LAW REVIEW ISSUE ARCHIVES

Volume 50, Book 1

Tyler Broker, Church and State Originalism

Jared E. Sunshine, "All States are Equal, but Some State Are More Equal Than Others": State Sovereignty Under the Equal-Footing Doctrine Through the Lens of Preadmission Status

Dyllan Moreno Taxman, Unratified Treaties and the Constitutionality of Signatory Obligations: A Conceptual Solution

Adam C. Blakenship, To Lapse or Not to Lapse: Does the Tennessee Antilapse Statute Further the Testator's Intent?

Dillan McQueen, Platforms and Police Departments: On the Risk of Contractual Liability for Social Media Surveillance of Political Activism

Hannah Fuson, Fourth Amendment Searches in First Amendment Spaces: Balancing Free Association with Law and Order in the Age of the Surveillance State.

Volume 50, Book 2

Benjamin Walther & Ryan S. Killian, Sufficiently Rooted in Precedent and Policy

Noah C. Chauvin, Unifying Establishment Clause Purpose, Standing, and Standards

Frank D. LoMonte, The "Social Media Discount" and First Amendment Exceptionalism

Chinmayi Sharma, Concentrated Digital Markets, Restrictive APIs, and the Fight for Internet Interoperability

Charlotte Nichols, Second Amendment Rights Come Second to Citizenship: Why Illegal Immigrants are not Included in "The People" of the Second Amendment

Carson Gilbert, Echoes of our Past: Examining the Effects of Childhood Trauma and Proposing a New Constitutional Bar to Capital Punishment

Volume 50, Book 3

Jason N. Summerfield, The Memphis Sand Aquifer and the Uncertain Jurisprudence Over Groundwater

Juan X. Franco, Abuses of the Act of State Doctrine

Schuyler C. Davis, No Substitution for Justice: Solving the Bruton Problem Through Per Se Trial Severance  

Jeanne M. Prendergast de Santos, To Be or Not to Be "Egregious": The Need for a Nationwide Egregiousness Standard in Immigration Removal Suppression Hearings

Eliza Jones, Nail in the Coffin: The Mandatory Arbitration Epidemic on Employee Sexual Harassment Claims

Raven Chism, Empowering Consumers as a Remedy for Unfair Business Practices in the Student Loan Servicing Market 

Ben M. Blackmon, Negligent Inspection - Grogan v. Uggla: Duties Owed to Third Parties in Property Inspection Mishaps

Volume 50, Book 4

Daniel Kiel, Annulment: Inside the Largest - and Briefest - School District Consolidation in American History

Robert Garda, Paul O'Neill, Charter Schools and Special Education: Ensuring Legal Compliance and Effectiveness Through Capacity Building

Erik J. Girvan, Towards a Problem-Solving Approach to Addressing Racial Disparities in School Discipline Under Anti-Discrimination Law

Dru Stevenson, Gun Violence as an Obstacle to Educational Equality 

Sarah Diem, Curtis Brewer, Sarah W. Walters, Elisha Reynolds, The (Un)Just City: San Antonio, Texas and Geographically Situating the Struggle for Opportunity

Benjamin M. Superfine, Alexios Rosario-Moore, Marc DeWit, Governance, Autonomy, and Accountability in Modern Education Reform: Implications for Educational Equity 

Rhonda M. Anthony, Steven L. Nelson, When Language Matters: Determining How States Define Equity Under Race to the Top Grant Applications and Every Student Succeeds Act Implementation Plans

Colin Donoghue, ICE Age: Preserving Access to Public Education for Undocumented Immigrants

Volume 49, Book 4

Steven J. Mulroy, Barriers at the Ballot Box Symposium Issue

Kimberly Breedon and A. Christopher Bryant, Counting the Votes: Electronic Voting Irregularities, Election Integrity, and Public Corruption

Ann Ravel, A New Kind of Voter Suppression in Modern Elections

Molly Danahy and Danielle Lang, Distortion in the Census: America's Oldest Gerrymander?

