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Articles 1 - 30 of 57
Full-Text Articles in Law
“The Last Acceptable Prejudice”: Student Harassment Of Gay Public School Teachers, Matthew Bernstein
“The Last Acceptable Prejudice”: Student Harassment Of Gay Public School Teachers, Matthew Bernstein
Tennessee Journal of Race, Gender, & Social Justice
In the United States, where the “marketplace of ideas” is a key social philosophy, few Americans receive the benefits of attending public schools with “out” gay and lesbian teachers. Even in an era where civil rights for homosexual public employees are increasing, more than one quarter of adults in the United States continue to believe that school boards should be permitted to fire teachers known to be homosexual. Amid a permissive legal climate that too easily puts aside the rights of teachers in a myopic focus on students, incidents where students harass teachers based on the teachers’ sexual orientation go …
Continued Disparities In School Facilities: Analyzing Brown V. Board Of Education’S Singular Approach To Quality Education, Corsica D. Smith
Continued Disparities In School Facilities: Analyzing Brown V. Board Of Education’S Singular Approach To Quality Education, Corsica D. Smith
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
An Appeal For Change: Eliminating The Second Bite At The Apple In Tennessee Juvenile Cases, April Meldrum, Laura Hash
An Appeal For Change: Eliminating The Second Bite At The Apple In Tennessee Juvenile Cases, April Meldrum, Laura Hash
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Table Of Contents - Volume 3:1, Brianna Rene' Powell
Table Of Contents - Volume 3:1, Brianna Rene' Powell
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Technology In Law Practice And In The Classroom, Michael Bloom, Richard Sobelsohn
Technology In Law Practice And In The Classroom, Michael Bloom, Richard Sobelsohn
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Second Amendment Realism, David Wolitz
The 1st Amendment, 2nd Amendment, And 3d Printed Guns, Josh Blackman
The 1st Amendment, 2nd Amendment, And 3d Printed Guns, Josh Blackman
Tennessee Law Review
We are standing at the dawn of the next great industrial revolution. With 3D printers people can print an infinite number of personalized and customized "things." However, one manifestation of this bold new technology threatens to cast a specter on innovation: 3D printed guns. This Article explores how efforts to regulate, or even ban 3D guns, must satisfy constitutional scrutiny under both the First and Second Amendments.
The Second Amendment right to keep and bear arms includes a subsidiary right to acquire arms-what else are you going to keep and bear-which covers both the buyer, and seller in the transaction. …
What Cornell Veterinary School Taught Me About Legal Education, Tina L. Stark
What Cornell Veterinary School Taught Me About Legal Education, Tina L. Stark
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Macleod Heminway, Marcia Narine
Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Macleod Heminway, Marcia Narine
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Skills Is Not A Dirty Word: Identifying And Teaching Transactional Law Competencies, Sue Payne, Barbara Wagner, Ann-Marie Mcgaughey, Bill Bates, Danny Bogart
Skills Is Not A Dirty Word: Identifying And Teaching Transactional Law Competencies, Sue Payne, Barbara Wagner, Ann-Marie Mcgaughey, Bill Bates, Danny Bogart
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Entrepreneurial Law Programs And Legal Needs, Richard Benham, Elizabeth Farrell-Clifford, Steve Black, Jason Gordon
Entrepreneurial Law Programs And Legal Needs, Richard Benham, Elizabeth Farrell-Clifford, Steve Black, Jason Gordon
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Third-Party Litigation Funding And The Dodd-Frank Act, Victoria Shannon
Third-Party Litigation Funding And The Dodd-Frank Act, Victoria Shannon
Transactions: The Tennessee Journal of Business Law
This article questions whether the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) should apply to the growing phenomenon of third-party litigation funding, in which outside entities invest in litigation or arbitration for profit. Currently, the United States, Australia, and the United Kingdom lightly regulate third-party litigation funding, but the majority of the day-to-day oversight comes through voluntary funder self-regulation. Most third-party funders of commercial disputes are private hedge funds that are subject to the securities regulations of the jurisdictions in which they operate. The Dodd-Frank Act is a relatively new statute in the United States that regulates …
The Emergence Of Group And Prepaid Legal Services: Embracing A New Reality, Jeremy Bryant Tomes
The Emergence Of Group And Prepaid Legal Services: Embracing A New Reality, Jeremy Bryant Tomes
Transactions: The Tennessee Journal of Business Law
This essay analyzes the group and prepaid legal services industry and how regulatory mechanisms must change in order to create a conducive environment that will foster the necessary innovation to allow this industry to continue to thrive. Group and prepaid legal services continue to face regulatory obstacles that hinder necessary innovation in the industry. The tortured history of the group and prepaid legal services industry is well documented and highlights the issues that the current legal landscape still faces. As this essay demonstrates, it is beneficial to analyze the current state of regulations and rules governing group and prepaid legal …
Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning
Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning
Tennessee Law Review
No abstract provided.
