Legal Profession Commons^™

Table Of Cases

Tennessee Law Review

No abstract provided.

Ethics And Public Health Of Driverless Vehicle Collision Programming, Samantha Godwin

Tennessee Law Review

Driverless vehicles present a core ethical dilemma: there is a public health necessity and moral imperative to encourage the widespread adoption of driverless vehicles once they become demonstrably more reliable than human drivers, given their potential to dramatically reduce automobile fatalities, increase autonomy for disabled people, and improve land use and commutes. However, the very technologies that could enable autonomous vehicles to drive more safely than human drivers also imply greater moral responsibility for adverse outcomes. While human drivers must make split-second decisions in automobile collision scenarios, driverless car programmers have the luxury of time to reflect and choose deliberately …

The Emoji Factor: Humanizing The Emerging Law Of Digital Speech, Elizabeth Kirley, Marilyn Mcmahon

Tennessee Law Review

Emoji are widely perceived as whimsical, humorous or affectionate adjuncts to online communications. We are discovering, however, that they are much more: they hold a complex socio-cultural history and perform a role in social media analogous to non-verbal behavior in offline speech. This paper suggests emoji are the seminal workings of a nuanced, rebus-type language, one serving to inject emotion, creativity, ambiguity-in other words, "humanity "-into computer-mediated communications. That perspective challenges doctrinal and procedural requirements of our legal systems, particularly as they relate to such requisites for establishing guilt or fault as intent, foreseeability, consensus, and liability when things go …

Attorneys' Fees Under The Post-2007 Freedom Of Information Act: A Onetime Test's Restoration And An Overlooked Touchstone's Adoption, Amir Shachmurove

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Zombie Cinderella And The Undead Public Domain, Rebecca Schoff Curtin

Tennessee Law Review

This Article takes a recent case from the Trademark Trial and Appeal Board as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a new doll company sought to register the mark "Zombie Cinderella" for dolls. The examining attorney initially refused registration because "Zombie Cinderella" dolls were found to be confusingly similar to "Walt Disney's Cinderella" dolls. This ruling would have implied that Disney had the exclusive right to market dolls using the "Cinderella" name, a name that carries with it the …

Assumption Of What? Building Better Market Architecture For Egg Donation, Wynter K. Miller

Tennessee Law Review

No abstract provided.

Subject Index

Tennessee Law Review

No abstract provided.

Patagonia Vs. Trump, Richard Henry Seamon

Tennessee Law Review

No abstract provided.

Editorial Board

Tennessee Law Review

No abstract provided.

Cooperative Federalism In Class Actions, Jordan Elias

Tennessee Law Review

No abstract provided.

Justice Chao Hick Tin And Mr V. K. Rajah Named Distinguished Fellows At Smu School Of Law, Singapore Management University

SMU Press Releases and News

Well-respected Senior Judge Chao Hick Tin and former Judge and Attorney-General Mr VK Rajah SC, will bring their extensive legal experience to the Singapore Management University (SMU) as Distinguished Fellows in the SMU School of Law. Having both served as Judge of Appeal and Attorney-General, Justice Chao and Mr Rajah are both eminent luminaries of the legal profession and judiciary in Singapore. The appointments provide SMU faculty and students access to their expertise, knowledge and experience.

Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli

Articles

No abstract provided.

Uk Law Notes, 2018, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Telling Tales The Transactional Lawyer As Storyteller, Karen J. Sneddon

Articles

Transactional lawyers are storytellers, although they may not think of themselves as such. They work with provisions and clauses to build trans-actional documents that encapsulate the wishes, hopes, and fears of the transacting parties to promote, guide, and control the relationship of those parties. Narratology, the theory of narrative, can provide a resource to transactional lawyers that facilitates the construction of a wide range of transactional documents, which can themselves be considered narratives.

The form documents that transactional lawyers use as starting points in the drafting process are already rife with narrative characteristics; they are embedded with characters and plots, …

Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod

Faculty Articles

The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligations upon private persons and government officials, such that once vested, the rights cannot be taken away or retrospectively altered. Lawyers convey estates in property, negotiate contracts, and write and send demand letters on the supposition that they are specifying and vindicating rights, which are rights not as a result of a judgment by a court in a subsequent …

A Tribute To Douglas Scherer, Howard A. Glickstein

Scholarly Works

No abstract provided.

Learning From Law Students: How Phds Might Seek Legal Remedy In The Face Of Widespread Unemployment, Emily Grothoff

Indiana Law Journal

This Note examines overproduction and underemployment problems facing the academic market and PhD graduates9 from a legal perspective. Part I will briefly review key legal takeaways from several distinctive cases that law school graduates brought against their almae matres regarding poor employability. Part II then describes the particularities of the “PhD problem” and how it compares and contrasts with the problem that J.D. holders recently faced. Finally, Part III will examine what legal remedies disenfranchised PhDs might pursue and whether such remedies could—and should—be sought in the courts.

January 2018 Newsletter

Ergo

No abstract provided.

So Ordered The Techniques Of Great Judicial Stylists, Jill Barton

Articles

Judges are writers first. And many write exceptionally well, lacing their prose with artful passages, vivid descriptions, stinging rebukes, and clever turns of phrase. What's even more remarkable is that they do all this while crafting the law.

The goal of great legal writing has always been plain language. James Madison called for concise, straightforward language when defending the U.S. Constitution, writing that it "will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot …

2018 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Invitation

Academy of Law Alumni Fellows

No abstract provided.

Lawyers Serving Gods, Visible And Invisible, Jonathan R. Cohen

UF Law Faculty Publications

A critique of the American legal profession can be framed through the metaphor of idolatry, specifically the proclivity of lawyers to serve visible rather than invisible interests in their work. This proclivity has ramifications ranging from broad matters like lawyers' responses to deeply embedded social injustices to specific matters such as the excessive focus on pecuniary interests in ordinary legal representation and the high level of dissatisfaction that many lawyers experience in their careers. Using as a lens biblical teaching concerning idolatry, this article begins by describing "visible" as opposed to "invisible" interests in the context of legal practice. It …

Public Defense Litigation: An Overview, Lauren Sudeall Lucas

Faculty Publications By Year

No abstract provided.

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Faculty Publications By Year

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …

Innovation Diffusion In The Legal Industry, William D. Henderson

Articles by Maurer Faculty

This article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an "innovation diffusion curve" and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research in …

Well-Timed Solutions For Legal Education And The Bar, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

Career Motivations Of State Prosecutors, Ronald F. Wright, Kay L. Levine

Faculty Articles

Because state prosecutors in the United States typically work in local offices, reformers often surmise that greater coordination within and among those offices will promote sound prosecution practices across the board. Real transformation, however, requires commitment not only from elected chief prosecutors but also from line prosecutors—the attorneys who handle the daily caseloads of the office. When these individuals’ amenability to reform goals and sense of professional identity is at odds with the leadership, the success and sustainability of reforms may be at risk.

To better understand this group of criminal justice professionals and their power to influence system reforms, …

Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell

Faculty Articles

In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases filed in the United States over the past three years. In the typical case, the plaintiff’s claims of infringement rely on a poorly substantiated form pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broader problem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet …

Ethics And The History Of Social Movement Lawyering, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.