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 2014
Employer Retaliation Policies and the Retaliation Catch-22, Alex B. Long
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
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
Business Torts and Unfair Competition Handbook, 3rd edn, Maurice Stucke
How Can Competition Agencies Use Behavioral Economics?, Maurice Stucke
In Search of Effective Ethics & Compliance Programs, Maurice Stucke
Michael J. Sandel, What Money Can't Buy: The Moral Limits of Markets, 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
Sentencing Inequality versus Sentencing Injustice, Melanie Wilson
Submissions from 2013
The Marshall Hypothesis and the Rise of Anti-Death Penalty Judges, Dwight Aarons
Mandating Precontractual Disclosure, Eric Franklin Amarante
Tackling 'Arithmophobia': Teaching How to Read, Understand, and Analyze Financial Statements, Eric Franklin Amarante
A Glass Half Full Look at the Changes in the American Legal Market, Benjamin H. Barton
Measuring Diversity on the Supreme Court with Biodiversity Statistics, Benjamin H. Barton and Emily Moran
Tort Liability for Parents Who Choose Not to Vaccinate Their Children and Whose Unvaccinated Children Infect Others, Teri Dobbins Baxter
Caring Too Much: Misapplying the False Claims Act to Target Overtreatment, Isaac ("Zack") D. Buck
The Indefinite Quarantine: A Public Health Review of Chronic Inconsistencies in Sexually Violent Predator Statutes, Isaac ("Zack") D. Buck
Rationalizing Entity Law: Corporate Law and Alternative Entities (Part II), Joan MacLeod Heminway
Teaching Business Associations Law in the Evolving New Market Economy, Joan MacLeod Heminway
The New Intermediary on the Block: Funding Portals under the CROWDFUND Act, Joan MacLeod Heminway
To Be or Not to Be (a Security): Funding For-Profit Social Enterprises, Joan MacLeod Heminway
Willful Blindness, Plausible Deniability, and Tippee Liability: SAC, Steven Cohen, and the Court's Opinion in Dirks, Joan MacLeod Heminway
A Place in the Academy: Law Faculty Hiring and Socioeconomic Bias, Michael J. Higdon
The Legal Reader: An Exposé, Michael J. Higdon
A Series of Unfortunate Events in Rio, or, What I did on my Summer Vacation, Becky Jacobs
Tales of a Fourth Tier Nothing, a Response to Brian Tamanaha's Failing Law Schools, Lucille Jewel
A Case Study in Transactional Centers and Certificate/Concentration Programs: From Program Design to Student Experience, the Clayton Center for Entrepreneurial Law, Brian Krumm, Joan MacLeod Heminway, and Michael J. Higdon
Legal Form, Style, and Etiquette for Email, George Kuney
Preparing the Transactional Lawyer: From Doctrine to Practice, George Kuney
A Taxonomy and Evaluation of Successor Liability (Revisited), George W. Kuney
Addressing Shortfalls in Traditional Legal Education: UT's Concentrations and Capstones and Waller Lansden's Schola2Juris Program, George W. Kuney and Joseph Watson
A Survey of the Section 336(e) Regulations, Don Leatherman
The Scope of the General Utilities Repeal, Don Leatherman
Diminishing Retaliation Liability, Alex B. Long
What Casey Martin Has to Teach Us about Disability Discrimination in the Workplace, Alex B. Long
Ham Sandwich Nation: Due Process When Everything is a Crime, Glenn Harlan Reynolds
How to Stop Worrying and Learn to Love the Second Amendment: A Reply to Professor Magarian, Glenn Harlan Reynolds
The Laws of Spaceflight: A Guidebook for New Space Lawyers, Glenn Harlan Reynolds
No Child Left behind - Representing Youth and Families in Truancy Matters, Dean Rivkin
Sentence Appeals in England: Promoting Consistent Sentencing through Robust Appellate Review, Briana Lynn Rosenbaum
Technology's Triple Threat to the Attorney-Client Privilege, Paula Schaefer
The True Value of a Law Degree, or, Why Did Thurgood Marshall Go to Law School?, Gregory M. Stein
A Response to Commissioner Wright's Proposed Policy Statement Regarding Unfair Methods of Competition, Maurice Stucke
Looking at the Monopsony in the Mirror, Maurice Stucke
Should Competition Policy Promote Happiness?, Maurice Stucke
Teaching Antitrust after the Financial Crisis, Maurice Stucke
Use of Dominance, Unlawful Conduct, and Causation Under Section 36 of the New Zealand Commerce Act: A U.S. Perspective, Maurice Stucke
Sexual Violence Against Men and Women in War: A Masculinities Approach, Valorie K. Vojdik
Submissions from 2012
The Colorado Benefit Corporation Act’s Missed Opportunities, Eric Franklin Amarante
Talking Union in Two Languages Labor Rights and Immigrant Workers in East Tennessee, Fran Ansley
GINA, Privacy, & Antisubordination, Brad Areheart
The Anticlassification Turn in Employment Discrimination Law, Brad Areheart
Mobilization and Poverty Law: Searching for Participatory Democracy Amongst the Ashes of the War on Poverty, Wendy A. Bach
An Empirical Study of Supreme Court Justice Pre-Appointment Experience, Benjamin H. Barton
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
A Portrait of the Insider Trader as a Woman, Joan MacLeod Heminway
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
Using the NLRA to Nip Anticipatory Retaliation in the Bud, Alex B. Long
At the Intersection of Sovereignty and Contract: Traffic Cameras and the Privatization of Law Enforcement Power, William D. 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