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Full-Text Articles in Legal Profession
Cooperative Federalism In Class Actions, Jordan Elias
Cooperative Federalism In Class Actions, Jordan Elias
Tennessee Law Review
No abstract provided.
Assumption Of What? Building Better Market Architecture For Egg Donation, Wynter K. Miller
Assumption Of What? Building Better Market Architecture For Egg Donation, Wynter K. Miller
Tennessee Law Review
No abstract provided.
Attorneys' Fees Under The Post-2007 Freedom Of Information Act: A Onetime Test's Restoration And An Overlooked Touchstone's Adoption, Amir Shachmurove
Attorneys' Fees Under The Post-2007 Freedom Of Information Act: A Onetime Test's Restoration And An Overlooked Touchstone's Adoption, Amir Shachmurove
Tennessee Law Review
No abstract provided.
Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel
Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel
Tennessee Law Review
No abstract provided.
The New Digital Wild West: Regulating The Explosion Of Initial Coin Offerings, Randolph A. Robinson Ii
The New Digital Wild West: Regulating The Explosion Of Initial Coin Offerings, Randolph A. Robinson Ii
Tennessee Law Review
In less than a calendar year, initial coin offerings or "ICOs" have become the fastest growing capital market in the world. In 2016, an entity called The DAO raised $160 million by selling crypto-tokens to over 15,000 individual purchasers around the globe. This massive fund raise would give rise to an entirely new capital ecosystem. In 2017, initial coin offerings would explode, raising a collective $5.1 billion. All of this was done without a single registration being filed with the SEC, and many of these initial coin offerings-including several $100 million raises-were based on little more than a white paper …
Ethics And Public Health Of Driverless Vehicle Collision Programming, Samantha Godwin
Ethics And Public Health Of Driverless Vehicle Collision Programming, Samantha Godwin
Tennessee Law Review
Driverless vehicles present a core ethical dilemma: there is a public health necessity and moral imperative to encourage the widespread adoption of driverless vehicles once they become demonstrably more reliable than human drivers, given their potential to dramatically reduce automobile fatalities, increase autonomy for disabled people, and improve land use and commutes. However, the very technologies that could enable autonomous vehicles to drive more safely than human drivers also imply greater moral responsibility for adverse outcomes. While human drivers must make split-second decisions in automobile collision scenarios, driverless car programmers have the luxury of time to reflect and choose deliberately …
"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman
"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman
Tennessee Law Review
No abstract provided.
Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas, Scott W. Gaylord
Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas, Scott W. Gaylord
Tennessee Law Review
All laws discriminate. Some discriminate in ways that are innocuous (like driving on the right side of the road). Others result in discrimination that is invidious (like segregation laws). And still others, like public accommodations laws, are meant to preclude discrimination against certain groups of individuals. Such antidiscrimination laws also discriminate, but they generally do so against offensive or undesirable conduct, which is unprotected under the Constitution. But what happens when antidiscrimination laws are applied to the expression of individuals or for-profit businesses? In particular, what happens when a state attempts to require a for-profit business to design and create …
Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot
Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot
Tennessee Law Review
No abstract provided.
Debunking The Ncaa's Myth That Amateurism Conforms With Antitrust Law: A Legal And Statistical Analysis, Thomas A. Baker Iii, Marc Edelman, Nicholas M. Watanabe
Debunking The Ncaa's Myth That Amateurism Conforms With Antitrust Law: A Legal And Statistical Analysis, Thomas A. Baker Iii, Marc Edelman, Nicholas M. Watanabe
Tennessee Law Review
This article provides the first detailed study to show that paying college football players does not decrease fan interest in watching college football-substantially debunking the NCAA's myth that amateurism conforms to the requirements of antitrust law. Part I of this article details the history of collegiate sports in the United States and the NCAA's amateurism rules. Part II examines the origins and evolution of the NCAA's procompetitive presumption defense of amateurism; a legal fiction that presumes consumer interest in amateurism justifies a quasi-antitrust exemption for the NCAA's "no pay" rules. Part III sets the framework for our empirical study by …
The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles
The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles
Book Chapters
No abstract provided.
Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler
Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler
Tennessee Law Review
No abstract provided.
The Emoji Factor: Humanizing The Emerging Law Of Digital Speech, Elizabeth Kirley, Marilyn Mcmahon
The Emoji Factor: Humanizing The Emerging Law Of Digital Speech, Elizabeth Kirley, Marilyn Mcmahon
Tennessee Law Review
Emoji are widely perceived as whimsical, humorous or affectionate adjuncts to online communications. We are discovering, however, that they are much more: they hold a complex socio-cultural history and perform a role in social media analogous to non-verbal behavior in offline speech. This paper suggests emoji are the seminal workings of a nuanced, rebus-type language, one serving to inject emotion, creativity, ambiguity-in other words, "humanity "-into computer-mediated communications. That perspective challenges doctrinal and procedural requirements of our legal systems, particularly as they relate to such requisites for establishing guilt or fault as intent, foreseeability, consensus, and liability when things go …
Tribute To Spenser F. Powell, John L. Sobieski Jr., Marshall Jensen
Tribute To Spenser F. Powell, John L. Sobieski Jr., Marshall Jensen
Tennessee Law Review
No abstract provided.
The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin
The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin
Tennessee Law Review
No abstract provided.
Faithful Execution: The Persistent Myth Of Widespread Prosecutorial Misconduct, Timothy C. Harker
Faithful Execution: The Persistent Myth Of Widespread Prosecutorial Misconduct, Timothy C. Harker
Tennessee Law Review
Professors, politicians, activists, journalists, and bloggers alike stand ready to denounce prosecutorial misconduct-the more egregious the misconduct, the more vociferous the denunciation, and rightly so. Ordinarily, such public denunciation would have a salubrious effect. Unfortunately, this remedial process has been hijacked by those who insist that prosecutorial misconduct is widespread and has infected all facets of the criminal justice system, to the detriment of defendants and the consternation of the public. Their vitriol precludes a dispassionate evaluation of the criminal justice system generally and prosecutorial misconduct specifically. This article demonstrates that, contrary to expectations, prosecutorial misconduct occurs with reassuring infrequency. …
Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie
Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie
Tennessee Law Review
No abstract provided.
Zombie Cinderella And The Undead Public Domain, Rebecca Schoff Curtin
Zombie Cinderella And The Undead Public Domain, Rebecca Schoff Curtin
Tennessee Law Review
This Article takes a recent case from the Trademark Trial and Appeal Board as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a new doll company sought to register the mark "Zombie Cinderella" for dolls. The examining attorney initially refused registration because "Zombie Cinderella" dolls were found to be confusingly similar to "Walt Disney's Cinderella" dolls. This ruling would have implied that Disney had the exclusive right to market dolls using the "Cinderella" name, a name that carries with it the …
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining
Tennessee Law Review
This Article uses the September 2017 defamation decision in Simmons v. American Media, Inc. as a springboard for examining defamatory meaning and reputational injury. Specifically, it focuses on cases in which judges acknowledge that plaintiffs have suffered reputational harm yet rule for defendants because promoting the cultural value of equality weighs against redress. In Simmons, a normative, axiological judgment-that the law should neither sanction nor ratify prejudicial views about transgender individuals prevailed at the trial court level over a celebrity's ability to recover for alleged reputational harm. Simmons sits at a dangerous intersection: a crossroads where a noble judicial desire …
Restoring Fairness To Campus Sex Tribunals, Cynthia V. Ward
Restoring Fairness To Campus Sex Tribunals, Cynthia V. Ward
Tennessee Law Review
No abstract provided.
Patagonia Vs. Trump, Richard Henry Seamon
A Fighting Chance? Small Family Farmers And How Little We Know, Jamey Mavis Lowdermilk
A Fighting Chance? Small Family Farmers And How Little We Know, Jamey Mavis Lowdermilk
Tennessee Law Review
No abstract provided.