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Full-Text Articles in Courts

Leadership Lessons, Deborah L. Rhode Jan 2016

Leadership Lessons, Deborah L. Rhode

Tennessee Law Review

No abstract provided.


Educating Lawyer-Leaders: The Mechanics And Artistry Of Case Study Teaching And Discussion Leadership, Garry W. Jenkins Jan 2016

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 Jan 2016

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 Jan 2016

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 ...


Contents Jan 2016

Contents

Tennessee Law Review

No abstract provided.


Editorial Board Jan 2016

Editorial Board

Tennessee Law Review

No abstract provided.


The New Diversity Crisis In The Federal Judiciary, Jason Iuliano, Avery Stewart Jan 2016

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 …


Riding Circuit: Bringing The Law To Those Who Need It, Susan D. Zago Jan 2016

Riding Circuit: Bringing The Law To Those Who Need It, Susan D. Zago

Florida A & M University Law Review

In this article, I will first look at how various state Access to Justice Commissions in the United States are addressing self-represented litigants' ability to access and navigate the civil court system. I review various projects that attempt to make legal forms and processes more understandable to the public. I also discuss the role of law librarians, and how they bring a working understanding of the problems and missteps that self-represented litigants face first-hand. I argue for better inclusion of these information professionals in state commissions and in various outreach programs to improve the quality of the legal information provided …


Distinctions With A Difference: Why Proper Rule 59(E) Motions Should Not Be Subject To "Second Or Successive" Habeas Analysis, Imad S. Matini Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 …


Contents Jan 2016

Contents

Tennessee Law Review

No abstract provided.


The Ascertainability Landscape And The Modern Affidavit, Jordan Elias Jan 2016

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 Jan 2016

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.


Contents Jan 2016

Contents

Tennessee Law Review

No abstract provided.


Accommodating "Religion", Aaron R. Petty Jan 2016

Accommodating "Religion", Aaron R. Petty

Tennessee Law Review

No abstract provided.


Obergefell And The "New" Reproduction, Courtney Megan Cahill Jan 2016

Obergefell And The "New" Reproduction, Courtney Megan Cahill

Scholarly Publications

No abstract provided.


Training Leaders The Very Best Way We Can, George T. "Buck" Lewis, Douglas A. Blaze Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie Jan 2016

The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie

Faculty Publications

In little more than a decade, the International Criminal Court (ICC) has received nearly 11,000 requests for its Prosecutor to conduct atrocity investigations around the globe. To date, no such communication has resulted in an official investigation. Nevertheless, the act of publicizing these investigation requests has proven to be an effective, attention-getting tool that can achieve valuable, alternative goals. This fact explains the increasing popularity of “strategic communications” — highly publicized investigation requests aimed not at securing any ICC-related activity, but at obtaining some non-Court related advantage. This Article, which is the first to identify this trend, explains why the …


Judicial Challenges To The Collateral Impact Of Criminal Convictions: Is True Change In The Offing?, Nora V. Demleitner Jan 2016

Judicial Challenges To The Collateral Impact Of Criminal Convictions: Is True Change In The Offing?, Nora V. Demleitner

Scholarly Articles

Judicial opposition to disproportionate sentences and the long-term impact of criminal records is growing, at least in the Eastern District of New York. With the proliferation and harshness of collateral consequences and the hurdles in overcoming a criminal record, judges have asked for greater proportionality and improved chances for past offenders to get a fresh start. The combined impact of punitiveness and a criminal record is not only debilitating to the individual but also to their families and communities. A criminal case against a non-citizen who will be subject to deportation and a decade-long ban on reentry and three different …


Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma Jan 2016

Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma

UIC John Marshall Journal of Information Technology & Privacy Law

The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …


Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney Jan 2016

Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney

Journal of Law and Policy

Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …


Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck Jan 2016

Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck

Criminal Law Practitioner

No abstract provided.


The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, 49 J. Marshall L. Rev. 925 (2016), Angela Mae Kupenda Jan 2016

The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, 49 J. Marshall L. Rev. 925 (2016), Angela Mae Kupenda

UIC Law Review

No abstract provided.