Constitutional Law-Equal Protection Clause-Using The Ballot Box To Overturn Affirmative Action In University Admissions,
2015
University of Tennessee College of Law
Constitutional Law-Equal Protection Clause-Using The Ballot Box To Overturn Affirmative Action In University Admissions, Russ Swafford
Tennessee Law Review
No abstract provided.
A Theory Of Shareholder Activism And Its Place In Corporate Law,
2015
University of Tennessee College of Law
A Theory Of Shareholder Activism And Its Place In Corporate Law, Bernard S. Sharfman
Tennessee Law Review
Offensive shareholder activism (more commonly known as hedge fund activism) can be understood as a corrective mechanism in the governance of a public company. The legitimacy of offensive shareholder activism as a corrective mechanism is based on numerous empirical studies that have found this type of activism to be both wealth enhancing for shareholders and performance enhancing for the target companies. A non-empirical argument can also be made in support of offensive shareholder activism that focuses on the ability of the board of directors to act as an impartial arbitrator deciding between the advices provided by executive management and the …
Editorial Board,
2015
University of Tennessee College of Law
Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review,
2015
University of Tennessee College of Law
Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review, Callie Jennings
Tennessee Law Review
No abstract provided.
Tranquility & Mosaics In The Fourth Amendment: How Our Collective Interest In Constitutional Tranquility Renders Data Dragnets Like The Nsa's Telephony Metadata Program A Search,
2015
University of Tennessee College of Law
Tranquility & Mosaics In The Fourth Amendment: How Our Collective Interest In Constitutional Tranquility Renders Data Dragnets Like The Nsa's Telephony Metadata Program A Search, Michael Gentithes
Tennessee Law Review
No abstract provided.
The Patented Design,
2015
University of Tennessee College of Law
The Patented Design, Sarah Burstein
Tennessee Law Review
The design patent system is over 170 years old; however, the law of design patents is woefully underdeveloped and undertheorized. One particularly important open question has to do with the very nature of the protected subject matter-what, exactly, is "the patented design'? Accordingly, it is not clear whether the use of a claimed shape on a different type of product or a visual representation of a patentee's commercial embodiment constitutes infringement. This Article argues that neither use should be deemed to be infringing because the patented design should be conceptualized as the design as applied to a specific type of …
Contents,
2015
University of Tennessee College of Law
Author Index,
2015
University of Tennessee College of Law
End The Popularity Contest: A Proposal For Second Amendment "Type Of Weapon" Analysis,
2015
University of Tennessee College of Law
End The Popularity Contest: A Proposal For Second Amendment "Type Of Weapon" Analysis, Cody J. Jacobs
Tennessee Law Review
The Supreme Court's recognition in District of Columbia v. Heller of an individual Second Amendment right to bear arms for self defense raised many questions about the scope of that right. One issue that will become increasingly important in the years ahead, but that has received relatively little attention from scholars and courts, is the question of which "arms" are protected by that right. Heller purports to establish a test that asks whether the weapon at issue is in "common use" at the time the case is decided. This Article critiques that test, arguing that it creates poor incentives, is …
Are The Rights Guaranteed By The Third Amendment Sufficiently Deep Rooted And Fundamental To Be Incorporated Into The Fourteenth?,
2015
University of Tennessee College of Law
Are The Rights Guaranteed By The Third Amendment Sufficiently Deep Rooted And Fundamental To Be Incorporated Into The Fourteenth?, E. Duncan Getchell Jr., Matthew D. Fender, Michael H. Brady
Tennessee Law Review
No abstract provided.
Federal Civil Procedure-Personal Jurisdiction-General Jurisdiction Over Foreign Corporations Based Upon Domestic Subsidiary Activity Within The Forum State,
2015
University of Tennessee College of Law
Federal Civil Procedure-Personal Jurisdiction-General Jurisdiction Over Foreign Corporations Based Upon Domestic Subsidiary Activity Within The Forum State, Katherine Smalley
Tennessee Law Review
No abstract provided.
The Third Amendment's Consent Clause: A Conceptual Framework For Analysis And Application,
2015
University of Tennessee College of Law
The Third Amendment's Consent Clause: A Conceptual Framework For Analysis And Application, Mark A. Fulks, Ronald S. Range Iii
Tennessee Law Review
No abstract provided.
Wartime Quartering With And Without Legislative Authorization,
2015
University of Tennessee College of Law
Wartime Quartering With And Without Legislative Authorization, William Gill
Tennessee Law Review
No abstract provided.
The Law And Politics Of The Charles Taylor Case,
2015
Florida International University College of Law
The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh
Faculty Publications
This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone (“SCSL”), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain. This article, from an insider who …
A Conversation With Ruth Bader Ginsburg, Associate Justice Of The Supreme Court Of The United States,
2015
University of Michigan Law School
A Conversation With Ruth Bader Ginsburg, Associate Justice Of The Supreme Court Of The United States, University Of Michigan Law School
Event Materials
Program for the 2015 Tanner Lecture on Human Values on February 6, 2015, sponsored by the University of Michigan Law School and the University of Michigan LSA Department of Philosophy.
Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children,
2015
Georgia State University College of Law
Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Scholarly Articles
Many scholars have called for the acknowledgement and treatment of children's rights as constitutionally protected and enforceable, and Supreme Court precedent establishes that the government may not punish children for matters beyond children's control. Same-sex marriage bans and non-recognition laws, which are collectively referred to as marriage bans, impose prohibited punishment on children for being born into, or parented by, same-sex families. States argue that marriage is the optimal familial environment for children, yet marriage bans categorically exclude an entire class of children -- children in same-sex families -- from the legal, economic, and social benefits of marriage. In response …
Alternate Judges As Sine Qua Nons For International Criminal Trials,
2015
Florida International University College of Law
Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie
Faculty Publications
When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …
Of Banks, Federalism And Clear Statements: Comment On Bank Of Montreal V. Marcotte,
2015
Western University, Faculty of Law
Of Banks, Federalism And Clear Statements: Comment On Bank Of Montreal V. Marcotte, Wade Wright
Law Publications
Federalism-based clear statement rules require governments to use clear statutory language when they pursue initiatives with certain implications for the division of powers. This article makes the case for altering the analytical approach in relation to two of the key federalism doctrines (the doctrine of interjurisdictional immunity and the doctrine of federal paramountcy) by adopting a federalism-based clear statement rule. It makes this case in the context of a discussion of the Supreme Court of Canada’s decision in Bank of Montreal v. Marcotte (2014), an important federalism case that rejected the arguments of several banks invoking both doctrines to avoid …
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense,
2015
University at Albany, State University of New York
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
Psychology Faculty Scholarship
We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …
The Legitimacy Crisis And The Future Of Courts,
2015
University of Haifa
The Legitimacy Crisis And The Future Of Courts, Orna Rabinovich-Einy
Cardozo Journal of Conflict Resolution
There is an overall legitimacy crisis in courts. The sources of this crisis have, to a large extent, been misconstrued. While there has been significant writing depicting the diminished quality, effectiveness, and fairness of courts, these phenomena have, for the most part, been viewed as distinct problems that warrant discrete solutions. This article shows that these problems are all manifestations of an overall legitimacy crisis that stems from the blurring of the originally stark distinctions between courts and alternatives. Traditionally, formal and informal dispute resolution processes had their own sources of legitimacy, each grounded in their respective distinctive (often opposing) …
