College of Law Faculty Scholarship
Submissions from 2025
The Merging of Ownership and Control, Tomer S. Stein
Submissions from 2024
An Upward Trend in Jailhouse Cooperation with ICE: A report on detainers issued by ICE and 287(g) agreements in Alabama, Arkansas, Louisiana, Mississippi, and Tennessee from 2016 to 2020., Eric Franklin Amarante and Project South
The Bias Presumption, Bradley A. Areheart and Dave Hall
Pregnancy as a Crime: A Preliminary Report on the First Year After Dobbs, Wendy A. Bach and Madalyn K. Wasilczuk
The Case For (and Against) ABA Regulation of Non-J.D. Programs, Benjamin H. Barton
The Futures of Law, Lawyers, and Law Schools: A Dialogue, Benjamin H. Barton, Sameer M. Ashar, Michael J. Madison, and Rachel F. Moran
Child Sacrifices: The Precarity of Minors’ Autonomy and Bodily Integrity After Dobbs, Teri Dobbins Baxter
Employer-Sponsored Reproduction, Valarie K. Blake and Elizabeth Y. McCuskey
Agent of Russian Interests Abroad: Assessing the Moscow Patriarchate’s Activity in the Balkans and Beyond, Robert C. Blitt
Justifying Aggression: Russia's 2020 Constitutional Amendments and the Invasion of Ukraine, Robert C. Blitt
Lawyers as Next Generation Wordsmiths: How Legal Research Skills Unlock the Power of Generative AI, Eliza Boles
Patients Versus Profits, Isaac ("Zack") D. Buck
ABA Standard 303(C) and Divisive Concepts Legislation and Policies: Challenges and Opportunities, Sherley Cruz, Becky L. Jacobs, Karen L. Tokarz, Kendall Kerew, Andrew King-Ries, and Carwina Weng
Win-Win Environmental Regulations for Crypto Mining: Developing a Regulatory Program That Reduces Environmental Harm and Promotes Innovation and Competition, Bradley R. Finney
Business Lawyer Leadership: Valuing Relationships, Joan MacLeod Heminway
Representing Elon Musk, Joan MacLeod Heminway
Tennessee's DAO Act: Positive Innovation or Fringe Legislation, Joan MacLeod Heminway
The Materiality of ESG Information: Why It May Matter, Joan MacLeod Heminway
What the Roys Should Learn from the Demoulas Family (But Probably Won’t), Joan MacLeod Heminway
Brief of Law and Business Professors as Amici Curiae in Support of Respondents, MacQuarie Infrastructure v. Moab Partners, No. 22-1165, Dec. 20, 2023, Joan MacLeod Heminway, J. Robert Brown, James D. Cox, Sarah C. Haan, and Faith Stevelman
From CSR and TBL to ESG and the SDGs: Roots from Resistance to Regularization, Becky L. Jacobs
Professor Becky Jacobs' Comments on Dean Anderson's Presentation, Becky L. Jacobs
Tapping Into the Talent Pipeline While Repairing the Leaky Pipe, Michelle M. Kwon
Trouble’s Bruen: The Lower Courts Respond, Glenn Harlan Reynolds and Brannon P. Denning
John Hugh Carmichael (1868-1950), Briana Lynn Rosenbaum
The Motherhood Myth, Traditional Firms, and the Underrepresentation of Women, Paula Schaefer
Lobbying by Brief: Unveiling the Dominance of Amicus Lobbying in the Development of Business Law, Tomer Stein and W.C. Bunting
Judicial Review in Public and Private Governance, Tomer S. Stein
The Constitutional Meaning of Financial Terms, Tomer S. Stein and Shelby Ponton
Antitrust & AI Supply Chains, Maurice E. Stucke and Ariel Ezrachi
Innovation Misunderstood, Maurice E. Stucke and Ariel Ezrachi
Submissions from 2023
A Rejoinder to Professor Padfield: Lobbying the States for Anti-ESG Legislation, Dwight Aarons
The Absurdity of Criminalizing Encouraging Words, Eric Franklin Amarante
Stopping Criminalization at the Bedside, Wendy A. Bach and Mishka Terplan
HIPAA v. Dobbs, Wendy A. Bach and Nicolas Terry
The Law Fox Manifesto, Benjamin H. Barton
Deborah L. Rhode in Memoriam: Three Stories and Ten Life Lessons, Benjamin H. Barton
Why Are These Justices Using the Shadow Docket More than Past Justices?, Benjamin H. Barton
Constitutional Demotion, Terri Dobbins Baxter
Promoting Technological Competency through Microlearning and Incentivization, Eliza Boles
The Battle for Medicare, Isaac ("Zack") D. Buck
Criminal Insider Trading in Personal Networks, Joan MacLeod Heminway
Toward a Non-Binary Vision of Disclosure Regulation, Joan MacLeod Heminway
Lisbon: Pelos Frutos Conhece-se a Arvore: Food Waste in the Lisbon: Pelos Frutos Conhece-se a Arvore: Food Waste in the Land of Plenty, Becky L. Jacobs
See That in a Small Town: Visual Rhetoric, Race, and Legal History in Tennessee, Becky L. Jacobs
