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 2003
Reflections on the Killing State: A Cultural Study of the Death Penalty in the Twentieth Century United States, Dwight Aarons
An Institutional Analysis of Lawyer Regulation: Who Should Control Lawyer Regulation - Courts, Legislatures, or the Market, Benjamin H. Barton
Enron's Tangled Web: Complex Relationships; Unanswered Questions, Joan MacLeod Heminway
Materiality Guidance in the Context of Insider Trading: A Call to Action, Joan MacLeod Heminway
Save Martha Stewart? Observations About Equal Justice in U.S. Insider Trading Regulation, Joan MacLeod Heminway
Buying Assets in Tennessee: An Annotated Model Tennessee Asset Purchase Agreement, Joan MacLeod Heminway and Angela Humphreys Hamilton
Pesification and Economic Crisis in Argentina: The Moral Hazard Posed by a Politicized Supreme Court, Becky Jacobs
Bankruptcy and Recovery of Tort Damages, George Kuney
Why Rite Aid is Wrong, Don Leatherman
The ADA's Reasonable Accommodation Requirement and Innocent Third Parties, Alex B. Long
Nanotechnology and Regulatory Policy: Three Futures, Glenn Harlan Reynolds
Telling Miller's Tale, Glenn Harlan Reynolds
The House That Ruth Built, Gregory M. Stein
Evaluating the Risks of Market Swaps, Maurice Stucke
A Response and Retort, Penny White
Mourning and Celebrating Gideon's Fortieth, Penny White
Rescuing the Confrontation Clause, Penny White
Submissions from 2002
Misinterpreting Bankruptcy Code Section 363(f) and Undermining the Chapter 11 Process, George Kuney
An Historical Perspective on Judicial Selection Methods in Virginia and West Virginia, Alex B. Long
Bankruptcy and Federalism, Thomas E. Plank
Bankruptcy Professionals, Debtor Dominance, and the Future of Bankruptcy: A Review and a Rhapsody on a Theme, Thomas E. Plank
Takings in the 21st Century: Reasonable Investment-Backed Expectations after Palazzolo and Tahoe-Sierra, Gregory M. Stein
Gender Outlaws: Challenging Masculinity in Traditionally Male Institutions, Valorie K. Vojdik
The Invisibility of Gender in War, Valorie K. Vojdik
Judging Judges: Securing Judicial Independence by Use of Judicial Performance Evaluations, Penny White
Submissions from 2001
Borders, Fran Ansley
Inclusive Boundaries and Other (Im)possible Paths Toward Community Development in a Global World, Fran Ansley
The Legacy of Byrd v. Hall: Gossiping about Summary Judgement in Tennessee, Judy Cornett
Don't Cheat; Escheat - What Every Business Lawyer Ought to Know about Tennessee's Abandoned Property Laws, Joan MacLeod Heminway
The Limited Security Interest in Non-Assignable Collateral under Revised Article 9, Thomas E. Plank
Constitutional 'Incidents': Interpretation in Real Time, Glenn Harlan Reynolds
Environmental Regulation of Nanotechnology: Some Preliminary Observations, Glenn Harlan Reynolds
Guns, Privacy, and Revolution, Glenn Harlan Reynolds
When Can a Nonrecourse Lender Reach the Personal Assets of Its Borrower, Gregory M. Stein
Antitrust and the Marketplace of Ideas, Maurice Stucke and Allen Grunes
Errors and Ethics: Dilemmas in Death, Penny White
Submissions from 2000
Recognizing Race in the American Legal Canon, Fran Ansley
Tortious Interference with Business Relations: "The Other White Meat" of Employment Law, Alex B. Long
The Bankruptcy Trust as a Legal Person, Thomas E. Plank
The Creditor in Possession under the Bankruptcy Code: History, Text, and Policy, Thomas E. Plank
Review Essay: Of Dissent and Discretion, Glenn Harlan Reynolds
The Evolving Police Power: Some Observations for a New Century, Glenn Harlan Reynolds
The Proper Scope of the Copyright and Patent Power, Glenn Harlan Reynolds
Who Gets the Takings Claim? Changes in the Land Use Law, Pre-Enactment Owners, and Post-Enactment Buyers, Gregory M. Stein
Newly Available, Not Newly Discovered, Penny White
Submissions from 1999
Pioneers in the Legal Profession: Some of the First African-American and Women Lawyers in Tennessee, Dwight Aarons
Something Seems Fishy - The Application of the Fourth Amendment to Coast Guard Searches of Vessels: United States v. Boynes Note, Lucille Jewel
