Law Commons^™

Mr. Toad’S Wild Ride: Business Deregulation In The Trump Era, Joan Macleod Heminway

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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

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No abstract provided.

Where Do We Go From Here?, George Kuney, Joan Macleod Heminway, Howard E. Katz

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No abstract provided.

Code Revision Commission V. Public.Resource.Org And The Fight Over Copyright Protection For Annotations And Commentary, David E. Shipley

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This article is about the Eleventh Circuit’s 2018 decision in Code Revision Commission v. Public.Resource.Org concerning the public edicts doctrine and holding that the State of Georgia’s copyright on the annotations, commentary and analyses in the Official Code of Georgia Annotated is invalid. About a third of the States claim copyright in the annotations to their codes so the potential impact of this decision is substantial. The U.S. Supreme Court granted Georgia’s petition for a writ of certiorari on Monday, June 24.

The article’s thesis is that the Eleventh Circuit was wrong and should be reversed. It first discusses the …

The Oecd Unified Approach: Nexus, Scope, And Coexisting With Dsts, Assaf Harpaz

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This article comments on the OECD Secretariat Proposal for a “Unified Approach” under Pillar One, released October 9, 2019. The article focuses on the proposal’s scope, nexus, administration and compliance, proposed “Amount C” and compatibility with unilateral digital service taxes. The article suggests a nexus that does not consider size-limiting worldwide revenue thresholds and offers an alternative de minimis country-specific sale-based proposal. Comments on the OECD proposal were submitted by the author as part of the OECD’s public consultation process in November 2019.

Erosions Of The Work/Non-Work Divide, Alex B. Long

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No abstract provided.

Should Owner Motivation Limit The Exercise Of Property Rights?, Gregory M. Stein

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No abstract provided.

Death In The Shadows, Lucille A. Jewel

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This paper is about the law and visual culture. Its centerpiece is Parson Weems’ Fable (1939), a painting by the American artist Grant Wood (1891-1942) that depicts the apocryphal story of George Washington and the cherry tree. At first glance, Wood’s image appears to celebrate an enduring myth of American virtue, namely Washington’s precocious inability to tell a lie. Studying the picture more closely, however, one finds a pair of black figures, presumably two of the Washingtons’ slaves. Stationed beneath dark storm clouds and harvesting cherries from a second tree, these slaves invoke yet another national myth, that of the …

The Opioid Epidemic: Regulation, Responsibility, And Remedies, Isaac ("Zack") D. Buck

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No abstract provided.

Tribute To Professor Jonathan G. Rohr, Michael J. Higdon

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No abstract provided.

Retaliation Backlash, Alex B. Long

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No abstract provided.

Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice

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No abstract provided.

Tribute To Spenser F. Powell, John Sobieski

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No abstract provided.

Valuing Coworker Bonds In Employment Law, Alex B. Long

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No abstract provided.

Are Prices Just?, Gregory M. Stein

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No abstract provided.

The Value Of Document "Treasure Hunts" In Teaching Transactional Law And Skills, Joan Macleod Heminway

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No abstract provided.

Admissibility And Constitutional Issues Of The Concealed Information Test In American Courts: An Update, John B. Meixner Jr.

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The use of physiological tools to detect incidentally acquired concealed knowledge about crime-related information has been a controversial and well-researched topic among scholars for well over 100 years. This chapter focuses on potential legal hurdles for courtroom use of concealed information tests, including admissibility issues and constitutional issues under the Fourth and Fifth Amendments to the US Constitution.

Professors Of Real Estate Law: Different Types, Different Needs, Gregory M. Stein

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No abstract provided.

The Legal Regulation Of U.S. Crowdfunding: An Organically Evolving Patchwork, Joan Macleod Heminway

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The legal regulation of crowdfunding in the United States is neither well calibrated nor holistic. With the exception of specific securities regulation legislation, the regulation of crowdfunding under U.S. law exists as an extension of principles of pre-existing regulation to a specific new and continually changing Internet-based financing space. As a result, while some common consumer protection objectives can be identified, the legal regulatory approach to crowdfunding did not develop through deliberate, rational choice based on coherent public policy objectives. Instead, it arose and evolved by necessity in response to the spontaneous and natural origination and development of crowdfunding as …

Polygamous Marriage, Monogamous Divorce, Michael J. Higdon

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Could the constitutional right to marry also encompass polygamy? That question, which has long intrigued legal scholars, has taken on even greater significance in the wake of Obergefell v. Hodges. This Article answers that question in a novel way by scrutinizing the practice of plural marriage through the lens of economic game theory, exploring the extreme harms that would befall the state should polygamy become law. More specifically, the Article delves into the ex ante consequences of legalization, not on practicing polygamists (as is typically the focus), but on sequential bigamists—that is, those who never intend to have more than …

A Taxonomy And Evaluation Of Successor Liability (Revisited), George Kuney

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Successor liability does not consist of just one doctrine or exception to the general corporate rule of non-liability for asset purchasers, but of many. There are two broad groups of successor liability doctrines, those that are judge-made (the “common law” exceptions) and those that are creatures of statute. Both represent a distinct public policy that in certain instances and for certain liabilities, the general rule of non-liability of a successor for a predecessor’s debts following an asset sale should not apply. With regard to the judge-made doctrines, some commentators have asserted that they are basically a species of liability based …

Timekeeping And Wage Theft In The 21st Century, Alex B. Long

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No abstract provided.

The Sticks In The Chinese Property Rights Bundle, Gregory M. Stein

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No abstract provided.

Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd-Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway

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No abstract provided.

State Misdemeanant, Federal Felon: Adolescent Sexual Offenders And The Ina, Michael J. Higdon

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At the age of eighteen, Alberto Velasco-Giron had sex with his fifteen-year old girlfriend. As a result, he was deported.

To understand how this could happen, we have to back up a bit. In 1988, Congress amended the Immigration and Nationality Act (“INA”) to state that any alien who commits an “aggravated felony” is subject to deportation. Since that time, Congress has continuously supplemented the definition of aggravated felony to include more and more crimes, the result being that noncitizens were subject to deportation for an ever-growing list of offenses. In 1996, the definition was revised yet again to include …

Oral Advocacy And Vocal Fry: The Unseemly, Sexist Side Of Nonverbal Persuasion, Michael J. Higdon

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In 2015, Naomi Wolf warned that "the most empowered generation of women ever — today’s twentysomethings in North America and Britain — is being hobbled in some important ways by something as basic as a new fashion in how they use their voices." She was referring to the phenomenon referred to as "vocal fry" — a speech quality in which the speaker lowers her natural pitch and produces a "creaking" sound as she talks. Naomi Wolf is not alone in her warnings; vocal fry has received quite a bit of negative attention recently. Specifically, these critics warn that those who …

Brands, Competition Law And Ip, Maurice Stucke

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No abstract provided.

Do Progressive Property Scholars Really Want To Limit Nollan And Dolan To Administrative Exactions, Gregory M. Stein

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No abstract provided.

Beyond The Metatheoretical: Implicit Bias In Law Review Article Selection, Michael J. Higdon

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Every year, law review editors around the country are forced to select the authors, out of the hundreds who annually submit articles, to whom they will extend offers of publication. For law review editors, these are stressful times given 1) the short time frame they have for reading and assessing this ever growing number of submissions and 2) the fear that a poor selection on their part could potentially embarrass both themselves and their law schools. Although legal scholars sometimes forget about article selection from the perspective of the hurried, stressed law review editor, everyone in the academy should be …

Tennessee Workers: Dying For A Job, Fran Ansley

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No abstract provided.