Digital Commons Network^™

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 …

Editorial Board

Tennessee Law Review

No abstract provided.

Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review, Callie Jennings

Tennessee Law Review

No abstract provided.

Tranquility & Mosaics In The Fourth Amendment: How Our Collective Interest In Constitutional Tranquility Renders Data Dragnets Like The Nsa's Telephony Metadata Program A Search, Michael Gentithes

Tennessee Law Review

No abstract provided.

The Patented Design, Sarah Burstein

Tennessee Law Review

The design patent system is over 170 years old; however, the law of design patents is woefully underdeveloped and undertheorized. One particularly important open question has to do with the very nature of the protected subject matter-what, exactly, is "the patented design'? Accordingly, it is not clear whether the use of a claimed shape on a different type of product or a visual representation of a patentee's commercial embodiment constitutes infringement. This Article argues that neither use should be deemed to be infringing because the patented design should be conceptualized as the design as applied to a specific type of …

Author Index

Tennessee Law Review

No abstract provided.

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 …

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.

A Step In The Right Direction: How Sun Capital’S Trade Or Business Decision Could Promote Common Sense And Fair Treatment Under The Tax Code, Richard Bailey

Saint Louis University Public Law Review

No abstract provided.

Title Ix And Sexual Violence On College Campuses: The Need For Uniform On-Campus Reporting, Investigation, And Disciplinary Procedures, Keri Smith

Saint Louis University Public Law Review

No abstract provided.

Federal Civil Procedure-Personal Jurisdiction-General Jurisdiction Over Foreign Corporations Based Upon Domestic Subsidiary Activity Within The Forum State, Katherine Smalley

Tennessee Law Review

No abstract provided.

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.

The Public Trust Doctrine, Private Water Allocation, And Mono Lake: The Historic Saga Of National Audubon Society V. Superior Court, Erin Ryan

Scholarly Publications

This Article tells the epic tale of the fall and rise of Mono Lake—the strange and beautiful Dead Sea of California—which fostered some of the most important environmental law developments of the last century, and which has become a platform for some of the most potentially important developments in the new century. It shares the backstory and legacy of the California Supreme Court’s famous decision in National Audubon Society v. Superior Court, 658 P.2d 709 (Cal. 1983), known more widely as “the Mono Lake case.” Inspired by innovative legal scholarship and advocacy, the decision spawned a quiet legal revolution in …

A Linguistic Justification For Protecting "Generic" Trademarks, Jake Linford

Scholarly Publications

A trademark is created when a new meaning is added to an existing word or when a new word is invented in order to identify the source of a product. This Article contends that trademark law fails in critical ways to reflect our knowledge of how words gain or lose meaning over time and how new meanings become part of the public lexicon, a phenomenon commonly referred to as semantic shift. Although trademark law traditionally turns on protecting consumers from confusing ambiguity, some of its doctrines ignore consumer perception in whole or in part. In particular, the doctrine of trademark …

The Long-Term Implications Of Gonzaga V. Doe, Bradford Mank

Faculty Articles and Other Publications

State and local governments are often responsible for disbursing federal medical, educational, and welfare benefits. What happens when they deny or revoke them unfairly? Some recipients have used 42 U.S.C. § 1983 as a way to enforce the underlying statutes. The Supreme Court decision in Gonzaga University v. Doe, 536 U.S. 273 (2002), made this more difficult. In doing so, the Court adopted stringent rules for the use of § 1983 to enforce any federal laws, including the nation’s civil rights laws.

Wartime Quartering With And Without Legislative Authorization, William Gill

Tennessee Law Review

No abstract provided.

The University Of Texas Of The Permian Basin Undergraduate Catalog 2015-2017, The University Of Texas Of The Permian Basin

Course Catalogs

No abstract provided.

Biology 107 Introduction To Evolution Online Fall 2015, Bryan Krall

Biology Courses

No abstract provided.

Biology 101-002 General Biology Fall 2015, Bryan Krall

Biology Courses

No abstract provided.

