Unconstitutional Quartering, Governmental Immunity, And Van Halen's Brown M&M Test,
2015
University of Tennessee College of Law
Unconstitutional Quartering, Governmental Immunity, And Van Halen's Brown M&M Test, Tom W. Bell
Tennessee Law Review
The jurisprudence of the Third Amendment, which limits the quartering of troops in private homes, effectively consists of just one case: Engblom v. Carey.' But what a case! In addition to showcasing an unjustly neglected corner of our constitutional heritage, Engblom demonstrates the troubling effects of a dubious legal doctrine: governmental immunity. Though the court of appeals had held New York officials potentially liable for violating the Third Amendment when they had quartered National Guard troops in the dormitory rooms of striking prison guards, the lower court on remand in Engblom denied the plaintiffs a remedy. Why? Because throughout the …
Are The Rights Guaranteed By The Third Amendment Sufficiently Deep Rooted And Fundamental To Be Incorporated Into The Fourteenth?,
2015
University of Tennessee College of Law
Are The Rights Guaranteed By The Third Amendment Sufficiently Deep Rooted And Fundamental To Be Incorporated Into The Fourteenth?, E. Duncan Getchell Jr., Matthew D. Fender, Michael H. Brady
Tennessee Law Review
No abstract provided.
The "War" Against Crime: Ferguson, Police Militarization And The Third Amendment,
2015
University of Tennessee College of Law
The "War" Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley
Tennessee Law Review
No abstract provided.
An Unavoidably Brief Historiography Of The Third Amendment,
2015
University of Tennessee College of Law
An Unavoidably Brief Historiography Of The Third Amendment, Scott D. Gerber
Tennessee Law Review
"For the record, many of my colleagues, after learning that I was to speak on the Third Amendment, sheepishly asked me what the Third Amendment is."
-Morton J. Horwitz in Valparaiso University Law Review
"The earliest efforts to curb the abuses relating to the involuntary quartering of soldiers appeared in the charters of towns and boroughs. Examples of those early enactments included Henry I's London Charter of 1130, which contained the passage '[1]et no one be billeted within the walls of the city, either of my household, or by force of anyone else . .. .' Those charters were the …
Third Amendment Penumbras: Some Preliminary Observations,
2015
University of Tennessee College of Law
Third Amendment Penumbras: Some Preliminary Observations, Glenn Harlan Reynolds
Tennessee Law Review
The Bill of Rights may be facing its Frederick Jackson Turner moment, the day when its last frontier is being settled and cultivated.' Previously neglected parts of the Bill of Rights-the Ninth Amendment, the Tenth Amendment, even the Second Amendment 2 -are no longer uncharted. And now, with this Symposium, the last neglected amendment, the Third Amendment,3 already lightly explored, is seeing the first small settlements spring up.
The questions raised elsewhere in this issue are worthy, and their answers important, but my own contribution, such as it is, is inspired by the famous words of Leon Lipson, as reported …
Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review,
2015
University of Tennessee College of Law
Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review, Callie Jennings
Tennessee Law Review
No abstract provided.
Constitutional Law-Equal Protection Clause-Using The Ballot Box To Overturn Affirmative Action In University Admissions,
2015
University of Tennessee College of Law
Constitutional Law-Equal Protection Clause-Using The Ballot Box To Overturn Affirmative Action In University Admissions, Russ Swafford
Tennessee Law Review
No abstract provided.
A Word On The Third: Three Approaches To The Third Amendment's Place In Constitutional Rhetoric,
2015
University of Tennessee College of Law
A Word On The Third: Three Approaches To The Third Amendment's Place In Constitutional Rhetoric, Gabriel Latner
Tennessee Law Review
"War is not a courtesy but the most horrible thing in life; and we ought to understand that, and not play at war. We ought to accept this terrible necessity sternly and seriously."
"[The Constitutional Amendment prohibiting forced quartering except in times of] War, (ooh, yeah, good God y'all), what is it good for?"
