Courts Commons^™

A Little Child Shall Lead Them: Juvenile Justice, Aging Out, And The First Step Act, Jalila Jefferson-Bullock

Tennessee Law Review

"When I was a child, I spake as a child, I understood as a child, I thought as a child: but when I became a man, I put away childish things."

Adjusting Pre- And Post-Judgment Interest Rates For Consumer Debt Collection Actions, Christine Abely

Tennessee Law Review

This Article discusses how states can set fair, just, and equitable statutory pre- and post-judgment interest rates in the context of consumer debt collection litigation. Where states set pre- and post-judgment interest rates applicable to state civil actions, they generally choose one of the two following methods: (1) a fixed rate of interest, in some cases set decades ago and far exceeding the current market rate; or (2) a floating rate with a fixed percentage of interest added. Federal courts in civil actions with federal question jurisdiction apply a purely floating rate of interest tracking a market benchmark to calculate …

Illegal Exactions, Renee Burbank

Tennessee Law Review

Illegal exactions, or unlawful exactions, are an amorphous category of government activities with two unifying characteristics: (1) the government acts in its sovereign capacity but beyond its authority, and (2) its action enriches the government at a person's or organization's expense. The law of illegal exactions has developed through infrequent clusters of cases over 150 years, without substantial academic evaluation or discourse. The case law, thus, often lacks theoretical coherence. Lacking a single defining framework to use, courts have borrowed from torts, Fifth Amendment takings, and due process claims to define the scope of illegal exactions. Although it is an …

Information Age Technology, Industrial Age Laws, Elizabeth Winston

Tennessee Law Review

The United States patent system was born during the Industrial Age at a time where the focus was on promoting innovation in machines and tangible means of changing the world. With the dawn of the Information Age, innovation is increasingly intangible. The Industrial Age laws, as currently interpreted, are not well-suited for the changing and evolving technological world. Information Age innovators face challenges at the United States Patent and Trademark Office, through the judicial system and at the United States International Trade Commission. It is time for a change in the system to reflect the realities of modern technology. Adequate …

Righteous Indignation: Prosecutorial Misconduct, Brady, And The Cognitive Limits Of Self-Policing, Jonathan Harwell, Marshall Jensen, Sarah Heath Olesiuk, Sally B. Seraphin

Tennessee Law Review

No abstract provided.

The Origination Clause's Missing Piece, Chris Land

Tennessee Law Review

The Origination Clause is nearly constitutional surplusage today. The scope of the Clause has been limited by the U.S. Supreme Court to a very narrow class of revenue legislation that emerges from the U.S. House of Representatives.

This Article, for the first time, analyzes historical evidence that the U.S. Supreme Court has defined the constitutional scope of 'Bills for raising Revenue" and the concomitant reach of the Clause in a manner that fails to account for Revolutionary-era British revenue legislation. Four of the five bills passed by the British Parliament which contributed to the outbreak of the Revolutionary War, i.e., …

Table Of Cases

Tennessee Law Review

No abstract provided.

Coding For Cultural Competency: Expanding Access To Justice With Technology, Sherley E. Cruz

Tennessee Law Review

Innovations in legal technology are revolutionizing access to justice for individuals who previously had little or no ability to obtain legal assistance. This Article explores how the lack of culturally competent designs within legal technology negatively impacts diverse communities, thereby hindering the ability to expand access to justice. An examination of the underlying theories of access to justice and cultural competency illustrates why it is necessary for legal professionals and technology designers to incorporate culturally competent designs when developing legal technology. In light of ongoing changes in United States' demographics, and the heightened need to provide access to justice given …

Progress Is A Chameleon, Melanie D. Wilson

Tennessee Law Review

No abstract provided.

Enhancing The Value Of Shareholder Voting Recommendations, Bernard S. Shafman

Tennessee Law Review

Investment advisers to mutual funds, exchange-traded funds, and separately managed accounts are typically delegated the authority to vote their clients' securities. When this delegation occurs, these investment advisers have a fiduciary duty to vote their proxies, typically the voting rights associated with a company's common stock, in the best interest of their clients. This duty creates the following corporate governance issue: How can these investment advisers become informed voters without requiring them to read massive amounts of information on the hundreds or thousands of companies they have invested in for the thousands, tens of thousands, or even hundreds of thousands …

Editorial Board

Tennessee Law Review

No abstract provided.

Should We Flip On Flippers: A Rational Approach To Providing Penalty Reductions To Criminal Informers, Mirko Bagaric, Lidia Xynas, Daniel Mccord

Tennessee Law Review

No abstract provided.

