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Full-Text Articles in Law
Second Amendment Realism, David Wolitz
The 1st Amendment, 2nd Amendment, And 3d Printed Guns, Josh Blackman
The 1st Amendment, 2nd Amendment, And 3d Printed Guns, Josh Blackman
Tennessee Law Review
We are standing at the dawn of the next great industrial revolution. With 3D printers people can print an infinite number of personalized and customized "things." However, one manifestation of this bold new technology threatens to cast a specter on innovation: 3D printed guns. This Article explores how efforts to regulate, or even ban 3D guns, must satisfy constitutional scrutiny under both the First and Second Amendments.
The Second Amendment right to keep and bear arms includes a subsidiary right to acquire arms-what else are you going to keep and bear-which covers both the buyer, and seller in the transaction. …
Educating Athletes Re-Envisioning The Student-Athlete Model, William W. Berry Iii
Educating Athletes Re-Envisioning The Student-Athlete Model, William W. Berry Iii
Tennessee Law Review
This article contends that if the NCAA and universities are serious about saving the current student-athlete model, then they should double-down on the concept of "student" in the student-athlete model. In particular, this paper suggests that adopting a more realistic approach to educating athletes will benefit both the universities and student-athletes, relieving pressure on the current model and improving educational outcomes.
Specifically, this article argues for a revised student-athlete model. First, the new model would require mandatory six-year scholarships for student-athletes and a reduction in the required academic hours "in-season" from nine to three. The model also mandates that students …
Constitutional Law-Suffrage And The State's Interest In Preventing Fraud-The Constitutionality Of Tennessee's Photo Identification Requirement Under Strict Scrutiny, Garett Franklyn
Tennessee Law Review
No abstract provided.
The New Ada Backlash, Nicole Buonocore Porter
The New Ada Backlash, Nicole Buonocore Porter
Tennessee Law Review
No abstract provided.
Rethinking Presumed Knowledge Of The Law In The Regulatory Age, Michael Cottone
Rethinking Presumed Knowledge Of The Law In The Regulatory Age, Michael Cottone
Tennessee Law Review
"But the guilty person is only one of the targets of punishment. For punishment is directed above all at others, at all the potentially guilty."
Criminal Procedure-Juror Misconduct And Bias-Assessing The Prejudicial Effect Of Extra-Judicial Communications By Jurors In A Technologically Advanced Society, Racquel Martin
Tennessee Law Review
No abstract provided.
Clapper V. Amnesty International: Two Or Three Competing Philosophies Of Standing Law?, Bradford C. Mank
Clapper V. Amnesty International: Two Or Three Competing Philosophies Of Standing Law?, Bradford C. Mank
Tennessee Law Review
In its 2013 decision Clapper v. Amnesty International, the United States Supreme Court invoked separation-of-powers principles by holding that public interest groups alleging that the Government was spying on their foreign clients failed to demonstrate Article III standing because they could not prove that the future surveillance injury that they purportedly feared was "certainly impending." Justice Breyer's dissenting opinion argued that "commonsense" suggested that the Government was spying on the plaintiffs' foreign clients and proposed a "reasonable" or "high" probability standing test. Implicitly, the Clapper decision also presented a third approach to standing decisions. In footnote 5 of the opinion, …
A Primer On Professionalism For Doctrinal Professors, Paula Schaefer
A Primer On Professionalism For Doctrinal Professors, Paula Schaefer
Tennessee Law Review
No abstract provided.
Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise, Mark A. Fulks, Ronald S. Range Iii
Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise, Mark A. Fulks, Ronald S. Range Iii
Tennessee Law Review
The United States Supreme Court's decision in United States v. Windsor was perhaps the most anticipated decision of the October 2012 Term. By invalidating the Defense of Marriage Act (DOMA), the Court settled one hotly debated issue. But the Court's rationale gives rise to a litany of questions. Under the rubric of the Fifth Amendment, the Court invalidated a federal statute that denied certain citizens the right to liberty, which was rooted in the state's definition of marriage, and the equal dignity the state sought to protect. In doing so, the Court announced a new test to determine where supreme …
Constitutional Law-The First Amendment Retaliation Doctrine-A Public Employee's Rights Regarding Perceived Political Association Retaliation, Kaitlyn Poirier
Constitutional Law-The First Amendment Retaliation Doctrine-A Public Employee's Rights Regarding Perceived Political Association Retaliation, Kaitlyn Poirier
Tennessee Law Review
No abstract provided.
Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief, Jacob Spangler
Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief, Jacob Spangler
Tennessee Law Review
No abstract provided.
Buying The American Dream: Using Immigration Law To Bolster The Housing Market, Kit Johnson
Buying The American Dream: Using Immigration Law To Bolster The Housing Market, Kit Johnson
Tennessee Law Review
Escaping notice in debate about immigration reform is a proposal that would give residency visas to foreign nationals on the condition that they buy an expensive home. Proponents see visas as a simple way to shore up the U.S. housing market. Yet complications abound. This Article scrutinizes the history, logic, economics, and morals of the proposed homebuyer visa, as well as its intersection with state laws that restrict foreign ownership of land.
Foreword: The Second Amendment As Ordinary Constitutional Law, Glenn Harlan Reynolds
Foreword: The Second Amendment As Ordinary Constitutional Law, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
The First Amendment Guide To The Second Amendment, David B. Kopel
The First Amendment Guide To The Second Amendment, David B. Kopel
Tennessee Law Review
No abstract provided.
Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning
Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning
Tennessee Law Review
No abstract provided.
The Empire Strikes Back: The District Of Columbia's Post-Heller Firearm Registration System, Stephen P. Halbrook
The Empire Strikes Back: The District Of Columbia's Post-Heller Firearm Registration System, Stephen P. Halbrook
Tennessee Law Review
No abstract provided.
Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions, Alice Marie Beard
Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions, Alice Marie Beard
Tennessee Law Review
No abstract provided.
Anti-Justice, Melanie D. Wilson
Anti-Justice, Melanie D. Wilson
Tennessee Law Review
This Article contends that, despite their unique, ethical duty to "seek justice," prosecutors regularly fail to fulfill this ethical norm when removed from the traditional, adversarial courtroom setting. Examples abound. For instance, in 2013, Edward Snowden leaked classified information revealing a government-operated surveillance program known as PRISM. That program allows the federal government to collect metadata from phone companies and email accounts and to monitor phone conversations. Until recently, prosecutors relied on some of this covertly acquired intelligence to build criminal cases against American citizens without informing the accused. In failing to notify defendants, prosecutors violated the explicit statutory directives …
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon
Tennessee Law Review
What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial-even jurors who consciously want to reach a fair and accurate verdict-are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand the law …
The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky
The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky
Tennessee Law Review
No abstract provided.
Constitutional Law-Personal Jurisdiction-A State's Ability To Exercise Jurisdiction Over A Foreign Manufacturer, Karissa Hazzard
Constitutional Law-Personal Jurisdiction-A State's Ability To Exercise Jurisdiction Over A Foreign Manufacturer, Karissa Hazzard
Tennessee Law Review
No abstract provided.
The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael P. O'Shea
The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael P. O'Shea
Tennessee Law Review
No abstract provided.