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Articles 31 - 60 of 428
Full-Text Articles in Law
Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Glenn Harlan Reynolds, Brannon P. Denning
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
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
A Rejoinder To Professor Padfield: Lobbying The States For Anti-Esg Legislation, Dwight Aarons
Scholarly Works
No abstract provided.
The Future Of American Legal Tech: Regulation, Culture, Markets, Benjamin H. Barton
The Future Of American Legal Tech: Regulation, Culture, Markets, Benjamin H. Barton
Book Chapters
America’s legal technology boom presents a puzzle. On the one hand, America’s market for legal services is among the most tightly regulated in the world, suggesting infertile ground for a legal technology revolution. America has the world’s most robustly protected lawyer monopoly. Its version of the prohibition against the unauthorized practice of law (UPL) is among the broadest and most aggressive in the world because it theoretically bans all non-lawyers from giving any “legal advice” in addition to the more typical bar against filing papers or appearing in court. Likewise, America’s barriers to entering the legal profession are exceedingly high: …
The Absurdity Of Criminalizing Encouraging Words, Eric Franklin Amarante
The Absurdity Of Criminalizing Encouraging Words, Eric Franklin Amarante
Scholarly Works
This article discusses the Supreme Court’s holding in Hansen v. U.S., which upheld a statute that makes it a felony to encourage an undocumented person to remain in the United States.
Don't Get Lost In Translation!, Sherley Cruz
Don't Get Lost In Translation!, Sherley Cruz
Tennessee Law in the News
This piece highlights the importance of creating a language access plan and knowing how to work with interpreters.
Antitrust, Algorithmic Pricing And Tacit Collusion, Maurice Stucke, Ariel Ezrachi
Antitrust, Algorithmic Pricing And Tacit Collusion, Maurice Stucke, Ariel Ezrachi
Book Chapters
No abstract provided.
Antitrust Enforcement And Market Power In The Digital Age: Is Your Digital Assistant Devious?, Maurice Stucke, Ariel Ezrachi
Antitrust Enforcement And Market Power In The Digital Age: Is Your Digital Assistant Devious?, Maurice Stucke, Ariel Ezrachi
Book Chapters
No abstract provided.
Financing Rural Health Care, Isaac ("Zack") D. Buck
Financing Rural Health Care, Isaac ("Zack") D. Buck
Scholarly Works
No abstract provided.
A Simple Solution To Policing For Profit, Penny J. White, Glenn Harlan Reynolds
A Simple Solution To Policing For Profit, Penny J. White, Glenn Harlan Reynolds
Tennessee Law in the News
No abstract provided.
The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer
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 Supreme Court Needs Diversity In More Ways Than One, Benjamin H. Barton
The Supreme Court Needs Diversity In More Ways Than One, Benjamin H. Barton
Tennessee Law in the News
Professor Barton recently authored an op-ed, "The Supreme Court Needs Diversity in More Ways Than One," which ran in the January 30th edition of the The Wall Street Journal. The piece is based on his new book The Credentialed Court.
Sometimes, The House Loses: Caesars In Chapter 11, Mitchell Gladstein, Christian Wilkinson
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
Getting Out Of The Woods: Boy Scouts Bankruptcy, Dalton Maddox, Savannah Mcmillan
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty Before Brown V. Board Of Education, Briana Lynn Rosenbaum
Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty Before Brown V. Board Of Education, Briana Lynn Rosenbaum
Tennessee Law Review
Many histories of school desegregation litigation center on the natural protagonists, such as the lawyers and plaintiffs who fought the status quo. Little attention is paid to the role that individual faculty members played in the perpetuation of segregated legal education. When the antagonists in the historiographies do appear, it is usually as anonymous individuals and groups. Thus, "the Board of Regents" refused to change its policy and "the University" denied a person's application.
But recently discovered and rarely accessed historic documents provide proof of the direct role that some law school faculty members played in the perpetuation of segregation. …
Custodian Or Not: Scrivener's Error In A Bankruptcy Code Safe Harbor, Thomas E. Plank
Custodian Or Not: Scrivener's Error In A Bankruptcy Code Safe Harbor, Thomas E. Plank
Scholarly Works
No abstract provided.
Order Up! The Krystal Company Bankruptcy, W. Preston White, Jonathan E. Williams
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
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
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
The Guitar Center Bankruptcy: Getting The Band Back Together, Jonathan Jemison, Jacob Moses
Chapter 11 Bankruptcy Case Studies
No abstract provided.
What The Lawyer Well-Being Movement Could Learn From The Americans With Disabilities Act, Alex B. Long
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, …
Common Law Divorce, Michael J. Higdon
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 …
The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer
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
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
Commentary To Professor Moll's Presentation, Brian Krumm
Scholarly Works
No abstract provided.
Commentary To Dean Fershee's Presentation, George Kuney
Commentary To Dean Fershee's Presentation, George Kuney
Scholarly Works
No abstract provided.
Clearinghouse Insolvency: Caution In Disregarding Contractual Allocation Of Losses Between Non-Defaulting Members Or Shareholders, Thomas E. Plank
Clearinghouse Insolvency: Caution In Disregarding Contractual Allocation Of Losses Between Non-Defaulting Members Or Shareholders, Thomas E. Plank
Scholarly Works
No abstract provided.
Hamilton, Hip-Hop, And The Culture Of Dueling In America, Glenn Harlan Reynolds
Hamilton, Hip-Hop, And The Culture Of Dueling In America, Glenn Harlan Reynolds
Book Chapters
No abstract provided.
Why It's A Bad Idea To Let A Few Tech Companies Monopolize Our Data, Maurice Stucke
Why It's A Bad Idea To Let A Few Tech Companies Monopolize Our Data, Maurice Stucke
Book Chapters
No abstract provided.
What Is A Merger Anyway?, Don Leatherman, Joan Macleod Heminway, Thomas E. Plank
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 …