Law Commons^™

Politics Of The Headscarf In Turkey: Masculinities, Feminism, And The Construction Of Collective Identities, Valorie K. Vojdik

Scholarly Works

No abstract provided.

"You Crossed The Fog Line!" - Kansas, Pretext, And The Fourth Amendment, Melanie Wilson

Scholarly Works

This article examines orders recently decided in the District of Kansas to show, circumstantially, that Kansas police are using "fog-line" traffic infractions as an excuse to stop out-of-state cars driven by people of Hispanic ethnicity and to investigate for drug trafficking. If a stop uncovers contraband, the defendant is charged with a crime, sometimes in federal court. At a subsequent hearing to evaluate a defendant’s motion to suppress the contraband, the officer testifies to his reason for the stop – “You crossed the fog line,” “drifted from your lane of travel,” or “failed to maintain a single lane.” The officer …

Something Judicious This Way Comes... The Use Of Foreshadowing As A Persuasive Device In Judicial Narrative, Michael J. Higdon

Scholarly Works

With the recent publication of Judge Richard Posner’s book “How Judges Think” and the nomination of Judge Sonia Sotomayer to the United States Supreme Court, there has been much discussion about the way in which judges decide cases. Although certainly an interesting (and important) discussion, what has so far gone largely ignored is the question of how judges, once they reach a decision, convince the legal audience that the decision is in fact correct. Thus, in my article, entitled Something Judicious This Way Comes . . ., I focus not on how judges think, but how they write. More specifically, …

Don't Mistake The Proxy For The Rule: Alter Ego Liability In Tennessee, George Kuney

Scholarly Works

No abstract provided.

Understanding The New Tennessee Small Business Investment Company Credit Act: Stimulating Economic Growth At The Intersection Of Free Market Capitalism And Government Intervention, Brian Krumm

Scholarly Works

No abstract provided.

Estate Planning For The Baby Boomer, Amy Morris Hess

Scholarly Works

No abstract provided.

When The Case Gives You Lemons ... Using Negative Authority In Persuasive Legal Writing, Michael J. Higdon

Scholarly Works

No abstract provided.

Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii

Scholarly Works

Chaim Perelman resuscitated the rhetorical tradition by developing an elegant and detailed theory of argumentation. Rejecting the single-minded Cartesian focus on rational truth, Perelman recovered the ancient wisdom that we can argue reasonably about matters that admit only of probability. From this one would conclude that Perelman’s argumentation theory is inalterably opposed to natural law, and therefore that I would have done better to have written an article titled “Perelman’s Th eory of Argumentation as a Rejection of Natural Law.”

However, my thesis is precisely that Perelman’s theory of argumentation connects to the natural law tradition in interesting and productive …

Private Oppression: How Laws That Protect Privacy Can Lead To Oppression, Teri Dobbins Baxter

Scholarly Works

This article explores the problems that can arise when laws protect the privacy of some individuals at the expense of others. These issues will be viewed through the lens of the controversial case of the children taken into state custody from the Yearning for Zion Ranch in Texas. Specifically, the article examines the allegations that led government authorities to intervene and remove the children from the Ranch and the difficulties that the government faces when such allegations are made against residents of isolated communities who have little interaction with the larger American society. The article will further demonstrate how privacy …

Is There An Unreasonable Accommodation? Is There A Due Hardship?, Alex B. Long

Scholarly Works

No abstract provided.

Viva State Employment Law - State Law Retaliation Claims In A Post-Crawford/Burlington Northern World, Alex B. Long

Scholarly Works

No abstract provided.

An Exclusionary Rule For Police Lies, Melanie Wilson

Scholarly Works

Although the Supreme Court has often said that truth is an imperative to justice, we now know that police officers, the key investigative component in our criminal justice system, lie. How often do the police lie? No one knows for sure. But credible reports of police lies are common.

Because our legal system treats the police as if they were impartial fact gatherers, trained and motivated to gather facts both for and against guilt, rather than biased advocates attempting to disprove innocence, which is the reality, the criminal justice system lacks the appropriate structure to expose and effectively deal with …

Constructing Citizenship Without A License: The Struggle Of Undocumented Immigrants In The U.S. For Livelihoods And Recognition, Fran Ansley

Scholarly Works

No abstract provided.

Improbable Cause: A Case For Judging Police By A More Majestic Standard, Melanie Wilson

Scholarly Works

This article presents findings from an empirical study of judicial orders in one Midwestern federal district court over a twenty-four month period. The study analyzes trial court decisions to determine whether, as scholars often contend, judges consistently side with the prosecution when a defendant claims that the police lied during the criminal investigation of her case. The study also looks at the frequency with which defendants make such arguments, the types of case in which defendants claim police lies, and the strength or weakness of the evidence in cases that do and do not persuade trial judges that the police …