Legal Profession Commons^™

Love, Anger, And Lawyering, Deborah J. Cantrell

Richmond Journal of Law and the Public Interest

As I think about my journey from law school to now, I realize that it took me some time to find a way to lawyer that also made me feel like I was flourishing in my broader life. Early in my career, I was not always aware of when I was picking up habits of mind about lawyering. I took for granted that the lawyer brain I was developing was the best version of lawyer brain out there. In order to realize the flaws in my lawyer brain, I had to fail to flourish. Then, I had to learn that …

It’S So Hard To Say Goodbye: Why Article Iii Judges Leave (Or Don’T), Johnnie Blakeney Rawlinson

Duke Law Master of Judicial Studies Theses

Thurgood Marshall famously stated: “I was appointed to a life term, and I intend to serve it.” Justice Marshall’s sentiment is in lockstep with the expressed intent of the Founding Fathers, who embedded the concept of life tenure for Article III judges into the Constitution at the time of its adoption. This paper explores the extent to which Article III judges in this era echo the sentiment expressed by Justice Marshall, and the reasons some Article III judges have elected not to serve a life term. The paper also examines whether Article III judges have gravitated toward careers in the …

Mediation, Legal Clinic Program

Course Descriptions and Information

Students will learn and develop skills crucial to the role of mediators and legal professionals. By focusing and implementing mediation methodologies, students will learn skills of active listening and communications; conflict, issue and interests spotting, information gathering and negotiations techniques; problem-solving strategies and approaches; and effective mediation settlement agreement drafting.

Contents

Tennessee Law Review

No abstract provided.

Acting Gay, Acting Straight: Sexual Orientation Stereotyping, Luke A. Boso

Tennessee Law Review

What does it mean to discriminate because of sexual orientation? This legal question will increasingly arise as many states and municipalities enact laws that include sexual orientation as a protected trait. Without evidence of overt hostility towards or moral disapproval of gays as a group, plaintiffs may introduce evidence of sexual orientation stereotyping to make their case: i.e., evidence that an actor relied on group-based sexual orientation stereotypes in deciding to discriminate against an individual plaintiff. But how should courts determine whether the stereotyping relates to sexual orientation? It is important to answer this question for the litigants and judges …

Constitutional Law-Fourth Amendment-Police Dog Sniffs And "Completing The Mission", J. Scott White

Tennessee Law Review

No abstract provided.

Foreword - Leading The Future: Symposium On Professional Leadership Education, Douglas A. Blaze

Tennessee Law Review

No abstract provided.

Lessons In Leadership Development From A Business School Setting, Cheryl D. Barksdale, Lane Morris

Tennessee Law Review

No abstract provided.

I Am Because We Are, Robert A. Rider

Tennessee Law Review

No abstract provided.

Thirty Reflection Questions To Help Each Student Find Meaningful Employment And Develop An Integrated Professional Identity (Professional Formation), Neil Hamilton, Jerome M. Organ

Tennessee Law Review

No abstract provided.

Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Judy M. Cornett, T. Mitchell Panter, Matthew R. Lyon

Tennessee Law Review

No abstract provided.

Annual Index

Tennessee Law Review

No abstract provided.

Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams

Tennessee Law Review

No abstract provided.

Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz

Tennessee Law Review

The concept of economic coercion-that a relationship or transaction can be economically exploited for the benefit of some over others-is elaborated at the intersection of economic theory and economic realities, moral and political understandings of freedom, jurisprudence and the lived application of the law to facts. As a category of criminal and civil wrong, it has been directly and indirectly adjudicated in a breathtaking array of contexts of private and public ordering. Theories of economic coercion are decisive in drawing the line between what constitutes labor market competition and forced labor, which federal programs constitutionally encourage state action and which …

Deviant To Dignified: From Campbell V Sundquist To Tanco V. Haslam The Progression Of Lgbt Rights & Marital Equality In Tennessee, Regina M. Lambert, Abby R. Rubenfeld

Tennessee Law Review

No abstract provided.