The Honorable Lynn Adelman, Political Fairness in Redistricting: What Wisconsin's Experience Teaches

Naila S. Awan, When Names Disappear: State Roll-Maintenance Practices

Hans A. von Spakovsky, The Myth of Voter Suppression and the Enforcement Record of the Obama Administration

Dr. Tracey B. Carter, Eliminating Barriers to Voting: How Allowing College Students to Use Their Student IDs to Vote in Certain Southeastern States Can Help Make Voting Great in America

Eugene D. Mazo, Finding Common Ground on Voter ID Laws

Nora Demleitner, Felon Disenfranchisement

Audrey M. Calkins, The Importance of Involvement on the Local Level

Bruce Ledewitz, Taking the Threat to Democracy Seriously

Volume 49, Book 3

ARTICLES

Cheryl Anderson, Making "Meaningful Access" Even Less Meaningful: Judicial Gatekeeping Under Title II of the Americans with Disabilities Act

Ryan Lefkowitz, What are You En(title)d Two? Protecting Individuals with Disabilities During Interactions with Law Enforcement Under Title II of the ADA

Benjamin Sundholm, Strict Liability for Genetic Privacy: Violations in the Age of Big Data

NOTES

Annabelle P. Harris, The Doctrine of Promissory Estoppel in an Arm's Length Commercial Transaction in Tennessee: A Primer

Chelsea E. Caldwell, Baby Got Back? Enforcing Guardianship in International Surrogacy Agreements When Tragedy Strikes

Colton L. Sadler, Sentencing Mulligans After Collateral Review: Scope of Resentencing Following a 28 U.S.C. § 2255 Motion to "Vacate, Set Aside or Correct the Sentence"

Harrison Donahoe, Who Watches the Watchmen? Monopolization of Modern Comic Book Distribution

Volume 49, Book 2

ARTICLES

Elizabeth R. McClellan, An Eighteenth-Century Statute Meets Twenty-First Century Procedural Due Process: The Dubious Constitutionality of Tennessee Prejudgment Attachment

Matthew A. Melone, Passing Through or Staying Awhile? C Corporations and Pass-Through Entities After Tax Reform

ESSAY

John S. Ehrett, Antifragile Policymaking: A Strategy for Institutional Response to the Social Science Reproducibility Crisis

NOTES

Whitney L. Robinson, Hazed and Confused: Overcoming Roadblocks to Liability by Clarifying a Duty of Care Through a Special Relationship Between a National Greek Life Organization and Local Chapter Members

Sean O'Brien, The Highly Sensitive Person's Redress for Intentional Infliction of Emotional Distress: Utilizing Experts in the Courtroom

L. Mathew Jehl, Amending Tennessee's Incapacity Statute: It "May Not Be a Sexy Story, But It's One, Frankly,
That . . . Will Help People"

COMMENT

Hayden T. Cherry, Fourth Amendment and No Trespassing Signs—State v. Christensen: An Unreasonable,
Reasonable Expectation

Volume 49, Book 1

INTRODUCTION

Demetria Frank & Daniel Kiel, Where Do We Go From Here: Memphis and the Legacy of Dr. King's Unfinished Work

REMARKS

Senator Doug Jones, MLK 50 Symposium: Where Do We Go From Here? Introduction to the Keynote Address

The Honorable Eric H. Holder, Jr., MLK 50 Symposium: Where Do We Go From Here? Keynote Address

CRIMINAL JUSTICE

Tracey Maclin & Maria Savarese, Martin Luther King, Jr. and Pretext Stops (and Arrests): Reflections on How Far We Have Not Come Fifty Years Later

Mark Osler, Short of the Mountaintop: Race Neutrality, Criminal Law, and the Jericho Road Ahead

Toussaint Losier, The Rise and Fall of the 1969 Chicago Jobs Campaign: Street Gangs, Coalition Politics, and the Origins of Mass Incarceration

