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 2006

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Does Power Grow Out of the Barrel of a Modem? Some Thoughts on Jack Goldsmith and Tim Wu's 'Who Controls the Internet?', Glenn Harlan Reynolds

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Libel in the Blogosphere: Some Preliminary Thoughts, Glenn Harlan Reynolds

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Looking Ahead: October Term 2007, Glenn Harlan Reynolds

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Acquiring Land Use Rights in Today's China: A Snapshot from on the Ground, Gregory M. Stein

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Nuance and Complexity in Regulatory Takings Law, Gregory M. Stein

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Morality and Antitrust, Maurice Stucke

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In Booker's Shadow: Restitution Forces a Second Debate on Honesty in Sentencing, Melanie Wilson

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The Price of Pretrial Release: Can We Afford to Keep Our Fourth Amendment Rights?, Melanie Wilson

Submissions from 2005

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Book Review: A Strike Like No Other Strike: Law and Resistance during the Pittston Coal Strike of 1989 - 1990, Fran Ansley

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Going On-Line with Justice Pedagogy: Four Ways of Looking at a Web Site, Fran Ansley

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Losing Faith: Extracting the Implied Covenant of Good Faith from (Some) Contracts, Teri Dobbins Baxter

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The Hidden Costs of Contracting: Barriers to Justice in the Law of Contracts, Teri Dobbins Baxter

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The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries, Robert C. Blitt

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Who Will Watch the Watchdogs?: International Human Rights Nongovernmental Organizations and the Case for Regulation, Robert C. Blitt

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Donor Standing to Enforce Charitable Gifts: Civil Society vs. Donor Empowerment, Iris Goodwin

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license, intellectual property, asset purchase, acquisition, disposition, contract drafting, Tennessee, Joan MacLeod Heminway

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Rock, Paper, Scissors: Choosing the Right Vehicle for Federal Corporate Governance Initiatives, Joan MacLeod Heminway

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The Feminist Pervasion: How Gender-Based Scholarship Informs Law and Law Teaching, Joan MacLeod Heminway, Ann Bartow, F. Carolyn Graglia, and Deseriee A. Kennedy

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Brazil's Agricultural Trade War: Success and Failure on the Southern Route to Antarctica, Becky Jacobs

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Covenants Not to Compete: Time for Legislative and Judicial Reform in Tennessee, Brian Krumm

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Jerry Phillips' Product Line Continuity and Successor Corporation Liability: Where Are We Twenty Years Later, George Kuney

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Affiliated and Related Corporations, Don Leatherman

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Attorney Liability for Tortious Interference: Interference with Contractual Relations or Interference with the Practice of Law?, Alex B. Long

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Introduction: Assessing the Future of the Legal Profession Symposium, Alex B. Long

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The Business of Law and Tortious Interference, Alex B. Long

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International Space Law in Transformation: Some Observations, Glenn Harlan Reynolds

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Live Long - And Prosper?, Glenn Harlan Reynolds

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Space Law in Its Second Half-Century, Glenn Harlan Reynolds

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What Hath Raich Wrought? Five Takes, Glenn Harlan Reynolds

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Environmental Justice: A Universal Discourse, Dean Rivkin

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Early Land Use Cases, Continued Uncertainty - The Religious Land Use and Institutionalized Persons Act, Gregory M. Stein

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Evaluating the Risks of Increased Price Transparency, Maurice Stucke

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Beyond Stereotyping in Equal Protection Doctrine: Reframing the Exclusion of Women from Combat, Valorie K. Vojdik

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Since When Is Dicta Enough to Trump Fourth Amendment Rights - The Aftermath of Florida v. J.L., Melanie Wilson

Submissions from 2004

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Law Student Field Projects in Community Law, Fran Ansley

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Review: "The Emperor of Ocean Park": The Quintessence of Legal Academia, Benjamin H. Barton

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The Aba, the Rules, and Professionalism: The Mechanics of Self-Defeat and a Call for a Return to the Ethical, Moral, and Practical Approach of the Canons, Benjamin H. Barton

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Protecting the Unpopular from the Unreasonable: Warrantless Monitoring of Attorney Client Communications in Federal Prisons, Teri Dobbins Baxter

