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Articles 181 - 210 of 830
Full-Text Articles in Courts
The Unreviewable Executive? National Security And The Limits Of Plenary Power, Shawn E. Fields
The Unreviewable Executive? National Security And The Limits Of Plenary Power, Shawn E. Fields
Tennessee Law Review
No abstract provided.
The Case Against Prudential Standing: Examining The Courts' Use Of Prudential Standing Before And After Lexmark, Kylie Chiseul Kim
The Case Against Prudential Standing: Examining The Courts' Use Of Prudential Standing Before And After Lexmark, Kylie Chiseul Kim
Tennessee Law Review
Through Lujan and Lexmark, Justice Scalia constructed one of his greatest legacies: a sound and manageable definition of standing. However, a threat to this legacy, prudential standing, persists after his death. Lujan defines standing-in simplified terms-as injury, causation, and redressability. Lexmark undermines prudential standing, which exceeds Lujan's definition of standing and which encompasses the rule against assertion of a generalized grievance, assertion of an interest outside the zone of interests protected by the law invoked, and assertion of the right of a third party. Despite these cases, lower courts continue to use prudential standing, confusing standing's definition. Arguing for a …
America First: Improving A Recalcitrant Immigration And Refugee Policy, M. Akram Faizer
America First: Improving A Recalcitrant Immigration And Refugee Policy, M. Akram Faizer
Tennessee Law Review
This paper will discuss the need for developed and mature democracies, such as the United States, to take in substantially more refugees and economic migrants in view of the demand surge for international migration and the obvious humanitarian imperative. It will then argue that this will not happen under the current paradigm, whereby rich-world democracies that allow refugees and economic migrants to settle fail to take adequate measures to ensure safe repatriation and resettlement to migrants' countries of origin. This failure leads to unconsented permanent residency and subsequent naturalization that fuels a backlash by nativists and social conservatives, as evidenced …
Foreword: "The Savage Wars Of Peace", Editors Of The Tennessee Law Review
Foreword: "The Savage Wars Of Peace", Editors Of The Tennessee Law Review
Tennessee Law Review
No abstract provided.
On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants' Mental Illness And Disability, Sarah Gerwig-Moore
On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants' Mental Illness And Disability, Sarah Gerwig-Moore
Tennessee Law Review
No abstract provided.
Acting Gay, Acting Straight: Sexual Orientation Stereotyping, Luke A. Boso
Acting Gay, Acting Straight: Sexual Orientation Stereotyping, Luke A. Boso
Tennessee Law Review
What does it mean to discriminate because of sexual orientation? This legal question will increasingly arise as many states and municipalities enact laws that include sexual orientation as a protected trait. Without evidence of overt hostility towards or moral disapproval of gays as a group, plaintiffs may introduce evidence of sexual orientation stereotyping to make their case: i.e., evidence that an actor relied on group-based sexual orientation stereotypes in deciding to discriminate against an individual plaintiff. But how should courts determine whether the stereotyping relates to sexual orientation? It is important to answer this question for the litigants and judges …
Constitutional Law-Fourth Amendment-Police Dog Sniffs And "Completing The Mission", J. Scott White
Constitutional Law-Fourth Amendment-Police Dog Sniffs And "Completing The Mission", J. Scott White
Tennessee Law Review
No abstract provided.
Foreword - Leading The Future: Symposium On Professional Leadership Education, Douglas A. Blaze
Foreword - Leading The Future: Symposium On Professional Leadership Education, Douglas A. Blaze
Tennessee Law Review
No abstract provided.
Lessons In Leadership Development From A Business School Setting, Cheryl D. Barksdale, Lane Morris
Lessons In Leadership Development From A Business School Setting, Cheryl D. Barksdale, Lane Morris
Tennessee Law Review
No abstract provided.
I Am Because We Are, Robert A. Rider
Thirty Reflection Questions To Help Each Student Find Meaningful Employment And Develop An Integrated Professional Identity (Professional Formation), Neil Hamilton, Jerome M. Organ
Thirty Reflection Questions To Help Each Student Find Meaningful Employment And Develop An Integrated Professional Identity (Professional Formation), Neil Hamilton, Jerome M. Organ
Tennessee Law Review
No abstract provided.
Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Judy M. Cornett, T. Mitchell Panter, Matthew R. Lyon
Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Judy M. Cornett, T. Mitchell Panter, Matthew R. Lyon
Tennessee Law Review
No abstract provided.
