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Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson
Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson
Tennessee Journal of Law and Policy
Under the current tests set out in Pickering and its progeny, teachers—particularly LGBT and LGBT allies— are being censored in the classroom with “no promo homo” education policies and laws. Although citizens are granted free speech protections through the First Amendment, public employees such as public school teachers generally receive less protection. The Supreme Court has yet to determine a distinct test for public school teachers, leaving discretion to school districts. Currently, in seven states, legislators explicitly prohibit teachers from positively speaking about or correcting misconceptions on homosexuality. In this current age, these policies negatively impact the teacher’s effectiveness inside …
Viewing Tennessee's New Photo Identification Requirements For Voters Through Historical And National Lens, Daniel Sullivan
Viewing Tennessee's New Photo Identification Requirements For Voters Through Historical And National Lens, Daniel Sullivan
Tennessee Journal of Law and Policy
In 2011, Tennessee became only the fifth U.S. state to strictly require photograph identification as a prerequisite to voting.' Over the past decade, a nationwide battle has been brewing over voter identification laws. In fact, "[s]ince 2001, nearly 1,000 bills have been introduced in a total of 46 states," with 21 states passing "major [voter identification] legislation between 2003 and 2011." In 2011 alone, 34 states took up the issue, either "proposals for new voter ID laws in states that didn't already require voter ID at the polls (considered in 20 states), [or] proposals to strengthen existing voter ID requirements …
United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie Reid
United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie Reid
Tennessee Journal of Law and Policy
In the center of the town of Siena, Italy, lays the Palazzo Publico which was built between 1297 and 1310. Inside the Palazzo Publico is the Sala della Pace, the Hall of Peace, which houses an early piece of Italian secular arta fresco that illustrates the effect government has on the city, its people, and the countryside.' The painter, Ambrogio Lorenzetti, depicted the "Common Good" as a king, sitting tall and strong above a line of smaller-sized, everyday people who are slowly making their way towards the "Common Good." This picture represents the subordination of private interest to the common …
Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing Requirements On The Welfare Population, Lindsey Lyle
Tennessee Journal of Law and Policy
Luis Lebron is a thirty-five year old who balances his duties as sole caretaker of his four year-old son with pursuing a degree at the University of Central Florida.' To help support himself and his child while in school, Lebron applied to the Florida Department of Children and Families for Temporary Assistance for Needy Families (TANF) benefits in July 2011. However, Lebron refused to take the drug test" required by a recently passed Florida statute, requiring prospective TANF beneficiaries to undergo drug testing prior to receiving benefits. Lebron insists that he has never used illegal drugs, but refuses to take …
One Person, One Vote And The Constitutionality Of The Winner-Take-All Allocation Of Electoral College Votes, Christopher Duquette, David Schultz
One Person, One Vote And The Constitutionality Of The Winner-Take-All Allocation Of Electoral College Votes, Christopher Duquette, David Schultz
Tennessee Journal of Law and Policy
The Electoral College is an American political and constitutional curiosity. The constitutional framers believed it would produce "extraordinary persons" as presidents because they would be selected by "men most capable of analyzing the qualities adapted to the station" of the presidency.' Its more recent defenders, such as Martin Diamond, have justified it as either a constitutional system meant to protect individual and minority rights or a mechanism to overcome regionalism. In Diamond's view, along with the principles of separation of powers and checks and balances, it was necessary to thwart the dangers of factionalism that a popular government posed. Some …