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 2016
Going Paperless and Beyond: Attorney's Guide to a Mobile Law Practice, Eliza Boles
Recognizing and Reinvigorating Medical Necessity, Isaac "Zack" D. Buck
Furthering the Fiduciary Metaphor: The Duty of Providers to the Payers of Medicare, Isaac ("Zack") D. Buck
Overtreatment and Informed Consent: A Fraud-Based Solution to Unwanted and Unnecessary Care, Isaac ("Zack") D. Buck
Comin' through the Rye: A Requiem for the Tennessee Summary Judgment Standard, Judy Cornett
Four Reasons Why Readers Hate Go Set a Watchman (and One Reason Why I Don't), Judy Cornett
Access to Justice: What to Do about the Law of Wills, Iris Goodwin
Crowdfunding and the Public/Private Divide in U.S. Securities Regulation, Joan MacLeod Heminway
Managing Third-Party Platform Litigation Risk in Crowdfunding: Terms, Pricing, and Reputation, Joan MacLeod Heminway
(Not) Holding Firms Criminally Responsible for the Reckless Insider Trading of Their Employees, Joan MacLeod Heminway
The Death of an LLC: What's Trending in LLC Dissolution Law, Joan MacLeod Heminway
The Role of Business Counsel As Compliance Gatekeepers: Toward Understanding and Combatting Reckless Disregard for Legal and Ethical Compliance in Business Entities, Joan MacLeod Heminway
Fresh Approaches to Teaching Transactional Drafting, Joan MacLeod Heminway, Richard K. Neumann Jr., and Katherine M. Koops
Beyond the Metatheoretical: Implicit Bias in Law Review Article Selection, Michael J. Higdon
Oral Advocacy and Vocal Fry: The Unseemly, Sexist Side of Nonverbal Persuasion, Michael J. Higdon
Mandatory ADR Notice Requirements: Gender Themes and Intentionality in Policy Discourse, Becky Jacobs
The Role of Law in Reducing Barriers to Citizens Participation in Community-Based Natural Resource Management Models, Becky Jacobs
Classcrits 8: New Spaces for Collaboration and Contemplation [comments], Lucille Jewel and Wendy Bach
Good Ole Rocky Top: Rocky Top Tennessee, Brian Krumm
Comments on Regulations Enabling Elections for Certain Transactions Under Section 336(e), Don Leatherman
Employment Discrimination in the Legal Profession: A Question of Ethics?, Alex B. Long
Making Sense of Mid-Term Modifications of at-Will Employment Contracts, Alex B. Long
The Lawyer as Public Figure for First Amendment Purposes, Alex B. Long
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
Brands, Competition Law and IP, Maurice Stucke
Introduction: Big Data and Competition Policy, Maurice Stucke
Is Your Digital Assistant Devious?, Maurice Stucke
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
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 Jewel
Oil and Water: How Legal Education's Doctrine and Skills Divide Reproduces Toxic Hierarchies, Lucille 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
A Response to Professor Sperino's Retaliation and the Unreasonable Judge, Alex B. Long
Finding New Inspiration in the ADAAA, Alex B. Long
The Symbiotic Relationship between Privacy Law and Anti-Discrimination Law, Alex B. Long
What Is Even More Troubling about the "Tortification" of Employment Discrimination, Alex B. Long
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
Teaching the Newly Essential Knowledge, Skills, and Values in a Changing World, Paula Schaefer, Lisa Bliss, Robin A. Boyle, Sylvia B. Caley, and Deborah L. Rhode
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., Fran 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
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
Fundamental Changes in the LLC: A Study in Path-Divergence and Convergence, 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 Jewel
The Doctrine of Legal Writing - Book Review of Linda H. Edwards's Readings in Persuasion: Briefs that Changed the World, Lucille Jewel
The Indie Lawyer of the Future: How New Technology, Cultural Trends, and Market Forces Can Transform the Solo Practice of Law, Lucille 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
Employer Retaliation Policies and the Retaliation Catch-22, Alex B. Long
Reasonable Accommodation as Professional Responsibility, Reasonable Accommodation as Professionalism, Alex B. Long