College of Law Faculty Scholarship
Submissions from 2012
Triaging Appointed-Counsel Funding and Pro Se Access to Justice, Benjamin H. Barton
Constitutional Limits on the Right of Government Investigators to Interview and Examine Alleged Victims of Child Abuse or Neglect, Teri Dobbins Baxter
Low Expectations: How Changing Expectations of Privacy Can Erode Fourth Amendment Protection and a Proposed Solution, Teri Dobbins Baxter
Beyond Ruggie’s Guiding Principles on Business and Human Rights: Charting an Embracive Approach to Corporate Human Rights Compliance, Robert C. Blitt
Tunisia: Springtime for Defamation of Religion, Robert C. Blitt
Contested Elections as Secret Weapon: Legislative Control Over Judicial Decision-making, Judy Cornett
Redefining Summary Judgment by Statute: The Legislative History of Tennessee Code Annotated Section 20-16-101, Judy Cornett
Why Civil Law Countries Might Forego the Individual Trustee: Provocative Insights from the New-to-the-Fold, Iris Goodwin
Desire, Conservatism, Underfunding, Congressional Meddling, and Study Fatigue: Ingredients for Ongoing Reform at the Securities and Exchange Commission?, Joan MacLeod Heminway
Foreword, Joan MacLeod Heminway
Just Do It! Specific Rulemaking on Materiality Guidance in Insider Trading, Joan MacLeod Heminway
The Extraterritorial Application of U.S. Securities Fraud Prohibitions in an Increasingly Global Transactional World, Joan MacLeod Heminway
The SEC’s New Line-Item Disclosure Rules for Asset-Backed Securities: MOTS or TMI?, Joan MacLeod Heminway
What is a Security in the Crowdfunding Era?, Joan MacLeod Heminway
Fatherhood by Conscription: Nonconsensual Insemination and the Duty of Child Support, Michael J. Higdon
Merit and Mobility: A Progressive View of Class, Culture, and the Law, Lucille Jewel
State Legislative Efforts to Improve Access to Venture Capital, Brian Krumm
Fortify Yourself, George Kuney
Teaching with PACER: Improving Understanding by Harnessing Transparency, George Kuney
Federal Income Tax Issues of Financially Troubled Corporations, Don Leatherman
Lawyers Intentionally Inflicting Emotional Distress, Alex B. Long
Professionalism and Matthew Shardlake, Alex B. Long
Contested Elections as Secret Weapon: Legislative Control over Judicial Decisionmaking, Matthew Lyon and Judy Cornett
Redefining Summary Judgment By Statute: Has the General Assembly Overruled the Tennessee Supreme Court’s Decision in Hannan?, Matthew Lyon and Judy Cornett
At the Intersection of Sovereignty and Contract: Traffic Cameras and the Privatization of Law Enforcement Power, William Davenport Mercer
Article 9 of the UCC: Reconciling Fundamental Property Principles and Plain Language, Thomas E. Plank
A Better Balancing: Reconsidering Pre-Conviction DNA Extraction from Federal Arrestees, Joy Radice
Administering Justice: Removing Statutory Barriers to Reentry, Joy Radice
Derrick Bell’s Community-Based Classroom, Joy Radice
A Due Process Right to Record the Police, Glenn Harlan Reynolds
Second Amendment Penumbras: Some Preliminary Observations, Glenn Harlan Reynolds
Is China's Housing Market Heading Toward a US-Style Crash?, Gregory M. Stein
The Modest Impact of Palazzolo v. Rhode Island, Gregory M. Stein
Behavioral Antitrust and Monopolization, Maurice Stucke
Foreward: The Rise of Behavioral Law and Economics, Maurice Stucke
Is Competition Always Good?, Maurice Stucke
Is Intent Relevant?, Maurice Stucke
Occupy Wall Street and Antitrust, Maurice Stucke
Reconsidering Antitrust's Goals, Maurice Stucke
The Implications of Behavioral Antitrust, Maurice Stucke
Juror Privacy in the Sixth Amendment Balance, Melanie Wilson
Submissions from 2011
Going South, Coming North: Migration and Union Organizing in Morristown, Tennessee, Fran Ansley
Disability Trouble, Brad Areheart
Responding to Welfare Privatization: New Tools for a New Age, Wendy A. Bach
Economists on Deregulation of the American Legal Profession: Praise and Critique, Benjamin Barton
An Article I Theory of the Inherent Powers of the Federal Courts, Benjamin H. Barton
An Article I Theory of the Inherent Powers of the Federal Courts, Benjamin H. Barton
Book Review: Saving Law Reviews From Political Scientists, Benjamin H. Barton
Economists on Deregulation of the American Legal Profession: Praise and Critique, Benjamin H. Barton
