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 …
Constitutional Law-Personal Jurisdiction-A State's Ability To Exercise Jurisdiction Over A Foreign Manufacturer,
2014
University of Tennessee College of Law
Constitutional Law-Personal Jurisdiction-A State's Ability To Exercise Jurisdiction Over A Foreign Manufacturer, Karissa Hazzard
Tennessee Law Review
No abstract provided.
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking,
2014
University of Tennessee College of Law
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon
Tennessee Law Review
What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial-even jurors who consciously want to reach a fair and accurate verdict-are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand the law …
Constitutional Law-Suffrage And The State's Interest In Preventing Fraud-The Constitutionality Of Tennessee's Photo Identification Requirement Under Strict Scrutiny,
2014
University of Tennessee College of Law
Constitutional Law-Suffrage And The State's Interest In Preventing Fraud-The Constitutionality Of Tennessee's Photo Identification Requirement Under Strict Scrutiny, Garett Franklyn
Tennessee Law Review
No abstract provided.
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings,
2014
University of Tennessee College of Law
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Tennessee Law Review
Me and you and you and me
No matter how they toss the dice It has to be
The only one for me is you, And you for me
So happy together
-The Turtles, Happy Together (written by Alan Gordon Garry Bonner)
In The Courts: When The Bell Rings Silently: Punitive And Other Constitutional Concerns For Juvenile Detainees In Isolation,
2014
Loyola University Chicago, School of Law
In The Courts: When The Bell Rings Silently: Punitive And Other Constitutional Concerns For Juvenile Detainees In Isolation, Kevin Young
Children's Legal Rights Journal
No abstract provided.
Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rare Earths,
2014
Wayne State University
Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rare Earths, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