VOTING RIGHTS

Richard L. Hasen, Civil Right No. 1: Dr. King's Unfinished Voting Rights Revolution

CONFRONTING PERSISTENT POVERTY

Dorothy E. Roberts, The Most Shocking and Inhuman Inequality: Thinking Structurally About Poverty, Racism, and Health Inequities

Tomiko Brown-Nagin, Just Schools: A Holistic Approach to the Education of Impoverished Students

Dorothy A. Brown, Homeownership in Black and White: The Role of Tax Policy in Increasing Housing Inequity

Dayna Bowen Matthew, "Lessons from The Other America" Turning a Public Health Lens on Fighting Racism and Poverty

Charles W. McKinney, Jr., Beyond Dreams and Mountains: Martin King's Challenge to the Arc of History

Beverly Daniel Tatum, Community or Chaos? Dialogue as Twenty-First Century Activism

Volume 48, Book 4

Editors & Staff, Foreword & Acknowledgements

ARTICLES, TRANSCRIPTS & ESSAYS

Hon. William E. Haslam, Tennessee Together: Governor's Welcome

Michael J. Malinowski, The U.S. Science and Technology "Triple Threat": A Regulatory Treatment Plan for the Nation's Addiction to Prescription Opioids

Katherine B. Steuer, Dakasha Winton, Shawn M. Hamm & Cassandra Howard, Healthcare Provider Panel

Michael C. Barnes & Daniel C. McClughen, Warm Handoffs: The Duty of and Legal Issues Surrounding Emergency Departments in Reducing the Risk of Subsequent Drug Overdoses

Stefan J. Padfield & Maria E. Pagano, The Helper Therapy Principle: Using the Power of Service to Save Addicts

James D. Duckworth, Bridging a Spiritual Disconnect to Say "No" to Heroin

Julie A. Warren, Defining the Opioid Crisis and the Limited Role of the Criminal Justice System Resolving It

Melissa McPheeters & Mary K. Bratton, The Right Hammer for the Right Nail: Public Health Tools in the Struggle Between Pain and Addiction

Taleed El-Sabawi, Defining the Opioid Epidemic: Congress, Pressure Groups, and Problem Definition

All Contributors, End-of-Day Question & Answer Session

NOTE

Rachel Elizabeth Barenie, CARA and the FDA: The Call to Convene and the Charge to Clarify

Volume 48, Book 3

PROLOGUE

Nicholas Mignanelli, The Runaway Judge: John Grisham's Appearance in Judicial Opinions

ARTICLES

DeLeith Duke Gossett, The Client: How States Are Profiting from the Child's Right to Protection

John P. Sahl, The Rainmaker Film: A Window to View Lawyers and Professional Responsibility

Teri A. McMurtry-Chubb, The Rhetoric of Race, Redemption, and Will Contests: Inheritance as Reparations in John Grisham's Sycamore Row

ESSAYS

David L. Hudson, Jr., Attorney Advertising in The Litigators and Modern-Day America: The Continued Importance of the Public's Need for Legal Information

Lisa K. Dicker & Shane K. Hebel, The Litigators: Perceptions of Predictability, Definitions of a Good Outcome, and an Alternative to Mass Tort Trials

Volume 48, Book 2

BOOK REVIEW

Lee Harris, Promotion Without Progress

ARTICLE

Bobbi Jo Boyd, Embracing Our Public Purpose: A Value-Based Lawyer-Licensing Model

ESSAYS

Adam J. MacLeod, Metaphysical Right and Practical Obligations

J. William Callison, Dangling Threads: Hobby Lobby and Corporate Law Issues

NOTES

George S. Scoville III, Curtailing the Cudgel of "Coordination" by Curing Confusion: How States Can Fix What the Feds Got Wrong on Campaign Finance

Marguerite W. McGowan, Do As I Say (Not As I Do): Tennessee's Appellate Standard of Review of Expert Witness Qualifications in Health Care Liability Actions

