Should We Flip On Flippers: A Rational Approach To Providing Penalty Reductions To Criminal Informers,
2019
University of Tennessee College of Law
Should We Flip On Flippers: A Rational Approach To Providing Penalty Reductions To Criminal Informers, Mirko Bagaric, Lidia Xynas, Daniel Mccord
Tennessee Law Review
No abstract provided.
Regulation Of Encapsulated Placenta,
2019
University of Tennessee College of Law
Regulation Of Encapsulated Placenta, Greer Donley
Tennessee Law Review
The practice of placenta encapsulation is rapidly growing. It typically involves post-partum mothers consuming their placentas as pills in the months after childbirth. The perceived benefits include improved mood and energy, reduced bleeding and pain, and greater milk supply. But these effects are unproven, and consumption comes with health risks. The rise of this trend has sparked a vigorous debate in the recent medical literature, but this Article is the first to consider the legal implications of placenta encapsulation. This Article examines whether FDA should regulate encapsulated placenta, and if so, whether it should be regulated as a drug, supplement, …
Gonzaga's Ghosts,
2019
University of Tennessee College of Law
Gonzaga's Ghosts, Amanda B. Hurst
Tennessee Law Review
Pursuant to its sweeping Spending Power, Congress will spend several hundreds of billions of dollars funding federal-state spending programs this year, which states must utilize in accordance with Congress's specifications-not unlike a "contract" according to the Supreme Court. But what if a state does not toe the line Congress drew, i.e. the State "breaches" its promise? The Supreme Court opened a door in Maine v. Thiboutot, the genesis of the personal rights doctrine, to allow beneficiaries to use 42 U.S.C. § 1983 to challenge state officials' violation of spending legislation. But almost from the doctrine's inception, the Court has stressed …
Contents,
2019
University of Tennessee College of Law
Standing On The Shoulders Of Giants,
2019
University of Tennessee College of Law
Standing On The Shoulders Of Giants, Paula Schaefer
Tennessee Law Review
No abstract provided.
Fundraising: Bridging Title Ix Athletics Compliance Of The Equal Treatment Requirement And The Advancement Of Women Administrators In Intercollegiate Athletics,
2019
University of Tennessee College of Law
Fundraising: Bridging Title Ix Athletics Compliance Of The Equal Treatment Requirement And The Advancement Of Women Administrators In Intercollegiate Athletics, Dana Drew Shaw
Tennessee Law Review
No abstract provided.
Cotten V Wilson: Toward A New Approach In Negligence Cases Involving Suicide,
2019
University of Tennessee College of Law
Cotten V Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long
Tennessee Law Review
No abstract provided.
Big Data Is Not Big Oil: The Role Of Analogy In The Law Of New Technologies,
2019
University of Tennessee College of Law
Big Data Is Not Big Oil: The Role Of Analogy In The Law Of New Technologies, Lauren Henry Scholz
Tennessee Law Review
No abstract provided.
Contents,
2019
University of Tennessee College of Law
A Rule 11 For Prosecutors,
2019
University of Tennessee College of Law
A Rule 11 For Prosecutors, Yuri R. Linetsky
Tennessee Law Review
This Article suggests a novel approach to allow victims of frivolous prosecutions to hold prosecutors accountable. Unique among American lawyers, prosecutors enjoy absolute immunity from civil suits alleging professional misconduct. In cases of frivolous prosecutions, where charges are dismissed by the judge or the defendants are acquitted, the former defendants are prevented from seeking damages. This is so despite former defendants often suffering significant consequences-from legal fees to loss of employment. Victims of frivolous prosecutions should be afforded a mechanism to seek redress against prosecutors who bring or maintain meritless actions.
By enacting a rule of criminal procedure that mirrors …
Uberizing Discrimination: Equal Employment And Gig Workers,
2019
University of Tennessee College of Law
Uberizing Discrimination: Equal Employment And Gig Workers, Minna J. Kotkin
Tennessee Law Review
What does the growth of online gig work mean for the future of employment discrimination law? While customers may not care about the sex and race of their Uber driver, elements of explicit and implicit bias can be expected when it comes to personal, home-based services like TaskRabbit or Care.com, or professional business services such as Catalant. In fact, the ubiquity of photographs and other personal data on these apps facilitates discrimination, as some empirical data suggests. Since predictions indicate that gig workers may soon account for 40% of the workforce, the goals of our employment discrimination laws-ensuring equal access …
A Shift In The Preemption Landscape,
2019
University of Tennessee College of Law
A Shift In The Preemption Landscape, Douglas G. Smith
Tennessee Law Review
No abstract provided.
Represent,
2019
University of Tennessee College of Law
Reflections On Being A Small Part Of The Year Of The Woman,
2019
University of Tennessee College of Law
Reflections On Being A Small Part Of The Year Of The Woman, Jamie Ballinger
Tennessee Law Review
No abstract provided.
Are Literary Agents (Really) Fiduciaries?,
2019
University of Tennessee College of Law
Are Literary Agents (Really) Fiduciaries?, Jacqueline B. Lipton
Tennessee Law Review
2018 was a big year for "bad agents" in the publishing world. In July, children's literature agent Danielle Smith was exposed for lying to her clients about submissions and publication offers. In December, major literary agency Donadio & Olson, which represented a number of bestselling authors, including Chuck Palahniuk (Fight Club), filed for bankruptcy in the wake of an accounting scandal involving their bookkeeper, Darin Webb. Webb had embezzled over $3 million of client funds. Around the same time, Australian literary agent Selwa Anthony lost a battle in the New South Wales Supreme Court involving royalties she owed to her …
Wannacry, Ransomware, And The Emerging Threat To Corporations,
2019
University of Tennessee College of Law
Wannacry, Ransomware, And The Emerging Threat To Corporations, Lawrence J. Trautman, Peter C. Ormerod
Tennessee Law Review
The WannaCry ransomware attack began on May 12, 2017, and is unprecedented in scale-quickly impacting nearly a quarter-million computers in over 150 countries. The WannaCry virus exploits a vulnerability to Microsoft Windows that was originally developed by the U.S. National Security Agency and operates by encrypting a victim's data and demanding payment of a ransom in exchange for data recovery. Security experts have indicated that a North Korea linked group of hackers-who have also been implicated in cyberattacks against Sony Pictures in 2014, the Bangladeshi Central Bank in 2016, and Polish banks in February 2017-is behind the attack.
Ransomware threatens …
And Then There Were Yellow Roses,
2019
University of Tennessee College of Law
And Then There Were Yellow Roses, Penny J. White
Tennessee Law Review
No abstract provided.
From Suffrage To Citizenship: The Battle For Gender Equality At The Citadel,
2019
University of Tennessee College of Law
From Suffrage To Citizenship: The Battle For Gender Equality At The Citadel, Valorie K. Vojdik
Tennessee Law Review
No abstract provided.
Table Of Cases,
2019
University of Tennessee College of Law
She Stands On Her Own, Amongst Many: The Women Of The Tennessee Supreme Court,
2019
University of Tennessee College of Law
She Stands On Her Own, Amongst Many: The Women Of The Tennessee Supreme Court, Bernice B. Donald, Emily T. Brait
Tennessee Law Review
No abstract provided.
