Law Commons^™

Title Ix In The Technological Age-Challenging Rape Culture And Myths Through Fairer Use Of Electronic Communications, Drew Simshaw

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Transgender Bathroom Rights In The Time Of Trump, Catherine Jean Archibald

Tennessee Journal of Race, Gender, & Social Justice

On May 13, 2016, the Obama Administration issued a guidance document entitled “Dear Colleague Letter on Transgender Students,” which interpreted federal law as requiring that transgender students be permitted to use bathrooms that correspond with their gender identity in schools receiving federal funding. Considerable litigation ensued. Less than a year later, on February 22, 2017, the Trump Administration rescinded this guidance document. The Trump Administration asserts that it should be up to individual states to decide what bathrooms transgender children may use in schools.

This article addresses where transgender bathroom rights stand now that Obama’s Dear Colleague Letter has been …

It's Not Complicated: Containing Criminal Law's Influence On The Title Ix Process, Margaret Drew

Tennessee Journal of Race, Gender, & Social Justice

Title IX processes that address campus sexual assault are undergoing dramatic changes in structure as well as in policy review. After receipt of the Department of Education’s 2011 “Dear Colleague” letter, colleges and universities were impelled to review how their institutions were implementing Title IX. From website information through investigation and decision-making on alleged violations, the ways in which higher education addresses federally guided changes is a matter of national conversation. This article addresses change considering campus sexual assault allegations, and does not explicitly address other forms of Title IX complaints, such as athletic funding and opportunities. This essay limits …

On The Same Team: Locker Room Talk, Student Athletes, And A Call For A Restorative Justice Approach To Sexual Assault Education, Brian A. Pappas

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Title Ix's Field Of Unrealistic Dreams: If You Build It, Will They Come?, Becky L. Jacobs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Table Of Contents, Eboni A. James

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Emerging Antitrust Threats And Enforcement Actions In The Online World, Maurice Stucke, Ariel Ezrachi

College of Law Faculty Scholarship

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 …

Incorporating Race Into Your Legal Research Class, Shamika Dalton

Scholarly Works

No abstract provided.

Professional Responsibility In An Age Of Alternative Entities, Alternative Finance, And Alternative Facts, Joan Macleod Heminway

Scholarly Works

Business lawyers in the United States find little in the way of robust, tailored guidance in most applicable bodies of rules governing their professional conduct. The relative lack of professional responsibility and ethics guidance for these lawyers is particularly troubling in light of two formidable challenges in business law: legal change and complexity. Change and complexity arise from exciting developments in the industry that invite — even entice — the participation of business lawyers.

This essay offers current examples from three different areas of business law practice that involve change and complexity. They are labeled: “Alternative Entities,” “Alternative Finance,” and …

Selling Crowdfunded Equity: A New Frontier, Joan Macleod Heminway

Scholarly Works

This article briefly offers information and observations about federal securities law transfer restrictions imposed on holders of equity securities purchased in offerings that are exempt from federal registration under the CROWDFUND Act, Title III of the JOBS Act. The article first generally describes crowdfunding and the federal securities regulation regime governing offerings conducted through equity crowdfunding — most typically, the offer and sale of shares of common or preferred stock in a corporation over the Internet — in a transaction exempt from federal registration under the CROWDFUND Act and the related rules adopted by the U.S. Securities and Exchange Commission. …

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 …

To Avoid The Ieds, Mind The Ethical Touchstones, George Kuney

Scholarly Works

No abstract provided.

Tennessee's For Profit Benefit Corporation Act: Will More Regulation Achieve The Desired Results, Brian Krumm

Scholarly Works

No abstract provided.

Financing Social Enterprise: Is The Crowd The Answer?, Joan Macleod Heminway

Scholarly Works

How does a business that wants “do good” while doing well finance its operations? In particular, how does a business of that kind find investors who understand and are committed to both its nonfinancial and financial objectives? This chapter addresses issues at the intersection of corporate governance and corporate finance with those questions in mind. Specifically, the pages that follow assess common foundational elements of social enterprise and crowdfunding and whether crowdfunding may be a promising (or even suitable) source of funding for social enterprise businesses.