Mallory H. Farrar, Everything You Tell Me Will Remain Confidential (Maybe): The Client's Right to Know About Tennessee's Confidentiality Disclosure Exceptions

Kaitlyn Abernathy Hansen, A Distinction Without a Difference: Revisiting the Constitutionality of Additur in Federal Courts

Adrian A. Vivar, It's (Almost) My Money and I Need It Now: Facilitating Information to Encourage Competition in Tennessee's Payday Lending Markets

COMMENT

L. Mathew Jehl, Clear Error or De Novo--State v. Whited: Did the Court Inadvertently Introduce a New Appellate Standard of Review in Tennessee in Its Opinion in a Child Pornography Case?

Volume 48, Book 1

LEAD ARTICLE

Steven Semeraro, Partisan Gerrymandering: Is There No Shame in It or Have Politicians Become Shameless?

ARTICLES

Cory Howard, Financial Crimes Compliance Self-Governance: Applying the Faragher Defense to Bank Secrecy Act/Anti-Money Laundering Violations

James M. Rice, Looking Past the Label: An Analysis of the Measures Underlying "Sanctuary Cities"

Noam Sher, The Best Welfare Point: A New Compensation Criterion and Goal for Tort Law

Mark A. Goldfeder & Michelle K. Terry, To Repeal or Not Repeal: The Johnson Amendment

Jesse D.H. Snyder & Andrew F. Gann Jr., Staying True to the False Claims Act: Why the Government Is an Unexplored Prime Vehicle to Dismiss Cases

NOTE

Elizabeth B. Stagich, Fresh from the Farm: Regulating Concentrated Animal Feeding Operations for Antibiotic Abuse in Tennessee

Volume 47, Book 4

INTRODUCTION

Pablo J. Davis, Is the Judiciary a Fortress?

ARTICLES

Patrick Walsh, Foreign Intelligence, Criminal Prosecutions, and Special Advocates

Nicholas R. Bednar and Barbara Marchevsky, Deferring to the Rule of Law: A Comparative Look at United States Deference Doctrines

Eric T. Kasper, Are Judges Politicians?: An Analysis of Williams-Yulee v. The Florida Bar and Its Constitutional Impact on Judicial Independence and Judicial Ethics Codes Across the U.S.

ESSAYS

The Honorable Bernice B. Donald, The Intrajudicial Factor in Judicial Independence: Reflections on Collegiality and Dissent in Multi-Member Courts

The Honorable R. David Proctor, An Overview of Judicial Independence from Impeachments to Court-Packing

Justin Walker and Caroline Phelps, Chilled Chambers: Constitutional Implications of Requiring Federal Judges to Disclose Their Papers upon Retirement

John DiPippa, "Your Honor, You Are Hereby Commanded to Appear...": When a Legislative Committee Subpoenas a Sitting Judge

REMARKS AND DISCUSSION

The Honorable Sterling Johnson, Jr., "At Some Point, You Have to Take a Stand": A United States District Judge Responds to the Feeney Amendment's Restrictions on Judicial Sentencing Discretion

The Honorable Zarela Villanueva Monge, Judicial Independence, Challenges, and Safeguards: Perspectives from Another Legal System

The Honorable Michael B. Mukasey, Judicial Independence: The Fortress Threatened from Within

The Honorable Timothy J. Corrigan, One Judge's Story: The Impact of Violence on Judicial Independence

Panel Discussion, Judicial Independence: Theory and Practice

Volume 47, Book 3

ARTICLES

Maurice Wexler: The Survival of the Intentionality Doctrine in Employment Law: To Be or Not to Be?

