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University of Tennessee College of Law

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Articles 121 - 150 of 834

Full-Text Articles in Courts

And Then There Were Yellow Roses, Penny J. White Jan 2019

And Then There Were Yellow Roses, Penny J. White

Tennessee Law Review

No abstract provided.


From Suffrage To Citizenship: The Battle For Gender Equality At The Citadel, Valorie K. Vojdik Jan 2019

From Suffrage To Citizenship: The Battle For Gender Equality At The Citadel, Valorie K. Vojdik

Tennessee Law Review

No abstract provided.


Table Of Cases Jan 2019

Table Of Cases

Tennessee Law Review

No abstract provided.


She Stands On Her Own, Amongst Many: The Women Of The Tennessee Supreme Court, Bernice B. Donald, Emily T. Brait Jan 2019

She Stands On Her Own, Amongst Many: The Women Of The Tennessee Supreme Court, Bernice B. Donald, Emily T. Brait

Tennessee Law Review

No abstract provided.


Author Index Jan 2019

Author Index

Tennessee Law Review

No abstract provided.


Contents Jan 2019

Contents

Tennessee Law Review

No abstract provided.


Contents Jan 2019

Contents

Tennessee Law Review

No abstract provided.


Sovereign Speech In Troubled Times: Prosecutorial Statements As Extrajudicial Admissions, Amir Shachmurove Jan 2019

Sovereign Speech In Troubled Times: Prosecutorial Statements As Extrajudicial Admissions, Amir Shachmurove

Tennessee Law Review

On its face, Federal Rule of Evidence 801(d)(2) is elegantly simple. Distinguishing between neither private persons nor public entities, it renders admissible out-of-court statements made by an agent "authorized to make a statement on the subject" and by an agent or employee "on a matter within the scope of. . . [its] relationship" to the party per subparagraph (C) and (D), respectively. More colloquially, Evidence Rule 801(d)(2)(C) permits the introduction of an authorized representative's statements into a case's evidentiary record, and Evidence Rule 801(d)(2)(D) does the same for statements uttered by certain agents and employees. History partly vindicated the former, …


Foreword: From Suffrage To The Era, Wanda G. Sobieski Jan 2019

Foreword: From Suffrage To The Era, Wanda G. Sobieski

Tennessee Law Review

No abstract provided.


Subdivision And Conserved Farmland, Jess R. Phelps Jan 2019

Subdivision And Conserved Farmland, Jess R. Phelps

Tennessee Law Review

Limiting subdivision of conserved farmland is often a critical component of an agricultural conservation easement project's design. These restrictions are critical for ensuring that a protected farm remains of sufficient size and scale to continue to be viable for agricultural use. This form of restriction, however, is often undervalued by courts reviewing agricultural conservation easements as being secondary or incidental to the agricultural conservation easement's stated goal of preventing this land from being developed or converted to non-agricultural use. The purpose of this Article is to place subdivision restrictions in their appropriate context and to consider options for increasing their …


One Wotus, Two Potus: The Clean Water Act And The Economic Impact, Brad Finney Jan 2019

One Wotus, Two Potus: The Clean Water Act And The Economic Impact, Brad Finney

Tennessee Law Review

No abstract provided.


Subject Index Jan 2019

Subject Index

Tennessee Law Review

No abstract provided.


Contents Jan 2018

Contents

Tennessee Law Review

No abstract provided.


Debunking The Ncaa's Myth That Amateurism Conforms With Antitrust Law: A Legal And Statistical Analysis, Thomas A. Baker Iii, Marc Edelman, Nicholas M. Watanabe Jan 2018

Debunking The Ncaa's Myth That Amateurism Conforms With Antitrust Law: A Legal And Statistical Analysis, Thomas A. Baker Iii, Marc Edelman, Nicholas M. Watanabe

Tennessee Law Review

This article provides the first detailed study to show that paying college football players does not decrease fan interest in watching college football-substantially debunking the NCAA's myth that amateurism conforms to the requirements of antitrust law. Part I of this article details the history of collegiate sports in the United States and the NCAA's amateurism rules. Part II examines the origins and evolution of the NCAA's procompetitive presumption defense of amateurism; a legal fiction that presumes consumer interest in amateurism justifies a quasi-antitrust exemption for the NCAA's "no pay" rules. Part III sets the framework for our empirical study by …


