Digital Commons Network^™

The Challenge Of Lgbt Youth In Foster Care, Benjamin Ashley

The Forum: A Tennessee Student Legal Journal

No abstract provided.

"Medicate-To-Execute": The Dilemma Of Involuntary Medication And Mentally Ill Death Row Inmates, Paige Ayres

The Forum: A Tennessee Student Legal Journal

No abstract provided.

Eliminating The Effective Death Sentence Of Life Without Parole, Joseph Tutro

The Forum: A Tennessee Student Legal Journal

No abstract provided.

Annie Oakley, Gender, And Guns: The "Champion Rifle Shot" And Gender Performance, 1860-1926, Sarah Cansler

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

Sharpshooter Annie Oakley’s enormous popularity provides a means of understanding how the public, through the viewpoints of reporters and commentators, discussed and understood the connection between gender and celebrity at the end of the nineteenth and beginning of the twentieth centuries. As a famous woman in an era rife with discussions about women’s rights and roles in society, Oakley’s popularity was inextricably related to ideas about gender. Oakley uniquely combined her talent at shooting, which many still viewed as a “man’s” sport, with her embodiment of appropriate feminine attributes like her clothing or mannerisms. Oakley’s performance of gender in the …

The Blindness Of An Invisible Man: An Exploration Of Ellison’S Female Characters, Madison Elkins

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

Questions have long been raised about the female characters in Invisible Man who often appear to be objectified or stereotyped. Especially in light of Ellison’s professed opinions against the dangers of stereotyping as minority oppression, the depiction of his female characters seems to be fundamentally hypocritical. It is the dominant critical opinion among feminist scholars that Ellison’s treatment of female characters is not only hopelessly misogynistic, but, more importantly, undermines the telos of the novel and enervates its social claims. While it is a valid exercise to analyze Ellison’s female characters in this way, this opinion fails in two critical …

Summer-Wyatt Symposium: "Navigating The Complexities Of Our Melting Pot: How Immigration Affects Legal Representation"

Tennessee Journal of Law and Policy

No abstract provided.

The Dynamic Cycle Of Legal Change, John Martinez

Tennessee Journal of Law and Policy

Justice Holmes's observation that the law is a product of empirical experience, not a problem of mathematics, leaves us with the task of figuring out how the legal system actually works. Although Holmes made his statement over 130 years ago, there is still no universally accepted analytical approach for describing how the American legal system creates and changes the law. This article proposes a "Dynamic Cycle of Legal Change" as a model for understanding the structure and operation of the American legal system.

Part I first posits that we should consider the legal system from an "information systems" perspective. Part …

Tjlp (Summer 2013) Volume 9 Special Edition

Tennessee Journal of Law and Policy

No abstract provided.

Global Perspectives On Peer Sex Education For College Students, Chandra R. Story, June Gorski

International Education

According to the World Health Organization, sexually transmitted diseases and infections continue to be a public health problem across the globe, with most infected persons being between the ages of 15 and 49. A large percentage of those affected by AIDS are 15-24 year olds, an age group which includes college students. Peer sex education is being espoused by non-governmental organizations and administrators as a viable solution to this problem. Peer education strategies and approaches to evaluation differ across programs. Some programs report increased efficacy for educators and trainees while other programs report increases in knowledge and changes in attitudes. …

Perceptions Of The Teacher-Student Relationship: A Study Of Upper Elementary Teachers And Their Students, Ping Liu

International Education

This study examines the perceptions of a group of fourth through sixth grade teachers and their students concerning their relationship; the participants included 39 teachers and 111 students at an elementary school in the People’s Republic of China. Both groups responded to a survey with the same number of items and content but from two different perspectives. The second part of the survey included teacher-student responses to one open-ended question. Quantitative and qualitative data were collected for analysis and discussion. Statistically significant differences were found between the means of the teacher and student groups in classroom goal structures (F=9.55, p=.000) …

Nothing But Being There Matters: Expectancy-Value Motivation Between U.S. And Chinese Middle School Students, Haichun Sun, Haiyong Ding, Ang Chen

International Education

Current literature theorizes that culture-induced expectancy beliefs and values in learning may engage learners of varied cultures in differentiated motivational processes. The purpose of the study was to determine the extent to which U.S. and Chinese middle school students differed in expectancy-value motivation in physical education. Middle school students from the U.S. (n = 813, 14 schools) and China (n = 806, 8 schools) provided data on expectancy-value motivation in physical education. A MANOVA with country as the independent factor and grade level as covariate revealed that the U.S. students held higher expectancy beliefs (p =.001, η2=.62), while the Chinese …

Theorizing The Golden Age Musical: Genre, Structure, Syntax, Kim H. Kowalke

Gamut: Online Journal of the Music Theory Society of the Mid-Atlantic

In 1956 Leonard Bernstein opined to his Omnibus audience that “the American musical theater has come a long way, borrowing this from opera, that from revue, the other from operetta, something else from vaudeville—and mixing all the elements into something quite new.” Although he suggested that “each [new musical] is a surprise; nobody ever knows what new twists and treatments and styles will appear next,” at this midpoint in the Golden Age of the American musical theater (roughly the quarter century between Oklahoma! [1943] and Hair [1968]), the art form had evolved its own elaborate set of generic expectations, structural …

