An Unavoidably Brief Historiography Of The Third Amendment,
2015
University of Tennessee College of Law
An Unavoidably Brief Historiography Of The Third Amendment, Scott D. Gerber
Tennessee Law Review
"For the record, many of my colleagues, after learning that I was to speak on the Third Amendment, sheepishly asked me what the Third Amendment is."
-Morton J. Horwitz in Valparaiso University Law Review
"The earliest efforts to curb the abuses relating to the involuntary quartering of soldiers appeared in the charters of towns and boroughs. Examples of those early enactments included Henry I's London Charter of 1130, which contained the passage '[1]et no one be billeted within the walls of the city, either of my household, or by force of anyone else . .. .' Those charters were the …
Denying The Dyad: How Criminalizing Pregnant Drug Use Harms The Baby, Taxpayers And Vulnerable Women,
2015
University of Tennessee College of Law
Denying The Dyad: How Criminalizing Pregnant Drug Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander
Tennessee Law Review
No abstract provided.
Labor And Employment Law-Disparate Treatment And Disparate Impact-Assessing A Pregnant Employee's Ability To Bring Suit Under The Second Clause Of The Pregnancy Discrimination Act,
2015
University of Tennessee College of Law
Labor And Employment Law-Disparate Treatment And Disparate Impact-Assessing A Pregnant Employee's Ability To Bring Suit Under The Second Clause Of The Pregnancy Discrimination Act, Alex Thomason
Tennessee Law Review
No abstract provided.
Contents,
2015
University of Tennessee College of Law
Sentencing Rules And Standards: How We Decide Criminal Punishment,
2015
University of Tennessee College of Law
Sentencing Rules And Standards: How We Decide Criminal Punishment, Jacob Schuman
Tennessee Law Review
Over the past 300 years, American sentencing policy has alternated between "determinate" and "indeterminate" systems of deciding punishment. Debates over sentence determinacy have so far focused on three main questions: Who should decide punishment? What makes punishment fair? Why should we punish wrongdoers at all?
In this Article, I ask a new, fourth question: How should we decide punishment? First, I demonstrate that determinate sentencing uses rules to decide sentences, while indeterminate sentencing relies on standards. Next, I show how the trigger-based nature of rules-in contrast to the qualitative character of standards-makes them vulnerable to four different kinds of substantive …
Daimler And The Jurisdictional Triskelion,
2015
University of Tennessee College of Law
Daimler And The Jurisdictional Triskelion, Zoe Niesel
Tennessee Law Review
Twice in the past three years, in Goodyear Dunlop Tires Operations, S.A. v. Brown and Daimler AG v. Bauman, the Supreme Court articulated a new landscape of general personal jurisdiction; namely, exercises of dispute-blind jurisdiction will be based on a determination of whether a corporation is "at home" in the jurisdiction, not on whether the corporation had continuous and systematic contacts in the forum state. The Court's test was further explained in terms of three different fora: where the corporation is incorporated, where it maintains its principal place of business, and where there are unique circumstances suggesting that the corporation …
The Textualist Third Amendment,
2015
University of Tennessee College of Law
The Textualist Third Amendment, Michael A. Cottone
Tennessee Law Review
No abstract provided.
Constitutional Law-Second Amendment Right To Bear Arms-Valid Constitutional Restrictions On The Right To Bear Arms,
2015
University of Tennessee College of Law
Constitutional Law-Second Amendment Right To Bear Arms-Valid Constitutional Restrictions On The Right To Bear Arms, Matthew Sipf
Tennessee Law Review
No abstract provided.
Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures,
2015
University of Tennessee College of Law
Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures, Mark Spottswood
Tennessee Law Review
In typical trials, judges and juries will find it easier to remember the proof that occurs early in the process over than what comes later. Moreover, once a fact-finder starts to form a working hypothesis to explain the facts of the case, they will be biased towards interpreting new facts in a way that confirms that theory. These two psychological mechanisms will often combine to create a strong "primacy effect," in which the party who goes first gains a subtle, but significant, advantage over the opposing party. In this article, I propose a new method of ordering proof, designed to …
Third Amendment Penumbras: Some Preliminary Observations,
2015
University of Tennessee College of Law
Third Amendment Penumbras: Some Preliminary Observations, Glenn Harlan Reynolds
Tennessee Law Review
The Bill of Rights may be facing its Frederick Jackson Turner moment, the day when its last frontier is being settled and cultivated.' Previously neglected parts of the Bill of Rights-the Ninth Amendment, the Tenth Amendment, even the Second Amendment 2 -are no longer uncharted. And now, with this Symposium, the last neglected amendment, the Third Amendment,3 already lightly explored, is seeing the first small settlements spring up.