Prediction Of Nonradical Au (0)-Containing Precursors In Nanoparticle Growth Processes, Brian M. Barngrover, Timothy J. Manges, Christine M. Aikens

Faculty Publications

This density functional theory (DFT) investigation examines the formation of nonradical Au(0) species from the reduction of Au(I) species. The Au(I) complexes of interest are AuCl₂^–, AuBr₂^–, AuI₂^–, AuClPH₃, and AuCl(H)SCH₃⁽⁻⁾, which are precursors for gold nanoparticle and cluster formation. Reaction of two of the Au(I) species with a hydride results in ejection of two of the ligands and formation of Au₂ with two ligands still attached. AuX₂^– (where X = Cl, Br, or I) reactions eject two halides and form Au_{2 …}

Cross-Continental Care: Us And Cuban Medical Internationalism In Bolivia, Madeleine Blain

Latin American Studies Honors Projects

How can something as commonplace as going to the doctor influence international politics? In Bolivia, medicine is bound in politics. The political structure of a country both influences the approach to health care, and determines how that approach is most effectively implemented internationally. Building upon a framework of conceptual difference between capitalist and socialist health systems, this paper examines “effective” models of US and Cuban international health care on both a political and individual level. Drawing on fieldwork conducted in a Bolivian hospital, interviews with doctors working internationally, and current literature, I seek to discern what defines “effective” international health …

Primitivism And Identity In Latin America: The Appropriation Of Indigenous Cultures In 20th-Century Latin American Art, Rachel Newman

Art History Honors Papers

No abstract provided.

Navigating The Shifting Winds Of Activism: The Woman's Reform Society's Movement, Jier Yang

East Asian Languages and Cultures Department Honors Papers

No abstract provided.

Professors Do Not Provide Childs Support, Gregg D. Polsky, Brant J. Hellwig

Scholarly Articles

In "Structuring Legal Fees Without Annuities: Offspring of Childs," Tax Notes, July 20, 2015, p. 341 , Robert W. Wood argues that Childs v. Commissioner, 103 T.C. 634 (1994), provides tremendous investment flexibility for plaintiffs' lawyers who choose to invest their contingent fees in tax-favored structured attorney fee products. Likewise, Gerald Nowotny has recently noted that the Childs case allows those lawyers to invest their contingent fees in private placement variable annuities.

We agree with Wood and Nowotny. In fact, the reasoning of Childs would allow any taxpayer in any industry to use similar vehicles to invest items of …

A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez

Faculty Publications

This article intends to explore the interplay between different dispute processing mechanisms and fora in the realm of transnational litigation, through the lens of the Chevron-Ecuador legal saga. My goal is to discuss the transformation of a transnational complex case and the challenges faced by the parties, their procedural strategies, and the perceived advantages of the different mechanisms. In this regard, I will also address the development of mechanisms for the protection of diffuse rights involving the environment; the role of the courts in supervising compliance with judicial remedies, their engagement in activities that go beyond their traditional role as …

Reality’S Bite, Kerri Lynn Stone

Faculty Publications

The realities of the workplace have been captured by years of socio-scientific, industrial organizational, and other psychological research. Human behavior and thought, interpersonal dynamics, and organizational behavior, with all of their nuances and fine points, are now better understood than they have ever been before, but unless they are used to inform and buttress the rules of law and interpretations promulgated by courts, Title VII’s ability to successfully regulate the workplace to rid it of discrimination will be threatened. This article expands upon that premise, lamenting judges, and specifically justices having eschewed available research and other insights into workplace realities, …

The War Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley

Faculty Publications

The shooting death of eighteen-year-old Michael Brown by Ferguson, Missouri police officer Darren Wilson has sparked a renewed national conversation about the militarization of police. While Officer Wilson’s deadly encounter with Brown did not involve militarized force, subsequent protests, looting, and riots have triggered the display and use of armored vehicles, M4 assault rifles, Humvees, Kevlar vests, grenades, camouflage, and other military-style equipment by state and local police. U.S. Attorney General Eric Holder criticized the police response, asserting, “At a time when we must seek to rebuild trust between law enforcement and the local community, I am deeply concerned that …

Moving From Capstones Toward Cornerstones: Successes And Challenges In Applying Systems Biology To Identify Mechanisms Of Autism Spectrum Disorders, Nathan Kopp, Sharlee Climer, Joseph D. Dougherty

Computer Science Faculty Works

The substantial progress in the last few years toward uncovering genetic causes and risk factors for autism spectrum disorders (ASDs) has opened new experimental avenues for identifying the underlying neurobiological mechanism of the condition. The bounty of genetic findings has led to a variety of data-driven exploratory analyses aimed at deriving new insights about the shared features of these genes. These approaches leverage data from a variety of different sources such as co-expression in transcriptomic studies, protein-protein interaction networks, gene ontologies (GOs) annotations, or multi-level combinations of all of these. Here, we review the recurrent themes emerging from these analyses …

Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba

Children's Legal Rights Journal

No abstract provided.

The Icwa’S Pre-Existing Custody Requirement: A Flexible Approach To Better Protect The Interests Of Indian Fathers, Children, And Tribes, Jeffrey A. Parness, Amanda Beveroth

Children's Legal Rights Journal

No abstract provided.