Law Commons^™

Gut Check: Why Obesity Is Not A Disability Under Tennessee Law And How The Legislature Can Address The Obesity Epidemic, Jennifer Vallor

Tennessee Journal of Law and Policy

No abstract provided.

The Constitutionality Of Eliminating Or Restricting U.S. Senate Primaries Under The Seventeenth Amendment, Megan Duthie

Tennessee Journal of Law and Policy

No abstract provided.

States Are Making Their Own Decisions Regarding Marijuana Should Be Illegal: How Should The Federal Government React?, Joseph Tutro

Tennessee Journal of Law and Policy

No abstract provided.

How To Create American Manufacturing Jobs, John Dewar Gleissner

Tennessee Journal of Law and Policy

No abstract provided.

Contents

Tennessee Journal of Law and Policy

No abstract provided.

Viewing Tennessee's New Photo Identification Requirements For Voters Through Historical And National Lens, Daniel Sullivan

Tennessee Journal of Law and Policy

No abstract provided.

The Necessary Opportunism Of The Common Law First Amendment, Chris Stangl

Tennessee Journal of Law and Policy

The First Amendment historically has been interpreted to provide greater and greater protection to more and more forms of expression. The notion of an originalist First Amendment has never commanded a majority of the Supreme Court and is unlikely to do so. Instead the development of the First Amendment has followed a common law trajectory. As the reach of its protections expands, so to do its attractiveness for arguments that may be more accurately located elsewhere in the Constitution's text. Such opportunism is a predictable, even necessary consequence of the First Amendment's common law development, and the Supreme Court tacitly …

Precedent, Fairness, And Common Sense Dictate That Padilla V. Kentucky Should Apply Retroactively, William N. Conlow

Tennessee Journal of Law and Policy

In 2010, the Supreme Court decided the landmark case of Padilla v. Kentucky. The Padilla Court's holding was that failure of counsel to advise a non-citizen criminal defendant about the immigration consequences of a guilty plea constitutes ineffective assistance of counsel. This article addresses whether Padilla applies to convictions that occurred before Padilla was decided, in March 2010.

First, this article provides background on relevant immigration law, Padilla v. Kentucky, and the Supreme Court's retroactivity case law. Then, this article considers how lower courts have addressed the issue of retroactivity in the approximately twenty-seven months after the Padilla decision. This …

United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie Reid

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 3: Lawyers As Crisis Communicators, Adam Goldberg, Tom Griscom, Josh Galper

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 2: Cross Training: Journalism For Lawyers, Law For Journalists, Joie Chen, James Duff, Kim Helper, Cynthia Moxley

Tennessee Journal of Law and Policy

No abstract provided.

Lunch Keynote Address: A Historical Perspective On Justice And Journalism, John Seigenthaler

Tennessee Journal of Law and Policy

No abstract provided.

Morning Keynote Address: Surviving The Media Onslaught, Joseph B. Cheshire V

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 1: To Comment Or Not To Comment: What The Media Wants, What The Client Needs, And What The Rules Require, Joseph B. Cheshire V, Mark Curriden, Kim Helper, Pamela Mackey, Al Tompkins

Tennessee Journal of Law and Policy

No abstract provided.

Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing Requirements On The Welfare Population, Lindsey Lyle

Tennessee Journal of Law and Policy

No abstract provided.

Keynote Address: Protecting The Pillars Of Our Legal System, Bernard W. Nussbaum

Tennessee Journal of Law and Policy

No abstract provided.

The Role Of The Attorney And The Attorney Client Relationship: The Keys To Improved Public Perception Of Attorneys And The Lexus, Jeanne Marie Zokovitch Paben

Tennessee Journal of Law and Policy

No abstract provided.

Contents

Tennessee Journal of Law and Policy

No abstract provided.

Business-To-Business Data Sharing Within The Eu Digital Market International Conference Warsaw, 14–15 September 2023, Monika Woźniak-Cichuta

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Data Sharing For The Common Good – Remarks On The Data Altruism Framework Established Under The Data Governance Act, Adrianna Michałowicz

Yearbook of Antitrust and Regulatory Studies

The article examines the data altruism framework established under the European Union’s Data Governance Act (DGA) and its potential to foster trust in voluntary data sharing. The DGA, effective from September 2023, introduces legal measures to facilitate the altruistic sharing of personal and non-personal data for objectives of general interest, such as healthcare, scientific research, and disaster response. The study aims to evaluate the regulatory framework’s effectiveness in building trust, focusing on three key aspects: the potential recipients of altruistically shared data, the possibility of commercial use of such data, and the transparency of data processing activities. The findings suggest …

Searching For Coordination Between The Eu Copyright Enforcement System And Content Portability: An Underestimated Challenge?, Camilla Signoretta

Yearbook of Antitrust and Regulatory Studies

Portability is a multifaceted concept, standing in between data law, digital consumer law and platform regulation. Considering their different rationale, portability rules can be found in the General Data Protection Regulation (GDPR), the Digital Content Directive (DCD), the Portability Regulation (PR), and the Digital Markets Act (DMA). Throughout the years, portability evolved from a prerogative of data subjects into a content regulatory tool. Therefore, its interplay with intellectual property law became progressively more complicated. Importantly, some portability provisions have been enacted in the form of obligations to be implemented by digital platforms. In this light, the intersection between digital platform …

The Quest For The Fifth Freedom: Access To Data And Information In Conflict With The Protection Of Intellectual Property, Katarzyna Klafkowska-Waśniowska

