Legal Scholarship Repository (University of Tennessee College of Law)
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Florida\u27s Legislation Mandating Suspicionless Drug Testing of TANF Beneficiaries: The Constitutionality and Efficacy of Implementing Drug Testing Requirements on the Welfare Population
No full textA Christian Vision of Freedom and Discovery: Neutrality as an Obstacle to Freedom
No full textThis article presents the underlying vision for the argument that principles of liberal neutrality pose a genuine obstacle to freedom in democratic society. There is a growing concern that liberty and justice are unattainable in modern democratic societies that are grounded in neutrality, including the United States. Experience has demonstrated significant shortcomings of the modern freedom movements grounded in political theories, which—along with the theory of neutrality—reject the need for core substantive values to guide law and policy. The underlying basis of such theories is a particular modern conception of freedom. But a well-grounded and reasoned alternative vision of human freedom exists: a distinctively Christian vision of human freedom as understood in light of the philosophical and theological study of God’s revelation to man. A comprehensive treatment of the Christian vision of human freedom can be gleaned from the scholarly work of Cardinal Joseph Ratzinger, currently Pope Emeritus Benedict XVI. From this alternative perspective, freedom is promoted and safeguarded only when core substantive values and moral insights are respected as the point of reference for law and justice in society, a condition which posits a role for the State in prudently fostering respect for those values and insights. Because this alternative vision is often misunderstood, the purpose of this article is to present a concise but in-depth synthesis of the writings of Ratzinger bearing on human freedom and democracy and to thereby encourage dialogue leading to a more moderate use of neutrality principles
Antitrust & AI Supply Chains
No full textWill AI technology disrupt the current Big Tech Barons, foster competition, and ensure future disruptive innovation that improves our well-being? Or might the technology help a few ecosystems become even more powerful?
To explore this issue, our paper outlines the current digital market dynamics that lead to winner-take-most-or-all ecosystems. After examining the emerging AI foundation model supply chain, we consider several potential antitrust risks that may emerge should certain layers of the supply chain become concentrated and firms extend their power across layers. But the anticompetitive harms are not inevitable, as several countervailing factors might lessen or prevent these antitrust risks. We conclude with suggestions for the policy agenda to promote both healthy competition and innovation in the AI supply chain
Representing Elon Musk
No full textWhat would it be like to represent Elon Musk on business law matters or work with him in representing a business he manages or controls? This article approaches that issue as a function of professional responsibility and practice norms applied in the context of publicly available information about Elon Musk and his business-related escapades. Specifically, the article provides a sketch of Elon Musk and considers that depiction through a professional conduct lens, commenting on the challenges of representing or working with someone with attributes and behaviors substantially like those recognized in Elon Musk.
Ultimately (and perhaps unsurprisingly, for those who have followed Elon Musk’s interactions with the law in a business setting), the article concludes that representing Elon Musk or one of his controlled businesses would be a tough professional assignment, raising both typical and atypical professional responsibility issues. Taking on an engagement in which Elon Musk is the client or a control person would require deliberate lawyer leadership, including (among other things) patience, mental toughness, and empathy. As a result, the lawyer would be required not only to have the required legal expertise, sensitivity to professional conduct regulation, and practical experience to carry out the representation, but also to understand and know how to employ their talent, personality, character strengths, and leadership style in a demanding and mutable lawyering context
Implementing Age-Related Triage Protocols
No full textAssociate Dean Buck published Implementing Age-Related Triage Protocols, a review of a 2023 health law article entitled Age Is More Than Just a Number, on Jotwell (“The Journal of Things We Like (Lots)”), on July 18, 2024. The reviewed article, authored by Professor Jessica Mantel (Houston), grapples with and reexamines care triage protocols in the wake of the COVID-19 pandemic
