Legal Profession Commons^™

Vol. 46, No. 02 (January 27, 2014)

Indiana Law Annotated

No abstract provided.

Vol. 46, No. 01 (January 20, 2014)

Indiana Law Annotated

No abstract provided.

Austen Parrish Named New Law School Dean, Katherine Schultz

Austen Parrish (2014-2022)

No abstract provided.

The M Word, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

The push to incorporate mindfulness into the practice of law is gaining traction. Defined as "paying attention, on purpose, to the present moment, non-judgmentally," mindfulness can be both a state of being (a reaction to a given situation or moment in time as a calm observer of what is happening within it) as well as a trait of being (a larger approach to all of life's moments; a perspective). This Idea more fully defines mindfulness and its value to the practice and teaching of law, and it shows how clinical law professors in particular have embraced mindfulness as a core …

Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno

Scholarly Articles

The legal profession tends to look inward and backward when faced with crisis and uncertainty. The legal profession could make greater advances by looking outward and forward to find in society and culture the causes of and connections with the legal profession’s crises. Doing so would allow the profession to grow with society, solve problems with rather than against the flow of society, and be more attuned to the society the profession claims to serve.

New Maurer Dean To Creat Buzz About School, Marilyn Odendahl

Austen Parrish (2014-2022)

No abstract provided.

Encouraging The Development Of "Low Bono" Law Practices, Luz E. Herrera

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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

Tennessee Law Review

No abstract provided.

Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions, Alice Marie Beard

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

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.

Table Of Cases

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky

Tennessee Law Review

No abstract provided.

Contents

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

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

Tennessee Law Review

No abstract provided.

Second Amendment Realism, David Wolitz

Tennessee Law Review

No abstract provided.

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

Tennessee Law Review

No abstract provided.

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

Tennessee Law Review

No abstract provided.

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 …

Subject Index

Tennessee Law Review

No abstract provided.

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."

Barred From Service: Support Our Troops By Supporting Their Attorney Spouses With Uniform License Portability, Jacquelyn Loyd

McGeorge Law Review

No abstract provided.

Infusing Technology Skills Into The Law School Curriculum, Simon Canick

Faculty Scholarship

Legal education has never considered technological proficiency to be a key outcome. Law professors may debate the merits of audiovisual teaching tools: do they work when they should?; do they facilitate learning objectives or are they just toys?; whom should they call when something breaks?; and so on. Teachers use course management sites like TWEN and Blackboard to share information and manage basic course functions. Many fear that laptops and other devices distract students in class, and some institute outright bans. Among many law teachers, technology is warily accepted, but only for the purpose of achieving traditional educational objectives.

What …

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.