Law Commons^™

Introduction: Assessing The Future Of The Legal Profession Symposium, Alex B. Long

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No abstract provided.

The Hidden Costs Of Contracting: Barriers To Justice In The Law Of Contracts, Teri Dobbins Baxter

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No abstract provided.

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Macleod Heminway, Ann Bartow, F. Carolyn Graglia, Deseriee A. Kennedy

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This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …

International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds

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No abstract provided.

Affiliated And Related Corporations, Don Leatherman

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No abstract provided.

Donor Standing To Enforce Charitable Gifts: Civil Society Vs. Donor Empowerment, Iris Goodwin

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Philanthropy has a dirty little secret -- that a gift to public charity restricted to a specific purpose is often used in ways not intended by the donor. In most states, the attorney general is the agent for enforcement of such gifts. Attorney general offices are beset with difficulties that make it impossible to monitor how each charity administers restricted gifts. Donors are increasingly aware that their restrictions are ignored and, frustrated by lax enforcement, they are pursuing standing to enforce restrictions.

In Smithers v. St. Luke's/Roosevelt Hospital, the donor's widow succeeded in obtaining standing, even after the attorney general …

Evaluating The Risks Of Increased Price Transparency, Maurice Stucke

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Courts and antitrust enforcers continue to grapple with the issue of when increased price transparency is good or bad for consumers. The state of the law on this antitrust issue has not been clear given several difficult issues, which the article briefly addresses. To help the courts and antitrust bar assess the antitrust risks of information exchanges, the article outlines two focal points: (1) the information's value in promoting efficiency in the marketplace, and (2) the likelihood that disseminating the information would facilitate tacit collusion. Using these two points, the article outlines three categories of antitrust risks: green light (low …

Book Review: A Strike Like No Other Strike: Law And Resistance During The Pittston Coal Strike Of 1989 - 1990, Fran Ansley

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No abstract provided.

License, Intellectual Property, Asset Purchase, Acquisition, Disposition, Contract Drafting, Tennessee, Joan Macleod Heminway

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The coauthors have constructed a model bank merger agreement, annotated with footnotes on substantive law and legal drafting issues. This model is intended to be used as a research piece, teaching tool, and practitioner resource. This agreement is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.

Jerry Phillips' Product Line Continuity And Successor Corporation Liability: Where Are We Twenty Years Later, George Kuney

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No abstract provided.

Environmental Justice: A Universal Discourse, Dean Rivkin

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No abstract provided.

Covenants Not To Compete: Time For Legislative And Judicial Reform In Tennessee, Brian Krumm

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The employment relationship has gone through dramatic changes in the last fifty years, and, with few exceptions, the notion of company loyalty and life long employment is a thing of the past.' As a consequence, many employers have adopted the use of covenants not to compete in employment contracts as a mechanism called upon to enforce, reform, or void such agreements, particularly when employees subject to such restrictive covenants leave their employment for better opportunities in the same or similar 6 industry or field. Despite common misperceptions, courts generally uphold covenants not to compete-if the covenants comply with reasonable standards. …

Live Long - And Prosper?, Glenn Harlan Reynolds

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No abstract provided.

Attorney Liability For Tortious Interference: Interference With Contractual Relations Or Interference With The Practice Of Law?, Alex B. Long

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Allowing individuals to bring tortious interference claims against opposing attorneys for conduct occurring during the representation of a client and that lies close to the core of what it means to practice law presents courts with particularly challenging policy choices. The defendant-attorney's conduct in such cases may involve the filing of a lawsuit, pre-trial settlement strategy, the use of the rules regarding conflicts of interest to disqualify opposing counsel, and questionable trial tactics. The primary concern with permitting interference claims in this context is the potential for such claims to chill legitimate advocacy. However, if properly defined, interference claims, and …

Losing Faith: Extracting The Implied Covenant Of Good Faith From (Some) Contracts, Teri Dobbins Baxter

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No abstract provided.

Early Land Use Cases, Continued Uncertainty - The Religious Land Use And Institutionalized Persons Act, Gregory M. Stein

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No abstract provided.

Since When Is Dicta Enough To Trump Fourth Amendment Rights - The Aftermath Of Florida V. J.L., Melanie Wilson

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No abstract provided.

Rock, Paper, Scissors: Choosing The Right Vehicle For Federal Corporate Governance Initiatives, Joan Macleod Heminway

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This article acknowledges the trend toward federalizing aspects of corporate governance (as evidenced by, among other things, the Sarbanes-Oxley Act of 2002) and offers a model for institutional choice in federal corporate governance rulemaking. Specifically, the article suggests a way to determine whether the components of a specific substantive rule of corporate governance should be legislated by Congress, regulated by the Securities and Exchange Commission, or established by the federal courts. Both the thesis of the article and the specific analytical framework it promotes are foundational in corporate governance scholarship and draw from previous research and scholarship in law (including …

Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley

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No abstract provided.

Beyond Stereotyping In Equal Protection Doctrine: Reframing The Exclusion Of Women From Combat, Valorie K. Vojdik

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No abstract provided.

The Business Of Law And Tortious Interference, Alex B. Long

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One frustrating feature of the interference torts is the difficulty in defining precisely when an intentional interference becomes "tortious." While there has been no shortage of proposals to better define the interference torts, there is widespread uncertainty and dissatisfaction concerning the current state of the law. Attorneys have not been spared from the confusion. However, it is on the business side of the practice of the law, rather than the practice side, that attorneys are more likely to actually be held liable for tortious interference. In general, a tortious interference claim is a viable option for an attorney who feels …

What Hath Raich Wrought? Five Takes, Glenn Harlan Reynolds

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The Court's decision in Gonzales v. Raich provides an opportunity to reflect on the Rehnquist Court's apparent run at establishing a judicially-enforceable federalism. Two of the most visible symbols of this effort were the decisions in United States v. Lopez and United States v. Morrison, in which the Court twice struck down acts of Congress as beyond the scope of its commerce power. Now, nearly ten years after Lopez and five years after Morrison, Raich leaves many wondering whether the Court provided an answer to John Nagle's question whether Lopez was destined to be a watershed or a "but see …

Space Law In Its Second Half-Century, Glenn Harlan Reynolds

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No abstract provided.

Who Will Watch The Watchdogs?: International Human Rights Nongovernmental Organizations And The Case For Regulation, Robert C. Blitt

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Human rights nongovernmental organizations (NGOs) have become a fixture within the international system and a driving force for creating and enforcing human rights norms at international law. This essay examines the growth of human rights NGOs and argues that the industry is in urgent need of formal regulation. After assessing the failure of informal market controls for ensuring accountability within the human rights NGO sector, this paper applies a law and economics consumer protection model to underscore the need for more formal regulation. However, rather than advance a case for government intervention, this paper proposes that human rights NGOs themselves …

The Religion-State Relationship And The Right To Freedom Of Religion Or Belief: A Comparative Textual Analysis Of The Constitutions Of Predominantly Muslim Countries, Robert C. Blitt

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This study analyzes the constitutional provisions in 44 predominantly Muslim countries addressing the relationship between religion and the state, freedom of religion or belief, and other related human rights as measured against recognized international human rights standards. The geographic diversity of the Muslim world mirrors a central finding of the study, that predominantly Muslim countries encompass a variety of constitutional arrangements - ranging from Islamic republics with Islam as the official state religion, to secular states with strict separation of religion and state. Key findings of the survey include: More than half of the world's Muslim population (estimated at over …