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Articles 1 - 22 of 22
Full-Text Articles in Law
Comfortably Penumbral, Glenn Reynolds, Brannon Denning
Comfortably Penumbral, Glenn Reynolds, Brannon Denning
College of Law Faculty Scholarship
A followup to "Penumbral Reasoning on the Right", 140 U. Pa. L. Rev. 1333 (1992), this paper notes the increased use, and acceptance, of penumbral reasoning by federal courts in recent years. It suggests that this trend is a positive one, and likely to lead to more, rather than less, fidelity to constitutional text and structure.
Comfortably Penumbral, Glenn Harlan Reynolds
Comfortably Penumbral, Glenn Harlan Reynolds
UTK Law Faculty Publications
A followup to "Penumbral Reasoning on the Right", 140 U. Pa. L. Rev. 1333 (1992), this paper notes the increased use, and acceptance, of penumbral reasoning by federal courts in recent years. It suggests that this trend is a positive one, and likely to lead to more, rather than less, fidelity to constitutional text and structure.
Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long
Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long
UTK Law Faculty Publications
No abstract provided.
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Harlan Reynolds
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Harlan Reynolds
UTK Law Faculty Publications
In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …
Reflections On Lawyering For Reform: Is The Highway Alive Tonight, Dean Rivkin
Reflections On Lawyering For Reform: Is The Highway Alive Tonight, Dean Rivkin
UTK Law Faculty Publications
No abstract provided.
Inclusive Teaching Methods Across The Curriculum: Academic Resource And Law Teachers Tie A Knot At The Aals, Fran Ansley
Inclusive Teaching Methods Across The Curriculum: Academic Resource And Law Teachers Tie A Knot At The Aals, Fran Ansley
UTK Law Faculty Publications
In September 1996, Laurie Zimet, Director of the Academic Support Program at the University of California at Hastings College of the Law, proposed to the rest of us – four law professors and two other academic support teachers – that we plan the Academic Support Section presentation at the 1997 Association of American Law Schools Annual Conference. Our panel topic, “Inclusive Teaching Methods Across the Curriculum,” would draw deeply from our common passion for the subject and from our diverse experiences in innovative pedagogy. But could seven of us, three of us speaking one dialect of legal education (academic support …
Girls' Schools After Vmi: Do They Make The Grade, Valorie K. Vojdik
Girls' Schools After Vmi: Do They Make The Grade, Valorie K. Vojdik
UTK Law Faculty Publications
No abstract provided.
An America Without Judicial Independence, Penny White
An America Without Judicial Independence, Penny White
UTK Law Faculty Publications
No abstract provided.
Space Resources, Common Property, And The Collective Action Problem, Glenn Reynolds, Robert Merges
Space Resources, Common Property, And The Collective Action Problem, Glenn Reynolds, Robert Merges
College of Law Faculty Scholarship
The subjects of lunar mining, asteroidal resource extraction, and orbital solar power are again attracting considerable attention, leading to more discussion of space property rights regimes. This article discusses both private-property regimes and centralized regulatory regimes of the sort envisioned by the 1979 Moon Treaty, and also notes that private property regimes may actually be both more productive of wealth and more beneficial for the space environment than centralized regulatory schemes.
Classifying Race, Racializing Class, Frances Ansley
Classifying Race, Racializing Class, Frances Ansley
College of Law Faculty Scholarship
No abstract provided.
Inclusive Teaching Methods Across The Curriculum: Academic Resource And Law Teachers Tie A Knot At The Aals, Frances Ansley
Inclusive Teaching Methods Across The Curriculum: Academic Resource And Law Teachers Tie A Knot At The Aals, Frances Ansley
College of Law Faculty Scholarship
No abstract provided.
Race And The Core Curriculum In Legal Education, Frances Ansley
Race And The Core Curriculum In Legal Education, Frances Ansley
College of Law Faculty Scholarship
No abstract provided.
Basic Brownfields, Becky Jacobs
Basic Brownfields, Becky Jacobs
College of Law Faculty Scholarship
It seems as if everyone is talking about brownfields these days. You hear about brownfields on the news, and you can select from a variety of books and articles on the subject. Brownfields forums and seminars are being organized nationwide. Government agencies and officials at all levels consider brownfields a top priority. President Bill Clinton even remarked upon the issue in his 1997 State of the Union Address: "We should restore contaminated urban land and buildings to productive use." This article is a basic guide to the brownfields problem. It will define the problem and will attempt to identify the …
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Reynolds, David Kopel
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Reynolds, David Kopel
College of Law Faculty Scholarship
In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …
Researching For Democracy And Democratizing Research, Frances Ansley
Researching For Democracy And Democratizing Research, Frances Ansley
College of Law Faculty Scholarship
No abstract provided.
If Justice Is For All, Who Are Its Constituents?, Penny White
If Justice Is For All, Who Are Its Constituents?, Penny White
UTK Law Faculty Publications
No abstract provided.
Move Over Marcus Welby, M.D. And Make Way For Managed Care: The Implications Of Capitation, Gag Clauses, And Economic Credentialing, Michelle M. Kwon
Move Over Marcus Welby, M.D. And Make Way For Managed Care: The Implications Of Capitation, Gag Clauses, And Economic Credentialing, Michelle M. Kwon
UTK Law Faculty Publications
No abstract provided.
Space Resources, Common Property, And The Collective Action Problem, Glenn Harlan Reynolds
Space Resources, Common Property, And The Collective Action Problem, Glenn Harlan Reynolds
UTK Law Faculty Publications
The subjects of lunar mining, asteroidal resource extraction, and orbital solar power are again attracting considerable attention, leading to more discussion of space property rights regimes. This article discusses both private-property regimes and centralized regulatory regimes of the sort envisioned by the 1979 Moon Treaty, and also notes that private property regimes may actually be both more productive of wealth and more beneficial for the space environment than centralized regulatory schemes.
Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett
Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett
UTK Law Faculty Publications
No abstract provided.
Classifying Race, Racializing Class, Fran Ansley
Classifying Race, Racializing Class, Fran Ansley
UTK Law Faculty Publications
No abstract provided.
Researching For Democracy And Democratizing Research, Fran Ansley
Researching For Democracy And Democratizing Research, Fran Ansley
UTK Law Faculty Publications
No abstract provided.