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
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
Ovaries, Testicles, and Uteruses, Oh My! Regulating Reproductive Tissue Transplants, Valarie K. Blake
The 2013 Review of the Children’s Health Insurance Program Reauthorization Act: A Call to Action, Valarie K. Blake and Kavita Shah Arora
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 A. 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
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 A. 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 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
Modern Chinese Real Estate Law: Property Development in an Evolving Legal System (Chapter 1), 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
An Article I Theory of the Inherent Powers of the Federal Courts, 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
It’s an ART not a Science: State-Mandated Insurance Coverage of Assisted Reproductive Technologies and Legal Implications for Gay and Unmarried Persons, Valarie K. Blake
Harmonization of Ethics Policies in Pediatric Research, Valarie K. Blake, Steve Joffe, and Eric Kodish
A Tribute to Bob Lloyd, Douglas A. Blaze
Defamation of Religion: Rumors of Its Death are Greatly Exaggerated, Robert C. Blitt