Foreword, In From The Texas Cotton Fields To The United States Tax Court: The Life Journey Of Juan F. Vasquez (Mary Theresa Vasquez & Anthony Head, 2020),
2020
Washington and Lee University School of Law
Foreword, In From The Texas Cotton Fields To The United States Tax Court: The Life Journey Of Juan F. Vasquez (Mary Theresa Vasquez & Anthony Head, 2020), Brant J. Hellwig
Books and Chapters
The story of the life of the first Hispanic American appointed to serve as a judge on the United States Tax Court. An educational and inspirational story of a professional career, the book is accessible to lawyers and laypersons of all ages.
Post-Genocide Justice In Rwanda,
2020
Washington and Lee University School of Law
Post-Genocide Justice In Rwanda, Mark A. Drumbl
Scholarly Articles
The Rwandan genocide triggered a vast number of criminal and quasi-criminal prosecutions. Rwanda therefore constitutes an example of a robust and rapid implementation of criminal accountability for atrocity. Rwanda, moreover, departed from other countries – such as South Africa – by eschewing a truth and reconciliation process as part of a transitional justice process. This chapter unpacks three levels of judicialization that promoted criminal responsibility for atrocity in Rwanda: the ICTR, specialized chambers of national courts, and gacaca proceedings. The ICTR indicted roughly 90 individuals, the national courts convicted in the area of 10,000 defendants (with some proceedings remaining ongoing), …
The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence,
2020
Washington and Lee University School of Law
The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence, John D. King
Scholarly Articles
Despite evidence that America’s low-level courts are overburdened, unreliable, and structurally biased, sentencing judges continue to uncritically consider a defendant’s criminal history in fashioning an appropriate punishment. Misdemeanor courts lack many of the procedural safeguards that are thought to ensure accuracy and reliability. As with other stages of the criminal justice system, people of color and poor people are disproportionately burdened with the inaccuracies of the misdemeanor system.
This Article examines instances in which sentencing courts have looked behind the mere fact of a prior conviction and assessed whether that prior conviction offered any meaningful insight for the subsequent sentence. …
Practical Truth: The Value Of Apparent Honesty In Supreme Court Opinions,
2020
Washington and Lee University School of Law
Practical Truth: The Value Of Apparent Honesty In Supreme Court Opinions, Timothy C. Macdonnell
Scholarly Articles
Judicial honesty or judicial candor is the subject of significant scholarly attention, but it is not the focus of this Essay. Rather, the author's focus is on the importance that appearing honest has on the persuasive force of an opinion and the dangers associated with failing to achieve that goal. This distinction is not intended to suggest Justices should seek apparent honesty while not being actually honest. Rather, this Essay emphasizes that actually honest opinions must also be apparently honest. Thus, judicial candor is necessary to apparent honesty, but it is not always sufficient on its own.
To support the …
The Constitutionality Of Nationwide Injunctions,
2020
Washington and Lee University School of Law
The Constitutionality Of Nationwide Injunctions, Alan M. Trammell
Scholarly Articles
Opponents of nationwide injunctions have advanced cogent reasons why courts should be skeptical of this sweeping remedy, but one of the arguments is a red herring: the constitutional objection. This Essay focuses on the narrow question of whether the Article III judicial power prohibits nationwide injunctions. It doesn’t.