Suffering in Search of a Methodological Frame: Interdisciplinarity in the Context of the Gendered Impact of Climate Migration, Becky L. Jacobs
Dark Connections, Lucille A. Jewel
Time is a Flat Circle: Lessons from Past and Present Conspiracy Theories, Lucille A. Jewel
Comment on the Fiduciary-ness of Business Associations, Brian Krumm
Imposing Lawyer Sanctions in a Post-January 6 World, Alex B. Long
The Five Internet Rights, Nicholas Nugent
Commentary on Trading in the Clouds, Gary Pulsinelli
Retconning Heller: Five Takes on New York State Rifle & Pistol Association, Inc. v. Bruen, Glenn Harlan Reynolds and Brannon P. Denning
Multistate Business Entities, Tomer Stein and Andrew D. Appleby
A Theory of Substantive Standards of Review: The Case of Corporate Law, Tomer S. Stein
Addressing Personal Data Collection as Unfair Methods of Competition, Maurice E. Stucke
The Good, the Bad, and the Ugly of US Antitrust, Maurice E. Stucke
The Role of Secondary Algorithmic Tacit Collusion in Achieving Market Alignment, Maurice E. Stucke and Ariel Ezrachi
Submissions from 2022
On Divesting, Investing, and Critically Examining Help: Lessons from a Symposium Centering Abolition, Wendy A. Bach
The Supreme Court Needs Diversity in More Ways Than One, Benjamin H. Barton
Trump, Lawyer Regulation, and the Institutional Double Bind, Benjamin H. Barton
Comparative Rights to Counsel and Access to Justice: The American and Brazilian Approaches and Realities, Benjamin H. Barton, Fernanda Antunes Marques Junqueira, and Flavio de Costa Higa
Traumatic Justice, Teri Dobbins Baxter
Advancing Harm Reduction Services in the United States: The Untapped Role of the Americans with Disabilities Act, Valarie K. Blake, Abigail Fletes, Maria Katherine Delos Reyes, John C. Messinger, and Leo Beletsky
Transgender Rural Communities and Legal Rights to Gender-Affirming Health Care, Valarie K. Blake and Nathan R. Hamons
Religious Soft Power in Russian Foreign Policy: Constitutional Change and the Russian Orthodox Church, Robert C. Blitt
Russia’s 2020 Constitutional Amendments and the Entrenchment of the Moscow Patriarchate as a Lever of Foreign Policy Soft Power, Robert C. Blitt
Ethical Implications of Law Practice Technology, Eliza Boles
Financing Rural Health Care, Isaac ("Zack") D. Buck
When Hospitals Sue Patients, Isaac ("Zack") D. Buck
The Rulification of General Personal Jurisdiction and the Search for the Exceptional Case, Judy M. Cornett
Essentially Unprotected, Sherley Cruz
Change Leadership and the Law School Curriculum, Joan MacLeod Heminway
Choice of Entity: The Fiscal Sponsorship Alternative to Nonprofit Incorporation, Joan MacLeod Heminway
Corporate Management Should All Be Feminists, Joan MacLeod Heminway
Leadership for the Transactional Business Law Student, Joan MacLeod Heminway
The Fiduciary-ness of Business Associations, Joan MacLeod Heminway
The Potential Legal Value of Relational Contracts in a Time of Crisis or Uncertainty, Joan MacLeod Heminway
Common Law Divorce, Michael J. Higdon
If You Grant It, They Will Come: The History and Enduring Legal Legacy of Migratory Divorce, Michael J. Higdon
LGBTQ Youth and the Promise of the Kennedy Quartet, Michael J. Higdon
Water as Weapon: Gender and Wash, Becky L. Jacobs
A Study of Tax Lawyers Discussing Duties, Michelle M. Kwon and Michael Hatfield
What the Lawyer Well-Being Movement Could Learn from the Americans with Disabilities Act, Alex B. Long
Third-Party Retaliation Problems, Alex B. Long
Inspired Filth: Working Blue in Vaudeville America, William Davenport Mercer
The Ballad of Hicks Carmichael: Law, Music, and Popular Justice in Urban Appalachia, William Davenport Mercer
Custodian or Not: Scrivener's Error in a Bankruptcy Code Safe Harbor, Thomas E. Plank
Applying Motivation Theory to Improve 1Ls' Motivation, Self-Efficacy, and Skill Mastery, Nathan A. Preuss
The New Due Process: Fairness in a Fee-Driven State, Glenn Harlan Reynolds
Pulsed Nuclear Space Propulsion and International Law: Some Preliminary Observations, Glenn Harlan Reynolds and Juliet Leigh Outten
Deflect, Delay, Deny: A Case Study of Segregation by Law School Faculty, Briana Rosenbaum
Lawyers as Caregivers, Paula Schaefer
Environmental Justice and the Tragedy of the Commons, Gregory M. Stein
Reforming Zoning for its Second Century, Gregory M. Stein
Debt as Corporate Governance, Tomer S. Stein
Rules vs. Standards in Private Ordering, Tomer S. Stein