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Articles 211 - 240 of 834
Full-Text Articles in Courts
Leadership: Three Key Questions, Kenton R. Vaughn
Leadership: Three Key Questions, Kenton R. Vaughn
Tennessee Law Review
No abstract provided.
Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin Gardner
Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin Gardner
Tennessee Law Review
No abstract provided.
Confusing Patent Eligibility, David O. Taylor
Confusing Patent Eligibility, David O. Taylor
Tennessee Law Review
Patent law-and in particular the law governing patent eligibility-is in a state of crisis. This crisis is one of profound confusion. Confusion exists because the current approach to determining patent eligibility confuses the relevant policies underlying numerous discrete patent law doctrines, and because the current approach lacks administrability. Ironically, the result of all this confusion is seemingly clear. The result seems to be that, when challenged, patent applications and issued patents in certain technology areas probably do not satisfy the requirement of eligibility-at least that is the perception. A resulting concern, therefore, is that the current environment substantially reduces incentives …
The Ascertainability Landscape And The Modern Affidavit, Jordan Elias
The Ascertainability Landscape And The Modern Affidavit, Jordan Elias
Tennessee Law Review
No abstract provided.
An Econometric Investigation Of The Determinants Of U.S. Supreme Court Decisions, John S. Summers, Michael J. Newman, Michael T. Cliff
An Econometric Investigation Of The Determinants Of U.S. Supreme Court Decisions, John S. Summers, Michael J. Newman, Michael T. Cliff
Tennessee Law Review
No abstract provided.
Accommodating "Religion", Aaron R. Petty
Training Leaders The Very Best Way We Can, George T. "Buck" Lewis, Douglas A. Blaze
Training Leaders The Very Best Way We Can, George T. "Buck" Lewis, Douglas A. Blaze
Tennessee Law Review
No abstract provided.
The Voleaders Academy And Boundary Spanning Leadership, Sally Parish, Joe Scogin
The Voleaders Academy And Boundary Spanning Leadership, Sally Parish, Joe Scogin
Tennessee Law Review
No abstract provided.
Professional Formation And The Political Economy Of The American Law School, Louis D. Bilionis
Professional Formation And The Political Economy Of The American Law School, Louis D. Bilionis
Tennessee Law Review
No abstract provided.
On Balance: Leading By Leaving, Paula Schaefer
On Balance: Leading By Leaving, Paula Schaefer
Tennessee Law Review
No abstract provided.
Leading Institutional Change: Law Schools And Legal Education In A Time Of Crisis, Donald J. Polden
Leading Institutional Change: Law Schools And Legal Education In A Time Of Crisis, Donald J. Polden
Tennessee Law Review
No abstract provided.
Uncertainty And Reverse Payments, Ramsi A. Woodcock
Uncertainty And Reverse Payments, Ramsi A. Woodcock
Tennessee Law Review
The current approach to "reverse payment" settlements of drug patent litigation seeks to preclude only those settlements guaranteed to harm consumers, rather than all that could harm them. Antitrust tolerates the possibility of harm in order to give firms the freedom to make settlements that might benefit consumers, relative to what courts would achieve under patent law. Antitrust's mission is not, however, to improve upon outcomes under patent law, but rather to prevent harm to consumers. Accordingly, antitrust must minimize the possibility of harm, even if that precludes the chance of gain. I show that a ban on all settlements …
The Protection Of Conscience: On Aca, Rfra And Free Exercise Guarantees, Mark Strasser
The Protection Of Conscience: On Aca, Rfra And Free Exercise Guarantees, Mark Strasser
Tennessee Law Review
No abstract provided.