The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael P. O'Shea
The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael P. O'Shea
Tennessee Law Review
No abstract provided.
Educating Athletes Re-Envisioning The Student-Athlete Model, William W. Berry Iii
Educating Athletes Re-Envisioning The Student-Athlete Model, William W. Berry Iii
Tennessee Law Review
This article contends that if the NCAA and universities are serious about saving the current student-athlete model, then they should double-down on the concept of "student" in the student-athlete model. In particular, this paper suggests that adopting a more realistic approach to educating athletes will benefit both the universities and student-athletes, relieving pressure on the current model and improving educational outcomes.
Specifically, this article argues for a revised student-athlete model. First, the new model would require mandatory six-year scholarships for student-athletes and a reduction in the required academic hours "in-season" from nine to three. The model also mandates that students …
Constitutional Law-Suffrage And The State's Interest In Preventing Fraud-The Constitutionality Of Tennessee's Photo Identification Requirement Under Strict Scrutiny, Garett Franklyn
Tennessee Law Review
No abstract provided.
Constitutional Trespass, Laurent Sacharoff
Constitutional Trespass, Laurent Sacharoff
Tennessee Law Review
The Supreme Court has recently created a trespass test for Fourth Amendment searches without explaining what type of trespass it envisions-one based on the common law of 1791, on the specific trespass law of the state where the search occurred, or on some other trespass principles. Indeed Florida v. Jardines, decided in 2013, raises the question whether the Court has created a trespass test at all, a seeming turnabout that largely recapitulates the Court's 125- year history of confusion in which it has embraced, rejected, or simply ignored trespass as a test from era to era or even year to …
The New Ada Backlash, Nicole Buonocore Porter
The New Ada Backlash, Nicole Buonocore Porter
Tennessee Law Review
No abstract provided.
The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky
The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky
Tennessee Law Review
No abstract provided.
Rethinking Presumed Knowledge Of The Law In The Regulatory Age, Michael Cottone
Rethinking Presumed Knowledge Of The Law In The Regulatory Age, Michael Cottone
Tennessee Law Review
"But the guilty person is only one of the targets of punishment. For punishment is directed above all at others, at all the potentially guilty."
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Tennessee Law Review
Me and you and you and me
No matter how they toss the dice It has to be
The only one for me is you, And you for me
So happy together
-The Turtles, Happy Together (written by Alan Gordon Garry Bonner)
Criminal Procedure-Juror Misconduct And Bias-Assessing The Prejudicial Effect Of Extra-Judicial Communications By Jurors In A Technologically Advanced Society, Racquel Martin
Tennessee Law Review
No abstract provided.
Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell
Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell
Transactions: The Tennessee Journal of Business Law
“DPAs [(Deferred Prosecution Agreements)] have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe,” declared Lanny Breuer, the head of the Criminal Division of the U.S. Department of Justice (DOJ) on September 13, 2012.2 Deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) are settlement agreements between a prosecutor and a defendant in which the prosecutor agrees to either defer or forego prosecution in return for the defendant’s cooperation in an ongoing investigation or prosecution, as well as an agreement to comply with the requirements of the settlement. Rather than forcing prosecutors to …