This Essay confronts and dispels the two most plausible arguments that nationwide injunctions run afoul of Article III. First, it shows that standing jurisprudence does not actually speak to the scope-of-remedy questions that nationwide injunctions present. Second, it demonstrates that the Article III judicial power is not narrowly defined in terms of …
Supreme Court Of The United States, October Term 2020 Preview,
2020
Georgetown University Law Center
Supreme Court Of The United States, October Term 2020 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
Rethinking Libel For The Twenty-First Century,
2020
University of Tennessee College of Law
Rethinking Libel For The Twenty-First Century, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
Alternative Venture Capital: The New Unicorn Investors,
2020
University of Tennessee College of Law
Alternative Venture Capital: The New Unicorn Investors, Anat Alon-Beck
Tennessee Law Review
The U.S. Securities and Exchange Commission has promulgated new rules designed to harmonize and improve the "patchwork" exempt offering framework, protect investors and facilitate capital formation. Additionally, the U.S. Department of Labor announced that the fiduciary responsibility provisions of the Employee Retirement Income Security Act of 1974 do not prohibit fiduciaries of 401(k) and other individual account plans from investing in, and undertaking exposure to, private equity investments. These policies address the concern that retail investors are missing out on investment opportunities, due to fewer listed firms and initial public offerings, the greater role of the private market in raising …
Editorial Board,
2020
University of Tennessee College of Law
Contents,
2020
University of Tennessee College of Law
The Gen Z Juror,
2020
University of Tennessee College of Law
The Gen Z Juror, Leslie Y. Garfield Tenzer
Tennessee Law Review
The Magna Carta drafters did not contemplate Facebook, Twitter, or texting when they formalized the jury system, a system that remains mostly unchanged 800 years after its inception. Those primed for jury duty over the coming decades have grown up with a cell phone in their hand and news at their fingertips. It is unreasonable to expect Gen Zers to meet the "radio-silence" mandate of jury duty. As smartphones become the de facto method of communication, courts, legislatures, and scholars offer prohibitions, admonitions, and increased punishment to curtail juror misconduct. These reforms, however, do little to prevent the kind of …
Contents,
2020
University of Tennessee College of Law
The Contested Edges Of Internal Affairs,
2020
University of Tennessee College of Law
The Contested Edges Of Internal Affairs, Mohsen Manesh
Tennessee Law Review
Because of the internal affairs doctrine, the tiny state of Delaware plays a unique and outsized role as the nation's preeminent regulator of corporate governance. But two recent developments have raised new questions about the precise scope of the doctrine and, consequently, Delaware's lucrative regulatory domain. Specifically, in a four-month span in late 2018, (i) California enacted the nation's first law mandating board gender diversity for all public corporations headquartered in California, and (ii) the Delaware Court of Chancery in Sciabacucchi v. Salzberg invalidated a corporate charter provision purporting to regulate shareholder rights arising under federal securities law.
These two …
Reframing Taxigration,
2020
University of Tennessee College of Law
Reframing Taxigration, Jacqueline Lainez Flanagan
Tennessee Law Review
Tax compliance by undocumented immigrant workers could and should be the architectural centerpiece of immigration reform. Analyzing this premise using broad economic frameworks and examining corresponding mechanisms in U.S. tax and immigration systems, this article seeks to reframe "taxigration" to signify tax filing as a threshold condition to legalization.
"Taxigration" was originally coined by immigration practitioners to signal the intersection between immigration and tax law, most often when individuals in the midst of legalization proceedings file tax returns to supplement their immigration petitions. Conversely, unauthorized workers with no viable path toward legalization must adhere to a tax filing mandate, facilitated …
The Future Of Roe V. Wade: Do Abortion Rights End When A Human's Life Begins?,
2020
University of Tennessee College of Law
The Future Of Roe V. Wade: Do Abortion Rights End When A Human's Life Begins?, Steven Andrew Jacobs
Tennessee Law Review
While legal scholars and Supreme Court Justices on both sides of the national abortion controversy argue that Roe v. Wade was incorrectly decided, this Article accepts the Court's decision as a provisional holding that was based on the relevant societal, scientific, and legal records available to the Court in 1973. However, the stare decisis analysis outlined by the Court in Planned Parenthood v. Casey dictates that precedent can be overturned when a change in relevant facts robs a ruling of its original justification. If the Court agrees to hear a challenge to Roe, it will likely assess whether the relevant …
Leviathan Goes To Washington: How To Assert The Separation Of Powers In Defense Of Future Generations,
2020
Florida A&M University College of Law
Leviathan Goes To Washington: How To Assert The Separation Of Powers In Defense Of Future Generations
Florida A & M University Law Review
The separation of powers was originally drawn from the common law of England, vindicated during the American Revolution as a fundamental bulwark against tyranny, and constitutionalized in the first three articles of the U.S. Constitution. It was adopted as an assurance that the present generation would not assert dead-hand control over the future of American society for mere efficiency, vanity, or greed. The separation of powers, therefore, exists to empower future generations to contend for their rights of life, liberty, and property. Both the long history of the separation of powers and the recent, controversial practices of multinational government contractors …
End Of The Line For General Territorial Jurisdiction,
2020
University of Tennessee College of Law
End Of The Line For General Territorial Jurisdiction, Michael H. Hoffheimer
Tennessee Law Review
No abstract provided.
Contents,
2020
University of Tennessee College of Law
Subject Index,
2020
University of Tennessee College of Law
Author Index,
2020
University of Tennessee College of Law
