Law Commons^™

Tribute To Professor Jonathan G. Rohr, Michael J. Higdon

Scholarly Works

No abstract provided.

Retaliation Backlash, Alex B. Long

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No abstract provided.

Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice

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No abstract provided.

Tribute To Spenser F. Powell, John Sobieski

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Admissibility And Constitutional Issues Of The Concealed Information Test In American Courts: An Update, John B. Meixner Jr.

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The use of physiological tools to detect incidentally acquired concealed knowledge about crime-related information has been a controversial and well-researched topic among scholars for well over 100 years. This chapter focuses on potential legal hurdles for courtroom use of concealed information tests, including admissibility issues and constitutional issues under the Fourth and Fifth Amendments to the US Constitution.

Professors Of Real Estate Law: Different Types, Different Needs, Gregory M. Stein

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No abstract provided.

The Value Of Document "Treasure Hunts" In Teaching Transactional Law And Skills, Joan Macleod Heminway

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Valuing Coworker Bonds In Employment Law, Alex B. Long

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Are Prices Just?, Gregory M. Stein

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The Legal Regulation Of U.S. Crowdfunding: An Organically Evolving Patchwork, Joan Macleod Heminway

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The legal regulation of crowdfunding in the United States is neither well calibrated nor holistic. With the exception of specific securities regulation legislation, the regulation of crowdfunding under U.S. law exists as an extension of principles of pre-existing regulation to a specific new and continually changing Internet-based financing space. As a result, while some common consumer protection objectives can be identified, the legal regulatory approach to crowdfunding did not develop through deliberate, rational choice based on coherent public policy objectives. Instead, it arose and evolved by necessity in response to the spontaneous and natural origination and development of crowdfunding as …

Polygamous Marriage, Monogamous Divorce, Michael J. Higdon

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Could the constitutional right to marry also encompass polygamy? That question, which has long intrigued legal scholars, has taken on even greater significance in the wake of Obergefell v. Hodges. This Article answers that question in a novel way by scrutinizing the practice of plural marriage through the lens of economic game theory, exploring the extreme harms that would befall the state should polygamy become law. More specifically, the Article delves into the ex ante consequences of legalization, not on practicing polygamists (as is typically the focus), but on sequential bigamists—that is, those who never intend to have more than …

A Taxonomy And Evaluation Of Successor Liability (Revisited), George Kuney

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Successor liability does not consist of just one doctrine or exception to the general corporate rule of non-liability for asset purchasers, but of many. There are two broad groups of successor liability doctrines, those that are judge-made (the “common law” exceptions) and those that are creatures of statute. Both represent a distinct public policy that in certain instances and for certain liabilities, the general rule of non-liability of a successor for a predecessor’s debts following an asset sale should not apply. With regard to the judge-made doctrines, some commentators have asserted that they are basically a species of liability based …

State Misdemeanant, Federal Felon: Adolescent Sexual Offenders And The Ina, Michael J. Higdon

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At the age of eighteen, Alberto Velasco-Giron had sex with his fifteen-year old girlfriend. As a result, he was deported.

To understand how this could happen, we have to back up a bit. In 1988, Congress amended the Immigration and Nationality Act (“INA”) to state that any alien who commits an “aggravated felony” is subject to deportation. Since that time, Congress has continuously supplemented the definition of aggravated felony to include more and more crimes, the result being that noncitizens were subject to deportation for an ever-growing list of offenses. In 1996, the definition was revised yet again to include …

The Sticks In The Chinese Property Rights Bundle, Gregory M. Stein

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No abstract provided.

Timekeeping And Wage Theft In The 21st Century, Alex B. Long

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No abstract provided.

Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd-Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway

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No abstract provided.

Oral Advocacy And Vocal Fry: The Unseemly, Sexist Side Of Nonverbal Persuasion, Michael J. Higdon

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In 2015, Naomi Wolf warned that "the most empowered generation of women ever — today’s twentysomethings in North America and Britain — is being hobbled in some important ways by something as basic as a new fashion in how they use their voices." She was referring to the phenomenon referred to as "vocal fry" — a speech quality in which the speaker lowers her natural pitch and produces a "creaking" sound as she talks. Naomi Wolf is not alone in her warnings; vocal fry has received quite a bit of negative attention recently. Specifically, these critics warn that those who …

Brands, Competition Law And Ip, Maurice Stucke

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No abstract provided.

The Use Of Neuroscience Evidence In Criminal Proceedings, John B. Meixner Jr.

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While law and neuroscience has been an increasingly popular topic in academic discourse, until now, little systematic research had examined how neuroscience evidence has actually been used in court. Do courts actually admit and consider evidence of brain trauma that might indicate that an individual did not have the capacity to achieve the mental state required for conviction of particular crime? Do they use such evidence to consider the relative culpability for the crime in the event of conviction? Do they consider or understand brain scan data? For much of the life of this infant field, we have only been …

Decision Making And The Law: Truth Barriers, Jonathan J. Koehler, John B. Meixner Jr.

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Reaching an accurate outcome is a central goal of the American trial. But structural features of the legal system, in combination with the cognitive shortcomings of legal actors, hinder the search for truth. Regarding the legal system, various rules and policies restrict decision makers’ access to evidence, violate the laws of probability, and limit the evidentiary concerns that may be considered on appeal. Regarding legal actors, informational deficits (particularly regarding scientific and statistical evidence) and cognitive biases of police investigators, witnesses (lay and expert), attorneys, judges, and jurors pose serious obstacles. We conclude by suggesting that research in judgment and …

Fresh Approaches To Teaching Transactional Drafting, Joan Macleod Heminway, Richard K. Neumann Jr., Katherine M. Koops

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No abstract provided.

Employment Discrimination In The Legal Profession: A Question Of Ethics?, Alex B. Long

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In recent years, the ABA and local bar leaders have taken numerous steps to raise awareness about the need to increase diversity within the legal profession. In order to increase diversity, however, the legal profession must also seek to eliminate unlawful employment discrimination. In most workplaces, an employer’s main concern with respect to discrimination is the possibility of civil suit. However, in a surprising number of states, rules of professional conduct either explicitly prohibit employment discrimination on the part of lawyers or could be easily read to do so. This paper will examine the extent to which it is desirable …

Beyond The Metatheoretical: Implicit Bias In Law Review Article Selection, Michael J. Higdon

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Every year, law review editors around the country are forced to select the authors, out of the hundreds who annually submit articles, to whom they will extend offers of publication. For law review editors, these are stressful times given 1) the short time frame they have for reading and assessing this ever growing number of submissions and 2) the fear that a poor selection on their part could potentially embarrass both themselves and their law schools. Although legal scholars sometimes forget about article selection from the perspective of the hurried, stressed law review editor, everyone in the academy should be …

Do Progressive Property Scholars Really Want To Limit Nollan And Dolan To Administrative Exactions, Gregory M. Stein

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No abstract provided.

Tennessee Workers: Dying For A Job, Fran Ansley

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Making Sense Of Mid-Term Modifications Of At-Will Employment Contracts, Alex B. Long

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The Death Of An Llc: What's Trending In Llc Dissolution Law, Joan Macleod Heminway

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No abstract provided.

Communicating With The Impatient, Skeptical Legal Reader: The Thesis Sentence, Michael J. Higdon

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No abstract provided.

Limiting Credit Bidding For "Cause" Under § 363(K): Contra Philadelphia Newspapers Footnote 14, George Kuney

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No abstract provided.

Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds

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No abstract provided.