Animal Consortium,
2017
University of Tennessee College of Law
Animal Consortium, David Favre, Thomas Dickinson
Tennessee Law Review
No abstract provided.
A Model Of First Amendment Decision-Making At A Divided Court,
2017
University of Tennessee College of Law
A Model Of First Amendment Decision-Making At A Divided Court, Kyle Langvardt
Tennessee Law Review
On First Amendment issues, today's Supreme Court is arguably the most protective in the institution's history. But the apparent libertarian consensus masks a surprisingly deep disagreement about methodology. The Court's Republican Justices prefer an austere, formal approach in which logical conclusions are pursued to the furthest reach. The Court's Democratic Justices, on the other hand, would follow a more complex, contextual approach in which rules and standards are often custom-tailored to narrow factual domains.
This Article models that divide. I demonstrate that the Court's First Amendment case law over the past three decades has conformed to a small set of …
Annual Index,
2017
University of Tennessee College of Law
15 Years After 9/11: Where We Were, And Where We Are,
2017
University of Tennessee College of Law
15 Years After 9/11: Where We Were, And Where We Are, Khaled A. Beydoun
Tennessee Law Review
No abstract provided.
Contents,
2017
University of Tennessee College of Law
Contents,
2017
University of Tennessee College of Law
Protecting Regulatory Expressions Of Food Populism Through Interstate Cooperation,
2017
University of Tennessee College of Law
Protecting Regulatory Expressions Of Food Populism Through Interstate Cooperation, Kathryn Bowen
Tennessee Law Review
Consumers and retailers are increasingly interested in purchasing local, sustainable, and humanely raised foods. Advocacy groups are spearheading that trend. Their efforts have gained traction at the state-level, with a broad-based, food conscious constituency directly fomenting policy change. And yet, adversely affected food producers typically succeed in nullifying state reforms by securing from Congress preemptive national standards.
That dynamic is likely to manifest again in the area of farmed animal treatment. In November 2016, Massachusetts approved the furthest reaching prohibition on the use of "intensive confinement" systems for farmed animals, and the sale of any food products thereby derived. Additional …
A Principled And Legal Approach To Title Ix Reporting,
2017
University of Tennessee College of Law
A Principled And Legal Approach To Title Ix Reporting, Merle H. Weiner
Tennessee Law Review
Institutions of higher education identify "responsible employees" to further their compliance with Title IX. Responsible employees typically report instances of campus gender-based violence to the institution, usually to the Title IX coordinator. Unfortunately, most colleges and universities make virtually every employee a responsible employee. This "wide-net" approach to reporting, sometimes referred to as universal mandatory reporting, produces two categories of related unintended consequences: (1) it weakens the autonomy of victims when they need their autonomy most, thereby undermining their sense of institutional support and aggravating their psychological and physical harm from the assault; and (2) because of these negative consequences, …
The Miranda Custody Requirement And Juveniles,
2017
University of Tennessee College of Law
The Miranda Custody Requirement And Juveniles, Paul Marcus
Tennessee Law Review
No abstract provided.
States Of Torture: Debating The Future Of Coercive Interrogation,
2017
University of Tennessee College of Law
States Of Torture: Debating The Future Of Coercive Interrogation, John T. Parry
Tennessee Law Review
No abstract provided.
#Worstplaintiffever: Popular Public Shaming And Pseudonymous Plaintiffs,
2017
University of Tennessee College of Law
#Worstplaintiffever: Popular Public Shaming And Pseudonymous Plaintiffs, Jayne S. Ressler
Tennessee Law Review
Being publicly shamed is, for some, a fate worse than death. This article addresses a tension at the heart of the practice of "popular public shaming" as a social regulatory mechanism. While shaming can be an effective and inexpensive tool to reflect and impart current collective values, it also can deter victims of wrongs from vindicating their rights in court, thereby inhibiting the pursuit of justice. Some legislatures and courts, including the United States Supreme Court, have sought to address this problem by permitting certain rightsholders to bring lawsuits pseudonymously. However, as this article shows, the standards and procedures in …
Firepower To The People! Gun Rights & The Law Of Self-Defense To Curb Police Misconduct,
2017
University of Tennessee College of Law
Firepower To The People! Gun Rights & The Law Of Self-Defense To Curb Police Misconduct, Spear It
Tennessee Law Review
No abstract provided.
Contents,
2017
University of Tennessee College of Law
Constitutional Law - The Second Amendment - The Constitutionality Of Prohibiting Firearm Possession By Individuals Previously Committed To A Mental Institution,
2017
University of Tennessee College of Law
Constitutional Law - The Second Amendment - The Constitutionality Of Prohibiting Firearm Possession By Individuals Previously Committed To A Mental Institution, Spenser F. Powell
Tennessee Law Review
No abstract provided.
The Persistence Of The Confederate Narrative,
2017
University of Tennessee College of Law
The Persistence Of The Confederate Narrative, Peggy Cooper Davis, Aderson Francois, Colin Starger
Tennessee Law Review
Ever since the United States was reconstituted after the Civil War, a Confederate narrative of states' rights has undermined the Reconstruction Amendments' design for the protection of civil rights. The Confederate narrative's diminishment of civil rights has been regularly challenged, but it stubbornly persists. Today the narrative survives in imprecise and unquestioning odes to state sovereignty.
We analyze the relationship, over time, between assertions of civil rights and calls for the protection of local autonomy and control. This analysis reveals a troubling sequence. the Confederate narrative was shamefully intertwined with the defense of American chattel slavery. It survived profound challenges …
Contents,
2017
University of Tennessee College of Law
The Unreviewable Executive? National Security And The Limits Of Plenary Power,
2017
University of Tennessee College of Law
The Unreviewable Executive? National Security And The Limits Of Plenary Power, Shawn E. Fields
Tennessee Law Review
No abstract provided.
The Case Against Prudential Standing: Examining The Courts' Use Of Prudential Standing Before And After Lexmark,
2017
University of Tennessee College of Law
The Case Against Prudential Standing: Examining The Courts' Use Of Prudential Standing Before And After Lexmark, Kylie Chiseul Kim
Tennessee Law Review
Through Lujan and Lexmark, Justice Scalia constructed one of his greatest legacies: a sound and manageable definition of standing. However, a threat to this legacy, prudential standing, persists after his death. Lujan defines standing-in simplified terms-as injury, causation, and redressability. Lexmark undermines prudential standing, which exceeds Lujan's definition of standing and which encompasses the rule against assertion of a generalized grievance, assertion of an interest outside the zone of interests protected by the law invoked, and assertion of the right of a third party. Despite these cases, lower courts continue to use prudential standing, confusing standing's definition. Arguing for a …
Editorial Board,
2017
University of Tennessee College of Law
America First: Improving A Recalcitrant Immigration And Refugee Policy,
2017
University of Tennessee College of Law
America First: Improving A Recalcitrant Immigration And Refugee Policy, M. Akram Faizer
Tennessee Law Review
This paper will discuss the need for developed and mature democracies, such as the United States, to take in substantially more refugees and economic migrants in view of the demand surge for international migration and the obvious humanitarian imperative. It will then argue that this will not happen under the current paradigm, whereby rich-world democracies that allow refugees and economic migrants to settle fail to take adequate measures to ensure safe repatriation and resettlement to migrants' countries of origin. This failure leads to unconsented permanent residency and subsequent naturalization that fuels a backlash by nativists and social conservatives, as evidenced …
