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Articles 241 - 270 of 822
Full-Text Articles in Legal Profession
Constitutional Law-Equal Protection Clause-Using The Ballot Box To Overturn Affirmative Action In University Admissions, Russ Swafford
Constitutional Law-Equal Protection Clause-Using The Ballot Box To Overturn Affirmative Action In University Admissions, Russ Swafford
Tennessee Law Review
No abstract provided.
A Theory Of Shareholder Activism And Its Place In Corporate Law, Bernard S. Sharfman
A Theory Of Shareholder Activism And Its Place In Corporate Law, Bernard S. Sharfman
Tennessee Law Review
Offensive shareholder activism (more commonly known as hedge fund activism) can be understood as a corrective mechanism in the governance of a public company. The legitimacy of offensive shareholder activism as a corrective mechanism is based on numerous empirical studies that have found this type of activism to be both wealth enhancing for shareholders and performance enhancing for the target companies. A non-empirical argument can also be made in support of offensive shareholder activism that focuses on the ability of the board of directors to act as an impartial arbitrator deciding between the advices provided by executive management and the …
Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review, Callie Jennings
Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review, Callie Jennings
Tennessee Law Review
No abstract provided.
Tranquility & Mosaics In The Fourth Amendment: How Our Collective Interest In Constitutional Tranquility Renders Data Dragnets Like The Nsa's Telephony Metadata Program A Search, Michael Gentithes
Tennessee Law Review
No abstract provided.
The Patented Design, Sarah Burstein
The Patented Design, Sarah Burstein
Tennessee Law Review
The design patent system is over 170 years old; however, the law of design patents is woefully underdeveloped and undertheorized. One particularly important open question has to do with the very nature of the protected subject matter-what, exactly, is "the patented design'? Accordingly, it is not clear whether the use of a claimed shape on a different type of product or a visual representation of a patentee's commercial embodiment constitutes infringement. This Article argues that neither use should be deemed to be infringing because the patented design should be conceptualized as the design as applied to a specific type of …
End The Popularity Contest: A Proposal For Second Amendment "Type Of Weapon" Analysis, Cody J. Jacobs
End The Popularity Contest: A Proposal For Second Amendment "Type Of Weapon" Analysis, Cody J. Jacobs
Tennessee Law Review
The Supreme Court's recognition in District of Columbia v. Heller of an individual Second Amendment right to bear arms for self defense raised many questions about the scope of that right. One issue that will become increasingly important in the years ahead, but that has received relatively little attention from scholars and courts, is the question of which "arms" are protected by that right. Heller purports to establish a test that asks whether the weapon at issue is in "common use" at the time the case is decided. This Article critiques that test, arguing that it creates poor incentives, is …
Are The Rights Guaranteed By The Third Amendment Sufficiently Deep Rooted And Fundamental To Be Incorporated Into The Fourteenth?, E. Duncan Getchell Jr., Matthew D. Fender, Michael H. Brady
Are The Rights Guaranteed By The Third Amendment Sufficiently Deep Rooted And Fundamental To Be Incorporated Into The Fourteenth?, E. Duncan Getchell Jr., Matthew D. Fender, Michael H. Brady
Tennessee Law Review
No abstract provided.
Federal Civil Procedure-Personal Jurisdiction-General Jurisdiction Over Foreign Corporations Based Upon Domestic Subsidiary Activity Within The Forum State, Katherine Smalley
Federal Civil Procedure-Personal Jurisdiction-General Jurisdiction Over Foreign Corporations Based Upon Domestic Subsidiary Activity Within The Forum State, Katherine Smalley
Tennessee Law Review
No abstract provided.
The Third Amendment's Consent Clause: A Conceptual Framework For Analysis And Application, Mark A. Fulks, Ronald S. Range Iii
The Third Amendment's Consent Clause: A Conceptual Framework For Analysis And Application, Mark A. Fulks, Ronald S. Range Iii
Tennessee Law Review
No abstract provided.
Wartime Quartering With And Without Legislative Authorization, William Gill
Wartime Quartering With And Without Legislative Authorization, William Gill
Tennessee Law Review
No abstract provided.