Phillip Kannan: A Constitutionally Protected Right To Vote

Gregory D. Jordan: Covenants Not to Compete: The Real Question for Enforcement

NOTES

Jordan Emily: The Essence of Civil Liberty: Legitimacy and Judicial Oversight for the Targeted Killing of an American Citizen through the Bivens Claim

Taylor Oyaas: Reefer Madness: How Tennessee Can Provide Cannabis Oil Patients Protection from Workplace Discrimination

CASE COMMENT

Marguerite McGowan: Unclear Boundaries––Rye v.Women's Care Center of Memphis, MPLLC: The Transformation of Tennessee's Summary Judgment Burden of Production

Volume 47, Book 2:

ARTICLES

Michael N. Widener: COMPENSATING COLLEGIATE ATHLETES IN "STORE CREDIT"

Phyllis Coleman: WE SAY "TOMATO," THEY SAY "WOOF": THE ARGUMENT FOR ABANDONING "PROVOCATION" IN DOG BITE STATUTES

Samantha Arrington Sliney: CHANGE IS A COMIN': DEPARTMENT OF DEFENSE DECISION TO OPEN ALL COMBAT JOBS TO WOMEN NECESSITATES CHANGE TO CURRENT MILITARY SELECTIVE SERVICE ACT

NOTES

Kristen Joy Downey: YOU ARE NOT THE FATHER!—PARENTAL LIABILITIES AND RIGHTS OF SPERM DONORS IN TENNESSEE

Zachary B. Johnson: I GOT 988 PROBLEMS BUT BITCOIN AIN'T ONE: THE CURRENT PROBLEMS PRESENTED BY THE INTERNAL REVENUE SERVICE'S GUIDANCE ON VIRTUAL CURRENCY

Maygan R. Peaks: WHEN HOSPITALS STOP PLAYING OPERATION AND START PLAYING MONOPOLY: THE POTENTIAL FOR ANTITRUST VIOLATIONS IN MEMPHIS WITH HOSPITALS ACQUIRING PHYSICIAN GROUPS

Volume 47, Book 1:

ARTICLES

Sarah E. Redfield & Jason P. Nance - American Bar Association: Joint Task Force on Reversing the School-to-Prison Pipeline

Matteo Gatti - It's My Stock and I'll Vote If I Want to: Conflicted Voting in (Hostile) M&A Deals

NOTES

Pablo J. Davis - "To Return the Funds at All": Global Anticorruption, Forfeiture, and Legal Frameworks for Asset Return

Olivia S. Garber - Animal Abuse and Domestic Violence: Why the Connection Justifies Increased Protection

Megan McKenzie Reed - Banning the Box in Tennessee: Embracing Fair Chance Hiring Policies for Ex-Offenders

Volume 46, Book 4:

INTRODUCTION

Daniel M. Schaffzin - FOSTERING A CULTURE OF SOLUTIONS: AN INTRODUCTION TO THE URBAN REVITALIZATION SYMPOSIUM ISSUE

ARTICLES

Kermit Lind & Joe Schilling - ABATING NEIGHBORHOOD BLIGHT WITH COLLABORATIVE POLICY NETWORKS—WHERE HAVE WE BEEN? WHERE ARE WE GOING?

Steve Barlow, Tommy Pacello & Josh Whitehead - REGULATORY CREATED BLIGHT IN A LEGACY CITY: WHAT IS IT AND WHAT CAN WE DO ABOUT IT?

Judge Raymond L. Pianka - COMMUNITY CONTROL SUPERVISION OF BUILDING CODE OFFENDERS IN CLEVELAND'S HOUSING COURT:MAKING THE MOST OF OHIO'S DIRECT SENTENCING FOR MISDEMEANORS

Sohil Shah - SAVING OUR CITIES: LAND BANKING IN TENNESSEE

A. Mechele Dickerson - REVITALIZING URBAN CITIES: LINKING THE PAST TO THE PRESENT

James J. Kelly, Jr. - AFFIRMATIVELY FURTHERING NEIGHBORHOOD CHOICE: VACANT PROPERTY STRATEGIES AND FAIR HOUSING

J. William Callison - INCLUSIVE COMMUNITIES: GEOGRAPHIC DESEGREGATION, URBAN REVITALIZATION, AND DISPARATE IMPACT UNDER THE FAIR HOUSING ACT

