Second Amendment Realism,
2014
University of Tennessee College of Law
The 1st Amendment, 2nd Amendment, And 3d Printed Guns,
2014
University of Tennessee College of Law
The 1st Amendment, 2nd Amendment, And 3d Printed Guns, Josh Blackman
Tennessee Law Review
We are standing at the dawn of the next great industrial revolution. With 3D printers people can print an infinite number of personalized and customized "things." However, one manifestation of this bold new technology threatens to cast a specter on innovation: 3D printed guns. This Article explores how efforts to regulate, or even ban 3D guns, must satisfy constitutional scrutiny under both the First and Second Amendments.
The Second Amendment right to keep and bear arms includes a subsidiary right to acquire arms-what else are you going to keep and bear-which covers both the buyer, and seller in the transaction. …
Anti-Evasion Doctrines And The Second Amendment,
2014
University of Tennessee College of Law
Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning
Tennessee Law Review
No abstract provided.
The Empire Strikes Back: The District Of Columbia's Post-Heller Firearm Registration System,
2014
University of Tennessee College of Law
The Empire Strikes Back: The District Of Columbia's Post-Heller Firearm Registration System, Stephen P. Halbrook
Tennessee Law Review
No abstract provided.
The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms,
2014
University of Tennessee College of Law
The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael P. O'Shea
Tennessee Law Review
No abstract provided.
Constitutional Trespass,
2014
University of Tennessee College of Law
Constitutional Trespass, Laurent Sacharoff
Tennessee Law Review
The Supreme Court has recently created a trespass test for Fourth Amendment searches without explaining what type of trespass it envisions-one based on the common law of 1791, on the specific trespass law of the state where the search occurred, or on some other trespass principles. Indeed Florida v. Jardines, decided in 2013, raises the question whether the Court has created a trespass test at all, a seeming turnabout that largely recapitulates the Court's 125- year history of confusion in which it has embraced, rejected, or simply ignored trespass as a test from era to era or even year to …
Subject Index,
2014
University of Tennessee College of Law
Rethinking Presumed Knowledge Of The Law In The Regulatory Age,
2014
University of Tennessee College of Law
Rethinking Presumed Knowledge Of The Law In The Regulatory Age, Michael Cottone
Tennessee Law Review
"But the guilty person is only one of the targets of punishment. For punishment is directed above all at others, at all the potentially guilty."
Skepticism About Deterrence,
2014
Swanlund Chair Emeritus, University of Illinois at Urbana-Champaign
Skepticism About Deterrence, Thomas S. Ulen
Loyola University Chicago Law Journal
In this Essay I first review the standard law-and-economics model of how rational potential criminals decide whether to commit a crime, and how rational criminals might be deterred from committing crime by raising the expected costs of crime. I also show how that model has had a deep impact on criminal-justice-system policy in the United States since at least 1980. I then express deep skepticism about the continued effectiveness of this model and its policy implications. First, I show how modern empirical research on deterrence argues that we have gone much too far in our use of incarceration; in brief, …
The First Amendment Guide To The Second Amendment,
2014
University of Tennessee College of Law
The First Amendment Guide To The Second Amendment, David B. Kopel
Tennessee Law Review
No abstract provided.
Criminal Procedure-Juror Misconduct And Bias-Assessing The Prejudicial Effect Of Extra-Judicial Communications By Jurors In A Technologically Advanced Society,
2014
University of Tennessee College of Law
Criminal Procedure-Juror Misconduct And Bias-Assessing The Prejudicial Effect Of Extra-Judicial Communications By Jurors In A Technologically Advanced Society, Racquel Martin
Tennessee Law Review
No abstract provided.
Contents,
2014
University of Tennessee College of Law
Anti-Justice,
2014
University of Tennessee College of Law
Anti-Justice, Melanie D. Wilson
Tennessee Law Review
This Article contends that, despite their unique, ethical duty to "seek justice," prosecutors regularly fail to fulfill this ethical norm when removed from the traditional, adversarial courtroom setting. Examples abound. For instance, in 2013, Edward Snowden leaked classified information revealing a government-operated surveillance program known as PRISM. That program allows the federal government to collect metadata from phone companies and email accounts and to monitor phone conversations. Until recently, prosecutors relied on some of this covertly acquired intelligence to build criminal cases against American citizens without informing the accused. In failing to notify defendants, prosecutors violated the explicit statutory directives …
Uncommon Firearms As Obscenity,
2014
University of Tennessee College of Law
Uncommon Firearms As Obscenity, Jordan E. Pratt
Tennessee Law Review
No abstract provided.
Foreword: The Second Amendment As Ordinary Constitutional Law,
2014
University of Tennessee College of Law
Foreword: The Second Amendment As Ordinary Constitutional Law, Glenn Harlan Reynolds
Tennessee Law Review
No abstract provided.
Author Index,
2014
University of Tennessee College of Law
Editorial Board,
2014
University of Tennessee College of Law
Constitutional Law-The First Amendment Retaliation Doctrine-A Public Employee's Rights Regarding Perceived Political Association Retaliation,
2014
University of Tennessee College of Law
Constitutional Law-The First Amendment Retaliation Doctrine-A Public Employee's Rights Regarding Perceived Political Association Retaliation, Kaitlyn Poirier
Tennessee Law Review
No abstract provided.
The New Ada Backlash,
2014
University of Tennessee College of Law
The New Ada Backlash, Nicole Buonocore Porter
Tennessee Law Review
No abstract provided.
Educating Athletes Re-Envisioning The Student-Athlete Model,
2014
University of Tennessee College of Law
Educating Athletes Re-Envisioning The Student-Athlete Model, William W. Berry Iii
Tennessee Law Review
This article contends that if the NCAA and universities are serious about saving the current student-athlete model, then they should double-down on the concept of "student" in the student-athlete model. In particular, this paper suggests that adopting a more realistic approach to educating athletes will benefit both the universities and student-athletes, relieving pressure on the current model and improving educational outcomes.
Specifically, this article argues for a revised student-athlete model. First, the new model would require mandatory six-year scholarships for student-athletes and a reduction in the required academic hours "in-season" from nine to three. The model also mandates that students …
