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Full-Text Articles in Law
The Materiality Of Esg Information: Why It May Matter, Joan Macleod Heminway
The Materiality Of Esg Information: Why It May Matter, Joan Macleod Heminway
Scholarly Works
No abstract provided.
An Upward Trend In Jailhouse Cooperation With Ice: A Report On Detainers Issued By Ice And 287(G) Agreements In Alabama, Arkansas, Louisiana, Mississippi, And Tennessee From 2016 To 2020., Eric Franklin Amarante, Project South
An Upward Trend In Jailhouse Cooperation With Ice: A Report On Detainers Issued By Ice And 287(G) Agreements In Alabama, Arkansas, Louisiana, Mississippi, And Tennessee From 2016 To 2020., Eric Franklin Amarante, Project South
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This report analyzes information received in response to Freedom of Information Act requests to ICE about 287(g) agreements and detainer requests issued between fiscal year 2016 to 2020 in those states. This report concludes with specific recommendations for local, state, and federal governments to end LLE-ICE collaboration and repeal anti-immigrant policies.
Justifying Aggression: Russia's 2020 Constitutional Amendments And The Invasion Of Ukraine, Robert C. Blitt
Justifying Aggression: Russia's 2020 Constitutional Amendments And The Invasion Of Ukraine, Robert C. Blitt
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Beyond the alluring promise of an enhanced social safety net for Russian citizens, President Vladimir Putin's constitutional amendments of 2020 betrayed a distinct preoccupation with fortifying Russia's international standing and crafting a new national identity. By Putin's own account, these amendments were necessary to steel the country against the malevolent action of international conspirators committed to Russia's downfall. As this Article posits, these specific constitutional changes systematically entrenched an exceptionalist vision of Russian sovereignty and a civilizational identity that left the country constitutionally untethered from international norms and institutions, saturated in religious fervor and visions of imperial glory, and poised …
Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Glenn Harlan Reynolds, Brannon P. Denning
Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Glenn Harlan Reynolds, Brannon P. Denning
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New York State Rifle & Pistol Association, Inc. v. Bruen was the first significant Second Amendment case that the Supreme Court had heard in nearly fifteen years since its decision in District of Columbia v. Heller. This Article offers some preliminary observations about the opinion itself, as well as its likely effects, some of which are starting to manifest
Our first take concerns the question of opinion assignment. Why did Chief Justice Roberts-whose support for the Second Amendment has been suspect-assign the opinion to Justice Thomas?
Takes Two and Three concern Justice Thomas's substitution of text, history, and tradition for …
Comment On The Fiduciary-Ness Of Business Associations, Brian Krumm
Comment On The Fiduciary-Ness Of Business Associations, Brian Krumm
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No abstract provided.
A Rejoinder To Professor Padfield: Lobbying The States For Anti-Esg Legislation, Dwight Aarons
A Rejoinder To Professor Padfield: Lobbying The States For Anti-Esg Legislation, Dwight Aarons
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No abstract provided.
The Absurdity Of Criminalizing Encouraging Words, Eric Franklin Amarante
The Absurdity Of Criminalizing Encouraging Words, Eric Franklin Amarante
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This article discusses the Supreme Court’s holding in Hansen v. U.S., which upheld a statute that makes it a felony to encourage an undocumented person to remain in the United States.
Financing Rural Health Care, Isaac ("Zack") D. Buck
Financing Rural Health Care, Isaac ("Zack") D. Buck
Scholarly Works
No abstract provided.
The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer
The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer
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This article examines a rare folk ballad to revisit an 1888 Tennessee trial that newspapers referred to as the fastest in the country in which the death penalty was involved. If we look at this event using court records and newspapers, it tells a regrettably common story of a court under pressure from the populace skirting the protections of law. However, if we consider the trial as a performative endeavor, we can rightly consider other performative events, like folk songs, not as reflective of official events but as equivalents that help provide insight into the larger motives behind the court’s …
Custodian Or Not: Scrivener's Error In A Bankruptcy Code Safe Harbor, Thomas E. Plank
Custodian Or Not: Scrivener's Error In A Bankruptcy Code Safe Harbor, Thomas E. Plank
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No abstract provided.
What The Lawyer Well-Being Movement Could Learn From The Americans With Disabilities Act, Alex B. Long
What The Lawyer Well-Being Movement Could Learn From The Americans With Disabilities Act, Alex B. Long
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In 2017, the ABA National Task Force on Lawyer Well-Being published The Path to Well-Being: Practical Recommendations for Positive Change, a report that contained numerous recommendations concerning how the legal profession can better address the alarming rates of depression, anxiety, and substance abuse within the legal profession. Since the publication of the report, there have been numerous ethics opinions, bar journal reports, and articles dealing with one issue in particular: the ethical duty on the part of law firm partners and management to supervise or to otherwise take action with respect to another lawyer who may be experiencing depression, anxiety, …
Common Law Divorce, Michael J. Higdon
Common Law Divorce, Michael J. Higdon
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Common law marriage has existed in the United for more than 200 years. Although not permitted as widely today, every state continues to recognize a common law marriage from one of the handful of states that still permit parties to wed in this informal manner. In contrast, never has there been anything even approaching common law divorce—and for good reason. Namely, the states’ desire to ensure that those who leave unsuccessful marriages do so in such a way that their interests (as well as their children’s) are adequately protected. Nonetheless, even though not sanctioned by law, informal divorce not only …
The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer
The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer
Scholarly Works
This article examines a rare folk ballad to revisit an 1888 Tennessee trial that newspapers referred to as the fastest in the country in which the death penalty was involved. If we look at this event using court records and newspapers, it tells a regrettably common story of a court under pressure from the populace skirting the protections of law. However, if we consider the trial as a performative endeavor, we can rightly consider other performative events, like folk songs, not as reflective of official events but as equivalents that help provide insight into the larger motives behind the court’s …
The Rise Of Directed Trusts And Why It Matters, Amy Morris Hess
The Rise Of Directed Trusts And Why It Matters, Amy Morris Hess
Scholarly Works
No abstract provided.
