Law Commons^™

The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long

Scholarly Works

Title VII theoretically provides virtually unlimited protection from retaliation for one kind of workplace troublemaker - the employee who files a formal charge of discrimination. However, the protection from retaliation enjoyed by such individuals is significantly less when the troublemaker resorts to an employer's internal process for resolving discrimination complaints prior to the filing of a formal charge of discrimination. And what of the coworker who assists the troublemaker in pursuing such an internal grievance? Or the coworker who simply has some type of relationship with the troublemaker who files a formal charge of discrimination? What protection from retaliation do …

Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein

Scholarly Works

The first Chinese law focusing specifically on property rights became effective on October 1, 2007, which means that China's breakneck real estate development before that date occurred in a nation with no published law of real estate. Thus those who have been buying, selling, and lending against Chinese real estate have been operating in a world of significant legal uncertainty. Even with the new code, property law as it is practiced is likely to diverge significantly from the published rules.

This Article examines Chinese mortgage law as it actually operates in the field, focusing on both legal and business issues. …

Guns And Gay Sex: Some Notes On Firearms, The Second Amendment, And 'Reasonable Regulation', Glenn Harlan Reynolds

Scholarly Works

In light of the Supreme Court's grant of certiorari in Heller v. District of Columbia, this Essay contains some thoughts inspired by Adam Winkler's "Scrutinizing the Second Amendment," 105 Mich. L. Rev. 683 (2007). Winkler argues, correctly, that judicial acceptance of an individual-rights interpretation of the Second Amendment would not end all firearms regulation. However, Winkler's understanding of what constitutes "reasonable regulation" is excessively broad. In "Guns and Gay Sex," I look at two overlapping lines of Tennessee cases on the right to arms and the right to privacy and conclude that even a "reasonable regulation" model of the right …

Do Judges Systematically Favor The Interests Of The Legal Profession?, Benjamin H. Barton

Scholarly Works

This Article answers this question with the following jurisprudential hypothesis. Many legal outcomes can be explained, and future cases predicted, by asking a very simple question: is there a plausible result in this case that will significantly affect the interests of the legal profession (positively or negatively)? If so, the case will be decided in the way that offers the best result for the legal profession.

The article presents theoretical support from the new institutionalism, cognitive psychology and economic theory. The Article then gathers and analyzes supporting cases from areas as diverse as constitutional law, torts, professional responsibility, employment law, …

Successor Liability In Pennsylvania, George Kuney

Scholarly Works

No abstract provided.

Overcoming Noneconomic Barriers To Loyal Disclosure, Paula Schaefer

Scholarly Works

No abstract provided.

Successor Liability In New York, George Kuney

College of Law Faculty Scholarship

No abstract provided.

The Legal Reader, The Legal Writer And The All-Important Thesis Sentence, Michael J. Higdon

Scholarly Works

No abstract provided.

Successor Liability In New York, George Kuney

Scholarly Works

No abstract provided.

The Chinese Land Use Right Is It Property, Gregory M. Stein

Scholarly Works

No abstract provided.

Successor Liability In Maryland, George Kuney

College of Law Faculty Scholarship

No abstract provided.

Successor Liability In Maryland, George Kuney

Scholarly Works

No abstract provided.

Sex, Trust, And Corporate Boards, Joan Macleod Heminway

Scholarly Works

This article collects and interprets social science research on sex and trust and uses this work to shed new light on the emerging case for gender diversity on corporate boards. Specifically, the article describes social science research findings indicating (1) that men and women trust and are trustworthy on different bases and (2) that there is a bias against women in chief executive officer (and potentially other corporate leadership) positions. Based on this research, the nature of corporate management and control, and current legal scholarship on corporate governance, the article asserts that gender diversity on corporate boards may be desirable …

Studying The Death Penalty In Tennessee, Dwight Aarons

Scholarly Works

No abstract provided.

Do Judges Systematically Favor The Interests Of The Legal Profession? , Benjamin H. Barton

College of Law Faculty Scholarship

This Article answers this question with the following jurisprudential hypothesis: many legal outcomes can be explained, and future cases predicted, by asking a very simple question, is there a plausible legal result in this case that will significantly affect the interests of the legal profession (positively or negatively)? If so, the case will be decided in the way that offers the best result for the legal profession.

The article presents theoretical support from the new institutionalism, cognitive psychology and economic theory. The Article then gathers and analyzes supporting cases from areas as diverse as constitutional law, torts, professional responsibility, employment …

Do Judges Systematically Favor The Interests Of The Legal Profession? , Benjamin H. Barton

College of Law Faculty Scholarship

This Article answers this question with the following jurisprudential hypothesis: many legal outcomes can be explained, and future cases predicted, by asking a very simple question, is there a plausible legal result in this case that will significantly affect the interests of the legal profession (positively or negatively)? If so, the case will be decided in the way that offers the best result for the legal profession.

