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Full-Text Articles in Law
Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco
Tennessee Journal of Race, Gender, & Social Justice
Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants the …
Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio
Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Deviant To Dignified: From Campbell V Sundquist To Tanco V. Haslam The Progression Of Lgbt Rights & Marital Equality In Tennessee, Regina M. Lambert, Abby R. Rubenfeld
Deviant To Dignified: From Campbell V Sundquist To Tanco V. Haslam The Progression Of Lgbt Rights & Marital Equality In Tennessee, Regina M. Lambert, Abby R. Rubenfeld
Tennessee Law Review
No abstract provided.
Leadership: Three Key Questions, Kenton R. Vaughn
Leadership: Three Key Questions, Kenton R. Vaughn
Tennessee Law Review
No abstract provided.
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Tennessee Law Review
No abstract provided.
The New Diversity Crisis In The Federal Judiciary, Jason Iuliano, Avery Stewart
The New Diversity Crisis In The Federal Judiciary, Jason Iuliano, Avery Stewart
Tennessee Law Review
For much of its history, the federal judiciary was characterized by a complete lack of surface-level (i.e., demographic) diversity. Over the past fifty years, efforts to promote surface-level diversity have yielded significant gains and the modern judiciary now looks more like the citizenry it serves than it has at any other point in history. Although this particular diversity crisis has abated, a new one has taken shape.
Today, deep-level diversity is at an all-time low. This type of diversity denotes those attributes that are non-demographic in nature. It includes characteristics such as work experience, values, attitudes, and educational background. Given …
"You Belong To Me": Unscrambling The Legal Ramifications Of Recognizing A Property Right In Frozen Human Eggs, Browne Lewis
"You Belong To Me": Unscrambling The Legal Ramifications Of Recognizing A Property Right In Frozen Human Eggs, Browne Lewis
Tennessee Law Review
No abstract provided.
Constitutional Law-Fourth Amendment-Police Dog Sniffs And "Completing The Mission", J. Scott White
Constitutional Law-Fourth Amendment-Police Dog Sniffs And "Completing The Mission", J. Scott White
Tennessee Law Review
No abstract provided.
Distinctions With A Difference: Why Proper Rule 59(E) Motions Should Not Be Subject To "Second Or Successive" Habeas Analysis, Imad S. Matini
Distinctions With A Difference: Why Proper Rule 59(E) Motions Should Not Be Subject To "Second Or Successive" Habeas Analysis, Imad S. Matini
Tennessee Law Review
Motions to reconsider-filed under either Rule 59(e) or 60(b) of the Federal Rules of Civil Procedure--are often considered one in the same, whether due to imprudent labeling by a litigant or due to the belief that little distinction exists between the two. In the context of habeas corpus petitions filed by pro se prisoners, motions under Rule 59(e) and Rule 60(b) are often interchangeably filed. Within this context, however, the following issue persists: whether a motion filed under either rule is subject to the "second or successive" restriction under the Antiterrorism and Effective Death Penalty Act (AEDPA). The Supreme Court …
Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz
Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz
Tennessee Law Review
The concept of economic coercion-that a relationship or transaction can be economically exploited for the benefit of some over others-is elaborated at the intersection of economic theory and economic realities, moral and political understandings of freedom, jurisprudence and the lived application of the law to facts. As a category of criminal and civil wrong, it has been directly and indirectly adjudicated in a breathtaking array of contexts of private and public ordering. Theories of economic coercion are decisive in drawing the line between what constitutes labor market competition and forced labor, which federal programs constitutionally encourage state action and which …
Confusing Patent Eligibility, David O. Taylor
Confusing Patent Eligibility, David O. Taylor
Tennessee Law Review
Patent law-and in particular the law governing patent eligibility-is in a state of crisis. This crisis is one of profound confusion. Confusion exists because the current approach to determining patent eligibility confuses the relevant policies underlying numerous discrete patent law doctrines, and because the current approach lacks administrability. Ironically, the result of all this confusion is seemingly clear. The result seems to be that, when challenged, patent applications and issued patents in certain technology areas probably do not satisfy the requirement of eligibility-at least that is the perception. A resulting concern, therefore, is that the current environment substantially reduces incentives …
Acting Gay, Acting Straight: Sexual Orientation Stereotyping, Luke A. Boso
Acting Gay, Acting Straight: Sexual Orientation Stereotyping, Luke A. Boso
Tennessee Law Review
What does it mean to discriminate because of sexual orientation? This legal question will increasingly arise as many states and municipalities enact laws that include sexual orientation as a protected trait. Without evidence of overt hostility towards or moral disapproval of gays as a group, plaintiffs may introduce evidence of sexual orientation stereotyping to make their case: i.e., evidence that an actor relied on group-based sexual orientation stereotypes in deciding to discriminate against an individual plaintiff. But how should courts determine whether the stereotyping relates to sexual orientation? It is important to answer this question for the litigants and judges …
Uncertainty And Reverse Payments, Ramsi A. Woodcock
Uncertainty And Reverse Payments, Ramsi A. Woodcock
Tennessee Law Review
The current approach to "reverse payment" settlements of drug patent litigation seeks to preclude only those settlements guaranteed to harm consumers, rather than all that could harm them. Antitrust tolerates the possibility of harm in order to give firms the freedom to make settlements that might benefit consumers, relative to what courts would achieve under patent law. Antitrust's mission is not, however, to improve upon outcomes under patent law, but rather to prevent harm to consumers. Accordingly, antitrust must minimize the possibility of harm, even if that precludes the chance of gain. I show that a ban on all settlements …
The Ascertainability Landscape And The Modern Affidavit, Jordan Elias
The Ascertainability Landscape And The Modern Affidavit, Jordan Elias
Tennessee Law Review
No abstract provided.
Foreword - Leading The Future: Symposium On Professional Leadership Education, Douglas A. Blaze
Foreword - Leading The Future: Symposium On Professional Leadership Education, Douglas A. Blaze
Tennessee Law Review
No abstract provided.
I Am Because We Are, Robert A. Rider
Case Commentaries
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Accommodating "Religion", Aaron R. Petty
Leadership Lessons, Deborah L. Rhode
Educating Lawyer-Leaders: The Mechanics And Artistry Of Case Study Teaching And Discussion Leadership, Garry W. Jenkins
Educating Lawyer-Leaders: The Mechanics And Artistry Of Case Study Teaching And Discussion Leadership, Garry W. Jenkins
Tennessee Law Review
No abstract provided.
Leading New Lawyers: Leadership And Legal Education, Michael J. Madison
Leading New Lawyers: Leadership And Legal Education, Michael J. Madison
Tennessee Law Review
Lawyers may become leaders, but leaders also may become lawyers. The path to leadership can begin in law school. This short essay describes a leadership development course developed and implemented at a law school over the last four years.
Lessons In Leadership Development From A Business School Setting, Cheryl D. Barksdale, Lane Morris
Lessons In Leadership Development From A Business School Setting, Cheryl D. Barksdale, Lane Morris
Tennessee Law Review
No abstract provided.