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 2015
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
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
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
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 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