College of Law Faculty Scholarship
Submissions from 2016
The Lawyer as Public Figure for First Amendment Purposes, Alex B. Long
Comin' Through the Rye: A Requiem for the Tennessee Summary Judgment Standard, Matthew Lyon, Judy Cornett, and T. Panter
The Legal and Medical Ethical Entanglements of Infant Male Circumcision and International Law, Paul McLaughlin
Beyond Elite Law: Editors' Preface, Joy Radice
Looking Ahead: October Term 2016, Glenn Harlan Reynolds
Of Coups and the Constitution, Glenn Harlan Reynolds
Second Amendment Limitations, Glenn Harlan Reynolds
The RICO Trend in Class Action Warfare, Briana Lynn Rosenbaum
Attorneys, Document Discovery, and Discipline, Paula Schaefer
In Pari Delicto Deconstructed: Dismantling the Doctrine that Protects the Business Entity's Lawyer from Malpractice Liability, Paula Schaefer
On Balance: Leading by Leaving, Paula Schaefer
Chinese Real Estate Law and the Law and Development Theory: Comparing Law and Practice, Gregory M. Stein
Do Progressive Property Scholars Really Want to Limit Nollan and Dolan to Administrative Exactions, Gregory M. Stein
Introduction: Big Data and Competition Policy, Maurice Stucke
Is Your Digital Assistant Devious?, Maurice Stucke
Is Your Digital Assistant Devious?, Maurice Stucke and Ariel Ezrachi
When Competition Fails to Optimize Quality: A Look at Search Engines, Maurice Stucke and Ariel Ezrachi
Big Data and Competition Policy, Maurice Stucke and Allen Grunes
Submissions from 2015
Integrating the Internet, Brad Areheart
The Disability-Employability Divide: Bottlenecks to Equal Opportunity, Brad Areheart
Book Review - Middle Income Access to Justice, Benjamin H. Barton
Some Early Thoughts on Liability Standards for Online Providers of Legal Services, Benjamin H. Barton
Narrow Networks, the Very Sick, and the Patient Protection and Affordable Care Act: Recalling the Purpose of Health Insurance and Reform, Valarie K. Blake
Conflicts of Interest and Effective Oversight of Assisted Reproduction using Donated Oocytes, Valarie K. Blake, Michelle L. McGowan, and Aaron D. Levine
Toward More Equal Access to Justice: The Tennessee Experience, Douglas A. Blaze and R. Brad Morgan
Breaking the Fever: A New Construct for Regulating Overtreatment, Isaac ("Zack") D. Buck
Enforcement Overdose: Health Care Fraud Regulation in an Era of Overcriminalization and Overtreatment, Isaac ("Zack") D. Buck
Side Effects: State Anti-Fraud Statutes, Off-Label Marketing, and the Solvable Challenge of Causation, Isaac ("Zack") D. Buck
Good-Bye Significant Contacts: General Personal Jurisdiction after Daimler AG v. Bauman, Judy Cornett
Harper Lee's First Novel: A Review of Go Set a Watchman, Judy Cornett
Good-Bye Significant Contacts: General Personal Jurisdiction after Daimler AG v. Bauman, Judy Cornett and Michael Hoffheimer
Embracing a Rich Diversity Promoting Diversity among Patrons and Staff, Shamika Dalton
Teaching Business Associations with Group Oral Midterms: Benefits and Drawbacks, Joan MacLeod Heminway
The Ties That Bind: LLC Operating Agreements as Binding Commitments, Joan MacLeod Heminway
Communicating with the Impatient, Skeptical Legal Reader: The Thesis Sentence, Michael J. Higdon
Marginalized Fathers and Demonized Mothers: A Feminist Look at the Reproductive Freedom of Unmarried Men, Michael J. Higdon
A Perplexing Paradox: 'De-Statification' of 'Investor-State' Dispute Settlement?, Becky Jacobs
Cultivating Purposeful Curiosity in a Clinical Setting: Extrapolating from Case to Social Justice, Becky Jacobs
Employment Discrimination in Legal Education: Selected Readings Relating to Women, Minorities, and Legal Writing, Lucille A. Jewel
Oil and Water: How Legal Education's Doctrine and Skills Divide Reproduces Toxic Hierarchies, Lucille A. Jewel
Registering Trade and Service Marks in Tennessee: A Brief How-To Guide, Brian Krumm and Zackarij R. Gardner
"All Writs" in Bankruptcy and District Courts: A Story of Differing Scope, George Kuney
Limiting Credit Bidding For "Cause" Under § 363(K): Contra Philadelphia Newspapers Footnote 14, George Kuney
The Criminality of "Tax Planning", Michelle M. Kwon
Finding New Inspiration in the ADAAA, Alex B. Long
Wanting to Do More But Bound to Do Less: A Law Librarian’s Dilemma, Paul McLaughlin
What Do We Owe the Pro Se Litigant? Providing a better level of service to our pro se patrons, Nathan A. Preuss
What Do We Owe the Pro Se Litigant?, Nathan A. Preuss
Abortion, Amendment 1, and the Future of Procreational Rights under the Tennessee Constitution, Glenn Harlan Reynolds
The Third Amendment in the 21st Century, Glenn Harlan Reynolds
Third Amendment Penumbras: Some Preliminary Observations, Glenn Harlan Reynolds
