This series collects the completed works of the University of Tennessee College of Law faculty published in print or electronic formats. View more scholarship at the University of Tennessee College of Law Legal Studies Research Paper Series
.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 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
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
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
Massachusetts Reminds Youth Defense Attorneys to Consider State Constitutions, Kristina Kersey
Judicial Review in Public and Private Governance, Tomer S. Stein
The Constitutional Meaning of Financial Terms, Tomer S. Stein and Shelby Ponton
Does Apple Stifle or Promote Innovation, Maurice E. Stucke
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
HIPAA v. Dobbs, Wendy A. Bach and Nicolas Terry
The Law Fox Manifesto, 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
Prof. Sherley Cruz's Comments [comments], Sherley Cruz
Criminal Insider Trading in Personal Networks, Joan MacLeod Heminway
Toward a Non-Binary Vision of Disclosure Regulation, Joan MacLeod Heminway
Suffering in Search of a Methodological Frame: Interdisciplinarity in the Context of the Gendered Impact of Climate Migration, Becky L. Jacobs
Dark Connections, Lucille Jewel
Time is a Flat Circle: Lessons from Past and Present Conspiracy Theories, Lucy 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
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
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
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
The Relationship Between Privacy and Antitrust, Maurice Stucke
The Darker Sides of Digital Platform Innovation, Maurice E. Stucke and Ariel Ezrachi
Beware of Toxic Innovation, Maurice Stucke and Ariel Ezrachi
Beyond Repatriation: Combating Peacekeeper Sexual Abuse and Exploitation, Valorie K. Vojdik
Submissions from 2021
States as Laboratories for Charitable Compliance: An Empirical Study, Eric Franklin Amarante
Human Rights and Disinformation Under the Trump Administration: The Commission on Unalienable Rights, Robert C. Blitt
Civil Unrest and the Role of the Attorney General: A Comparison of Ramsey Clark to William Barr, Lonnie T. Brown Jr.
Criticizing Judges: A Lawyer's Professional Responsibility, Lonnie T. Brown Jr.
Essentially Unprotected, Sherley Cruz
A Few Quick Viewpoints on Viewpoint Diversity Shareholder Proposals, Joan MacLeod Heminway
Business Law and Lawyering in the Wake of COVID-19, Joan MacLeod Heminway
Federalized Corporate Governance: The Dream of William O. Douglas as Sarbanes-Oxley Turns 20, Joan MacLeod Heminway
History, Hope, and Healthy Skepticism, Joan MacLeod Heminway
The Rise of Directed Trusts and Why It Matters, Amy Morris Hess
If You Grant It, They Will Come: The History and Enduring Legal Legacy of Migratory Divorce, Michael J. Higdon
Lon Fuller: A Progenitor of the Pedagogy of Skills?, Becky Jacobs
Comparative Legal Rhetoric, Lucy Jewel
Commentary to Professor Moll's Presentation, Brian Krumm
Commentary to Dean Fershee's Presentation, George Kuney
Pulling the Wrong Lever Opens a Trap Door: Using Taxes to Fight the Opioid Epidemic, Michelle M. Kwon
All I Really Need to Know About Defamation Law in the 21st Century I Learned From Watching Hulk Hogan, Alex B. Long
Of Prosecutors and Prejudice (or "Do Prosecutors have an ethical obligation not to say racist stuff on social media?"), Alex B. Long
The Statutification of Tort Law Involving the Workplace, Alex B. Long