The New Digital Wild West: Regulating The Explosion Of Initial Coin Offerings,
2018
University of Tennessee College of Law
The New Digital Wild West: Regulating The Explosion Of Initial Coin Offerings, Randolph A. Robinson Ii
Tennessee Law Review
In less than a calendar year, initial coin offerings or "ICOs" have become the fastest growing capital market in the world. In 2016, an entity called The DAO raised $160 million by selling crypto-tokens to over 15,000 individual purchasers around the globe. This massive fund raise would give rise to an entirely new capital ecosystem. In 2017, initial coin offerings would explode, raising a collective $5.1 billion. All of this was done without a single registration being filed with the SEC, and many of these initial coin offerings-including several $100 million raises-were based on little more than a white paper …
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury,
2018
University of Tennessee College of Law
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining
Tennessee Law Review
This Article uses the September 2017 defamation decision in Simmons v. American Media, Inc. as a springboard for examining defamatory meaning and reputational injury. Specifically, it focuses on cases in which judges acknowledge that plaintiffs have suffered reputational harm yet rule for defendants because promoting the cultural value of equality weighs against redress. In Simmons, a normative, axiological judgment-that the law should neither sanction nor ratify prejudicial views about transgender individuals prevailed at the trial court level over a celebrity's ability to recover for alleged reputational harm. Simmons sits at a dangerous intersection: a crossroads where a noble judicial desire …
Big Law Dreams,
2018
Florida A&M University College of Law
Big Law Dreams, Pam Jenoff
Florida A & M University Law Review
Upon graduation, law students continue to seek positions with large law firms in record numbers. Graduates are drawn to Big Law for the purported pluses of high compensation; interesting work; extensive training and resources; mobility and prestige. However, a closer examination of the present-day realities reveals that these beliefs may be outdated, overstated, or simply incorrect. Students who make their career choices based on such premises may find themselves trapped in ill-fitting and unsatisfying positions. Moreover, an unyielding focus on Big Law based on faulty assumptions may have costs and consequences for legal education and the provision of legal services. …
Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas,
2018
University of Tennessee College of Law
Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas, Scott W. Gaylord
Tennessee Law Review
All laws discriminate. Some discriminate in ways that are innocuous (like driving on the right side of the road). Others result in discrimination that is invidious (like segregation laws). And still others, like public accommodations laws, are meant to preclude discrimination against certain groups of individuals. Such antidiscrimination laws also discriminate, but they generally do so against offensive or undesirable conduct, which is unprotected under the Constitution. But what happens when antidiscrimination laws are applied to the expression of individuals or for-profit businesses? In particular, what happens when a state attempts to require a for-profit business to design and create …
The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles,
2018
University of Tennessee College of Law
The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin
Tennessee Law Review
No abstract provided.
Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America,
2018
University of Tennessee College of Law
Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel
Tennessee Law Review
No abstract provided.
Author Index,
2018
University of Tennessee College of Law
"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law,
2018
University of Tennessee College of Law
"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman
Tennessee Law Review
No abstract provided.
Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights,
2018
University of Tennessee College of Law
Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler
Tennessee Law Review
No abstract provided.
Tribute To Professor Jonathan G. Rohr,
2018
University of Tennessee College of Law
Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie
Tennessee Law Review
No abstract provided.
Table Of Cases,
2018
University of Tennessee College of Law
Ethics And Public Health Of Driverless Vehicle Collision Programming,
2018
University of Tennessee College of Law
Ethics And Public Health Of Driverless Vehicle Collision Programming, Samantha Godwin
Tennessee Law Review
Driverless vehicles present a core ethical dilemma: there is a public health necessity and moral imperative to encourage the widespread adoption of driverless vehicles once they become demonstrably more reliable than human drivers, given their potential to dramatically reduce automobile fatalities, increase autonomy for disabled people, and improve land use and commutes. However, the very technologies that could enable autonomous vehicles to drive more safely than human drivers also imply greater moral responsibility for adverse outcomes. While human drivers must make split-second decisions in automobile collision scenarios, driverless car programmers have the luxury of time to reflect and choose deliberately …
The Emoji Factor: Humanizing The Emerging Law Of Digital Speech,
2018
University of Tennessee College of Law
The Emoji Factor: Humanizing The Emerging Law Of Digital Speech, Elizabeth Kirley, Marilyn Mcmahon
Tennessee Law Review
Emoji are widely perceived as whimsical, humorous or affectionate adjuncts to online communications. We are discovering, however, that they are much more: they hold a complex socio-cultural history and perform a role in social media analogous to non-verbal behavior in offline speech. This paper suggests emoji are the seminal workings of a nuanced, rebus-type language, one serving to inject emotion, creativity, ambiguity-in other words, "humanity "-into computer-mediated communications. That perspective challenges doctrinal and procedural requirements of our legal systems, particularly as they relate to such requisites for establishing guilt or fault as intent, foreseeability, consensus, and liability when things go …
Attorneys' Fees Under The Post-2007 Freedom Of Information Act: A Onetime Test's Restoration And An Overlooked Touchstone's Adoption,
2018
University of Tennessee College of Law
Attorneys' Fees Under The Post-2007 Freedom Of Information Act: A Onetime Test's Restoration And An Overlooked Touchstone's Adoption, Amir Shachmurove
Tennessee Law Review
No abstract provided.
Contents,
2018
University of Tennessee College of Law
Zombie Cinderella And The Undead Public Domain,
2018
University of Tennessee College of Law
Zombie Cinderella And The Undead Public Domain, Rebecca Schoff Curtin
Tennessee Law Review
This Article takes a recent case from the Trademark Trial and Appeal Board as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a new doll company sought to register the mark "Zombie Cinderella" for dolls. The examining attorney initially refused registration because "Zombie Cinderella" dolls were found to be confusingly similar to "Walt Disney's Cinderella" dolls. This ruling would have implied that Disney had the exclusive right to market dolls using the "Cinderella" name, a name that carries with it the …
Assumption Of What? Building Better Market Architecture For Egg Donation,
2018
University of Tennessee College of Law
Assumption Of What? Building Better Market Architecture For Egg Donation, Wynter K. Miller
Tennessee Law Review
No abstract provided.
Subject Index,
2018
University of Tennessee College of Law
Patagonia Vs. Trump,
2018
University of Tennessee College of Law
Editorial Board,
2018
University of Tennessee College of Law
