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 2012
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 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
A Tribute to Bob Lloyd, Douglas A. Blaze
Defamation of Religion: Rumors of Its Death are Greatly Exaggerated, Robert C. Blitt
Russia’s 'Orthodox' Foreign Policy: The Growing Influence of the Russian Orthodox Church in Shaping Russia’s Policies Abroad, Robert C. Blitt
The Bottom Up Journey of 'Defamation of Religion' from Muslim States to the United Nations: A Case Study of the Migration of Anti-Constitutional Ideas, Robert C. Blitt
Whither Secular Bear: The Russian Orthodox Church’s Strengthening Influence on Russia's Domestic and Foreign Policy, Robert C. Blitt
Deep Irony - The Law of the Gift, Iris Goodwin
A More Critical Use of Fairness Opinions as a Practical Approach to the Behavioral Economics of Mergers and Acquisitions, Joan MacLeod Heminway
Innovative Transactional Pedagogies, Joan MacLeod Heminway
Proceed at Your Peril: Crowdfunding and the Securities Act of 1933, Joan MacLeod Heminway
Sustaining Reform Efforts at the SEC: A Progress Report, Joan MacLeod Heminway
The Last Male Bastion: In Search of a Trojan Horse, Joan MacLeod Heminway
To Lynch a Child: Bullying and Gender Non-Conformity in Our Nation's Schools, Michael J. Higdon
I Can Has Lawyer? The Conflict Between the Participatory Culture of the Internet and the Legal Profession, Lucille Jewel
The Bramble Bush of Forking Paths: Digital Narrative, Procedural Rhetoric, and the Law, Lucille Jewel
You're Doing it Wrong: How the Anti-Law School Scam Blogging Movement Can Shape the Legal Profession, Lucille Jewel
Teaching Contract Drafting Using Real Contracts, Brian Krumm, Sharon Pocock, and Shelley Dunck
Bamboozled? Anatomy of a Bankruptcy: Baystate v. Bowers and its Aftermath, George W. Kuney
The Tax Man's Ethics: Four of the Hardest Ethical Questions for an IRS Lawyer, Michelle M. Kwon
Employment Retaliation and the Accident of Text, Alex B. Long
Rethinking the Giant Mess That is Employment Discrimination Law, Alex B. Long
The Freewheelin' Judiciary: A Bob Dylan Anthology, Alex B. Long
Crisis in the Mortgage Finance Market: The Nature of the Mortgage Loan and Regulatory Reform, Thomas E. Plank
Foreword: Divine Operating System?, Glenn Harlan Reynolds
How IDEA Fails Families Without Means: Causes and Corrections from the Frontlines of Special Education Lawyering, Dean Rivkin
Truancy Prosecutions of Students and the Right [To] Education, Dean Rivkin
Righting the Historical Record: A Case for Appellate Jurisdiction Over Appeals of Sentences for Reasonableness Under 28 U.S.C. § 1291, Briana Lynn Rosenbaum
Harming Business Clients with Zealous Advocacy: Rethinking the Attorney Advisor's Touchstone, Paula Schaefer
Transactional Lawyers and Inadvertent Disclosure, Paula Schaefer
Crony Capitalism and Antitrust, Maurice Stucke
Reconsidering Competition, Maurice Stucke
Antitrust Review of the AT&T/T-Mobile Transaction, Maurice Stucke and Allen Grunes
Why More Antitrust Immunity for the Media is a Bad Idea, Maurice Stucke and Allen Grunes
Behavioral Antitrust, Maurice Stucke and Amanda P. Reeves
Quieting Cognitive Bias with Standards for Witness Communications, Melanie Wilson
Submissions from 2010
How to Avoid the Constraints of Rule 10b-5(b): A First Circuit Guide for Underwriters, Eric Franklin Amarante
Governance, Accountability and the New Poverty Agenda, Wendy A. Bach
Against Civil Gideon (and for Pro Se Court Reform), Benjamin H. Barton
The Lawyer-Judge Hypothesis, Benjamin H. Barton
Private Oppression: How Laws That Protect Privacy Can Lead to Oppression, Teri Dobbins Baxter
One New President, One New Patriarch and a Generous Disregard for the Constitution: A Recipe for the Continuing Decline of Secular Russia, Robert C. Blitt
Should New Bills of Rights Address Emerging International Human Rights Norms? The Challenge of 'Defamation of Religion', Robert C. Blitt
Atticus Finch: Christian or Civic Hero - A Response to Professor McMillian, Judy Cornett
Trick or Treat - Summary Judgment in Tennessee after Hannan v. Alltel Publishing Co., Judy Cornett
Book Review - Richard Hyland's Gifts: A Study in Comparative Law, Iris Goodwin
How the Rich Stay Rich: Using a Family Trust Company to Secure a Family Fortune, Iris Goodwin
Federal Interventions in Private Enterprise in the United States: Their Genesis in and Effects on Corporate Finance Instruments and Transactions, Joan MacLeod Heminway
Reframing and Reforming the Securities and Exchange Commission: Lessons from Literature on Change Leadership, Joan MacLeod Heminway
The Best of Times, the Worst of Times: Securities Regulation Scholarship and Teaching in the Global Financial Crisis, Joan MacLeod Heminway
Contingent Equal Protection: Reaching for Equality After Ricci and PICS, Jennifer S. Hendricks
Estate Planning for the Baby Boomer, Amy Morris Hess
Something Judicious this Way Comes... The Use of Foreshadowing as a Persuasive Device in Judicial Narrative, Michael J. Higdon
When the Case Gives You Lemons ... Using Negative Authority in Persuasive Legal Writing, Michael J. Higdon
The Girl from Ipanema at Risk: Women's Health and the Physical Environment, Becky Jacobs
Through a Glass Darkly: Using Brain Science and Visual Rhetoric to Gain a Professional Perspective on Visual Advocacy, Lucille Jewel