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Materiality Guidance in the Context of Insider Trading: A Call to Action, Joan M. Heminway

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Buying Stock in Tennessee: An Annotated Model Tennessee Stock Purchase Agreement, Joan MacLeod Heminway

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PMS HAHAcronym: Perpetuating Male Superiority, Becky Jacobs

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Policy and Praxis: A Role for LatCrit "Institutional-Class Analysis" in Latin American Judicial Reform, Becky Jacobs

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Hijacking Chapter 11, George Kuney

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Let's Make It Official: Adding an Explicit Preplan Sale Process as an Alternative Exit from Bankruptcy, George Kuney

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State Anti-Discrimination Law as a Model for Amending the Americans with Disabilities Act, Alex B. Long

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The Erie Doctrine and Bankruptcy, Thomas E. Plank

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The Security of Securitization and the Future of Security, Thomas E. Plank

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Marbury's Mixed Messages, Glenn Harlan Reynolds

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Space Law in the 21st Century: Some Thoughts in Response to the Bush Administration's Space Initiative, Glenn Harlan Reynolds

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The Use of Rules and Standards to Define a Transsexual's Sex for the Purpose of Marriage: An Argument for a Hybrid Approach, Briana L. Rosenbaum

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Survey of Developments in Indiana Family, Paula Schaefer

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A Matter of Perspective, Penny White

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Preserving the Legacy: A Tribute to Chief Justice Harry L. Carrico, One Who Exalted Judcial Independence - Part One: Words Honoring Chief Justice Carrico, Penny White

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Preserving the Legacy: A Tribute to Chief Justice Harry L. Carrico, One Who Exalted Judcial Independence - Part Two: The Good, the Bad, and the [Very, Very] Ugly and (Its Postscript), a Fistful of Dollars, Penny White

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Some Appeasement for Professor Tushnet, Penny White

Submissions from 2003

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Reflections on the Killing State: A Cultural Study of the Death Penalty in the Twentieth Century United States, Dwight Aarons

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An Institutional Analysis of Lawyer Regulation: Who Should Control Lawyer Regulation - Courts, Legislatures, or the Market, Benjamin H. Barton

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Enron's Tangled Web: Complex Relationships; Unanswered Questions, Joan MacLeod Heminway

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Materiality Guidance in the Context of Insider Trading: A Call to Action, Joan MacLeod Heminway

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Save Martha Stewart? Observations About Equal Justice in U.S. Insider Trading Regulation, Joan MacLeod Heminway

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Buying Assets in Tennessee: An Annotated Model Tennessee Asset Purchase Agreement, Joan MacLeod Heminway and Angela Humphreys Hamilton

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Pesification and Economic Crisis in Argentina: The Moral Hazard Posed by a Politicized Supreme Court, Becky Jacobs

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Bankruptcy and Recovery of Tort Damages, George Kuney

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Why Rite Aid is Wrong, Don Leatherman

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"Stop Me before I Vote for This Judge Again": Judicial Conduct Organizations, Judicial Accountability, and the Disciplining of Elected Judges, Alex B. Long

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The ADA's Reasonable Accommodation Requirement and Innocent Third Parties, Alex B. Long

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Nanotechnology and Regulatory Policy: Three Futures, Glenn Harlan Reynolds

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Telling Miller's Tale, Glenn Harlan Reynolds

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The House That Ruth Built, Gregory M. Stein

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Evaluating the Risks of Market Swaps, Maurice Stucke

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A Response and Retort, Penny White

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Legal, Political, and Ethical Hurdles to Applying International Human Rights Law in the State Courts of the United States (and Arguments for Scaling Them), Penny White

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Mourning and Celebrating Gideon's Fortieth, Penny White

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Rescuing the Confrontation Clause, Penny White

Submissions from 2002

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Further Misinterpretation of Bankruptcy Code Secion 363(f): Elevating In Rem Interests and Promoting the Use of Property Law to Bankruptcy-Proof Real Estate Developments, George Kuney

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Misinterpreting Bankruptcy Code Section 363(f) and Undermining the Chapter 11 Process, George Kuney

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An Historical Perspective on Judicial Selection Methods in Virginia and West Virginia, Alex B. Long

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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