As young popular and populist corporate governance and corporate finance adventures, social enterprise and …

How Digital Assistants Can Harm Our Economy, Privacy, And Democracy, Maurice Stucke, Ariel Ezrachi

College of Law Faculty Scholarship

“All you need to do is say,” a recent article proclaimed, “‘I want a beer’ and Alexa will oblige. The future is now.” Advances in technology have seemingly increased our choices and opened markets to competition. As we migrate from brick-and-mortar shops to online commerce, we seemingly are getting more of what we desire at better prices and quality. And yet, behind the competitive façade, a more complex reality exists. We explore in our book “Virtual Competition” several emerging threats, namely algorithmic collusion, behavioural discrimination, and abuses by dominant super-platforms. But the harm is not just economic. The potential anticompetitive …

Virtual Competition The Rise Of Unchallenged Collusion And Discrimination?, Maurice Stucke, Ariel Ezrachi

College of Law Faculty Scholarship

No abstract provided.

We, The People - Whoever That Is [Reviews], Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

2017 Transactional Clinic Conference -- June 1-2, 2017 Philadelphia. Results Of A Survey Of Conference Participants On Skills, Competencies, Learning Outcomes And Assessments (And Other Transactional Clinic Demographics), Brian Krumm

Scholarly Works

The authors were presenters at the 2017 Transactional Clinic Conference: Built for Impact, held at University of Pennsylvania Law School in Philadelphia on June 1-2. Their topic was Learning Outcomes, Competencies, Skills and Assessments in Transactional Clinics. As part of their presentation, they prepared a survey of conference participants to gather information about how they define learning outcomes, and define and assess competencies and skills in their transactional clinics. The survey also asked numerous demographic questions about the transactional clinics which were represented, including types of clients represented and matters addressed, number of students supervised, prerequisites, grading, use of technology, …

Safe Haven Conundrum: The Use Of Special Bailments To Keep Pets Out Of Violent Households, Joan Macleod Heminway

Scholarly Works

Family violence is a continuing social problem that breeds new complexity at every turn. Just as we seem to get a modicum of control over the sheltering of at-risk mothers and children (among other human victims), we find that family pets—dependent creatures endangered by the same violent behavior that threatens their human caretakers—often are left unprotected or under-protected by both law and society. In most cases, pets are unable to be sheltered with human victims of domestic violence due to shelter restrictions. Restrictions on the sheltering of abuse victims with their pets result in difficult choices for human victims who …

Equality And Nondiscrimination Through The Eyes Of An International Religious Organization: The Organization Of Islamic Cooperation's (Oic) Response To Women's Rights, Robert C. Blitt

Scholarly Works

This article is the first of a two part series that draws on women’s rights and sexual orientation and gender identity (SOGI) to explore how the Organization of Islamic Cooperation (OIC) represents, interprets and seeks to impact the right to equality and protection against discrimination as enshrined under international human rights law. The study is a novel one in as much as the OIC is neither a state nor a religious group per se. Rather, the OIC stands out as the only contemporary intergovernmental organization unifying its member states around the commonality of a single religion. In this capacity, the …

Rejecting The Wrongs Of Yesterday: A Multifaceted Approach To Eliminating Racial Disparities In The Arkansas Criminal Justice System, Adjoa A. Aiyetoro, Tara V. Dejohn

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Failing To Fund Fairly: Title Ix Athletics Scholarships Compliance, Barbara J. Osborne

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Making Gender Visible: Title Ix And Discriminatory School Discipline, Verna Williams

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah L. Brake

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Table Of Contents, Tabitha Johnson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Trump Entertainment Resorts: Three Bankruptcies And The Failure To Make Atlantic City Great Again, Ryan Gallagher, Andrew Hale

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Why Can't We Be Friends? A Business Finance Lawyer's Plaintive Plea To Entrepreneurs, Joan Macleod Heminway

Scholarly Works

Entrepreneurs have the capacity to add value to the economy and the community. Business lawyers — including business finance lawyers — want to help entrepreneurs achieve their objectives. Despite incentives to a symbiotic relationship, however, entrepreneurs and business finance lawyers are not always the best of friends. This symposium piece offers several approaches to bridging this gap between entrepreneurs and business finance lawyers.