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Tennessee Law Review

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Tennessee Law Review

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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

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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

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Contents

Tennessee Law Review

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Subject Index

Tennessee Law Review

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Author Index

Tennessee Law Review

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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

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"Assault Weapon" Lethality, E. Gregory Wallace

Tennessee Law Review

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Simple Audits For Simple Tax Partnerships, Andrew L. Lawson

Tennessee Law Review

New rules targeting sophisticated tax partnerships unnecessarily burden small, unsophisticated taxpayers. This is a familiar narrative in partnership tax. This time, the story takes place in the rules that prescribe the process by which the IRS audits and collects tax from partnerships and partners. Designed to limit abuse, the rules are highly complex and needlessly saddle small, simple businesses with increased compliance costs and potentially excessive tax liability. Ironically, at the same time, the rules leave loopholes for sophisticated organizations able to exploit them. This Article explains these disparate consequences and suggests solutions to both limit the loopholes for large …

Contents

Tennessee Law Review

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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

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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

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Good Of My Patient: Who Gets To Decide?, Lauren Ruvo

Tennessee Journal of Race, Gender, & Social Justice

Physicians play a crucial role in helping patients make life or death decisions. However, all healthcare professionals have personal beliefs and biases that influence these decisions. This paper explores how physicians are able to uphold the Hippocratic ideal of doing what is in the best interest of the patient while taking into account their personal beliefs and biases. The paper begins by analyzing existing schools of thought around how to do what is best for the patient. While there are many different views, this paper looks at the main three: the bioethical movement, the paternalistic approach to medicine, and the …

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

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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

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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

No abstract provided.