- War & Peace by Leo Tolstoy and Edwin Starr
Constitutional Law-Second Amendment Right To Bear Arms-Valid Constitutional Restrictions On The Right To Bear Arms,
2015
University of Tennessee College of Law
Constitutional Law-Second Amendment Right To Bear Arms-Valid Constitutional Restrictions On The Right To Bear Arms, Matthew Sipf
Tennessee Law Review
No abstract provided.
Wartime Quartering With And Without Legislative Authorization,
2015
University of Tennessee College of Law
Wartime Quartering With And Without Legislative Authorization, William Gill
Tennessee Law Review
No abstract provided.
The Third Amendment's Consent Clause: A Conceptual Framework For Analysis And Application,
2015
University of Tennessee College of Law
The Third Amendment's Consent Clause: A Conceptual Framework For Analysis And Application, Mark A. Fulks, Ronald S. Range Iii
Tennessee Law Review
No abstract provided.
Denying The Dyad: How Criminalizing Pregnant Drug Use Harms The Baby, Taxpayers And Vulnerable Women,
2015
University of Tennessee College of Law
Denying The Dyad: How Criminalizing Pregnant Drug Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander
Tennessee Law Review
No abstract provided.
A Theory Of Shareholder Activism And Its Place In Corporate Law,
2015
University of Tennessee College of Law
A Theory Of Shareholder Activism And Its Place In Corporate Law, Bernard S. Sharfman
Tennessee Law Review
Offensive shareholder activism (more commonly known as hedge fund activism) can be understood as a corrective mechanism in the governance of a public company. The legitimacy of offensive shareholder activism as a corrective mechanism is based on numerous empirical studies that have found this type of activism to be both wealth enhancing for shareholders and performance enhancing for the target companies. A non-empirical argument can also be made in support of offensive shareholder activism that focuses on the ability of the board of directors to act as an impartial arbitrator deciding between the advices provided by executive management and the …
Author Index,
2015
University of Tennessee College of Law
Identifying The Culprit In Wrongful Convictions,
2015
University of Tennessee College of Law
Identifying The Culprit In Wrongful Convictions, Valena Elizabeth Beety
Tennessee Law Review
No abstract provided.
Editorial Board,
2015
University of Tennessee College of Law
End The Popularity Contest: A Proposal For Second Amendment "Type Of Weapon" Analysis,
2015
University of Tennessee College of Law
End The Popularity Contest: A Proposal For Second Amendment "Type Of Weapon" Analysis, Cody J. Jacobs
Tennessee Law Review
The Supreme Court's recognition in District of Columbia v. Heller of an individual Second Amendment right to bear arms for self defense raised many questions about the scope of that right. One issue that will become increasingly important in the years ahead, but that has received relatively little attention from scholars and courts, is the question of which "arms" are protected by that right. Heller purports to establish a test that asks whether the weapon at issue is in "common use" at the time the case is decided. This Article critiques that test, arguing that it creates poor incentives, is …
Harper Lee's First Novel: A Review Of Go Set A Watchman (Harper Collins 2015),
2015
University of Tennessee College of Law
Harper Lee's First Novel: A Review Of Go Set A Watchman (Harper Collins 2015), Judy M. Cornett
Tennessee Law Review
No abstract provided.
Evolving Standards Of Domination: Abandoning A Flawed Legal Standard And Approaching A New Era In Penal Reform,
2015
University of Pittsburgh School of Law
Evolving Standards Of Domination: Abandoning A Flawed Legal Standard And Approaching A New Era In Penal Reform, Spearit
Articles
This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social …
Empirical Doctrine,
2015
University of Pittsburgh School of Law
Empirical Doctrine, Jessie Allen
Articles
We can observe and measure how legal decision makers use formal legal authorities, but there is no way to empirically test the determinative capacity of legal doctrine itself. Yet, discussions of empirical studies of judicial behavior sometimes conflate judges’ attention to legal rules with legal rules determining outcomes. Doctrinal determinacy is not the same thing as legal predictability. The extent to which legal outcomes are predictable in given contexts is surely testable empirically. But the idea that doctrine’s capacity to produce or limit those outcomes can be measured empirically is fundamentally misguided. The problem is that to measure doctrinal determinacy, …
