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Articles 1 - 9 of 9
Full-Text Articles in Law
Fortify Yourself, George Kuney, Telford Fogerty, Devin Lyon
Fortify Yourself, George Kuney, Telford Fogerty, Devin Lyon
College of Law Faculty Scholarship
No abstract provided.
Redefining Summary Judgment By Statute: Has The General Assembly Overruled The Tennessee Supreme Court’S Decision In Hannan?, Matthew Lyon, Judy Cornett
Redefining Summary Judgment By Statute: Has The General Assembly Overruled The Tennessee Supreme Court’S Decision In Hannan?, Matthew Lyon, Judy Cornett
College of Law Faculty Scholarship
No abstract provided.
Gina, Privacy, & Antisubordination, Brad Areheart
Gina, Privacy, & Antisubordination, Brad Areheart
College of Law Faculty Scholarship
This Essay briefly considers both the current and optimal role of privacy in employment discrimination jurisprudence. The recently passed Genetic Information Nondiscrimination Act (GINA) is illustrative of one way to value privacy through employment discrimination mandates. In particular, GINA includes a prohibition on the use of genetic information in all employment decisions, affording a measure of genetic privacy to potential and current employees.GINA stands in contrast to prior employment discrimination statutes, which have often encouraged or required employers to be knowledgeable of and consider particular identity traits through policies such as reasonable accommodation and affirmative action, and the disparate impact …
Contested Elections As Secret Weapon: Legislative Control Over Judicial Decisionmaking, Matthew Lyon, Judy Cornett
Contested Elections As Secret Weapon: Legislative Control Over Judicial Decisionmaking, Matthew Lyon, Judy Cornett
College of Law Faculty Scholarship
No abstract provided.
Fatherhood By Conscription: Nonconsensual Insemination And The Duty Of Child Support, Michael Higdon
Fatherhood By Conscription: Nonconsensual Insemination And The Duty Of Child Support, Michael Higdon
College of Law Faculty Scholarship
Nathaniel was a California teenager who became a father in 1995. The mother of Nathaniel’s child was named Ricci, and at the time of conception, she was thirty-four years old. Nathaniel, however, was merely fifteen. Although Nathaniel admitted to having sex with Ricci voluntarily about five times, the fact that he was under sixteen years of age at the time made it legally impossible for him to consent to sexual intercourse. In other words, under California law, Nathaniel was not only a new father, but was also a victim of statutory rape. Nonetheless, in a subsequent action for child support, …
State Legislative Efforts To Improve Access To Venture Capital, Brian Krumm
State Legislative Efforts To Improve Access To Venture Capital, Brian Krumm
College of Law Faculty Scholarship
No abstract provided.
Federal Income Tax Issues Of Financially Troubled Corporations, Don Leatherman
Federal Income Tax Issues Of Financially Troubled Corporations, Don Leatherman
College of Law Faculty Scholarship
No abstract provided.
Talking Union In Two Languages Labor Rights And Immigrant Workers In East Tennessee, Frances Ansley
Talking Union In Two Languages Labor Rights And Immigrant Workers In East Tennessee, Frances Ansley
College of Law Faculty Scholarship
No abstract provided.
The Anticlassification Turn In Employment Discrimination Law, Brad Areheart
The Anticlassification Turn In Employment Discrimination Law, Brad Areheart
College of Law Faculty Scholarship
The distinction between antisubordination and anticlassification has existed since the 1970s and has been frequently invoked by scholars to advocate for certain readings of antidiscrimination law. The anticlassification principle prohibits practices that classify people on the basis of a forbidden category. In contrast, the antisubordination principle allows classification (or consideration of, for example, race or sex) to the extent the classification is intended to challenge group subordination.While most scholars writing about antisubordination and anticlassification have done so in the context of equal protection, this Article systematically applies antisubordination and anticlassification values to assess recent developments in employment discrimination law and …