The article presents theoretical support from the new institutionalism, cognitive psychology and economic theory. The Article then gathers and analyzes supporting cases from areas as diverse as constitutional law, torts, professional responsibility, employment …

Successor Liability In Tennessee, George Kuney

College of Law Faculty Scholarship

No abstract provided.

Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli

Scholarly Works

In its 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that the Eleventh Amendment protected states from suit for patent infringement, effectively making state universities immune from intellectual property suits. This Article analyzes how the Florida Prepaid decision affects researchers at state universities, and how those researchers may avoid liability under existing law. It first concludes that researchers at state universities might still be subject to injunctions against future infringement. The Article next observes that individual researchers at state universities might also face personal liability for damages, but then suggests that …

Successor Liability In Tennessee, George Kuney

Scholarly Works

No abstract provided.

[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing, Alex B. Long

Scholarly Works

Legal writers frequently utilize the lyrics of popular music artists to help advance a particular theme or argument in legal writing. And if the music we listen to says something about us as individuals, then the music we, the legal profession as a whole, write about may something about who we are as a profession. A study of citations to popular artists in law journals reveals that, not surprisingly, Bob Dylan is the most popular artist in legal scholarship. The list of names of the other artists rounding out the Top Ten essentially reads like a Who's Who of baby …

Toward A More Efficient Bankruptcy Law: Mortgage Financing Under The 2005 Bankruptcy Amendments, Thomas E. Plank

Scholarly Works

No abstract provided.

Successor Liability In Vermont, George Kuney

Scholarly Works

No abstract provided.

Behavioral Economists At The Gate: Antitrust In The 21st Century, Maurice Stucke

Scholarly Works

Although tossed against the rocks elsewhere, the Law and Economics' rational choice theories, within the quiet waters of antitrust, stand largely unchallenged. Antitrust's economic theories, premised on 'rational' profit maximizing behavior, enjoy the deep slumber of a decided opinion. Although Post-Chicago School antitrust theories have developed, the Chicago School's rational choice theories still dominate. This article explores some possible paradoxes and anomalies with respect to antitrust's merger theories. It appears anecdotally that some corporate behavior is (or is not) occurring which is not readily explainable under the Chicago School's theories. It is an empirical question as to the degree the …

Acquisition Licenses In Tennessee: An Annotated Model Tennessee Acquisition License Agreement, Joan Macleod Heminway

Scholarly Works

The coauthors have constructed a model license agreement for use in connection with acquisitions, annotated with footnotes on substantive law and legal drafting issues. This model is intended to serve 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.

State Sovereignty In Bankruptcy After Katz, Thomas E. Plank

Scholarly Works

No abstract provided.

From Simon Cowell To Tim Gunn: What Reality Television Can Teach Us About How To Critique Our Students' Work Effectively, Michael J. Higdon

Scholarly Works

In an effort to illustrate and inform what makes for more effective critique of students' legal writing, this essay analogizes the various critiquing techniques currently taking place on the popular reality programs American Idol and Project Runway to the critiquing techniques used by legal writing professors.

Successor Liability In Vermont, George Kuney

College of Law Faculty Scholarship

No abstract provided.

Regulating Cyberbullies Through Notice-Based Liability, Brad Areheart

College of Law Faculty Scholarship

With the growth of the Internet's uses and abuses, Internet harassment is making headlines. Given its immediacy, anonymity, and accessibility, the Internet offers an unprecedented forum for defamation and harassment. The salient problem with such cyberbullying is that victims are typically left without adequate recourse. The government should provide recourse by curtailing the near absolute immunity Internet Service Providers (ISPs) currently enjoy under the Communications Decency Act (CDA) and implementing a notice and take-down scheme similar to that for copyright infringement under the Digital Millennium Copyright Act (DMCA) for certain torts.

Hell Hath No Fury Like An Investor Scorned: Retribution, Deterrence, Restoration, And The Criminalization Of Securities Fraud Under Rule 10b-5, Joan Macleod Heminway

Scholarly Works

This brief article focuses attention on the ineffectual nature of prosecutions of corporations and their insiders - generally, officers and directors - for securities fraud under Rule 10b-5. Specifically, the article begins by briefly summarizing the nature of enforcement actions and related penalties under Rule 10b-5. Next, the article argues that, as currently conceived and executed, criminal enforcement actions under Rule 10b-5 are ineffective as a means of achieving retribution, as deterrents of undesirable behavior, and as enforcement vehicles that vindicate the policies underlying Rule 10b-5. As a means of addressing these criticisms, the article suggests possible enhancements to Rule …

Sexual Abuse And Exploitation Of Women And Girls By U.N. Peacekeeping Troops, Valorie K. Vojdik

Scholarly Works

No abstract provided.