The questions raised elsewhere in this issue are worthy, and their answers important, but my own contribution, such as it is, is inspired by the famous words of Leon Lipson, as reported …
"Bring Your Own Device" Programs: Employer Control Over Employee Devices In The Mobile E-Discovery Age,
2015
University of Tennessee College of Law
"Bring Your Own Device" Programs: Employer Control Over Employee Devices In The Mobile E-Discovery Age, Danielle Richter
Tennessee Law Review
No abstract provided.
Constitutional Law-Equal Protection Clause-Using The Ballot Box To Overturn Affirmative Action In University Admissions,
2015
University of Tennessee College of Law
Constitutional Law-Equal Protection Clause-Using The Ballot Box To Overturn Affirmative Action In University Admissions, Russ Swafford
Tennessee Law Review
No abstract provided.
A Theory Of Shareholder Activism And Its Place In Corporate Law,
2015
University of Tennessee College of Law
A Theory Of Shareholder Activism And Its Place In Corporate Law, Bernard S. Sharfman
Tennessee Law Review
Offensive shareholder activism (more commonly known as hedge fund activism) can be understood as a corrective mechanism in the governance of a public company. The legitimacy of offensive shareholder activism as a corrective mechanism is based on numerous empirical studies that have found this type of activism to be both wealth enhancing for shareholders and performance enhancing for the target companies. A non-empirical argument can also be made in support of offensive shareholder activism that focuses on the ability of the board of directors to act as an impartial arbitrator deciding between the advices provided by executive management and the …
Editorial Board,
2015
University of Tennessee College of Law
Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review,
2015
University of Tennessee College of Law
Attorney-Client Privilege-Crime-Fraud Exception-Use Of In Camera Review, Callie Jennings
Tennessee Law Review
No abstract provided.
Tranquility & Mosaics In The Fourth Amendment: How Our Collective Interest In Constitutional Tranquility Renders Data Dragnets Like The Nsa's Telephony Metadata Program A Search,
2015
University of Tennessee College of Law
Tranquility & Mosaics In The Fourth Amendment: How Our Collective Interest In Constitutional Tranquility Renders Data Dragnets Like The Nsa's Telephony Metadata Program A Search, Michael Gentithes
Tennessee Law Review
No abstract provided.
The Patented Design,
2015
University of Tennessee College of Law
The Patented Design, Sarah Burstein
Tennessee Law Review
The design patent system is over 170 years old; however, the law of design patents is woefully underdeveloped and undertheorized. One particularly important open question has to do with the very nature of the protected subject matter-what, exactly, is "the patented design'? Accordingly, it is not clear whether the use of a claimed shape on a different type of product or a visual representation of a patentee's commercial embodiment constitutes infringement. This Article argues that neither use should be deemed to be infringing because the patented design should be conceptualized as the design as applied to a specific type of …
Contents,
2015
University of Tennessee College of Law
Author Index,
2015
University of Tennessee College of Law
End The Popularity Contest: A Proposal For Second Amendment "Type Of Weapon" Analysis,
2015
University of Tennessee College of Law
End The Popularity Contest: A Proposal For Second Amendment "Type Of Weapon" Analysis, Cody J. Jacobs
Tennessee Law Review
The Supreme Court's recognition in District of Columbia v. Heller of an individual Second Amendment right to bear arms for self defense raised many questions about the scope of that right. One issue that will become increasingly important in the years ahead, but that has received relatively little attention from scholars and courts, is the question of which "arms" are protected by that right. Heller purports to establish a test that asks whether the weapon at issue is in "common use" at the time the case is decided. This Article critiques that test, arguing that it creates poor incentives, is …
