Law Commons^™

The Meaning Of "Medicare-For-All", Isaac ("Zack") D. Buck

Scholarly Works

Medicare-for-All proposals are heralded for the guarantee of additional coverage they provide, moving health insurance in the United States from nearly universal to completely universal. Indeed, if Medicare is known for something, it is the guarantee of access to health insurance it provides. Since its inception, the Medicare program has provided universal coverage to Americans aged 65 and older—a population that is both expensive to cover and often most in need of high-quality health care. But Medicare is more than that. While Medicare has become the program that guarantees coverage to an entire subset of American citizens, it has also …

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille Jewel

Scholarly Works

No abstract provided.

(In)Formal Marriage Equality, Michael Higdon

College of Law Faculty Scholarship

In 2015, same-sex couples throughout the United States obtained formal marriage equality. But is the prospective ability to obtain marriage licenses sufficient to achieve Obergefell’s promise of equality? What about individuals whose same-sex relationship did not survive — either through death or dissolution — to see marriage equality become the law of the land? Or those who did ultimately wed but now have a marriage that appears to be artificially short when considering just how long the couple has actually been together in a marriage-like relationship? With marriage benefits conditioned not only on the fact of marriage but also the …

Tired Of Looking Gray And Boring Online? A Simple 3-Camera Tv Studio/Classroom For Lively Online Teaching, Glenn Harlan Reynolds

Scholarly Works

Tired of the dreary webcam-look in my online classroom, I created a fairly simple and reasonably inexpensive three-camera studio using real video cameras for online teaching. This paper outlines how it was done, and provides suggestions for simpler, cheaper alternatives that are still far superior to traditional webcam approaches.

(In)Formal Marriage Equality, Michael J. Higdon

Scholarly Works

In 2015, same-sex couples throughout the United States obtained formal marriage equality. But is the prospective ability to obtain marriage licenses sufficient to achieve Obergefell’s promise of equality? What about individuals whose same-sex relationship did not survive — either through death or dissolution — to see marriage equality become the law of the land? Or those who did ultimately wed but now have a marriage that appears to be artificially short when considering just how long the couple has actually been together in a marriage-like relationship? With marriage benefits conditioned not only on the fact of marriage but also the …

Organizational Justice And Antidiscrimination, Brad Areheart

Scholarly Works

Despite eighty years of governmental interventions, the legal system has proven ill-equipped to address workplace discrimination. Potential plaintiffs are reluctant to file discrimination claims for a host of social and economic reasons, and the relatively few who do file face steep structural barriers. This Article argues that the most promising way to curb workplace discrimination is not through amending statutes or trying to change the behavior of individual bad actors; instead, we must modify the workplace itself. Specifically, this Article argues that Organizational Justice — a theory empirically grounded in behavioral science — provides novel guidance for how to proactively …

Gander Mountain: A Retail Giant's Fall From The Top, Matthew Guernsey, W. Samuel Hargesheimer, Richard Mayberry

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Drilling For Success: An Excavation Of Sanchez Energy Corporation’S Ch. 11 Reorganization, Nathan Cates, Landon Foody

Chapter 11 Bankruptcy Case Studies

No abstract provided.

The Weinstein Company Bankruptcy, Mason Shelton, Trevor Torres

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Self-Dealing Rules In The Law Of Private Express Trusts: A Suggestion For Implementation Of Professor Edward's Suggestion, Amy Morris Hess

Scholarly Works

No abstract provided.

Externalities Are Not Illusory, Gregory M. Stein

Scholarly Works

No abstract provided.

Commentary To Professor Baker's Presentation, Gary Pulsinelli

Scholarly Works

No abstract provided.

Criminalizing Immigrant Entrepreneurs (And Their Lawyers), Eric Franklin Amarante

Scholarly Works

To escape the harsh conditions of work in agriculture or food processing plants, many undocumented immigrants turn to entrepreneurship for safer working conditions and better economic prospects. Transactional lawyers often help these entrepreneurs form limited liability companies or worker cooperatives. Unfortunately, this simple act might expose these lawyers to criminal liability. The Immigration Reform and Control Act of 1986 (IRCA) prohibits anyone from encouraging an undocumented person to reside in the United States. This prohibition has been construed to include everything from employing undocumented housekeepers to procuring falsified documents for citizenship applications, and some courts have even suggested that the …

Commentary To Professor Murray's Presentation, Eric Franklin Amarante

Scholarly Works

No abstract provided.

Commentary To Dean Fershee, Judy Cornett

Scholarly Works

No abstract provided.

What Is A Merger Anyway?, Thomas E. Plank

Scholarly Works

No abstract provided.

What Is A Merger Anyway?, Don Leatherman, Joan Macleod Heminway, Thomas E. Plank

Scholarly Works

Three law professors from different practice and academic backgrounds meet at the water cooler in the faculty wing of a law school in or about 2010. They get engaged in a conversation about mergers and acquisitions that covers much ground--from what a merger actually is (from the perspective of their distinctive areas of legal experience and expertise--business associations, federal income tax, and property law) to factors each believe to be important in choosing a transactional structure for a business combination. This edited panel discussion from the 2019 Business Law Prof Blog symposium, held at The University of Tennessee College of …

Commentary To Professor Moll's Presentation, George Kuney

Scholarly Works

No abstract provided.

