Supreme Court Of The United States, October Term 2014 Preview,
2014
Georgetown University Law Center
Supreme Court Of The United States, October Term 2014 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
Clapper V. Amnesty International: Two Or Three Competing Philosophies Of Standing Law?,
2014
University of Tennessee College of Law
Clapper V. Amnesty International: Two Or Three Competing Philosophies Of Standing Law?, Bradford C. Mank
Tennessee Law Review
In its 2013 decision Clapper v. Amnesty International, the United States Supreme Court invoked separation-of-powers principles by holding that public interest groups alleging that the Government was spying on their foreign clients failed to demonstrate Article III standing because they could not prove that the future surveillance injury that they purportedly feared was "certainly impending." Justice Breyer's dissenting opinion argued that "commonsense" suggested that the Government was spying on the plaintiffs' foreign clients and proposed a "reasonable" or "high" probability standing test. Implicitly, the Clapper decision also presented a third approach to standing decisions. In footnote 5 of the opinion, …
A Primer On Professionalism For Doctrinal Professors,
2014
University of Tennessee College of Law
A Primer On Professionalism For Doctrinal Professors, Paula Schaefer
Tennessee Law Review
No abstract provided.
Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions,
2014
University of Tennessee College of Law
Resistance By Inferior Courts To Supreme Court's Second Amendment Decisions, Alice Marie Beard
Tennessee Law Review
No abstract provided.
Contents,
2014
University of Tennessee College of Law
Buying The American Dream: Using Immigration Law To Bolster The Housing Market,
2014
University of Tennessee College of Law
Buying The American Dream: Using Immigration Law To Bolster The Housing Market, Kit Johnson
Tennessee Law Review
Escaping notice in debate about immigration reform is a proposal that would give residency visas to foreign nationals on the condition that they buy an expensive home. Proponents see visas as a simple way to shore up the U.S. housing market. Yet complications abound. This Article scrutinizes the history, logic, economics, and morals of the proposed homebuyer visa, as well as its intersection with state laws that restrict foreign ownership of land.
Table Of Cases,
2014
University of Tennessee College of Law
Contents,
2014
University of Tennessee College of Law
The Curious Case Of The Secondary Market With Respect To Investor Protection,
2014
University of Tennessee College of Law
The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky
Tennessee Law Review
No abstract provided.
Contents,
2014
University of Tennessee College of Law
Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise,
2014
University of Tennessee College of Law
Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise, Mark A. Fulks, Ronald S. Range Iii
Tennessee Law Review
The United States Supreme Court's decision in United States v. Windsor was perhaps the most anticipated decision of the October 2012 Term. By invalidating the Defense of Marriage Act (DOMA), the Court settled one hotly debated issue. But the Court's rationale gives rise to a litany of questions. Under the rubric of the Fifth Amendment, the Court invalidated a federal statute that denied certain citizens the right to liberty, which was rooted in the state's definition of marriage, and the equal dignity the state sought to protect. In doing so, the Court announced a new test to determine where supreme …
Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief,
2014
University of Tennessee College of Law
Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief, Jacob Spangler
Tennessee Law Review
No abstract provided.
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."
