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The Federal Equity Power, Michael T. Morley 2018 Florida State University College of Law

The Federal Equity Power, Michael T. Morley

Scholarly Publications

Throughout the first century and a half of our nation’s history, federal courts treated equity as a type of general law. They applied a uniform, freestanding body of principles derived from the English Court of Chancery to all equitable issues that came before them, regardless of whether a case arose under federal or state law. In 1945, in Guaranty Trust Co. v. York, the United States Supreme Court held that, notwithstanding the changes wrought by the Erie Doctrine, federal courts may continue to rely on these traditional principles of equity to determine the availability of equitable relief, such as injunctions, …


Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas, Scott W. Gaylord 2018 University of Tennessee College of Law

Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas, Scott W. Gaylord

Tennessee Law Review

All laws discriminate. Some discriminate in ways that are innocuous (like driving on the right side of the road). Others result in discrimination that is invidious (like segregation laws). And still others, like public accommodations laws, are meant to preclude discrimination against certain groups of individuals. Such antidiscrimination laws also discriminate, but they generally do so against offensive or undesirable conduct, which is unprotected under the Constitution. But what happens when antidiscrimination laws are applied to the expression of individuals or for-profit businesses? In particular, what happens when a state attempts to require a for-profit business to design and create …


The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin 2018 University of Tennessee College of Law

The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin

Tennessee Law Review

No abstract provided.


Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel 2018 University of Tennessee College of Law

Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel

Tennessee Law Review

No abstract provided.


Author Index, 2018 University of Tennessee College of Law

Author Index

Tennessee Law Review

No abstract provided.


"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman 2018 University of Tennessee College of Law

"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman

Tennessee Law Review

No abstract provided.


Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler 2018 University of Tennessee College of Law

Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler

Tennessee Law Review

No abstract provided.


Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie 2018 University of Tennessee College of Law

Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie

Tennessee Law Review

No abstract provided.


Table Of Cases, 2018 University of Tennessee College of Law

Table Of Cases

Tennessee Law Review

No abstract provided.


Ethics And Public Health Of Driverless Vehicle Collision Programming, Samantha Godwin 2018 University of Tennessee College of Law

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 2018 University of Tennessee College of Law

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 2018 University of Tennessee College of Law

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, 2018 University of Tennessee College of Law

Contents

Tennessee Law Review

No abstract provided.


Zombie Cinderella And The Undead Public Domain, Rebecca Schoff Curtin 2018 University of Tennessee College of Law

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 2018 University of Tennessee College of Law

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

Tennessee Law Review

No abstract provided.


Subject Index, 2018 University of Tennessee College of Law

Subject Index

Tennessee Law Review

No abstract provided.


Patagonia Vs. Trump, Richard Henry Seamon 2018 University of Tennessee College of Law

Patagonia Vs. Trump, Richard Henry Seamon

Tennessee Law Review

No abstract provided.


Editorial Board, 2018 University of Tennessee College of Law

Editorial Board

Tennessee Law Review

No abstract provided.


Cooperative Federalism In Class Actions, Jordan Elias 2018 University of Tennessee College of Law

Cooperative Federalism In Class Actions, Jordan Elias

Tennessee Law Review

No abstract provided.


Savings—The Missing Element In Chapter 13 Bankruptcy Cases?, David R. Jones 2018 Duke Law

Savings—The Missing Element In Chapter 13 Bankruptcy Cases?, David R. Jones

Duke Law Master of Judicial Studies Theses

This paper examines the effects of debtor savings on the viability of chapter 13 bankruptcy plans. The paper further examines the impact of lawyer culture, debtor participation in the bankruptcy process and judicial activism on the use of the savings program by chapter 13 debtors. Using a data set of randomly selected chapter 13 bankruptcy cases filed in the Southern District of Texas, the analysis demonstrates that while savings has a direct positive impact on the success of chapter 13 plans, the degree of that success is significantly influenced by the views held by debtors’ lawyers, chapter 13 trustees and …


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