Commentary To Professor Moll's Presentation, Brian Krumm
Commentary To Professor Moll's Presentation, Brian Krumm
Scholarly Works
No abstract provided.
Commentary To Dean Fershee's Presentation, George Kuney
Commentary To Dean Fershee's Presentation, George Kuney
Scholarly Works
No abstract provided.
Clearinghouse Insolvency: Caution In Disregarding Contractual Allocation Of Losses Between Non-Defaulting Members Or Shareholders, Thomas E. Plank
Clearinghouse Insolvency: Caution In Disregarding Contractual Allocation Of Losses Between Non-Defaulting Members Or Shareholders, Thomas E. Plank
Scholarly Works
No abstract provided.
What Is A Merger Anyway?, Don Leatherman, Joan Macleod Heminway, Thomas E. Plank
What Is A Merger Anyway?, Don Leatherman, Joan Macleod Heminway, Thomas E. Plank
Scholarly Works
Three law professors from different practice and academic backgrounds meet at the water cooler in the faculty wing of a law school in or about 2010. They get engaged in a conversation about mergers and acquisitions that covers much ground--from what a merger actually is (from the perspective of their distinctive areas of legal experience and expertise--business associations, federal income tax, and property law) to factors each believe to be important in choosing a transactional structure for a business combination. This edited panel discussion from the 2019 Business Law Prof Blog symposium, held at The University of Tennessee College of …
Externalities Are Not Illusory, Gregory M. Stein
Externalities Are Not Illusory, Gregory M. Stein
Scholarly Works
No abstract provided.
Commentary To Professor Baker's Presentation, Gary Pulsinelli
Commentary To Professor Baker's Presentation, Gary Pulsinelli
Scholarly Works
No abstract provided.
What Is A Merger Anyway?, Thomas E. Plank
Self-Dealing Rules In The Law Of Private Express Trusts: A Suggestion For Implementation Of Professor Edward's Suggestion, Amy Morris Hess
Self-Dealing Rules In The Law Of Private Express Trusts: A Suggestion For Implementation Of Professor Edward's Suggestion, Amy Morris Hess
Scholarly Works
No abstract provided.
Commentary To Dean Fershee, Judy Cornett
The Top 100 Law Reviews: A Reference Guide Based On Historical Usnwr Data, Brad Areheart
The Top 100 Law Reviews: A Reference Guide Based On Historical Usnwr Data, Brad Areheart
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The best proxy for how other law professors react and respond to publishing in main, or flagship, law reviews is the US News and World Report (USNWR) rankings. This paper utilizes historical USNWR data to rank the top 100 law reviews. The USNWR rankings are important in shaping many – if not most – law professors’ perceptions about the relative strength of a law school (and derivatively, the home law review). This document contains a chart that is sorted by the 10-year rolling average for each school, but it also contains the 5-year and 15-year rolling averages. This paper also …
The Impact Of Ban-The-Box Measures, Alex B. Long
The Impact Of Ban-The-Box Measures, Alex B. Long
Scholarly Works
No abstract provided.
Uneasy Lies The Head That Owns Property, Gregory M. Stein
Uneasy Lies The Head That Owns Property, Gregory M. Stein
Scholarly Works
No abstract provided.
Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi
Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi
Scholarly Works
Innovation is generally seen as good. Promoting innovation especially in the digital economy is often deemed vital. Increasing the level of innovation, after all, can promote sustainable development, economic growth, prosperity, and citizens’ overall welfare. So how can policy makers spur innovation in the digital economy? While there is no simple recipe, this study explores the interplay between innovation and the digital economy from the following seven angles: 1. Theoretical economic literature; 2. Macro view of current innovation levels; 3. Emerging trends in the digital economy; 4. Implications of sub-optimal innovation levels; 5. Variables that affect the supply of innovation; …
Cotten V. Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long
Cotten V. Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long
Scholarly Works
No abstract provided.
Mr. Toad’S Wild Ride: Business Deregulation In The Trump Era, Joan Macleod Heminway
Mr. Toad’S Wild Ride: Business Deregulation In The Trump Era, Joan Macleod Heminway
Scholarly Works
This Essay identifies and takes stock of the Trump Administration’s deregulatory efforts as they impact business interests, with the thought that even incomplete or biased information may be useful to transactional business lawyering.
What of significance has been done to date? With what articulated policy goals, if any? How may — or how should — the success of the administration’s business deregulatory plans and programs be judged? What observations can be made about those successes? For example, who may win and lose in the revised regulatory framework that may emerge? The Essay approaches these questions from a transactional business law …
When Congress Acts: Judicial Procedural Innovation And The Pslra, Briana L. Rosenbaum
When Congress Acts: Judicial Procedural Innovation And The Pslra, Briana L. Rosenbaum
Scholarly Works
No abstract provided.