Harry Potter Och Den Farliga Staten, Benjamin H. Barton
Judges, Lawyers, and a Predictive Theory of Legal Complexity, Benjamin H. Barton
A Tribute to Bob Lloyd, Douglas A. Blaze
Defamation of Religion: Rumors of Its Death are Greatly Exaggerated, Robert Blitt
Russia’s 'Orthodox' Foreign Policy: The Growing Influence of the Russian Orthodox Church in Shaping Russia’s Policies Abroad, Robert Blitt
Whither Secular Bear: The Russian Orthodox Church’s Strengthening Influence on Russia's Domestic and Foreign Policy, Robert Blitt
Defamation of Religion: Rumors of Its Death are Greatly Exaggerated, Robert C. Blitt
Russia’s 'Orthodox' Foreign Policy: The Growing Influence of the Russian Orthodox Church in Shaping Russia’s Policies Abroad, Robert C. Blitt
The Bottom Up Journey of 'Defamation of Religion' from Muslim States to the United Nations: A Case Study of the Migration of Anti-Constitutional Ideas, Robert C. Blitt
Whither Secular Bear: The Russian Orthodox Church’s Strengthening Influence on Russia's Domestic and Foreign Policy, Robert C. Blitt
Effect of Road Segmentation on Highway Safety Analysis, Daniel Cook, Reginald Souleyrette, and Justin Jackson
A More Critical Use of Fairness Opinions as a Practical Approach to the Behavioral Economics of Mergers and Acquisitions, Joan MacLeod Heminway
Innovative Transactional Pedagogies, Joan MacLeod Heminway
Proceed at Your Peril: Crowdfunding and the Securities Act of 1933, Joan MacLeod Heminway
Sustaining Reform Efforts at the SEC: A Progress Report, Joan MacLeod Heminway
The Last Male Bastion: In Search of a Trojan Horse, Joan MacLeod Heminway
Body and Soul: Equality, Pregnancy, and the Unitary Right to Abortion, Jennifer S. Hendricks
Ending Erie's Third Phase: Why the Supreme Court Should Stop Freelancing and Go Back to Drawing Lines Between Substance and Procedure, Jennifer S. Hendricks
In Defense of the Substance-Procedure Dichotomy, Jennifer S. Hendricks
Of Woman Born? Technology, Relationship, and the Right to a Human Mother, Jennifer S. Hendricks
Renegotiating the Social Contract, Jennifer S. Hendricks
Teaching Values, Teaching Stereotypes: Sex Ed and Indoctrination in Public Schools, Jennifer S. Hendricks
To Lynch a Child: Bullying and Gender Non-Conformity in Our Nation's Schools, Michael J. Higdon
The Girl from Ipanema at Risk: Women’s Health and the Physical Environment, Becky Jacobs
Volunteers: The Power of Community Mediation, Becky Jacobs
I Can Has Lawyer? The Conflict Between the Participatory Culture of the Internet and the Legal Profession, Lucille Jewel
The Bramble Bush of Forking Paths: Digital Narrative, Procedural Rhetoric, and the Law, Lucille Jewel
You're Doing it Wrong: How the Anti-Law School Scam Blogging Movement Can Shape the Legal Profession, Lucille Jewel
Teaching Contract Drafting Using Real Contracts, Brian Krumm, Sharon Pocock, and Shelley Dunck
What Your Lender and Mortgage Broker Didn’t Tell You: , George W. Kuney
Bamboozled? Anatomy of a Bankruptcy: Baystate v. Bowers and its Aftermath, George W. Kuney
The Tax Man's Ethics: Four of the Hardest Ethical Questions for an IRS Lawyer, Michelle M. Kwon
Why Every Law Student Should Be A Gunner, Robert M. Lloyd
Employment Retaliation and the Accident of Text, Alex B. Long
The Freewheelin' Judiciary: A Bob Dylan Anthology, Alex B. Long
Crisis in the Mortgage Finance Market: The Nature of the Mortgage Loan and Regulatory Reform, Thomas E. Plank
Foreword: Divine Operating System?, Glenn Harlan Reynolds
How IDEA Fails Families Without Means: Causes and Corrections from the Frontlines of Special Education Lawyering, Dean Rivkin
Truancy Prosecutions of Students and the Right [To] Education, Dean Rivkin
Righting the Historical Record: A Case for Appellate Jurisdiction Over Appeals of Sentences for Reasonableness Under 28 U.S.C. § 1291, Briana Lynn Rosenbaum
Harming Business Clients with Zealous Advocacy: Rethinking the Attorney Advisor's Touchstone, Paula Schaefer
Transactional Lawyers and Inadvertent Disclosure, Paula Schaefer
American Constitutional Law, Otis Stephens
Crony Capitalism and Antitrust, Maurice Stucke
Reconsidering Competition, Maurice Stucke
Reconsidering Antitrust's Goals, Maurice E. Stucke
Reconsidering Competition, Maurice E. Stucke
Antitrust Review of the AT&T/T-Mobile Transaction, Maurice E. Stucke and Allen Grunes