Unconstitutional Quartering, Governmental Immunity, And Van Halen's Brown M&M Test, Tom W. Bell
Unconstitutional Quartering, Governmental Immunity, And Van Halen's Brown M&M Test, Tom W. Bell
Tennessee Law Review
The jurisprudence of the Third Amendment, which limits the quartering of troops in private homes, effectively consists of just one case: Engblom v. Carey.' But what a case! In addition to showcasing an unjustly neglected corner of our constitutional heritage, Engblom demonstrates the troubling effects of a dubious legal doctrine: governmental immunity. Though the court of appeals had held New York officials potentially liable for violating the Third Amendment when they had quartered National Guard troops in the dormitory rooms of striking prison guards, the lower court on remand in Engblom denied the plaintiffs a remedy. Why? Because throughout the …
A Word On The Third: Three Approaches To The Third Amendment's Place In Constitutional Rhetoric, Gabriel Latner
A Word On The Third: Three Approaches To The Third Amendment's Place In Constitutional Rhetoric, Gabriel Latner
Tennessee Law Review
"War is not a courtesy but the most horrible thing in life; and we ought to understand that, and not play at war. We ought to accept this terrible necessity sternly and seriously."
"[The Constitutional Amendment prohibiting forced quartering except in times of] War, (ooh, yeah, good God y'all), what is it good for?"
- War & Peace by Leo Tolstoy and Edwin Starr
Are Houses Of Worship "House[S]" Under The Third Amendment?, Eric Rassbach
Are Houses Of Worship "House[S]" Under The Third Amendment?, Eric Rassbach
Tennessee Law Review
No abstract provided.
Identifying The Culprit In Wrongful Convictions, Valena Elizabeth Beety
Identifying The Culprit In Wrongful Convictions, Valena Elizabeth Beety
Tennessee Law Review
No abstract provided.
Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds
Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
The Marrying Kind, Zachary Herz
The Marrying Kind, Zachary Herz
Tennessee Law Review
We are living in a Constitutional moment. In the span of half a century, LGBT people have been cast out, tolerated, accepted, and finally celebrated: In time with that shift, same-sex marriage has gone from absurdity, to threat, to fundamental right. This Article queries the links between those two processes and their potential implications for constitutional anti-discrimination law more broadly.
Specifically, this Article considers two features of equal protection jurisprudence that have entered into strange, silent conflict: the discriminatory purpose doctrine established in Washington v. Davis and Personnel Administrator of Massachusetts v. Feeney, and the tendency of courts to treat …
Harper Lee's First Novel: A Review Of Go Set A Watchman (Harper Collins 2015), Judy M. Cornett
Harper Lee's First Novel: A Review Of Go Set A Watchman (Harper Collins 2015), Judy M. Cornett
Tennessee Law Review
No abstract provided.
On Free, Harmful, And Hateful Speech, Ronald Turner
On Free, Harmful, And Hateful Speech, Ronald Turner
Tennessee Law Review
Judicially recognized and relatively unobjectionable and uncontroversial exceptions to the coverage and protection of the First Amendment to the United States Constitution are grounded, in part, on affirmative answers to the question whether certain speech creates or could create actual or potential harms to, and result in negative consequences for, individuals and societal interests. This article, focusing on speech-related harm and, more specifically, the speech-related harms of hate speech, makes a descriptive claim and poses a normative question. The descriptive claim: Assessment of harm has long been a feature of the United States Supreme Court's free speech jurisprudence and decisions …
Judicial Doctrine As Risk Regulation, Brannon P. Denning, Michael B. Kent Jr.
Judicial Doctrine As Risk Regulation, Brannon P. Denning, Michael B. Kent Jr.
Tennessee Law Review
Much of the literature on risk regulation concerns "first-order" risks--e.g., those addressed by environmental law or workplace safety rules. But scholars recently have suggested that risk regulation can provide a helpful framework for thinking about "second-order," or political, risks arising from allocations of power and institutional design. Although a few commentators have utilized this perspective to suggest connections between risk regulation and particular areas of constitutional law, in this essay we take a broader view. Building on the existing literature, we argue that the selection of constitutional decision rules is a judicial effort to regulate the political risk that government …
Foreword: The Third Amendment In The 21st Century, Glenn Harlan Reynolds
Foreword: The Third Amendment In The 21st Century, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
The "War" Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley
The "War" Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley
Tennessee Law Review
No abstract provided.