: Russia's 2020 Constitutional Amendments And The Invasion Of Ukraine, Robert C. Blitt

Scholarly Works

Beyond the alluring promise of an enhanced social safety net for Russian citizens, President Vladimir Putin's constitutional amendments of 2020 betrayed a distinct preoccupation with fortifying Russia's international standing and crafting a new national identity. By Putin's own account, these amendments were necessary to steel the country against the malevolent action of international conspirators committed to Russia's downfall. As this Article posits, these specific constitutional changes systematically entrenched an exceptionalist vision of Russian sovereignty and a civilizational identity that left the country constitutionally untethered from international norms and institutions, saturated in religious fervor and visions of imperial glory, and poised …

Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Glenn Harlan Reynolds, Brannon P. Denning

Scholarly Works

New York State Rifle & Pistol Association, Inc. v. Bruen was the first significant Second Amendment case that the Supreme Court had heard in nearly fifteen years since its decision in District of Columbia v. Heller. This Article offers some preliminary observations about the opinion itself, as well as its likely effects, some of which are starting to manifest

Our first take concerns the question of opinion assignment. Why did Chief Justice Roberts-whose support for the Second Amendment has been suspect-assign the opinion to Justice Thomas?

Takes Two and Three concern Justice Thomas's substitution of text, history, and tradition for …

Comment On The Fiduciary-Ness Of Business Associations, Brian Krumm

Scholarly Works

No abstract provided.

A Rejoinder To Professor Padfield: Lobbying The States For Anti-Esg Legislation, Dwight Aarons

Scholarly Works

No abstract provided.

Financing Rural Health Care, Isaac ("Zack") D. Buck

Scholarly Works

No abstract provided.

The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer

Scholarly Works

This article examines a rare folk ballad to revisit an 1888 Tennessee trial that newspapers referred to as the fastest in the country in which the death penalty was involved. If we look at this event using court records and newspapers, it tells a regrettably common story of a court under pressure from the populace skirting the protections of law. However, if we consider the trial as a performative endeavor, we can rightly consider other performative events, like folk songs, not as reflective of official events but as equivalents that help provide insight into the larger motives behind the court’s …

Sometimes, The House Loses: Caesars In Chapter 11, Mitchell Gladstein, Christian Wilkinson

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Getting Out Of The Woods: Boy Scouts Bankruptcy, Dalton Maddox, Savannah Mcmillan

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Order Up! The Krystal Company Bankruptcy, W. Preston White, Jonathan E. Williams

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Down The Drain: The Bankruptcy Of Insys Therapeutics, Inc., Leah Creathorn, Randi Thompson

Chapter 11 Bankruptcy Case Studies

No abstract provided.

The Bankruptcy Of Remington Outdoor Company: All Bang, No Bucks, Bradshaw Behinfar, Shaun Douglas, Chad Zachman-Brockmeyer

Chapter 11 Bankruptcy Case Studies

No abstract provided.

The Guitar Center Bankruptcy: Getting The Band Back Together, Jonathan Jemison, Jacob Moses

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Common Law Divorce, Michael J. Higdon

Scholarly Works

Common law marriage has existed in the United for more than 200 years. Although not permitted as widely today, every state continues to recognize a common law marriage from one of the handful of states that still permit parties to wed in this informal manner. In contrast, never has there been anything even approaching common law divorce—and for good reason. Namely, the states’ desire to ensure that those who leave unsuccessful marriages do so in such a way that their interests (as well as their children’s) are adequately protected. Nonetheless, even though not sanctioned by law, informal divorce not only …

Custodian Or Not: Scrivener's Error In A Bankruptcy Code Safe Harbor, Thomas E. Plank

Scholarly Works

No abstract provided.

What The Lawyer Well-Being Movement Could Learn From The Americans With Disabilities Act, Alex B. Long

Scholarly Works

In 2017, the ABA National Task Force on Lawyer Well-Being published The Path to Well-Being: Practical Recommendations for Positive Change, a report that contained numerous recommendations concerning how the legal profession can better address the alarming rates of depression, anxiety, and substance abuse within the legal profession. Since the publication of the report, there have been numerous ethics opinions, bar journal reports, and articles dealing with one issue in particular: the ethical duty on the part of law firm partners and management to supervise or to otherwise take action with respect to another lawyer who may be experiencing depression, anxiety, …

The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer

Scholarly Works

This article examines a rare folk ballad to revisit an 1888 Tennessee trial that newspapers referred to as the fastest in the country in which the death penalty was involved. If we look at this event using court records and newspapers, it tells a regrettably common story of a court under pressure from the populace skirting the protections of law. However, if we consider the trial as a performative endeavor, we can rightly consider other performative events, like folk songs, not as reflective of official events but as equivalents that help provide insight into the larger motives behind the court’s …

The Rise Of Directed Trusts And Why It Matters, Amy Morris Hess

Scholarly Works

No abstract provided.

Commentary To Professor Moll's Presentation, Brian Krumm

Scholarly Works

No abstract provided.

Clearinghouse Insolvency: Caution In Disregarding Contractual Allocation Of Losses Between Non-Defaulting Members Or Shareholders, Thomas E. Plank

Scholarly Works

No abstract provided.

Commentary To Dean Fershee's Presentation, George Kuney

Scholarly Works

No abstract provided.

Commentary To Dean Fershee, Judy Cornett

Scholarly Works

No abstract provided.

What Is A Merger Anyway?, Thomas E. Plank

Scholarly Works

No abstract provided.

Commentary To Professor Baker's Presentation, Gary Pulsinelli

Scholarly Works

No abstract provided.

Self-Dealing Rules In The Law Of Private Express Trusts: A Suggestion For Implementation Of Professor Edward's Suggestion, Amy Morris Hess

Scholarly Works

No abstract provided.

Externalities Are Not Illusory, Gregory M. Stein

Scholarly Works

No abstract provided.

What Is A Merger Anyway?, Don Leatherman, Joan Macleod Heminway, Thomas E. Plank

Scholarly Works

Three law professors from different practice and academic backgrounds meet at the water cooler in the faculty wing of a law school in or about 2010. They get engaged in a conversation about mergers and acquisitions that covers much ground--from what a merger actually is (from the perspective of their distinctive areas of legal experience and expertise--business associations, federal income tax, and property law) to factors each believe to be important in choosing a transactional structure for a business combination. This edited panel discussion from the 2019 Business Law Prof Blog symposium, held at The University of Tennessee College of …

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

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.