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Full-Text Articles in Law
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.
Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds
Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
Daimler And The Jurisdictional Triskelion, Zoe Niesel
Daimler And The Jurisdictional Triskelion, Zoe Niesel
Tennessee Law Review
Twice in the past three years, in Goodyear Dunlop Tires Operations, S.A. v. Brown and Daimler AG v. Bauman, the Supreme Court articulated a new landscape of general personal jurisdiction; namely, exercises of dispute-blind jurisdiction will be based on a determination of whether a corporation is "at home" in the jurisdiction, not on whether the corporation had continuous and systematic contacts in the forum state. The Court's test was further explained in terms of three different fora: where the corporation is incorporated, where it maintains its principal place of business, and where there are unique circumstances suggesting that the corporation …
Sentencing Rules And Standards: How We Decide Criminal Punishment, Jacob Schuman
Sentencing Rules And Standards: How We Decide Criminal Punishment, Jacob Schuman
Tennessee Law Review
Over the past 300 years, American sentencing policy has alternated between "determinate" and "indeterminate" systems of deciding punishment. Debates over sentence determinacy have so far focused on three main questions: Who should decide punishment? What makes punishment fair? Why should we punish wrongdoers at all?
In this Article, I ask a new, fourth question: How should we decide punishment? First, I demonstrate that determinate sentencing uses rules to decide sentences, while indeterminate sentencing relies on standards. Next, I show how the trigger-based nature of rules-in contrast to the qualitative character of standards-makes them vulnerable to four different kinds of substantive …
Addressing Racial Disparities In Preschool Suspension And Expulsion Rates, Amy B. Cyphert
Addressing Racial Disparities In Preschool Suspension And Expulsion Rates, Amy B. Cyphert
Tennessee Law Review
In 2014, the Department of Education's Office for Civil Rights published data for the first time that tracked preschool suspension and expulsion rates. The data was startling: not only were preschoolers being suspended and expelled, something that surprised many readers on its own, they were being suspended and expelled in racially disproportionate numbers, with African-American boys bearing the brunt of the discipline. Politicians, researchers and advocates quickly spoke out, noting that these numbers confirmed that the school to prison pipeline really starts in preschool, and calling for reform.
In this Article, I explore some of the policies and practices that …
Labor And Employment Law-Disparate Treatment And Disparate Impact-Assessing A Pregnant Employee's Ability To Bring Suit Under The Second Clause Of The Pregnancy Discrimination Act, Alex Thomason
Tennessee Law Review
No abstract provided.
The Marrying Kind, Zachary Herz
The Marrying Kind, Zachary Herz
Tennessee Law Review
We are living in a Constitutional moment. In the span of half a century, LGBT people have been cast out, tolerated, accepted, and finally celebrated: In time with that shift, same-sex marriage has gone from absurdity, to threat, to fundamental right. This Article queries the links between those two processes and their potential implications for constitutional anti-discrimination law more broadly.
Specifically, this Article considers two features of equal protection jurisprudence that have entered into strange, silent conflict: the discriminatory purpose doctrine established in Washington v. Davis and Personnel Administrator of Massachusetts v. Feeney, and the tendency of courts to treat …
Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures, Mark Spottswood
Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures, Mark Spottswood
Tennessee Law Review
In typical trials, judges and juries will find it easier to remember the proof that occurs early in the process over than what comes later. Moreover, once a fact-finder starts to form a working hypothesis to explain the facts of the case, they will be biased towards interpreting new facts in a way that confirms that theory. These two psychological mechanisms will often combine to create a strong "primacy effect," in which the party who goes first gains a subtle, but significant, advantage over the opposing party. In this article, I propose a new method of ordering proof, designed to …
Are Houses Of Worship "House[S]" Under The Third Amendment?, Eric Rassbach
Are Houses Of Worship "House[S]" Under The Third Amendment?, Eric Rassbach
Tennessee Law Review
No abstract provided.
Judicial Doctrine As Risk Regulation, Brannon P. Denning, Michael B. Kent Jr.
Judicial Doctrine As Risk Regulation, Brannon P. Denning, Michael B. Kent Jr.
Tennessee Law Review
Much of the literature on risk regulation concerns "first-order" risks--e.g., those addressed by environmental law or workplace safety rules. But scholars recently have suggested that risk regulation can provide a helpful framework for thinking about "second-order," or political, risks arising from allocations of power and institutional design. Although a few commentators have utilized this perspective to suggest connections between risk regulation and particular areas of constitutional law, in this essay we take a broader view. Building on the existing literature, we argue that the selection of constitutional decision rules is a judicial effort to regulate the political risk that government …
The Protection Of Conscience: On Aca, Rfra And Free Exercise Guarantees, Mark Strasser
The Protection Of Conscience: On Aca, Rfra And Free Exercise Guarantees, Mark Strasser
Tennessee 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
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.
Foreword: The Third Amendment In The 21st Century, Glenn Harlan Reynolds
Foreword: The Third Amendment In The 21st Century, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
Unconstitutional Quartering, Governmental Immunity, And Van Halen's Brown M&M Test, Tom W. Bell
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 …
The "War" Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley
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, Scott D. Gerber
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, Glenn Harlan Reynolds
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 …
Constitutional Law-Second Amendment Right To Bear Arms-Valid Constitutional Restrictions On The Right To Bear Arms, Matthew Sipf
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.
The Third Amendment's Consent Clause: A Conceptual Framework For Analysis And Application, Mark A. Fulks, Ronald S. Range Iii
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.
Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review, Callie Jennings
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, Russ Swafford
Constitutional Law-Equal Protection Clause-Using The Ballot Box To Overturn Affirmative Action In University Admissions, Russ Swafford
Tennessee Law Review
No abstract provided.
Denying The Dyad: How Criminalizing Pregnant Drug Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander
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, Bernard S. Sharfman
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 …
Identifying The Culprit In Wrongful Convictions, Valena Elizabeth Beety
Identifying The Culprit In Wrongful Convictions, Valena Elizabeth Beety
Tennessee Law Review
No abstract provided.