The Drug (Pricing) Wars: States, Preemption, And Unsustainable Prices, Isaac ("Zack") D. Buck

Scholarly Works

It is no secret: the prices of prescription drugs in the United States are unsustainable. A piercing example of the limits of America’s incomplete and disordered health care non-system, the crisis has only worsened in recent years. And not only do drug prices exact a toll on America’s consumers, they impact Americans’ access to life-enhancing (and sometimes life-saving) drugs. They constitute a real and present threat to the quality of health care in the United States in 2020.

Recognizing this harm, states are increasingly operating in this space, seeking diverse regulatory solutions to better protect their citizens — from gouging …

The Effective Competition Standard: A New Standard For Antitrust, Maurice Stucke

Scholarly Works

No abstract provided.

Affording Obamacare, Isaac ("Zack") D. Buck

Scholarly Works

As it approaches its tenth birthday, the Patient Protection and Affordable Care Act (ACA) is devolving. Intended to solve problems that had vexed American health care for generations, the ACA built a comprehensive structure by providing more Americans with accessible health insurance, reordering the private insurance market, expanding and reconfiguring Medicaid, and installing rational incentives into America’s health care enterprise. Without question, it was the most important piece of health care legislation since the mid-1960s, and it brought about positive change for millions of Americans.

However, over its short lifespan, the ACA has faced persistent practical, popular, and policy-based challenges. …

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille Jewel, Elizabeth Berenguer, Teri Mcmurtry-Chubb

College of Law Faculty Scholarship

No abstract provided.

Treating Professionals Professionally: Requiring Security Of Position For All Skills-Focused Faculty Under Aba Accreditation Standard 405(C) And Eliminating 405(D), Lucille Jewel, J. Lyn Goering, Susie Salmon, Craig Smith, Kristen Robbins-Tiscione, Melissa Weresh

College of Law Faculty Scholarship

In 2014, the American Bar Association (ABA) decided to retain Accreditation Standard 405 in its current form to preserve tenure for law faculty as well as the status, security of position, governance rights, and academic freedom that tenure provides. In doing so, the ABA also preserved the long-standing hierarchy that elevates doctrine-focused faculty over skills-focused faculty. That hierarchy discriminates against skills-focused faculty, particularly those who specialize in legal writing--most of whom are women. This paper calls on the ABA to address this discrimination against skills-focused faculty and the negative effects it has on schools, faculty, and students. As explained in …

If You Grant It, They Will Come: The History And Enduring Legal Legacy Of Migratory Divorce, Michael Higdon

College of Law Faculty Scholarship

Fifty years ago, California became the first state to enact no-fault divorce, making it easier than ever before for individuals to dissolve unsuccessful marriages. Soon every state would follow suit, and over the years much has been written about this national shift in the law of divorce. What has thus far escaped scrutiny, however, is one of the prime casualties of that switch—the phenomenon of migratory divorce. That failure is somewhat ironic given that, although no-fault divorce has existed for just over fifty years, migratory divorce played a prominent role in American legal history for well over a hundred years. …

Parens Patriae And The Disinherited Child, Michael Higdon

College of Law Faculty Scholarship

Most countries have safeguards in place to protect children from disinheritance. The United States is not one of them. Since its founding, America has clung tightly to the ideal of testamentary freedom, refusing to erect any barriers to a testator’s ability to disinherit his or her children—regardless of the child’s age or financial needs. Over the years, however, disinheritance has become more common given the evolving American family, specifically the increased incidences of divorce, remarriage, and cohabitation. Critics of the American approach have offered up solutions largely based on the two models currently employed by other countries: 1) the forced …

Review Of: The First: How To Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, And Donald Trump, Rebecca Kite

College of Law Faculty Scholarship

No abstract provided.

Private Debt And Public Violence [Reviews], Wendy A. Bach

Scholarly Works

No abstract provided.

Sustainable And Unchallenged Algorithmic Tacit Collusion, Maurice Stucke

Scholarly Works

No abstract provided.

Women Should Not Need To Watch Their Husbands Like [A] Hawk: Misappropriation Insider Trading In Spousal Relationships, Joan Macleod Heminway

Scholarly Works

This article endeavors to sort through and begin to resolve key unanswered questions regarding spousal misappropriation as a basis for U.S. insider trading liability, some of which apply to insider trading more broadly. It identifies and describes misappropriation insider trading liability under U.S. law, recounts and analyzes probative doctrine and policy relevant to spousal misappropriation cases, and (before briefly concluding) offers related observations about the impact of that doctrine and policy on a specific motivating Securities and Exchange Commission ("SEC") enforcement action and other spousal misappropriation cases.

The analysis undertaken in the article supports enforcement actions based on a strong …

The Impact Of Ban-The-Box Measures, Alex B. Long

Scholarly Works

No abstract provided.