State V. Pierce: Refining The Standard For The Admission Of Polygraph Evidence, Anton L. Jackson

Tennessee Journal of Law and Policy

Although the inadmissibility of polygraph evidence in the course of a criminal trial has been well-established law in Tennessee for almost fifty years, the quandary presented itself two years ago in State v. Pierce.' This case forced the Tennessee Supreme Court to balance the need to protect state citizens against sexual predators with the wellestablished rules of evidence which hold that "polygraph evidence is inherently unreliable, and therefore irrelevant and inadmissible. ' In Pierce, the issue before the court was whether polygraph test results, which were performed as part of a sex offender risk assessment and encouraged by leading psychosexual …

Reclaiming The Public Forum: Courts Must Stand Firm Against Government Efforts To Displace Dissidence, Chris Ford

Tennessee Journal of Law and Policy

As the twenty-first century gets underway, governmental authorities appear to be undertaking increasingly unfriendly measures against citizens who take to the streets to influence policymaking. In some jurisdictions, for example, courts have given authorities the green light to stifle speech by limiting access to public spaces. In one recent case involving the 2004 Republican National Convention in New York, a district court judge seemed more worried about the condition of the grass in Central Park than the right of the citizenry to gather in a public space and conduct a rally. Particularly in this age of globalized media outlets and …

Tjlp (2006) Volume 2 Number 2

Tennessee Journal of Law and Policy

No abstract provided.

You're Sending The Wrong Message: Sexual Favoritism And The Workplace, Paige I. Bernick

Tennessee Journal of Law and Policy

On October 1, 2009, late-night host, David Letterman, admitted on the Late Night with David Letterman Show ("Late Night"), "I have had sex with women who work for me on this show." 2 Although the employees who engaged in the sexual affairs affirmed that the relationships were consensual, other Late Night staff members sustained indirect harm by their actions.

A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum

Tennessee Journal of Law and Policy

For decades, aircraft pilots have been using preflight and approach-to-landing checklists rather than relying on their memory to ensure that everything has been done in its proper sequence. The use of this tool gives pilots the ability to fly their aircrafts safely and according to an established procedure. Similarly, most trial attorneys employ witness checklists during the in-court examination of their witnesses to ensure that all of the witnesses' evidence has been fully presented and their exhibits have been properly marked and received in evidence. It is the intent of this presentation to suggest the use of another evidentiary checklist …

The Johnia Berry Act Of 2007: Dna Fingerprinting, Meredith Rambo

Tennessee Journal of Law and Policy

On December 6, 2004, at age twenty-one, Johnia Hope Berry, was brutally slain in her Knoxville, Tennessee apartment. She had come to the University of Tennessee at Knoxville to pursue her master's degree after receiving a bachelor's degree at East Tennessee State University. The night of her death, Johnia was sorting toys she bought for children in need-a charitable habit she engaged in every year. Johnia was deeply loved by two sets of parents: Joan and Mike Berry (adoptive father), and Donna and John Tiller (biological father).

Legitimizing Discrimination Against Trans Employees, Natalie Hrubos

Tennessee Journal of Law and Policy

Trans employees can experience subtle forms of workplace discrimination. Seemingly neutral or natural policies and practices sometimes reflect discriminatory attitudes and create unwelcoming or even hostile work environments for trans employees. Fortunately, courts have recently begun to recognize that discrimination against trans employees constitutes discrimination based on sex in violation of Title VII of the Civil Rights Act of 1984. Yet, despite increased protections for trans workers, subtle forms of discrimination, if not acknowledged by courts or addressed by employers, may erode employment opportunities for trans communities.

Is It Possible To Predict Juror Behavior?, John W. Clark Iii

Tennessee Journal of Law and Policy

Each year in the United States there are over 150,000 jury trials. Theoretically, the jury serves as the conscience of the community. The jury's decision manifests what is acceptable and unacceptable behavior. With this substantial responsibility, jurors are assigned the responsibility of evaluating arguments made by attorneys, determine the truthfulness of witness's testimony, decipher physical evidence, and comprehend jury instructions given by the judge. Therefore, the American adversarial system allows attorneys a great deal of latitude in determining a juror's fitness to serve.