Volume 46, Book 3:

ARTICLES

Douglas L. Kriner & Francis X. Shen - INVISIBLE INEQUALITY: THE TWO AMERICAS OF MILITARY SACRIFICE

Philip M. Kannan - LOGIC FROM THE SUPREME COURT THAT MAY RECOGNIZE POSITIVE CONSTITUTIONAL RIGHTS

Katharine T. Schaffzin - LEARNING OUTCOMES IN A FLIPPED CLASSROOM: A COMPARISON OF CIVIL PROCEDURE II TEST SCORES BETWEEN STUDENTS IN A TRADITIONAL CLASSROOM AND A FLIPPED CLASS

NOTES

Jordan M. Cash - DRONING ON AND ON: A TORT APPROACH TO REGULATING HOBBYIST DRONES

William C. Pannell - PIRATE BATTLES IN OUTER SPACE: PREVENTING PATENT INFRINGEMENT ON THE 8TH SEA

COMMENT

Pablo J. Davis - SPIRITUAL-TREATMENT EXEMPTIONS TO CHILD NEGLECT STATUTES - STATE V. CRANK: VAGUENESS AND ESTABLISHMENT CLAUSE CHALLENGES TO SELECTIVE PROSECUTION OF FAITH-HEALING PARENTS

Volume 46, Book 2:

ARTICLES

Steven W. Feldman - VACATUR OF AWARDS UNDER THE TENNESSEE UNIFORM ARBITRATION ACT: SUBSTANCE, PROCEDURE, AND STRATEGIES FOR PRACTIONERS

Pamela Cole Bell - STAND YOUR GROUND LAWS: MIS-CHARACTERIZED, MISCONSTRUED, AND MISUNDERSTOOD

NOTES

Elisabeth Courson - NO LOOKING BACK: THE EFFECT OF TRANSFER ON THE CHOICE OF LAW RULES APPLICABLE TO DIRECTLY FILED MULTI-DISTRICT LITIGATION CASES

Carl Benjamin Lewis- PRIVATE PAYER PARITY IN TELEMEDICINE REIMBURSEMENT: HOW STATE-MANDATED COVERAGE CAN BE THE CATALYST FOR TELEMEDICINE EXPANSION 

Mary Katherine Smith - ENOUGH WITH THE WHITE LIE-ABILITY: DECREASING FRIVOLOUS HEALTH CARE LIABILITY ACTIONS IN TENNESSEE WITH TIME AND TRANSPARENCY

Volume 46, Book 1

Deborah A. Roy- THE NARROWING GOVERNMENT INTEREST IN CAMPAIGN FINANCE REGULATIONS: REPUBLIC LOST?

Rodrigo M. Caruço- TREATING MEMBERS OF THE MILITARY AT LEAST AS WELL AS INMATES AND STUDENTS: DETERMINING WHEN MILITARY NECESSITY REQUIRES INFRINGING UPON CONSTITUTIONAL RIGHTS IN CASES BEFORE THE COURT OF APPEALS FOR THE ARMED FORCES

Christian Dennie - THE BENEFITS OF ARBITRATION: ARBITRATION IN NCAA STUDENT-ATHLETE PARTICIPATION AND INFRACTIONS MATTERS PROVIDES FOR FUNDAMENTAL FAIRNESS

ESSAY

Maureen Truax Holland - EQUAL JUSTICE FOR SAME-SEX MARRIED COUPLES: REFLECTIONS BY A TENNESSEE LAWYER WHO HELPED ACHIEVE NATIONAL MARRIAGE EQUALITY

NOTES

Sarah E. Smith - NO SAFE HARBORS: EXAMINING THE SHIFT FROM VOLUNTARY TREATMENT OPTIONS TO CRIMINALIZATION OF MATERNAL DRUG USE IN TENNESSEE

Gregory A. Wagner - WARHEADS ON FOREHEADS: THE APPLICABILITY OF THE 9/11 AUMF TO THE THREAT OF ISIL