"You Belong To Me": Unscrambling The Legal Ramifications Of Recognizing A Property Right In Frozen Human Eggs, Browne Lewis

Tennessee Law Review

No abstract provided.

Leadership Lessons, Deborah L. Rhode

Tennessee Law Review

No abstract provided.

Educating Lawyer-Leaders: The Mechanics And Artistry Of Case Study Teaching And Discussion Leadership, Garry W. Jenkins

Tennessee Law Review

No abstract provided.

Leading New Lawyers: Leadership And Legal Education, Michael J. Madison

Tennessee Law Review

Lawyers may become leaders, but leaders also may become lawyers. The path to leadership can begin in law school. This short essay describes a leadership development course developed and implemented at a law school over the last four years.

Developing Skills Of Leadership Through Service Learning: Alice's Adventures In Wonderland And A Path To Effective Leadership, R. Brad Morgan

Tennessee Law Review

"What could a children's book have to say about leadership?" you may be thinking, "much less leadership in the legal profession?" Well, to that question I defer to one of the book's primary antagonists, the Duchess, and her simple, reassuring words: "'Tut, tut, child!' said the Duchess. 'Everything's got a moral, if only you can find it."'" And with that introduction, dear friends, I invite you to join me as we go down the rabbit hole ...

Contents

Tennessee Law Review

No abstract provided.

Editorial Board

Tennessee Law Review

No abstract provided.

The New Diversity Crisis In The Federal Judiciary, Jason Iuliano, Avery Stewart

Tennessee Law Review

For much of its history, the federal judiciary was characterized by a complete lack of surface-level (i.e., demographic) diversity. Over the past fifty years, efforts to promote surface-level diversity have yielded significant gains and the modern judiciary now looks more like the citizenry it serves than it has at any other point in history. Although this particular diversity crisis has abated, a new one has taken shape.

Today, deep-level diversity is at an all-time low. This type of diversity denotes those attributes that are non-demographic in nature. It includes characteristics such as work experience, values, attitudes, and educational background. Given …

How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic

Michigan Journal of International Law

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? We contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, we reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and Western perspectives, …

Distinctions With A Difference: Why Proper Rule 59(E) Motions Should Not Be Subject To "Second Or Successive" Habeas Analysis, Imad S. Matini

Tennessee Law Review

Motions to reconsider-filed under either Rule 59(e) or 60(b) of the Federal Rules of Civil Procedure--are often considered one in the same, whether due to imprudent labeling by a litigant or due to the belief that little distinction exists between the two. In the context of habeas corpus petitions filed by pro se prisoners, motions under Rule 59(e) and Rule 60(b) are often interchangeably filed. Within this context, however, the following issue persists: whether a motion filed under either rule is subject to the "second or successive" restriction under the Antiterrorism and Effective Death Penalty Act (AEDPA). The Supreme Court …

Leadership: Three Key Questions, Kenton R. Vaughn

Tennessee Law Review

No abstract provided.

Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin Gardner

Tennessee Law Review

No abstract provided.

Confusing Patent Eligibility, David O. Taylor

Tennessee Law Review

Patent law-and in particular the law governing patent eligibility-is in a state of crisis. This crisis is one of profound confusion. Confusion exists because the current approach to determining patent eligibility confuses the relevant policies underlying numerous discrete patent law doctrines, and because the current approach lacks administrability. Ironically, the result of all this confusion is seemingly clear. The result seems to be that, when challenged, patent applications and issued patents in certain technology areas probably do not satisfy the requirement of eligibility-at least that is the perception. A resulting concern, therefore, is that the current environment substantially reduces incentives …

Contents

Tennessee Law Review

No abstract provided.

The Ascertainability Landscape And The Modern Affidavit, Jordan Elias

Tennessee Law Review

No abstract provided.