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Articles 271 - 300 of 822
Full-Text Articles in Legal Profession
Constitutional Trespass, Laurent Sacharoff
Constitutional Trespass, Laurent Sacharoff
Tennessee Law Review
The Supreme Court has recently created a trespass test for Fourth Amendment searches without explaining what type of trespass it envisions-one based on the common law of 1791, on the specific trespass law of the state where the search occurred, or on some other trespass principles. Indeed Florida v. Jardines, decided in 2013, raises the question whether the Court has created a trespass test at all, a seeming turnabout that largely recapitulates the Court's 125- year history of confusion in which it has embraced, rejected, or simply ignored trespass as a test from era to era or even year to …
Rethinking Presumed Knowledge Of The Law In The Regulatory Age, Michael Cottone
Rethinking Presumed Knowledge Of The Law In The Regulatory Age, Michael Cottone
Tennessee Law Review
"But the guilty person is only one of the targets of punishment. For punishment is directed above all at others, at all the potentially guilty."
The First Amendment Guide To The Second Amendment, David B. Kopel
The First Amendment Guide To The Second Amendment, David B. Kopel
Tennessee Law Review
No abstract provided.
Criminal Procedure-Juror Misconduct And Bias-Assessing The Prejudicial Effect Of Extra-Judicial Communications By Jurors In A Technologically Advanced Society, Racquel Martin
Tennessee Law Review
No abstract provided.
Anti-Justice, Melanie D. Wilson
Anti-Justice, Melanie D. Wilson
Tennessee Law Review
This Article contends that, despite their unique, ethical duty to "seek justice," prosecutors regularly fail to fulfill this ethical norm when removed from the traditional, adversarial courtroom setting. Examples abound. For instance, in 2013, Edward Snowden leaked classified information revealing a government-operated surveillance program known as PRISM. That program allows the federal government to collect metadata from phone companies and email accounts and to monitor phone conversations. Until recently, prosecutors relied on some of this covertly acquired intelligence to build criminal cases against American citizens without informing the accused. In failing to notify defendants, prosecutors violated the explicit statutory directives …
Uncommon Firearms As Obscenity, Jordan E. Pratt
Uncommon Firearms As Obscenity, Jordan E. Pratt
Tennessee Law Review
No abstract provided.
Foreword: The Second Amendment As Ordinary Constitutional Law, Glenn Harlan Reynolds
Foreword: The Second Amendment As Ordinary Constitutional Law, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
Constitutional Law-The First Amendment Retaliation Doctrine-A Public Employee's Rights Regarding Perceived Political Association Retaliation, Kaitlyn Poirier
Constitutional Law-The First Amendment Retaliation Doctrine-A Public Employee's Rights Regarding Perceived Political Association Retaliation, Kaitlyn Poirier
Tennessee Law Review
No abstract provided.
The New Ada Backlash, Nicole Buonocore Porter
The New Ada Backlash, Nicole Buonocore Porter
Tennessee Law Review
No abstract provided.
Educating Athletes Re-Envisioning The Student-Athlete Model, William W. Berry Iii
Educating Athletes Re-Envisioning The Student-Athlete Model, William W. Berry Iii
Tennessee Law Review
This article contends that if the NCAA and universities are serious about saving the current student-athlete model, then they should double-down on the concept of "student" in the student-athlete model. In particular, this paper suggests that adopting a more realistic approach to educating athletes will benefit both the universities and student-athletes, relieving pressure on the current model and improving educational outcomes.
Specifically, this article argues for a revised student-athlete model. First, the new model would require mandatory six-year scholarships for student-athletes and a reduction in the required academic hours "in-season" from nine to three. The model also mandates that students …
Constitutional Law-Personal Jurisdiction-A State's Ability To Exercise Jurisdiction Over A Foreign Manufacturer, Karissa Hazzard
Constitutional Law-Personal Jurisdiction-A State's Ability To Exercise Jurisdiction Over A Foreign Manufacturer, Karissa Hazzard
Tennessee Law Review
No abstract provided.
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon
Tennessee Law Review
What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial-even jurors who consciously want to reach a fair and accurate verdict-are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand the law …
Constitutional Law-Suffrage And The State's Interest In Preventing Fraud-The Constitutionality Of Tennessee's Photo Identification Requirement Under Strict Scrutiny, Garett Franklyn
Tennessee Law Review
No abstract provided.
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Tennessee Law Review
Me and you and you and me
No matter how they toss the dice It has to be
The only one for me is you, And you for me
So happy together
-The Turtles, Happy Together (written by Alan Gordon Garry Bonner)
Intellectual Property Law - Copyright Law - Applicability Of "First Sale" Doctrine To Copies Of Copyrighted Works Lawfully Produced Abroad, Mitchell Ashkenaz
Intellectual Property Law - Copyright Law - Applicability Of "First Sale" Doctrine To Copies Of Copyrighted Works Lawfully Produced Abroad, Mitchell Ashkenaz
Tennessee Law Review
No abstract provided.
Complexity In Property, Meredith M. Render
Complexity In Property, Meredith M. Render
Tennessee Law Review
This Article illuminates the largely misunderstood relationship between complexity and the regulation of property interests. Specifically, the Article presents the "complexity thesis" -a novel explanatory account of the principle of numerus clausus. The principle of numerus clausus is an ancient common law rule that prohibits the customization of property interests. The complexity thesis holds that the primary function of numerus clausus is to prevent the proliferation of highly idiosyncratic property interests. In so doing, numerus clausus provides a bulkhead against the overwhelming complexity that would ensue if customized property interests were permitted.
For the last fifteen years, numerus clausus has …
Depositions Of Other Lawyers, Douglas R. Richmond
Depositions Of Other Lawyers, Douglas R. Richmond
Tennessee Law Review
No abstract provided.
The Virtues And Vices Of Clarity In Trademark Law, David S. Welkowitz
The Virtues And Vices Of Clarity In Trademark Law, David S. Welkowitz
Tennessee Law Review
No abstract provided.
Aligning Law And Forum: The Home Court Advantage, Verity Winship
Aligning Law And Forum: The Home Court Advantage, Verity Winship
Tennessee Law Review
When courts and legislatures choose where to resolve a dispute, they often must consider whether questions of law should be decided in the "home" court. When should, for instance, Delaware state courts decide questions of Delaware state law? The choice between the home forum and others is particularly stark in corporate law, where out-of-state courts must often apply the law of the state of incorporation. Litigation over corporate deals increasingly takes place in multiple, competing jurisdictions, presenting a clear choice between resolution in the home court or out of state. Beyond corporate law, the question arises any time legislatures must …