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

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Submissions from 2002

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Bankruptcy and Federalism, Thomas E. Plank

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Bankruptcy Professionals, Debtor Dominance, and the Future of Bankruptcy: A Review and a Rhapsody on a Theme, Thomas E. Plank

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Takings in the 21st Century: Reasonable Investment-Backed Expectations after Palazzolo and Tahoe-Sierra, Gregory M. Stein

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Gender Outlaws: Challenging Masculinity in Traditionally Male Institutions, Valorie K. Vojdik

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The Invisibility of Gender in War, Valorie K. Vojdik

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Judging Judges: Securing Judicial Independence by Use of Judicial Performance Evaluations, Penny White

Submissions from 2001

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Borders, Fran Ansley

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Inclusive Boundaries and Other (Im)possible Paths Toward Community Development in a Global World, Fran Ansley

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The Legacy of Byrd v. Hall: Gossiping about Summary Judgement in Tennessee, Judy Cornett

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Don't Cheat; Escheat - What Every Business Lawyer Ought to Know about Tennessee's Abandoned Property Laws, Joan MacLeod Heminway

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The Disconnect between At-Will Employment and Tortious Interference with Business Relations: Rethinking Tortious Interference Claims in the Employment Context, Alex B. Long

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The Limited Security Interest in Non-Assignable Collateral under Revised Article 9, Thomas E. Plank

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Constitutional 'Incidents': Interpretation in Real Time, Glenn Harlan Reynolds

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Environmental Regulation of Nanotechnology: Some Preliminary Observations, Glenn Harlan Reynolds

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Guns, Privacy, and Revolution, Glenn Harlan Reynolds

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When Can a Nonrecourse Lender Reach the Personal Assets of Its Borrower, Gregory M. Stein

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Antitrust and the Marketplace of Ideas, Maurice Stucke and Allen Grunes

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Errors and Ethics: Dilemmas in Death, Penny White

Submissions from 2000

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Recognizing Race in the American Legal Canon, Fran Ansley

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Tortious Interference with Business Relations: "The Other White Meat" of Employment Law, Alex B. Long

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The Bankruptcy Trust as a Legal Person, Thomas E. Plank

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The Creditor in Possession under the Bankruptcy Code: History, Text, and Policy, Thomas E. Plank

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Review Essay: Of Dissent and Discretion, Glenn Harlan Reynolds

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The Evolving Police Power: Some Observations for a New Century, Glenn Harlan Reynolds

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The Proper Scope of the Copyright and Patent Power, Glenn Harlan Reynolds

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Who Gets the Takings Claim? Changes in the Land Use Law, Pre-Enactment Owners, and Post-Enactment Buyers, Gregory M. Stein

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Newly Available, Not Newly Discovered, Penny White

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Surviving the Politics of Judging - National Association of Administrative Law Judges Luncheon Address - September 13, 1999, Penny White

Submissions from 1999

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Pioneers in the Legal Profession: Some of the First African-American and Women Lawyers in Tennessee, Dwight Aarons

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Something Seems Fishy - The Application of the Fourth Amendment to Coast Guard Searches of Vessels: United States v. Boynes Note, Lucille Jewel

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Are Separate Liability Losses Separate for Consolidated Groups?, Don Leatherman

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Characterizing the Regulatory and Judicial Setting, Mary L. Lyndon and Dean Rivkin

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The Orphan Drug Act: What's Right with It, Gary Pulsinelli

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"Thank God for the Lawyers": Some Thoughts on the (Mis)regulation of Scientific Misconduct, Glenn Harlan Reynolds

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Lawyering, Power, and Reform: The Legal Campaign to Abolish the Broad form Mineral Deed, Dean Rivkin

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Breaking the Most Vulnerable Branch: Do Rising Threats to Judicial Independence Preclude Due Process in Capital Cases?, Penny White

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Can Lightning Strike Twice - Obligations of State Courts after Pulley v. Harris, Penny White

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Judicial Independence: Second Steps, Penny White

Submissions from 1998

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Can Inordinate Delay between a Death Sentence and Execution Constitute Cruel and Unusual Punishment?, Dwight Aarons

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Getting out of this Mess: Steps Toward Addressing and Avoiding Inordinate Delay in Capital Cases, Dwight Aarons

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Rethinking Law in Globalizing Labor Markets, Fran Ansley

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A Good Walk Spoiled: Casey Martin and the ADA's Reasonable Accommodation Requirement in Competitive Settings, Alex B. Long

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The Outer Boundaries of the Bankruptcy Estate, Thomas E. Plank

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Why Bankruptcy Judges Need Not and Should Not be Article III Judges, Thomas E. Plank

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Alcohol, Firearms, and Constitutions, Glenn Harlan Reynolds

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Afterward: A Thought about Feminist Litigation Strategies, Valorie K. Vojdik

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Master, Justice, Chancellor Kent: His Legacy for Today's Judges, Penny White

Submissions from 1997

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Classifying Race, Racializing Class, Fran Ansley