Jury Reform: The Impossible Dream?, Nancy S. Marder

Tennessee Journal of Law and Policy

In his essay, Asking Jurors To Do the Impossible,' Peter Tiersma identifies several ways in which jurors have difficult, if not impossible, roles to play and suggests several steps that courts could take to aid jurors in performing these roles. He offers a number of recommendations, such as having judges instruct jurors in plain and specific language, allowing jurors to ask questions about the instructions, and explaining to jurors the reasons for certain rules. His recommendations are sensible, and courts would do well to follow his advice. With the exception of his call for the creation of expert juries in …

Due Process And Equal Protection: A Constitutional Approach To Same-Sex Marriage, Ashley Musselman

Tennessee Journal of Law and Policy

On July 6, 2006, the Court of Appeals of New York decided Hernandez v. Robles. At issue in that case was whether New York's Domestic Relations Law violated the Due Process Clause and the Equal Protection Clause of the New York constitution by limiting marriage to opposite-sex couples. The plaintiffs were members of forty-four same-marriage licenses in the State of New York. The case began as four separate lawsuits in which the plaintiffs sought a declaratory judgment against "the license-issuing authorities of New York City, Albany, and Ithaca; the State Department of Health, which instructs local authorities about the issuance …

Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law Schools, Andrew King-Ries

Tennessee Journal of Law and Policy

In 2003, the United States Supreme Court affirmed the importance of diversity in legal education when it decided Grutter v. Bollinger.' Underlying the Court's decision was the recognition that a diverse student body benefits the education of all law students, which in turn, impacts society in important ways. While recognition of educational diversity as a compelling state interest allows law schools to consider race in admissions, race-based admissions policies alone cannot address the truly compelling state interest underlying educational diversity: training lawyers to practice in a multicultural society, including effectively representing clients from different racial, ethnic, and socioeconomic backgrounds. Law …

Tjlp (2008) Volume 5 Number 1

Tennessee Journal of Law and Policy

No abstract provided.

Foreward: Interruptions And Intersections: Journeys To The Center Of The Americas, Francisco Valdes

Tennessee Journal of Law and Policy

In December, 2007, a diverse group of scholars and students from various regions and institutions inaugurated a new project in knowledge production, the Study Space Seminar Series.' Devoted to critical perspectives in comparative and international studies, the Study Space Seminar Series follows a decade-long history of collaboration among legal scholars and friends associated with critical outsider jurisprudence. As outlined below, this new project both reflects and expands the rich record in democratic knowledge-production undertaken by "OutCrit" scholars of various stripes in previous years.

Tjlp (2008) Volume 4 Number 2

Tennessee Journal of Law and Policy

No abstract provided.

A Victory In Defeat: The Implications Of Rumsfeld V. Fair On "Don't Ask, Don't Tell", Jill Shotzberger

Tennessee Journal of Law and Policy

On March 6, 2006, the United States Supreme Court decided Rumsfeld v. Forum for Academic and Institutional Rights. In this decision, drafted by Chief Justice John Roberts, the Court addressed the constitutionality of Congress (1) requiring universities to provide military recruiters with the same access to law school career services offices that the school would grant to other prospective employers and (2) withholding federal funding for the entire university if the law school failed to grant this access. The Supreme Court held that these requirements did not violate the First Amendment rights of freedom of speech and freedom of association. …

Stripped Bare: Students' Fourth Amendment Rights, School Searches, And The Reasonableness Standard, Erin P. Davenport

Tennessee Journal of Law and Policy

In Beard v. Whitmore Lake School District,' the Sixth Circuit examined whether the law governing searches of students, specifically strip searches, was clearly established and deprived school officials of qualified immunity. The Sixth Circuit first evaluated the strip search's constitutionality under the Fourth Amendment. Then, the Sixth Circuit addressed whether qualified immunity protected school officials. Beard demonstrates that students' Fourth Amendment rights receive less protection than teachers' liability and could result in students shedding "their constitutional rights at the school house gate." With violence and drug use on the rise in schools, courts consider students' constitutional rights less important than …

Fact-Based Death Penalty Research, Lewis L. Laska

Tennessee Journal of Law and Policy

The goal of fact-based death penalty research is, simply put, to capture and document as many facts surrounding legal executions as possible, organize them in a clear and logical manner, and present them without bias, cant, or sentiment. This compilation of facts is then made available for an analysis of whether patterns appear suggesting which facts were and possibly still remain the leading factors influencing legal death. The focus of fact-based research is clear and orderly facts. Indeed, publications that grow out of fact-based death penalty research document executions in chronological order, and each entry includes the executed person's name, …

The Retirement Of Chief Justice Frank F. Drowota, Iii: A Tribute To A Legal Legend And All Around Nice Guy, Lisa Rippy, Marshall Davidson

Tennessee Journal of Law and Policy

Chief Justice Frank F. Drowota, III retires in the summer of 2006, ending a distinguished thirty-five year judicial career. His twenty-five year tenure on the Tennessee Supreme Court is the second-longest in state history.2 He will leave behind an excellent record of service to the judiciary and to the state. Indeed, retired Chief Justice William H.D. Fones recently described Chief Justice Drowota as one of the greatest chief justices in Tennessee history. This article will discuss Chief Justice Drowota's vast contributions to Tennessee's legal system and along the way, will attempt to provide some insight into his judicial philosophy, personality, …