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Tennessee Law Review
No abstract provided.
Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz
Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz
Tennessee Law Review
The concept of economic coercion-that a relationship or transaction can be economically exploited for the benefit of some over others-is elaborated at the intersection of economic theory and economic realities, moral and political understandings of freedom, jurisprudence and the lived application of the law to facts. As a category of criminal and civil wrong, it has been directly and indirectly adjudicated in a breathtaking array of contexts of private and public ordering. Theories of economic coercion are decisive in drawing the line between what constitutes labor market competition and forced labor, which federal programs constitutionally encourage state action and which …
Deviant To Dignified: From Campbell V Sundquist To Tanco V. Haslam The Progression Of Lgbt Rights & Marital Equality In Tennessee, Regina M. Lambert, Abby R. Rubenfeld
Deviant To Dignified: From Campbell V Sundquist To Tanco V. Haslam The Progression Of Lgbt Rights & Marital Equality In Tennessee, Regina M. Lambert, Abby R. Rubenfeld
Tennessee Law Review
No abstract provided.
"You Belong To Me": Unscrambling The Legal Ramifications Of Recognizing A Property Right In Frozen Human Eggs, Browne Lewis
"You Belong To Me": Unscrambling The Legal Ramifications Of Recognizing A Property Right In Frozen Human Eggs, Browne Lewis
Tennessee Law Review
No abstract provided.
Leadership Lessons, Deborah L. Rhode
Educating Lawyer-Leaders: The Mechanics And Artistry Of Case Study Teaching And Discussion Leadership, Garry W. Jenkins
Educating Lawyer-Leaders: The Mechanics And Artistry Of Case Study Teaching And Discussion Leadership, Garry W. Jenkins
Tennessee Law Review
No abstract provided.
Leading New Lawyers: Leadership And Legal Education, Michael J. Madison
Leading New Lawyers: Leadership And Legal Education, Michael J. Madison
Tennessee Law Review
Lawyers may become leaders, but leaders also may become lawyers. The path to leadership can begin in law school. This short essay describes a leadership development course developed and implemented at a law school over the last four years.
Developing Skills Of Leadership Through Service Learning: Alice's Adventures In Wonderland And A Path To Effective Leadership, R. Brad Morgan
Developing Skills Of Leadership Through Service Learning: Alice's Adventures In Wonderland And A Path To Effective Leadership, R. Brad Morgan
Tennessee Law Review
"What could a children's book have to say about leadership?" you may be thinking, "much less leadership in the legal profession?" Well, to that question I defer to one of the book's primary antagonists, the Duchess, and her simple, reassuring words: "'Tut, tut, child!' said the Duchess. 'Everything's got a moral, if only you can find it."'" And with that introduction, dear friends, I invite you to join me as we go down the rabbit hole ...
The New Diversity Crisis In The Federal Judiciary, Jason Iuliano, Avery Stewart
The New Diversity Crisis In The Federal Judiciary, Jason Iuliano, Avery Stewart
Tennessee Law Review
For much of its history, the federal judiciary was characterized by a complete lack of surface-level (i.e., demographic) diversity. Over the past fifty years, efforts to promote surface-level diversity have yielded significant gains and the modern judiciary now looks more like the citizenry it serves than it has at any other point in history. Although this particular diversity crisis has abated, a new one has taken shape.
Today, deep-level diversity is at an all-time low. This type of diversity denotes those attributes that are non-demographic in nature. It includes characteristics such as work experience, values, attitudes, and educational background. Given …
Distinctions With A Difference: Why Proper Rule 59(E) Motions Should Not Be Subject To "Second Or Successive" Habeas Analysis, Imad S. Matini
Distinctions With A Difference: Why Proper Rule 59(E) Motions Should Not Be Subject To "Second Or Successive" Habeas Analysis, Imad S. Matini
Tennessee Law Review
Motions to reconsider-filed under either Rule 59(e) or 60(b) of the Federal Rules of Civil Procedure--are often considered one in the same, whether due to imprudent labeling by a litigant or due to the belief that little distinction exists between the two. In the context of habeas corpus petitions filed by pro se prisoners, motions under Rule 59(e) and Rule 60(b) are often interchangeably filed. Within this context, however, the following issue persists: whether a motion filed under either rule is subject to the "second or successive" restriction under the Antiterrorism and Effective Death Penalty Act (AEDPA). The Supreme Court …
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 …