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Full-Text Articles in Law

Introduction: Assessing The Future Of The Legal Profession Symposium, Alex B. Long Oct 2005

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

Scholarly Works

No abstract provided.


The Hidden Costs Of Contracting: Barriers To Justice In The Law Of Contracts, Teri Dobbins Baxter Oct 2005

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

Scholarly Works

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 Sep 2005

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

Scholarly Works

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 Jul 2005

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

Scholarly Works

No abstract provided.


Affiliated And Related Corporations, Don Leatherman Jul 2005

Affiliated And Related Corporations, Don Leatherman

Scholarly Works

No abstract provided.


Donor Standing To Enforce Charitable Gifts: Civil Society Vs. Donor Empowerment, Iris Goodwin May 2005

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

Scholarly Works

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 …


Fao Schwartz In Chapter 22: Too Big For Its Britches, Andrea Kuban, Chris Reiley, Mary Walker Apr 2005

Fao Schwartz In Chapter 22: Too Big For Its Britches, Andrea Kuban, Chris Reiley, Mary Walker

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Evaluating The Risks Of Increased Price Transparency, Maurice Stucke Apr 2005

Evaluating The Risks Of Increased Price Transparency, Maurice Stucke

Scholarly Works

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 …


License, Intellectual Property, Asset Purchase, Acquisition, Disposition, Contract Drafting, Tennessee, Joan Macleod Heminway Apr 2005

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

Scholarly Works

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 Apr 2005

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

Scholarly Works

No abstract provided.


Environmental Justice: A Universal Discourse, Dean Rivkin Apr 2005

Environmental Justice: A Universal Discourse, Dean Rivkin

Scholarly Works

No abstract provided.


Live Long - And Prosper?, Glenn Harlan Reynolds Apr 2005

Live Long - And Prosper?, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.


Covenants Not To Compete: Time For Legislative And Judicial Reform In Tennessee, Brian Krumm Apr 2005

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

Scholarly Works

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. …


Book Review: A Strike Like No Other Strike: Law And Resistance During The Pittston Coal Strike Of 1989 - 1990, Fran Ansley Apr 2005

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

Scholarly Works

No abstract provided.


Attorney Liability For Tortious Interference: Interference With Contractual Relations Or Interference With The Practice Of Law?, Alex B. Long Apr 2005

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

Scholarly Works

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 Apr 2005

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

Scholarly Works

No abstract provided.


Early Land Use Cases, Continued Uncertainty - The Religious Land Use And Institutionalized Persons Act, Gregory M. Stein Feb 2005

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

Scholarly Works

No abstract provided.


Volume 72 Jan 2005

Volume 72

Tennessee Law Review

No abstract provided.


Book Review: A Strike Like No Other Strike: Law And Resistance During The Pittston Coal Strike Of 1989 - 1990, Frances Ansley Jan 2005

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

College of Law Faculty Scholarship

No abstract provided.


What Hath Raich Wrought? Five Takes, Brannon Denning, Glenn Reynolds Jan 2005

What Hath Raich Wrought? Five Takes, Brannon Denning, Glenn Reynolds

College of Law Faculty Scholarship

Written for a paper symposium on Gonzales v. Raich, 545 U.S. 1 (2005), we describe the effects of the decision on what had seemed a renewed interest on the part of the Court to limit federal power.


Jerry Phillips' Product Line Continuity And Successor Corporation Liability: Where Are We Twenty Years Later, George Kuney Jan 2005

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

College of Law Faculty Scholarship

No abstract provided.


Affiliated And Related Corporations, Don Leatherman Jan 2005

Affiliated And Related Corporations, Don Leatherman

College of Law Faculty Scholarship

No abstract provided.


Mississippi Chemical, Stacie Odencal, Jeremy Deese Jan 2005

Mississippi Chemical, Stacie Odencal, Jeremy Deese

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Tyson, Neal Cope, Doug Elkins Jan 2005

Tyson, Neal Cope, Doug Elkins

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Frances Ansley Jan 2005

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

College of Law Faculty Scholarship

No abstract provided.


H.W. Johns - Manville, Steven P. Ingram, James K. Lam Jan 2005

H.W. Johns - Manville, Steven P. Ingram, James K. Lam

Chapter 11 Bankruptcy Case Studies

No abstract provided.


North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee Jan 2005

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee

Law Library Faculty Scholarship

Published as a chapter in Prestatehood legal materials: a fifty-state research guide, including New York City and the District of Columbia, edited by Michael G. Chiorazzi and Marguerite Most.


Brazil's Agricultural Trade War: Success And Failure On The Southern Route To Antarctica, Becky Jacobs Jan 2005

Brazil's Agricultural Trade War: Success And Failure On The Southern Route To Antarctica, Becky Jacobs

College of Law Faculty Scholarship

This short article tracks Brazil's emergence as a central force in the mobilization of the "G20 Plus," a block of developing nations committed to global agricultural trade reform. The article also considers Brazil's performance on the "battlefield[s] of commerce" and concludes with some thoughts regarding the constituencies for whom Brazil ostensibly is waging this war on the southern route to Antarctica.


Since When Is Dicta Enough To Trump Fourth Amendment Rights - The Aftermath Of Florida V. J.L., Melanie Wilson Jan 2005

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

Scholarly Works

No abstract provided.


Penzoil V. Texaco, Twenty Years After: Lessons For Business Lawyers, Robert M. Lloyd Jan 2005

Penzoil V. Texaco, Twenty Years After: Lessons For Business Lawyers, Robert M. Lloyd

Transactions: The Tennessee Journal of Business Law

No abstract provided.