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.
Daimler And The Jurisdictional Triskelion,
2015
University of Tennessee College of Law
Daimler And The Jurisdictional Triskelion, Zoe Niesel
Tennessee Law Review
Twice in the past three years, in Goodyear Dunlop Tires Operations, S.A. v. Brown and Daimler AG v. Bauman, the Supreme Court articulated a new landscape of general personal jurisdiction; namely, exercises of dispute-blind jurisdiction will be based on a determination of whether a corporation is "at home" in the jurisdiction, not on whether the corporation had continuous and systematic contacts in the forum state. The Court's test was further explained in terms of three different fora: where the corporation is incorporated, where it maintains its principal place of business, and where there are unique circumstances suggesting that the corporation …
The Textualist Third Amendment,
2015
University of Tennessee College of Law
The Textualist Third Amendment, Michael A. Cottone
Tennessee Law Review
No abstract provided.
Constitutional Law-Second Amendment Right To Bear Arms-Valid Constitutional Restrictions On The Right To Bear Arms,
2015
University of Tennessee College of Law
Constitutional Law-Second Amendment Right To Bear Arms-Valid Constitutional Restrictions On The Right To Bear Arms, Matthew Sipf
Tennessee Law Review
No abstract provided.
Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures,
2015
University of Tennessee College of Law
Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures, Mark Spottswood
Tennessee Law Review
In typical trials, judges and juries will find it easier to remember the proof that occurs early in the process over than what comes later. Moreover, once a fact-finder starts to form a working hypothesis to explain the facts of the case, they will be biased towards interpreting new facts in a way that confirms that theory. These two psychological mechanisms will often combine to create a strong "primacy effect," in which the party who goes first gains a subtle, but significant, advantage over the opposing party. In this article, I propose a new method of ordering proof, designed to …
Third Amendment Penumbras: Some Preliminary Observations,
2015
University of Tennessee College of Law
Third Amendment Penumbras: Some Preliminary Observations, Glenn Harlan Reynolds
Tennessee Law Review
The Bill of Rights may be facing its Frederick Jackson Turner moment, the day when its last frontier is being settled and cultivated.' Previously neglected parts of the Bill of Rights-the Ninth Amendment, the Tenth Amendment, even the Second Amendment 2 -are no longer uncharted. And now, with this Symposium, the last neglected amendment, the Third Amendment,3 already lightly explored, is seeing the first small settlements spring up.
The questions raised elsewhere in this issue are worthy, and their answers important, but my own contribution, such as it is, is inspired by the famous words of Leon Lipson, as reported …
Gossiping About Judges,
2015
New England School of Law
Gossiping About Judges, Jordan M. Singer
Florida State University Law Review
Gossip about judges is an essential source of information to civil litigators. Hearing third party assessments of a judge’s personality, demeanor, intelligence, curiosity, and openness to new interpretations of the law can substantially affect a lawyer’s strategic decisions during the course of litigation, and sometimes whether litigation occurs at all. Yet gossip about judges rarely merits mention and has evaded serious study. This Article brings attorney gossip about judges out into the open, identifying its strategic benefits and drawbacks and explaining how attorneys use gossip (and other secondhand information on judges) to anticipate the likely outcome of judicial decisions. It …
"Bring Your Own Device" Programs: Employer Control Over Employee Devices In The Mobile E-Discovery Age,
2015
University of Tennessee College of Law
"Bring Your Own Device" Programs: Employer Control Over Employee Devices In The Mobile E-Discovery Age, Danielle Richter
Tennessee Law Review
No abstract provided.