Exhibits to Accompany Testimony & Statement of Dean Hill Rivkin before the Senate Judiciary Committee (21 April 2015), Dean H. Rivkin
Chinese Real Estate Law and the Law and Development Theory: Comparing Law and Practice, Gregory M. Stein
Online Platforms and the EU Digital Single Market, Maurice Stucke and Ariel Ezrachi
The Curious Case of Competition and Quality, Maurice Stucke and Ariel Ezrachi
Debunking the Myths Over Big Data and Antitrust, Maurice Stucke and Allen Grunes
No Mistake About It: The Important Role of Antitrust in the Era of Big Data, Maurice Stucke and Allen Grunes
Submissions from 2014
Book Review: Humane Migration: Establishing Legitimacy and Rights for Displaced People., Frances Ansley
Accommodating Every Body, Brad Areheart
Flourishing Rights, Wendy A. Bach
The Hyperregulatory State: Women, Race, Poverty and Support, Wendy A. Bach
The Lawyer's Monopoly — What Goes and What Stays, Benjamin H. Barton
Respecting Parents' Fundamental Rights in the Adoption Process: Parents Choosing Parents for their Children, Teri Dobbins Baxter
Uterus Transplantation: Ethical and Regulatory Challenges, Valarie K. Blake and Kavita Shah Arora
The Promise of International Law in Developing a Global Foundation for Social Justice, Robert Blitt
OUT WITH THE OLD, IN WITH THE NEW Two perspectives on implementing LibGuides at an academic and a public law library, Shamika Dalton
Business Lawyering in the Crowdfunding Era, Joan MacLeod Heminway
How Congress Killed Investment Crowdfunding: A Tale of Political Pressure, Hasty Decisions, and Inexpert Judgments That Begs for a Happy Ending, Joan MacLeod Heminway
Investor and Market Protection in the Crowdfunding Era: Disclosing to and for the 'Crowd', Joan MacLeod Heminway
Representing Entities: The Value of Teaching Students How to Draft Board Resolutions and Other Similar Documentation, Joan MacLeod Heminway
Women in the Crowd of Corporate Directors: Following, Walking Alone, and Meaningfully Contributing, Joan MacLeod Heminway
Brief of Professors at Law and Business Schools as Amici Curiae in Support of Respondents, Omnicare, Inc., Et Al., Petitioners, v. Laborers District Council Construction Industry Pension Fund, Et Al., Respondents, No. 13-435 (S. Ct. Sept. 2, 2014), Joan MacLeod Heminway, J. Robert Brown, Celia Taylor, and Lyman P.Q. Johnson
URBAN FOOD CORRIDORS: CULTIVATING SUSTAINABLE CITIES, Becky Jacobs
Indie Lawyering: A New Model for Solo and Small Firm Practice, Lucille A. Jewel
The Doctrine of Legal Writing - Book Review of Linda H. Edwards's Readings in Persuasion: Briefs that Changed the World, Lucille A. Jewel
The Indie Lawyer of the Future: How New Technology, Cultural Trends, and Market Forces Can Transform the Solo Practice of Law, Lucille A. Jewel
Teaching Transactional Skills Using Real Clients From Clinic to Classroom, Brian Krumm and Shelley Dunck
ABI Commission Testimony November 7, 2013, George Kuney
Dysfunction Junction: Reasonable Cause and Good Faith Reliance on Tax Advisors with Conflicts of Interest, Michelle M. Kwon
Proving Damages for Lost Profits: The Before-and-After Method, Robert M. Lloyd
Reasonable Accommodation as Professional Responsibility, Reasonable Accommodation as Professionalism, Alex B. Long
The Forgotten Role of Consent in Defamation and Employment Reference Cases, Alex B. Long
Evolution of Chattel Paper: From Possession to Control, Thomas E. Plank
Securitization of Aberrant Contract Receivables, Thomas E. Plank
Happy Together? The Uneasy Coexistence of Federal and State Protection for Sound Recordings, Gary Pulsinelli
Don't Fear the Leaker: Thoughts on Bureaucracy and Ethical Whistleblowing, Glenn Harlan Reynolds
Foreword: The Second Amendment as Ordinary Constitutional Law, Glenn Harlan Reynolds
The Ohio State University Dispute Resolution in Special Education Symposium Panel, Dean Rivkin
Truancy Lawyering in Status Offense Cases: An Access to Justice Challenge, Dean Rivkin
The Politics of Protecting Children: Litigation for Change, Dean Rivkin, Jacqueline Dixon, and Robert Schwartz
Truancy Lawyering in Status Offense Cases: An Access to Justice Challenge, Dean Rivkin and Brenda McGee
A Primer on Professionalism for Doctrinal Professors, Paula Schaefer
Will Ticket Scalpers Meet the Same Fate as Spinal Tap Drummers? The Sale and Resale of Concert and Sports Tickets, Gregory M. Stein
How Can Competition Agencies Use Behavioral Economics?, Maurice Stucke
In Search of Effective Ethics & Compliance Programs, Maurice Stucke
Crossing the Rubicon: Why the Comcast/Time Warner Cable Merger Should Be Blocked, Maurice Stucke and Allen Grunes
The Beneficent Monopolist, Maurice Stucke and Allen Grunes
Anti-Justice, Melanie Wilson