Are Separate Liability Losses Separate for Consolidated Groups?, Don Leatherman
Characterizing the Regulatory and Judicial Setting, Mary L. Lyndon and Dean Rivkin
The Orphan Drug Act: What's Right with It, Gary Pulsinelli
"Thank God for the Lawyers": Some Thoughts on the (Mis)regulation of Scientific Misconduct, Glenn Harlan Reynolds
Lawyering, Power, and Reform: The Legal Campaign to Abolish the Broad form Mineral Deed, Dean Rivkin
Can Lightning Strike Twice - Obligations of State Courts after Pulley v. Harris, Penny White
Judicial Independence: Second Steps, Penny White
Submissions from 1998
Can Inordinate Delay between a Death Sentence and Execution Constitute Cruel and Unusual Punishment?, Dwight Aarons
Getting out of this Mess: Steps Toward Addressing and Avoiding Inordinate Delay in Capital Cases, Dwight Aarons
Rethinking Law in Globalizing Labor Markets, Fran Ansley
A Good Walk Spoiled: Casey Martin and the ADA's Reasonable Accommodation Requirement in Competitive Settings, Alex B. Long
The Outer Boundaries of the Bankruptcy Estate, Thomas E. Plank
Why Bankruptcy Judges Need Not and Should Not be Article III Judges, Thomas E. Plank
Alcohol, Firearms, and Constitutions, Glenn Harlan Reynolds
Afterward: A Thought about Feminist Litigation Strategies, Valorie K. Vojdik
Master, Justice, Chancellor Kent: His Legacy for Today's Judges, Penny White
Submissions from 1997
Classifying Race, Racializing Class, Fran Ansley
Inclusive Teaching Methods Across the Curriculum: Academic Resource and Law Teachers Tie a Knot at the AALS, Fran Ansley
Researching for Democracy and Democratizing Research, Fran Ansley
Hoodwink'd by Custom: The Exclusion of Women from Juries in Eighteenth-Century English Law and Literature, Judy Cornett
Basic Brownfields, Becky Jacobs
Move over Marcus Welby, M.D. and Make Way for Managed Care: The Implications of Capitation, Gag Clauses, and Economic Credentialing, Michelle M. Kwon
Addressing the Cloud over Employee References: A Survey of Recently Enacted State Legislation, Alex B. Long
Comfortably Penumbral, Glenn Harlan Reynolds
Space Resources, Common Property, and the Collective Action Problem, Glenn Harlan Reynolds
Taking Federalism Seriously: Lopez and the Partial-Birth Abortion Ban Act, Glenn Harlan Reynolds
Reflections on Lawyering for Reform: Is the Highway Alive Tonight, Dean Rivkin
Girls' Schools after VMI: Do They Make the Grade, Valorie K. Vojdik
An America without Judicial Independence, Penny White
If Justice Is for All, Who Are Its Constituents?, Penny White
Submissions from 1996
Measuring Poverty: A New Approach, Benjamin H. Barton
The Internet for Legal Information: The U.S. Experience, Scott Childs
The Constitutional Limits of Bankruptcy, Thomas E. Plank
The Essential Elements of Judicial Independence and the Experience of Pre-Soviet Russia, Thomas E. Plank
It Takes a Militia: A Communitarian Case for Compulsory Arms Bearing, Glenn Harlan Reynolds
The Second Amendment and States' Rights: A Thought Experiment, Glenn Harlan Reynolds
Virtual Realities and Virtual Welters: A Note on the Commerce Clause Implications of Regulating Cyberporn, Glenn Harlan Reynolds
At War: Narrative Tactics in the Citadel and VMI Litigation, Valorie K. Vojdik
It's a Wonderful Life, or Is It - America without Judicial Independence, Penny White
Judicial Courage and Judicial Independence, Penny White
State v. Tilson, Penny White
Yesterday's Vision, Tomorrow's Challenge: Case Management and Alternative Dispute Resolution in Tennessee, Penny White
Submissions from 1995
Disciplinary Differences, Dwight Aarons
The Gulf of Mexico, the Academy, and Me, Fran Ansley
Religion-Based Peremptory Challenges After Batson v. Kentucky and J.E.B. v. Alabama: An Equal Protection and First Amendment Analysis, Benjamin H. Barton
Freeing Property Owners from the Rap Trap: Tennessee Adopts the Uniform, Amy Morris Hess
The Storm Water Regulatory Scheme: Washing an Industry Down the Drain?, Becky Jacobs and Kathy Beckett