Courts Commons^™

Avoiding The Great Divide: Assuring Court Technology Lightens The Load Of Low-Income Litigants Post-Covid-19, Katherine L.W. Norton

Tennessee Law Review

No abstract provided.

In Defense Of A Liberal Choice-Based Approach To Residential Segregation, W.C. Bunting

Tennessee Law Review

This Article argues that not all forms of residential segregation are alike. Certain patterns of residential segregation can be distinguished along two key dimensions: (1) voluntariness; and (2) net social impact. Voluntary residential segregation is largely incompatible with outcome-based policies designed to promote residential integration. This Article claims that the existence of voluntary spatial clustering implies that the government must adopt an ex ante choice-based approach to residential integration that seeks to protect and enable freedom of choice in housing rather than an ex post outcome-based approach that seeks to implement and maintain specific patterns of residential segregation. The central …

A National Court For National Relief: Centralizing Requests For Nationwide Injunctions In The D.C. Circuit, Ryan Kirk

Tennessee Law Review

No abstract provided.

The Economic And Efficiency Benefits Of Expanding The § 25d Investment Tax Credit, Kelsey Morgan

Tennessee Law Review

No abstract provided.

Property Rights And Involuntary Contracting, Taorui Guan

Tennessee Law Review

No abstract provided.

Redesigning Restorative Justice For Criminal Justice Reform, Matthew D. Kim

Tennessee Law Review

Considering the racial disparities in the criminal justice system and the pressing need for reform, this article presents the optimal design for restorative justice that is capable of drawing the necessary public support to transform the criminal justice system. Restorative justice is a growing alternative to the criminal justice system designed to allow offenders, victims, and members of the community resolve crimes without resorting to the criminal justice system. Public support for restorative justice programs is vital to their success, and many programs fail because of inconsistent public support. As such, proponents of restorative justice emphasize the need to "start …

Reconciling Legal And Technical Approaches To Algorithmic Bias, Alice Xiang

Tennessee Law Review

In recent years, there has been a proliferation of papers in the algorithmic fairness literature proposing various technical definitions of algorithmic bias and methods to mitigate bias. Whether these algorithmic bias mitigation methods would be permissible from a legal perspective is a complex but increasingly pressing question at a time when there are growing concerns about the potential for algorithmic decision-making to exacerbate societal inequities. In particular, there is a tension around the use of protected class variables: most algorithmic bias mitigation techniques utilize these variables or proxies, but anti-discrimination doctrine has a strong preference for decisions that are blind …

Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz

Tennessee Law Review

No abstract provided.

A Reexamination Of The Parens Patriae Power, Esther K. Hong

Tennessee Law Review

Juvenile law scholars are coalescing around the idea that the originating theory of the juvenile system-the theory of the state's parens patriae power-is a largely obsolete relic of the past. This theory holds that when children commit offenses or crimes, the state as a super-parent should respond in a manner that cares, treats, and advances the best interest of the youth. Rather than live up to its ideals, however, these benevolent aims often masked abuse and limited minors' constitutional rights. The new consensus in current juvenile law scholarship is that juvenile law policy and advocacy ought to rely on a …

Joking, Exaggerating Or Contracting?, William A. Drennan

Tennessee Law Review

We love the funny, and that's no exaggeration. In a joke, a duck is the funniest animal, you'll get more laughs in a red room than a blue room, 103 characters is the optimal length for a joke, and we know all this statistically because scholarly researchers often study humor. Litigators, courts, and commentators also focus on the funny when deciding whether promissory language created a binding contract. They frequently debate and decide enforceability based on whether a party was joking.

This Article asserts, for the first time, that in many of these cases the focus should be on whether …

The New Due Process: Fairness In A Fee-Driven State, Glenn H. Reynolds, Penny J. White

Tennessee Law Review

No abstract provided.

The Simultaneity Puzzle: Lawyers Working At Multiple Law Firms, Paul R. Tremblay

Tennessee Law Review

No abstract provided.

Annual Index Volume 88

Tennessee Law Review

No abstract provided.

Covid's Constitutional Conundrum: Assessing Individual Rights In Public Health Emergencies, James G. Hodge Jr., Jennifer L. Piatt, Emily Carey, Hanna N. Reinke

Tennessee Law Review

Considerable legal challenges alleging infringements of constitutional rights have arisen against governments imposing social distancing or other restrictive measures to quell the COVID-19 pandemic. Courts assess these claims largely under two approaches. Consistent with constitutional re-balancing, judges weigh the application of rights against governments' compelling interests to protect public health and safety in emergencies. Alternatively, a minority of courts temporarily set aside existing rights to effectuate emergency responses. Both approaches insufficiently account for the flexible nature of rights and freedoms in exigencies pursuant to the Constitution's cohesive design. In public health emergencies, courts should engage in guided assessments focused on …

Rethinking Libel For The Twenty-First Century, Glenn Harlan Reynolds

Tennessee Law Review

No abstract provided.