Addressing Racial Disparities In Preschool Suspension And Expulsion Rates, Amy B. Cyphert
Addressing Racial Disparities In Preschool Suspension And Expulsion Rates, Amy B. Cyphert
Tennessee Law Review
In 2014, the Department of Education's Office for Civil Rights published data for the first time that tracked preschool suspension and expulsion rates. The data was startling: not only were preschoolers being suspended and expelled, something that surprised many readers on its own, they were being suspended and expelled in racially disproportionate numbers, with African-American boys bearing the brunt of the discipline. Politicians, researchers and advocates quickly spoke out, noting that these numbers confirmed that the school to prison pipeline really starts in preschool, and calling for reform.
In this Article, I explore some of the policies and practices that …
Clapper V. Amnesty International: Two Or Three Competing Philosophies Of Standing Law?, Bradford C. Mank
Clapper V. Amnesty International: Two Or Three Competing Philosophies Of Standing Law?, Bradford C. Mank
Tennessee Law Review
In its 2013 decision Clapper v. Amnesty International, the United States Supreme Court invoked separation-of-powers principles by holding that public interest groups alleging that the Government was spying on their foreign clients failed to demonstrate Article III standing because they could not prove that the future surveillance injury that they purportedly feared was "certainly impending." Justice Breyer's dissenting opinion argued that "commonsense" suggested that the Government was spying on the plaintiffs' foreign clients and proposed a "reasonable" or "high" probability standing test. Implicitly, the Clapper decision also presented a third approach to standing decisions. In footnote 5 of the opinion, …
A Primer On Professionalism For Doctrinal Professors, Paula Schaefer
A Primer On Professionalism For Doctrinal Professors, Paula Schaefer
Tennessee Law Review
No abstract provided.
Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions, Alice Marie Beard
Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions, Alice Marie Beard
Tennessee Law Review
No abstract provided.
Buying The American Dream: Using Immigration Law To Bolster The Housing Market, Kit Johnson
Buying The American Dream: Using Immigration Law To Bolster The Housing Market, Kit Johnson
Tennessee Law Review
Escaping notice in debate about immigration reform is a proposal that would give residency visas to foreign nationals on the condition that they buy an expensive home. Proponents see visas as a simple way to shore up the U.S. housing market. Yet complications abound. This Article scrutinizes the history, logic, economics, and morals of the proposed homebuyer visa, as well as its intersection with state laws that restrict foreign ownership of land.
The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky
The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky
Tennessee Law Review
No abstract provided.
Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise, Mark A. Fulks, Ronald S. Range Iii
Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise, Mark A. Fulks, Ronald S. Range Iii
Tennessee Law Review
The United States Supreme Court's decision in United States v. Windsor was perhaps the most anticipated decision of the October 2012 Term. By invalidating the Defense of Marriage Act (DOMA), the Court settled one hotly debated issue. But the Court's rationale gives rise to a litany of questions. Under the rubric of the Fifth Amendment, the Court invalidated a federal statute that denied certain citizens the right to liberty, which was rooted in the state's definition of marriage, and the equal dignity the state sought to protect. In doing so, the Court announced a new test to determine where supreme …
Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief, Jacob Spangler
Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief, Jacob Spangler
Tennessee Law Review
No abstract provided.
Second Amendment Realism, David Wolitz
The 1st Amendment, 2nd Amendment, And 3d Printed Guns, Josh Blackman
The 1st Amendment, 2nd Amendment, And 3d Printed Guns, Josh Blackman
Tennessee Law Review
We are standing at the dawn of the next great industrial revolution. With 3D printers people can print an infinite number of personalized and customized "things." However, one manifestation of this bold new technology threatens to cast a specter on innovation: 3D printed guns. This Article explores how efforts to regulate, or even ban 3D guns, must satisfy constitutional scrutiny under both the First and Second Amendments.
The Second Amendment right to keep and bear arms includes a subsidiary right to acquire arms-what else are you going to keep and bear-which covers both the buyer, and seller in the transaction. …
Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning
Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning
Tennessee Law Review
No abstract provided.
The Empire Strikes Back: The District Of Columbia's Post-Heller Firearm Registration System, Stephen P. Halbrook
The Empire Strikes Back: The District Of Columbia's Post-Heller Firearm Registration System, Stephen P. Halbrook
Tennessee Law Review
No abstract provided.
The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael P. O'Shea
The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael P. O'Shea
Tennessee Law Review
No abstract provided.