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Inclusive Teaching Methods Across the Curriculum: Academic Resource and Law Teachers Tie a Knot at the AALS, Fran Ansley

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Researching for Democracy and Democratizing Research, Fran Ansley

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Hoodwink'd by Custom: The Exclusion of Women from Juries in Eighteenth-Century English Law and Literature, Judy Cornett

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Basic Brownfields, Becky Jacobs

Basic Brownfields, Becky Jacobs

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Move over Marcus Welby, M.D. and Make Way for Managed Care: The Implications of Capitation, Gag Clauses, and Economic Credentialing, Michelle M. Kwon

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Addressing the Cloud over Employee References: A Survey of Recently Enacted State Legislation, Alex B. Long

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Comfortably Penumbral, Glenn Harlan Reynolds

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Space Resources, Common Property, and the Collective Action Problem, Glenn Harlan Reynolds

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Taking Federalism Seriously: Lopez and the Partial-Birth Abortion Ban Act, Glenn Harlan Reynolds

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Reflections on Lawyering for Reform: Is the Highway Alive Tonight, Dean Rivkin

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Girls' Schools after VMI: Do They Make the Grade, Valorie K. Vojdik

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An America without Judicial Independence, Penny White

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If Justice Is for All, Who Are Its Constituents?, Penny White

Submissions from 1996

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Measuring Poverty: A New Approach, Benjamin H. Barton

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The Internet for Legal Information: The U.S. Experience, Scott Childs

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The Constitutional Limits of Bankruptcy, Thomas E. Plank

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The Essential Elements of Judicial Independence and the Experience of Pre-Soviet Russia, Thomas E. Plank

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It Takes a Militia: A Communitarian Case for Compulsory Arms Bearing, Glenn Harlan Reynolds

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The Second Amendment and States' Rights: A Thought Experiment, Glenn Harlan Reynolds

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Virtual Realities and Virtual Welters: A Note on the Commerce Clause Implications of Regulating Cyberporn, Glenn Harlan Reynolds

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At War: Narrative Tactics in the Citadel and VMI Litigation, Valorie K. Vojdik

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It's a Wonderful Life, or Is It - America without Judicial Independence, Penny White

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Judicial Courage and Judicial Independence, Penny White

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State v. Tilson, Penny White

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Yesterday's Vision, Tomorrow's Challenge: Case Management and Alternative Dispute Resolution in Tennessee, Penny White

Submissions from 1995

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Disciplinary Differences, Dwight Aarons

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The Gulf of Mexico, the Academy, and Me, Fran Ansley

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Religion-Based Peremptory Challenges After Batson v. Kentucky and J.E.B. v. Alabama: An Equal Protection and First Amendment Analysis, Benjamin H. Barton

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Freeing Property Owners from the Rap Trap: Tennessee Adopts the Uniform, Amy Morris Hess

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The Storm Water Regulatory Scheme: Washing an Industry Down the Drain?, Becky Jacobs and Kathy Beckett

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Counsel's Corner, George Kuney

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A Critical Guide to the Second Amendment, Glenn Harlan Reynolds

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Culture Clash: Law and Science in America, Glenn Harlan Reynolds

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Is Democracy Like Sex?, Glenn Harlan Reynolds

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Up in Arms About a Revolting Movement, Glenn Harlan Reynolds

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Pinpointing the Beginning and Ending of a Temporary Regulatory Taking, Gregory M. Stein

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Regulatory Takings and Ripeness in the Federal Courts, Gregory M. Stein

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Caudill v. Consolidation Coal Company, Penny White

Submissions from 1994

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Starting with the Students: Lessons from Popular Education, Fran Ansley

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The Treachery of Perception: Evidence and Experience in Clarissa, Judy Cornett

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High Speed Ground Transportation Systems: A Future Component of America's Intermodal Network?, Brian Krumm

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Sacred Cows and Workhorses: The Sale of Accounts and Chattel Paper under the U.C.C. and the Effects of Violating a Fundamental Drafting Principle, Thomas E. Plank

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Legislative Comment: The Omnibus Space Commercialization Act of 1993, Glenn Harlan Reynolds

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The Right to Keep and Bear Arms Under the Tennessee Constitution: A Case Study in Civic Republican Thought, Glenn Harlan Reynolds

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Doing Environmental Justice in Appalachia: Lawyers at the Grassroots and the Aspiration of Social Change, Dean Rivkin

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10 Things They Never Taught You in Law School, Penny White

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A Survey of Tennessee Supreme Court Death Penalty Cases in the 1990s, Penny White

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Drennon v. General Electric Company, Penny White

Submissions from 1993

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Standing Rusty and Rolling Empty: Law, Poverty, and America's Eroding Industrial Base, Fran Ansley

Submissions from 1992

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A Civil Rights Agenda for the Year 2000: Confessions of an Identity Politician, Fran Ansley

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North American Free Trade Agreement: The Public Debate, Fran Ansley