Unconstitutional Quartering, Governmental Immunity, And Van Halen's Brown M&M Test,
2015
University of Tennessee College of Law
Unconstitutional Quartering, Governmental Immunity, And Van Halen's Brown M&M Test, Tom W. Bell
Tennessee Law Review
The jurisprudence of the Third Amendment, which limits the quartering of troops in private homes, effectively consists of just one case: Engblom v. Carey.' But what a case! In addition to showcasing an unjustly neglected corner of our constitutional heritage, Engblom demonstrates the troubling effects of a dubious legal doctrine: governmental immunity. Though the court of appeals had held New York officials potentially liable for violating the Third Amendment when they had quartered National Guard troops in the dormitory rooms of striking prison guards, the lower court on remand in Engblom denied the plaintiffs a remedy. Why? Because throughout the …
A Word On The Third: Three Approaches To The Third Amendment's Place In Constitutional Rhetoric,
2015
University of Tennessee College of Law
A Word On The Third: Three Approaches To The Third Amendment's Place In Constitutional Rhetoric, Gabriel Latner
Tennessee Law Review
"War is not a courtesy but the most horrible thing in life; and we ought to understand that, and not play at war. We ought to accept this terrible necessity sternly and seriously."
"[The Constitutional Amendment prohibiting forced quartering except in times of] War, (ooh, yeah, good God y'all), what is it good for?"
- War & Peace by Leo Tolstoy and Edwin Starr
Are Houses Of Worship "House[S]" Under The Third Amendment?,
2015
University of Tennessee College of Law
Are Houses Of Worship "House[S]" Under The Third Amendment?, Eric Rassbach
Tennessee Law Review
No abstract provided.
Contents,
2015
University of Tennessee College of Law
Identifying The Culprit In Wrongful Convictions,
2015
University of Tennessee College of Law
Identifying The Culprit In Wrongful Convictions, Valena Elizabeth Beety
Tennessee Law Review
No abstract provided.
Subject Index,
2015
University of Tennessee College of Law
Table Of Cases,
2015
University of Tennessee College of Law
Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution,
2015
University of Tennessee College of Law
Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
The Marrying Kind,
2015
University of Tennessee College of Law
The Marrying Kind, Zachary Herz
Tennessee Law Review
We are living in a Constitutional moment. In the span of half a century, LGBT people have been cast out, tolerated, accepted, and finally celebrated: In time with that shift, same-sex marriage has gone from absurdity, to threat, to fundamental right. This Article queries the links between those two processes and their potential implications for constitutional anti-discrimination law more broadly.
Specifically, this Article considers two features of equal protection jurisprudence that have entered into strange, silent conflict: the discriminatory purpose doctrine established in Washington v. Davis and Personnel Administrator of Massachusetts v. Feeney, and the tendency of courts to treat …
Harper Lee's First Novel: A Review Of Go Set A Watchman (Harper Collins 2015),
2015
University of Tennessee College of Law
Harper Lee's First Novel: A Review Of Go Set A Watchman (Harper Collins 2015), Judy M. Cornett
Tennessee Law Review
No abstract provided.
On Free, Harmful, And Hateful Speech,
2015
University of Tennessee College of Law
On Free, Harmful, And Hateful Speech, Ronald Turner
Tennessee Law Review
Judicially recognized and relatively unobjectionable and uncontroversial exceptions to the coverage and protection of the First Amendment to the United States Constitution are grounded, in part, on affirmative answers to the question whether certain speech creates or could create actual or potential harms to, and result in negative consequences for, individuals and societal interests. This article, focusing on speech-related harm and, more specifically, the speech-related harms of hate speech, makes a descriptive claim and poses a normative question. The descriptive claim: Assessment of harm has long been a feature of the United States Supreme Court's free speech jurisprudence and decisions …
Judicial Doctrine As Risk Regulation,
2015
University of Tennessee College of Law
Judicial Doctrine As Risk Regulation, Brannon P. Denning, Michael B. Kent Jr.
Tennessee Law Review
Much of the literature on risk regulation concerns "first-order" risks--e.g., those addressed by environmental law or workplace safety rules. But scholars recently have suggested that risk regulation can provide a helpful framework for thinking about "second-order," or political, risks arising from allocations of power and institutional design. Although a few commentators have utilized this perspective to suggest connections between risk regulation and particular areas of constitutional law, in this essay we take a broader view. Building on the existing literature, we argue that the selection of constitutional decision rules is a judicial effort to regulate the political risk that government …
Foreword: The Third Amendment In The 21st Century,
2015
University of Tennessee College of Law
Foreword: The Third Amendment In The 21st Century, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
The "War" Against Crime: Ferguson, Police Militarization And The Third Amendment,
2015
University of Tennessee College of Law
The "War" Against Crime: Ferguson, Police Militarization And The Third Amendment, Elizabeth Price Foley
Tennessee Law Review
No abstract provided.
An Unavoidably Brief Historiography Of The Third Amendment,
2015
University of Tennessee College of Law
An Unavoidably Brief Historiography Of The Third Amendment, Scott D. Gerber
Tennessee Law Review
"For the record, many of my colleagues, after learning that I was to speak on the Third Amendment, sheepishly asked me what the Third Amendment is."
-Morton J. Horwitz in Valparaiso University Law Review
"The earliest efforts to curb the abuses relating to the involuntary quartering of soldiers appeared in the charters of towns and boroughs. Examples of those early enactments included Henry I's London Charter of 1130, which contained the passage '[1]et no one be billeted within the walls of the city, either of my household, or by force of anyone else . .. .' Those charters were the …
Denying The Dyad: How Criminalizing Pregnant Drug Use Harms The Baby, Taxpayers And Vulnerable Women,
2015
University of Tennessee College of Law
Denying The Dyad: How Criminalizing Pregnant Drug Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander
Tennessee Law Review
No abstract provided.
Labor And Employment Law-Disparate Treatment And Disparate Impact-Assessing A Pregnant Employee's Ability To Bring Suit Under The Second Clause Of The Pregnancy Discrimination Act,
2015
University of Tennessee College of Law
Labor And Employment Law-Disparate Treatment And Disparate Impact-Assessing A Pregnant Employee's Ability To Bring Suit Under The Second Clause Of The Pregnancy Discrimination Act, Alex Thomason
Tennessee Law Review
No abstract provided.
Contents,
2015
University of Tennessee College of Law
Sentencing Rules And Standards: How We Decide Criminal Punishment,
2015
University of Tennessee College of Law
Sentencing Rules And Standards: How We Decide Criminal Punishment, Jacob Schuman
Tennessee Law Review
Over the past 300 years, American sentencing policy has alternated between "determinate" and "indeterminate" systems of deciding punishment. Debates over sentence determinacy have so far focused on three main questions: Who should decide punishment? What makes punishment fair? Why should we punish wrongdoers at all?
In this Article, I ask a new, fourth question: How should we decide punishment? First, I demonstrate that determinate sentencing uses rules to decide sentences, while indeterminate sentencing relies on standards. Next, I show how the trigger-based nature of rules-in contrast to the qualitative character of standards-makes them vulnerable to four different kinds of substantive …
In The Courts: A Balancing Act: The Protection Of Child Abuse Victims And The Rights Of A Defendant,
2015
Loyola University Chicago, School of Law
In The Courts: A Balancing Act: The Protection Of Child Abuse Victims And The Rights Of A Defendant, Jennifer Fox
Children's Legal Rights Journal
No abstract provided.
