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Editorial Board

Tennessee Law Review

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

Tennessee Law Review

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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

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Standing On The Shoulders Of Giants, Paula Schaefer

Tennessee Law Review

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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

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

Tennessee Law Review

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

Tennessee Law Review

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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

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Represent, Teri Dobbins Baxter

Tennessee Law Review

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

Tennessee Law Review

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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

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

Tennessee Law Review

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Table Of Cases

Tennessee Law Review

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

Tennessee Law Review

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Author Index

Tennessee Law Review

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Contents

Tennessee Law Review

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Contents

Tennessee Law Review

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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

Tennessee Law Review

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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

Tennessee Law Review

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Subject Index

Tennessee Law Review

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Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter

Touro Law Review

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