Faithful Execution: The Persistent Myth Of Widespread Prosecutorial Misconduct, Timothy C. Harker Jan 2018

Faithful Execution: The Persistent Myth Of Widespread Prosecutorial Misconduct, Timothy C. Harker

Tennessee Law Review

Professors, politicians, activists, journalists, and bloggers alike stand ready to denounce prosecutorial misconduct-the more egregious the misconduct, the more vociferous the denunciation, and rightly so. Ordinarily, such public denunciation would have a salubrious effect. Unfortunately, this remedial process has been hijacked by those who insist that prosecutorial misconduct is widespread and has infected all facets of the criminal justice system, to the detriment of defendants and the consternation of the public. Their vitriol precludes a dispassionate evaluation of the criminal justice system generally and prosecutorial misconduct specifically. This article demonstrates that, contrary to expectations, prosecutorial misconduct occurs with reassuring infrequency. …


Restoring Fairness To Campus Sex Tribunals, Cynthia V. Ward Jan 2018

Restoring Fairness To Campus Sex Tribunals, Cynthia V. Ward

Tennessee Law Review

No abstract provided.


Contents Jan 2018

Contents

Tennessee Law Review

No abstract provided.


A Fighting Chance? Small Family Farmers And How Little We Know, Jamey Mavis Lowdermilk Jan 2018

A Fighting Chance? Small Family Farmers And How Little We Know, Jamey Mavis Lowdermilk

Tennessee Law Review

No abstract provided.


Tribute To Spenser F. Powell, John L. Sobieski Jr., Marshall Jensen Jan 2018

Tribute To Spenser F. Powell, John L. Sobieski Jr., Marshall Jensen

Tennessee Law Review

No abstract provided.


Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot Jan 2018

Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot

Tennessee Law Review

No abstract provided.


Contents Jan 2018

Contents

Tennessee Law Review

No abstract provided.


The New Digital Wild West: Regulating The Explosion Of Initial Coin Offerings, Randolph A. Robinson Ii Jan 2018

The New Digital Wild West: Regulating The Explosion Of Initial Coin Offerings, Randolph A. Robinson Ii

Tennessee Law Review

In less than a calendar year, initial coin offerings or "ICOs" have become the fastest growing capital market in the world. In 2016, an entity called The DAO raised $160 million by selling crypto-tokens to over 15,000 individual purchasers around the globe. This massive fund raise would give rise to an entirely new capital ecosystem. In 2017, initial coin offerings would explode, raising a collective $5.1 billion. All of this was done without a single registration being filed with the SEC, and many of these initial coin offerings-including several $100 million raises-were based on little more than a white paper …


Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining Jan 2018

Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining

Tennessee Law Review

This Article uses the September 2017 defamation decision in Simmons v. American Media, Inc. as a springboard for examining defamatory meaning and reputational injury. Specifically, it focuses on cases in which judges acknowledge that plaintiffs have suffered reputational harm yet rule for defendants because promoting the cultural value of equality weighs against redress. In Simmons, a normative, axiological judgment-that the law should neither sanction nor ratify prejudicial views about transgender individuals prevailed at the trial court level over a celebrity's ability to recover for alleged reputational harm. Simmons sits at a dangerous intersection: a crossroads where a noble judicial desire …


Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas, Scott W. Gaylord Jan 2018

Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas, Scott W. Gaylord

Tennessee Law Review

All laws discriminate. Some discriminate in ways that are innocuous (like driving on the right side of the road). Others result in discrimination that is invidious (like segregation laws). And still others, like public accommodations laws, are meant to preclude discrimination against certain groups of individuals. Such antidiscrimination laws also discriminate, but they generally do so against offensive or undesirable conduct, which is unprotected under the Constitution. But what happens when antidiscrimination laws are applied to the expression of individuals or for-profit businesses? In particular, what happens when a state attempts to require a for-profit business to design and create …


The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin Jan 2018

The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin

Tennessee Law Review

No abstract provided.


Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel Jan 2018

Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel

Tennessee Law Review

No abstract provided.


Author Index Jan 2018

Author Index

Tennessee Law Review

No abstract provided.


"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman Jan 2018

"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman

Tennessee Law Review

No abstract provided.


Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler Jan 2018

Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler

Tennessee Law Review

No abstract provided.


Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie Jan 2018

Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie

Tennessee Law Review

No abstract provided.