Law Commons^™

The Underused Power Of Jury Nullification, Dave Hall

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

The Right To Reentry: A Look At The Unemployment Crisis For Individuals With Criminal Records And Tennessee’S Efforts To Solve The Problem, Taylor Flake

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Set Up To Fail: Issues In Education And Reentry For Tennessee's Court-Involved Youth, Kristen D. Anderson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Front Matter, Elana Beth Samuels

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Protecting Victims Of Domestic Violence From Chronic Nuisance Ordinances, Emily Holtzman

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

"Show 'Em A Good Time." A Case Study On Title Ix And Its Flawed Implementation In Universities, Julianna D. Gravois

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Proxy Discrimination: The Misuse Of Government Actors As Proxies To Racially Discriminate Against People Of Color, William Y. Chin

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Front Matter

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

"Assault Weapon" Lethality, E. Gregory Wallace

Tennessee Law Review

No abstract provided.

The Gen Z Juror, Leslie Y. Garfield Tenzer

Tennessee Law Review

The Magna Carta drafters did not contemplate Facebook, Twitter, or texting when they formalized the jury system, a system that remains mostly unchanged 800 years after its inception. Those primed for jury duty over the coming decades have grown up with a cell phone in their hand and news at their fingertips. It is unreasonable to expect Gen Zers to meet the "radio-silence" mandate of jury duty. As smartphones become the de facto method of communication, courts, legislatures, and scholars offer prohibitions, admonitions, and increased punishment to curtail juror misconduct. These reforms, however, do little to prevent the kind of …

Rethinking Libel For The Twenty-First Century, Glenn Harlan Reynolds

Tennessee Law Review

No abstract provided.

A Little Child Shall Lead Them: Juvenile Justice, Aging Out, And The First Step Act, Jalila Jefferson-Bullock

Tennessee Law Review

"When I was a child, I spake as a child, I understood as a child, I thought as a child: but when I became a man, I put away childish things."

Fixed Intentions: Wills, Living Wills, And End-Of-Life Decision-Making, Jane B. Baron

Tennessee Law Review

Contemporary trusts and estates law is built on the premise that individuals can and should have fixed intentions with respect to the disposition of their property at death. These intentions can and should be fixed in a written document, and that document can and should be fixed against other outside evidence of intention. Experience with end-of-life health care decision-making gives reason to question these premises. In the health care context, intentions have proven to be fluid, and the documents purporting to record individuals' wishes have often proved unreliable.

This Article examines the implications for wills of the literature on end-of-life …

Contents

Tennessee Law Review

No abstract provided.

The Origination Clause's Missing Piece, Chris Land

Tennessee Law Review

The Origination Clause is nearly constitutional surplusage today. The scope of the Clause has been limited by the U.S. Supreme Court to a very narrow class of revenue legislation that emerges from the U.S. House of Representatives.

This Article, for the first time, analyzes historical evidence that the U.S. Supreme Court has defined the constitutional scope of 'Bills for raising Revenue" and the concomitant reach of the Clause in a manner that fails to account for Revolutionary-era British revenue legislation. Four of the five bills passed by the British Parliament which contributed to the outbreak of the Revolutionary War, i.e., …

Author Index

Tennessee Law Review

No abstract provided.

Availability's Law, Ido Kilovaty

Tennessee Law Review

Cybersecurity incidents affecting the availability of computers, networks, and data are on the rise. Distributed denial-of-service and ransomware attacks can bring down critical systems and databases, making them unavailable when most needed, potentially affecting every individual, industry, sector, and branch of government. This Article critically evaluates cybersecurity law's gap in addressing the growing threat of availability attacks to information technology systems. While cybersecurity law is defined as the legal framework that "promotes the confidentiality, integrity, and availability of public and private information, systems, and networks ... ." this Article argues that cybersecurity law is overwhelmingly concerned with confidentiality and integrity, …

Contents

Tennessee Law Review

No abstract provided.