Alternative Venture Capital: The New Unicorn Investors, Anat Alon-Beck

Tennessee Law Review

The U.S. Securities and Exchange Commission has promulgated new rules designed to harmonize and improve the "patchwork" exempt offering framework, protect investors and facilitate capital formation. Additionally, the U.S. Department of Labor announced that the fiduciary responsibility provisions of the Employee Retirement Income Security Act of 1974 do not prohibit fiduciaries of 401(k) and other individual account plans from investing in, and undertaking exposure to, private equity investments. These policies address the concern that retail investors are missing out on investment opportunities, due to fewer listed firms and initial public offerings, the greater role of the private market in raising …

Editorial Board

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

The Gen Z Juror, Leslie Y. Garfield Tenzer

Tennessee Law Review

The Magna Carta drafters did not contemplate Facebook, Twitter, or texting when they formalized the jury system, a system that remains mostly unchanged 800 years after its inception. Those primed for jury duty over the coming decades have grown up with a cell phone in their hand and news at their fingertips. It is unreasonable to expect Gen Zers to meet the "radio-silence" mandate of jury duty. As smartphones become the de facto method of communication, courts, legislatures, and scholars offer prohibitions, admonitions, and increased punishment to curtail juror misconduct. These reforms, however, do little to prevent the kind of …

Contents

Tennessee Law Review

No abstract provided.

The Contested Edges Of Internal Affairs, Mohsen Manesh

Tennessee Law Review

Because of the internal affairs doctrine, the tiny state of Delaware plays a unique and outsized role as the nation's preeminent regulator of corporate governance. But two recent developments have raised new questions about the precise scope of the doctrine and, consequently, Delaware's lucrative regulatory domain. Specifically, in a four-month span in late 2018, (i) California enacted the nation's first law mandating board gender diversity for all public corporations headquartered in California, and (ii) the Delaware Court of Chancery in Sciabacucchi v. Salzberg invalidated a corporate charter provision purporting to regulate shareholder rights arising under federal securities law.

These two …

Reframing Taxigration, Jacqueline Lainez Flanagan

Tennessee Law Review

Tax compliance by undocumented immigrant workers could and should be the architectural centerpiece of immigration reform. Analyzing this premise using broad economic frameworks and examining corresponding mechanisms in U.S. tax and immigration systems, this article seeks to reframe "taxigration" to signify tax filing as a threshold condition to legalization.

"Taxigration" was originally coined by immigration practitioners to signal the intersection between immigration and tax law, most often when individuals in the midst of legalization proceedings file tax returns to supplement their immigration petitions. Conversely, unauthorized workers with no viable path toward legalization must adhere to a tax filing mandate, facilitated …

The Future Of Roe V. Wade: Do Abortion Rights End When A Human's Life Begins?, Steven Andrew Jacobs

Tennessee Law Review

While legal scholars and Supreme Court Justices on both sides of the national abortion controversy argue that Roe v. Wade was incorrectly decided, this Article accepts the Court's decision as a provisional holding that was based on the relevant societal, scientific, and legal records available to the Court in 1973. However, the stare decisis analysis outlined by the Court in Planned Parenthood v. Casey dictates that precedent can be overturned when a change in relevant facts robs a ruling of its original justification. If the Court agrees to hear a challenge to Roe, it will likely assess whether the relevant …

End Of The Line For General Territorial Jurisdiction, Michael H. Hoffheimer

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Subject Index

Tennessee Law Review

No abstract provided.

Author Index

Tennessee Law Review

No abstract provided.

Availability's Law, Ido Kilovaty

Tennessee Law Review

Cybersecurity incidents affecting the availability of computers, networks, and data are on the rise. Distributed denial-of-service and ransomware attacks can bring down critical systems and databases, making them unavailable when most needed, potentially affecting every individual, industry, sector, and branch of government. This Article critically evaluates cybersecurity law's gap in addressing the growing threat of availability attacks to information technology systems. While cybersecurity law is defined as the legal framework that "promotes the confidentiality, integrity, and availability of public and private information, systems, and networks ... ." this Article argues that cybersecurity law is overwhelmingly concerned with confidentiality and integrity, …

Fixed Intentions: Wills, Living Wills, And End-Of-Life Decision-Making, Jane B. Baron

Tennessee Law Review

Contemporary trusts and estates law is built on the premise that individuals can and should have fixed intentions with respect to the disposition of their property at death. These intentions can and should be fixed in a written document, and that document can and should be fixed against other outside evidence of intention. Experience with end-of-life health care decision-making gives reason to question these premises. In the health care context, intentions have proven to be fluid, and the documents purporting to record individuals' wishes have often proved unreliable.

This Article examines the implications for wills of the literature on end-of-life …

Ethics And Evidence Too Hot To Handle, Douglas R. Richmond

Tennessee Law Review

No abstract provided.