Are We Insane? The Quest For Proportionality In The Discovery Rules Of The Federal Rules Of Civil Procedure,
2016
Duke Law
Are We Insane? The Quest For Proportionality In The Discovery Rules Of The Federal Rules Of Civil Procedure, Paul W. Grimm
Duke Law Master of Judicial Studies Theses
No abstract provided.
What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege,
2016
Duke Law
What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege, Anthony John Trenga
Duke Law Master of Judicial Studies Theses
From the criminal trial of Aaron Burr on charges of treason to modern-day litigation involving the CIA, the state secrets privilege presents a thorny issue for federal judges. Judge Trenga examines the legal issues at the heart of this privilege—separation of powers, non-justiciability, evidentiary privilege, national security interests, and military secrets—and the two primary doctrinal tracks judges invoke. Then, based on interviews with thirty-one federal judges, Judge Trenga offers insights into how judges think about applying the state secrets privilege to sensitive material.
Does A House Of Congress Have Standing Over Appropriations?: The House Of Representatives Challenges The Affordable Care Act,
2016
University of Cincinnati College of Law
Does A House Of Congress Have Standing Over Appropriations?: The House Of Representatives Challenges The Affordable Care Act, Bradford Mank
Faculty Articles and Other Publications
In U.S. House of Representatives v. Sylvia Matthews Burwell, the District Court for D.C. in 2015 held that the House of Representatives has Article III standing to challenge certain provisions of the Affordable Care Act as violations of the Constitution’s Appropriations Clause. The Supreme Court’s jurisprudence on legislative standing is complicated. The Court has generally avoided the contentious question of whether Congress has standing to challenge certain presidential actions because of the difficult separation-of-powers concerns in such cases. In Raines v. Byrd, the Court held that individual members of Congress generally do not have Article III standing by simply holding …
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits,
2016
University of Cincinnati College of Law
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Faculty Articles and Other Publications
In data breach cases, the lower federal courts have split on the question of whether the plaintiffs meet Article III standing requirements for injury and causation. In its 2013 decision Clapper v. Amnesty International USA, the Supreme Court, in a case involving alleged electronic surveillance by the U.S. government’s National Security Agency, declared that a plaintiff alleging that it will suffer future injuries from a defendant’s allegedly improper conduct must show that such injuries are “certainly impending.” Since the Clapper decision, a majority of the lower federal courts addressing “lost data” or potential identity theft cases in which there is …
Supreme Court Of The United States, October Term 2016 Preview,
2016
Georgetown University Law Center
Supreme Court Of The United States, October Term 2016 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
Contents,
2016
University of Tennessee College of Law
Acting Gay, Acting Straight: Sexual Orientation Stereotyping,
2016
University of Tennessee College of Law
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",
2016
University of Tennessee College of Law
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,
2016
University of Tennessee College of Law
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,
2016
University of Tennessee College of Law
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,
2016
University of Tennessee College of Law
Thirty Reflection Questions To Help Each Student Find Meaningful Employment And Develop An Integrated Professional Identity (Professional Formation),
2016
University of Tennessee College of Law
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,
2016
University of Tennessee College of Law
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,
2016
University of Tennessee College of Law
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens,
2016
University of Tennessee College of Law
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,
2016
University of Tennessee College of Law
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,
2016
University of Tennessee College of Law
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,
2016
University of Tennessee College of Law
"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,
2016
University of Tennessee College of Law
Educating Lawyer-Leaders: The Mechanics And Artistry Of Case Study Teaching And Discussion Leadership,
2016
University of Tennessee College of Law
Educating Lawyer-Leaders: The Mechanics And Artistry Of Case Study Teaching And Discussion Leadership, Garry W. Jenkins
Tennessee Law Review
No abstract provided.
