A Rule 11 For Prosecutors,
2019
University of Tennessee College of Law
A Rule 11 For Prosecutors, Yuri R. Linetsky
Tennessee Law Review
This Article suggests a novel approach to allow victims of frivolous prosecutions to hold prosecutors accountable. Unique among American lawyers, prosecutors enjoy absolute immunity from civil suits alleging professional misconduct. In cases of frivolous prosecutions, where charges are dismissed by the judge or the defendants are acquitted, the former defendants are prevented from seeking damages. This is so despite former defendants often suffering significant consequences-from legal fees to loss of employment. Victims of frivolous prosecutions should be afforded a mechanism to seek redress against prosecutors who bring or maintain meritless actions.
By enacting a rule of criminal procedure that mirrors …
Uberizing Discrimination: Equal Employment And Gig Workers,
2019
University of Tennessee College of Law
Uberizing Discrimination: Equal Employment And Gig Workers, Minna J. Kotkin
Tennessee Law Review
What does the growth of online gig work mean for the future of employment discrimination law? While customers may not care about the sex and race of their Uber driver, elements of explicit and implicit bias can be expected when it comes to personal, home-based services like TaskRabbit or Care.com, or professional business services such as Catalant. In fact, the ubiquity of photographs and other personal data on these apps facilitates discrimination, as some empirical data suggests. Since predictions indicate that gig workers may soon account for 40% of the workforce, the goals of our employment discrimination laws-ensuring equal access …
A Shift In The Preemption Landscape,
2019
University of Tennessee College of Law
A Shift In The Preemption Landscape, Douglas G. Smith
Tennessee Law Review
No abstract provided.
Represent,
2019
University of Tennessee College of Law
Reflections On Being A Small Part Of The Year Of The Woman,
2019
University of Tennessee College of Law
Reflections On Being A Small Part Of The Year Of The Woman, Jamie Ballinger
Tennessee Law Review
No abstract provided.
Are Literary Agents (Really) Fiduciaries?,
2019
University of Tennessee College of Law
Are Literary Agents (Really) Fiduciaries?, Jacqueline B. Lipton
Tennessee Law Review
2018 was a big year for "bad agents" in the publishing world. In July, children's literature agent Danielle Smith was exposed for lying to her clients about submissions and publication offers. In December, major literary agency Donadio & Olson, which represented a number of bestselling authors, including Chuck Palahniuk (Fight Club), filed for bankruptcy in the wake of an accounting scandal involving their bookkeeper, Darin Webb. Webb had embezzled over $3 million of client funds. Around the same time, Australian literary agent Selwa Anthony lost a battle in the New South Wales Supreme Court involving royalties she owed to her …
Wannacry, Ransomware, And The Emerging Threat To Corporations,
2019
University of Tennessee College of Law
Wannacry, Ransomware, And The Emerging Threat To Corporations, Lawrence J. Trautman, Peter C. Ormerod
Tennessee Law Review
The WannaCry ransomware attack began on May 12, 2017, and is unprecedented in scale-quickly impacting nearly a quarter-million computers in over 150 countries. The WannaCry virus exploits a vulnerability to Microsoft Windows that was originally developed by the U.S. National Security Agency and operates by encrypting a victim's data and demanding payment of a ransom in exchange for data recovery. Security experts have indicated that a North Korea linked group of hackers-who have also been implicated in cyberattacks against Sony Pictures in 2014, the Bangladeshi Central Bank in 2016, and Polish banks in February 2017-is behind the attack.
Ransomware threatens …
And Then There Were Yellow Roses,
2019
University of Tennessee College of Law
And Then There Were Yellow Roses, Penny J. White
Tennessee Law Review
No abstract provided.
From Suffrage To Citizenship: The Battle For Gender Equality At The Citadel,
2019
University of Tennessee College of Law
From Suffrage To Citizenship: The Battle For Gender Equality At The Citadel, Valorie K. Vojdik
Tennessee Law Review
No abstract provided.
Table Of Cases,
2019
University of Tennessee College of Law
She Stands On Her Own, Amongst Many: The Women Of The Tennessee Supreme Court,
2019
University of Tennessee College of Law
She Stands On Her Own, Amongst Many: The Women Of The Tennessee Supreme Court, Bernice B. Donald, Emily T. Brait
Tennessee Law Review
No abstract provided.
Author Index,
2019
University of Tennessee College of Law
Contents,
2019
University of Tennessee College of Law
Contents,
2019
University of Tennessee College of Law
Sovereign Speech In Troubled Times: Prosecutorial Statements As Extrajudicial Admissions,
2019
University of Tennessee College of Law
Sovereign Speech In Troubled Times: Prosecutorial Statements As Extrajudicial Admissions, Amir Shachmurove
Tennessee Law Review
On its face, Federal Rule of Evidence 801(d)(2) is elegantly simple. Distinguishing between neither private persons nor public entities, it renders admissible out-of-court statements made by an agent "authorized to make a statement on the subject" and by an agent or employee "on a matter within the scope of. . . [its] relationship" to the party per subparagraph (C) and (D), respectively. More colloquially, Evidence Rule 801(d)(2)(C) permits the introduction of an authorized representative's statements into a case's evidentiary record, and Evidence Rule 801(d)(2)(D) does the same for statements uttered by certain agents and employees. History partly vindicated the former, …
Foreword: From Suffrage To The Era,
2019
University of Tennessee College of Law
Foreword: From Suffrage To The Era, Wanda G. Sobieski
Tennessee Law Review
No abstract provided.
Subdivision And Conserved Farmland,
2019
University of Tennessee College of Law
Subdivision And Conserved Farmland, Jess R. Phelps
Tennessee Law Review
Limiting subdivision of conserved farmland is often a critical component of an agricultural conservation easement project's design. These restrictions are critical for ensuring that a protected farm remains of sufficient size and scale to continue to be viable for agricultural use. This form of restriction, however, is often undervalued by courts reviewing agricultural conservation easements as being secondary or incidental to the agricultural conservation easement's stated goal of preventing this land from being developed or converted to non-agricultural use. The purpose of this Article is to place subdivision restrictions in their appropriate context and to consider options for increasing their …
One Wotus, Two Potus: The Clean Water Act And The Economic Impact,
2019
University of Tennessee College of Law
One Wotus, Two Potus: The Clean Water Act And The Economic Impact, Brad Finney
Tennessee Law Review
No abstract provided.
Subject Index,
2019
University of Tennessee College of Law
Conflicts Of Interest And Law-Firm Structure,
2019
Case Western University School of Law
Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson
Faculty Publications
Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities to …