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of the freedom of information, linked to the goals of the European Research Area, and its relations with the evolving concept of free movement and free flow of data. Both concepts relate to the fundamental principles of the single market: free movement, non-discrimination and market access. In the context of the internal market, public authorities need to ensure market access for private economic operators in the area of goods, services, the labour market and investment. Free flow of data and information is based on the autonomous understanding of “access” – not access to the market, …

The Risks Of Health Data Commodification In The Eu Digital Market, Chiara Gallese

Yearbook of Antitrust and Regulatory Studies

This article explores the health data commodification phenomenon in the European Union’s digital market. The emergence of a health marketplace, and the increasing utilisation of health data by both public and private entities, have raised significant concerns about citizens’ rights. This study examines the risks of health data commodification, the EU’s efforts to facilitate data sharing and reuse through the Digital Strategy Corpus of law (DSC) as well as its potential implications on the rights of data subjects. The article investigates the ongoing scholarly debate surrounding the commodification of personal data, and its ethical and legal dimensions. The interdisciplinary approach …

The Creation Of Data Pools As Information Exchanges: Antitrust Concerns, Eugenio O. Peralta

Yearbook of Antitrust and Regulatory Studies

In the digital market, data is a critical resource, but its handling reveals a twosided situation. First, dominant platforms, known as gatekeepers, control major data sources. They may extract data unfairly from dependent partners, or abuse their market position by demanding excessive data for free services, and may also acquire companies solely for their data. The Digital Markets Act counters this by imposing data handling restrictions and portability duties. Conversely, nongatekeeper companies need data access to compete and innovate. The European Data Act addresses this, by granting data portability rights and promoting data sharing spaces, yet a more extensive data …

Digital Data-Driven Mergers: Is A Data-Sharing Remedy A Panacea?, Monika Woźniak-Cichuta

Yearbook of Antitrust and Regulatory Studies

The article contributes to the current debate on the interplay between the data economy and competition law. First, on the basis of theories of harm related to datadriven merger, it is stated that such transactions require a particular assessment in merger control proceedings, rather than having them cleared unconditionally during phase 1. Such examination should take into consideration data-induced market power, not necessarily related to traditionally defined relevant markets. Therefore, it is postulated to take an ecosystem perspective on harm stemming from digital data-driven mergers. Second, the practice of the European Commission is outlined with regard to data-access remedies. It …

Experimentalist Competition Law Enforcement As A Complementary Data Sharing Toolkit: Learning From Agcm V. Google – Ostacoli Alla Portabilità Dei Dati, Emanuele Fazio

Yearbook of Antitrust and Regulatory Studies

Analysing the Italian case AGCM v. Google – Ostacoli alla portabilità dei dati, this paper scrutinises the “experimentalist architecture” of public competition law enforcement in dealing with data sharing disputes. In AGCM v. Google, the experimentalist competition law enforcement aimed at ensuring and designing the right to data portability provided by Article 20 GDPR. The paper investigates the extent to which the conditions and distinctive features of the experimentalist architecture play a role in AGCM v. Google, which include: strategic uncertainty, polyarchic distribution of powers, high degree of discretion of local agents, dynamic accountability, and the participation of all stakeholders …

The Ghost In The Machine: The Threat Screening Center And The Mootness Tool, Jeffrey Kahn

Scholarly Articles in Law Reviews & Journals

In FBI v. Fikre, the Supreme Court resolved a circuit split about the voluntary cessation exception to the mootness doctrine in what initially appears to be a plaintiff-friendly way. The Court unanimously held that the government’s “sparse declaration” was insufficient to moot lawsuits challenging the No Fly List (a list of people banned from aircraft). The declaration failed to show that the government “cannot reasonably be expected to do again in the future what it is alleged to have done in the past.” It stated only that Fikre “will not be placed on the No Fly List in the …

Brief Of Amici Curiae Manhattan Institute And Notre Dame Education Law Project In Support Of Plaintiffs-Appellants And Reversal, Nicole Stelle Garnett, Ilya Shapiro, Tim Rosenberger

Court Briefs

CASE NO. 24-4291
John Woolard v. John Thurmond

On Appeal from the United States District Court for the Eastern District of California
Case No. 2:23-CV-02305-JAM-JDP

From the Summary of Argument

As part of California’s diverse array of education options, homeschooling parents may choose to enroll their children in independent-study charter schools, which work with parents to develop custom curriculum for their children’s unique educational needs. The plaintiffs did just that here and enrolled their children in Blue Ridge Academy and Visions in Education, both independent-study charter schools. Unfortunately, not all parents are able to avail themselves of this opportunity because …

The Urgency Of Official Non-Halal Labels In Restaurants As A Consumer Protection In Indonesia, Yudha Pratama Putra, Nurwahidin Nurwahidin, Nur Fatwa

Journal of Middle East and Islamic Studies

Information about non-halal labels is regulated by Law No. 33 of 2014 concerning Halal Product Guarantees. Article 93 states that products originating from prohibited materials must include non-halal details in the form of images, writing, or the name of the material with a different color in the composition of the material, for example red. In 2014, the Head of the Halal Registration and Certification Center at the BPJPH Ministry of Religion explained that his party would regulate the use of non-halal labels for non-halal products in the Minister of Religion regulations. However, until now, this plan has not been realized. …

Appendix: Transcript Of Video Legislative History Of Public Chapter No. 4981

Tennessee Journal of Law and Policy

House Bill 1358 (April 12, 2011) - House Judiciary Subcommittee