Regulation Of Encapsulated Placenta, Greer Donley

Tennessee Law Review

The practice of placenta encapsulation is rapidly growing. It typically involves post-partum mothers consuming their placentas as pills in the months after childbirth. The perceived benefits include improved mood and energy, reduced bleeding and pain, and greater milk supply. But these effects are unproven, and consumption comes with health risks. The rise of this trend has sparked a vigorous debate in the recent medical literature, but this Article is the first to consider the legal implications of placenta encapsulation. This Article examines whether FDA should regulate encapsulated placenta, and if so, whether it should be regulated as a drug, supplement, …

Gonzaga's Ghosts, Amanda B. Hurst

Tennessee Law Review

Pursuant to its sweeping Spending Power, Congress will spend several hundreds of billions of dollars funding federal-state spending programs this year, which states must utilize in accordance with Congress's specifications-not unlike a "contract" according to the Supreme Court. But what if a state does not toe the line Congress drew, i.e. the State "breaches" its promise? The Supreme Court opened a door in Maine v. Thiboutot, the genesis of the personal rights doctrine, to allow beneficiaries to use 42 U.S.C. § 1983 to challenge state officials' violation of spending legislation. But almost from the doctrine's inception, the Court has stressed …

Contents

Tennessee Law Review

No abstract provided.

Standing On The Shoulders Of Giants, Paula Schaefer

Tennessee Law Review

No abstract provided.

Fundraising: Bridging Title Ix Athletics Compliance Of The Equal Treatment Requirement And The Advancement Of Women Administrators In Intercollegiate Athletics, Dana Drew Shaw

Tennessee Law Review

No abstract provided.

Cotten V Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long

Tennessee Law Review

No abstract provided.

Big Data Is Not Big Oil: The Role Of Analogy In The Law Of New Technologies, Lauren Henry Scholz

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

A Rule 11 For Prosecutors, Yuri R. Linetsky

Tennessee Law Review

This Article suggests a novel approach to allow victims of frivolous prosecutions to hold prosecutors accountable. Unique among American lawyers, prosecutors enjoy absolute immunity from civil suits alleging professional misconduct. In cases of frivolous prosecutions, where charges are dismissed by the judge or the defendants are acquitted, the former defendants are prevented from seeking damages. This is so despite former defendants often suffering significant consequences-from legal fees to loss of employment. Victims of frivolous prosecutions should be afforded a mechanism to seek redress against prosecutors who bring or maintain meritless actions.

By enacting a rule of criminal procedure that mirrors …

Uberizing Discrimination: Equal Employment And Gig Workers, Minna J. Kotkin

Tennessee Law Review

What does the growth of online gig work mean for the future of employment discrimination law? While customers may not care about the sex and race of their Uber driver, elements of explicit and implicit bias can be expected when it comes to personal, home-based services like TaskRabbit or Care.com, or professional business services such as Catalant. In fact, the ubiquity of photographs and other personal data on these apps facilitates discrimination, as some empirical data suggests. Since predictions indicate that gig workers may soon account for 40% of the workforce, the goals of our employment discrimination laws-ensuring equal access …

A Shift In The Preemption Landscape, Douglas G. Smith

Tennessee Law Review

No abstract provided.

Represent, Teri Dobbins Baxter

Tennessee Law Review

No abstract provided.

Reflections On Being A Small Part Of The Year Of The Woman, Jamie Ballinger

Tennessee Law Review

No abstract provided.

Are Literary Agents (Really) Fiduciaries?, Jacqueline B. Lipton

Tennessee Law Review

2018 was a big year for "bad agents" in the publishing world. In July, children's literature agent Danielle Smith was exposed for lying to her clients about submissions and publication offers. In December, major literary agency Donadio & Olson, which represented a number of bestselling authors, including Chuck Palahniuk (Fight Club), filed for bankruptcy in the wake of an accounting scandal involving their bookkeeper, Darin Webb. Webb had embezzled over $3 million of client funds. Around the same time, Australian literary agent Selwa Anthony lost a battle in the New South Wales Supreme Court involving royalties she owed to her …

Wannacry, Ransomware, And The Emerging Threat To Corporations, Lawrence J. Trautman, Peter C. Ormerod

Tennessee Law Review

The WannaCry ransomware attack began on May 12, 2017, and is unprecedented in scale-quickly impacting nearly a quarter-million computers in over 150 countries. The WannaCry virus exploits a vulnerability to Microsoft Windows that was originally developed by the U.S. National Security Agency and operates by encrypting a victim's data and demanding payment of a ransom in exchange for data recovery. Security experts have indicated that a North Korea linked group of hackers-who have also been implicated in cyberattacks against Sony Pictures in 2014, the Bangladeshi Central Bank in 2016, and Polish banks in February 2017-is behind the attack.

Ransomware threatens …

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

Tennessee Law Review

No abstract provided.

Table Of Cases

Tennessee Law Review

No abstract provided.