The Contested Edges Of Internal Affairs, Mohsen Manesh

Tennessee Law Review

Because of the internal affairs doctrine, the tiny state of Delaware plays a unique and outsized role as the nation's preeminent regulator of corporate governance. But two recent developments have raised new questions about the precise scope of the doctrine and, consequently, Delaware's lucrative regulatory domain. Specifically, in a four-month span in late 2018, (i) California enacted the nation's first law mandating board gender diversity for all public corporations headquartered in California, and (ii) the Delaware Court of Chancery in Sciabacucchi v. Salzberg invalidated a corporate charter provision purporting to regulate shareholder rights arising under federal securities law.

These two …

End Of The Line For General Territorial Jurisdiction, Michael H. Hoffheimer

Tennessee Law Review

No abstract provided.

The Future Of Roe V. Wade: Do Abortion Rights End When A Human's Life Begins?, Steven Andrew Jacobs

Tennessee Law Review

While legal scholars and Supreme Court Justices on both sides of the national abortion controversy argue that Roe v. Wade was incorrectly decided, this Article accepts the Court's decision as a provisional holding that was based on the relevant societal, scientific, and legal records available to the Court in 1973. However, the stare decisis analysis outlined by the Court in Planned Parenthood v. Casey dictates that precedent can be overturned when a change in relevant facts robs a ruling of its original justification. If the Court agrees to hear a challenge to Roe, it will likely assess whether the relevant …

Table Of Cases

Tennessee Law Review

No abstract provided.

Editorial Board

Tennessee Law Review

No abstract provided.

Front Matter

Transactions: The Tennessee Journal of Business Law

Front Matter for Transactions: The Tennessee Journal of Business Law, Fall 2020.

Information Age Technology, Industrial Age Laws, Elizabeth Winston

Tennessee Law Review

The United States patent system was born during the Industrial Age at a time where the focus was on promoting innovation in machines and tangible means of changing the world. With the dawn of the Information Age, innovation is increasingly intangible. The Industrial Age laws, as currently interpreted, are not well-suited for the changing and evolving technological world. Information Age innovators face challenges at the United States Patent and Trademark Office, through the judicial system and at the United States International Trade Commission. It is time for a change in the system to reflect the realities of modern technology. Adequate …

Subject Index

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Simple Audits For Simple Tax Partnerships, Andrew L. Lawson

Tennessee Law Review

New rules targeting sophisticated tax partnerships unnecessarily burden small, unsophisticated taxpayers. This is a familiar narrative in partnership tax. This time, the story takes place in the rules that prescribe the process by which the IRS audits and collects tax from partnerships and partners. Designed to limit abuse, the rules are highly complex and needlessly saddle small, simple businesses with increased compliance costs and potentially excessive tax liability. Ironically, at the same time, the rules leave loopholes for sophisticated organizations able to exploit them. This Article explains these disparate consequences and suggests solutions to both limit the loopholes for large …

Adjusting Pre- And Post-Judgment Interest Rates For Consumer Debt Collection Actions, Christine Abely

Tennessee Law Review

This Article discusses how states can set fair, just, and equitable statutory pre- and post-judgment interest rates in the context of consumer debt collection litigation. Where states set pre- and post-judgment interest rates applicable to state civil actions, they generally choose one of the two following methods: (1) a fixed rate of interest, in some cases set decades ago and far exceeding the current market rate; or (2) a floating rate with a fixed percentage of interest added. Federal courts in civil actions with federal question jurisdiction apply a purely floating rate of interest tracking a market benchmark to calculate …

Structuring The Deal To Avoid Patent Exhaustion (Post Impression Products V. Lexmark), Sachin Bhatmuley

Transactions: The Tennessee Journal of Business Law

The Supreme Court’s 2017 ruling in Impression Products v. Lexmark clearly came as an unwelcome, though not unexpected, shock to patent owners. In it, the Supreme Court ruled on two issues—the ability of a patentee to enforce post-sale restrictions on a patented product and the exhaustion of the patentee’s rights when the patented product was purchased internationally. On both counts, the Court took a position unfavorable to patent owners. Part I of this paper introduces patent exhaustion and briefly surveys the jurisprudence in the area of IP exhaustion. Part II of this paper provides the analysis of the Lexmark Supreme …