Law Commons^™

American Declaration On The Rights Of Indigenous Peoples, Organization Of American States. General Assembly.

AALL Legal Website of the Month

The American Declaration on the Rights of Indigenous Peoples was adopted at the Third Plenary Session of the Organization of American States (OAS) General Secretariat held on June 15, 2016. The indigenous peoples of the Americas are culturally distinct groups who maintain an ancestral bond to the lands where they live or wish to live. Also, the Indigenous peoples of the Americans have the right to live in harmony with nature and to a healthy, safe, and sustainable environment, essential conditions for the full enjoyment of the right to life, to their spirituality, world view and to collective well-being.

Overcoming Obstacles To Reentry Panel, Mackenzie Hobbs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Rose Lecture, Mackenzie Hobbs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Front Matter, Mackenzie Hobbs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Economic Empowerment In The Alabama Black Belt: A Transactional Law Clinic Theory And Model, Casey E. Faucon

Tennessee Journal of Race, Gender, & Social Justice

This essay argues that transactional legal clinics that serve university, urban, and rural communities with cultures and ecosystems shaped by the long-term impacts of racial segregation, Civil Rights, and socioeconomic disenfranchisement can play both a powerful symbolic role and a practical material role in regional economic development by providing direct client representation to historically and economically significant organizations and by training lawyers in transactional methods to use the law to impact the industrial identity and economic vitality of their communities. This essay concludes with a design for a transactional law clinic model.

Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna

Tennessee Journal of Race, Gender, & Social Justice

New Yorkers woke to a dreary, drizzly day on November 9, 2016. The weather matched the mood of many of the city’s inhabitants. Tears streamed down my face as I sat in the subway waiting for my stop. One by one, as my colleagues in the Community Development Project at the Urban Justice Center came into the office that morning, we shared expressions of shock, anger, fear, and sadness. We feared for what Trump’s election meant for our clients, for ourselves and our families, for our country, and for our world. In the days and weeks that followed, we coalesced …

The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise Pantin

Tennessee Journal of Race, Gender, & Social Justice

At the end of the historic march from Selma to Montgomery in 1965, Reverend Dr. Martin Luther King Jr. famously paraphrased abolitionist and Unitarian minister Theodore Parker stating, “the arc of the moral universe is long, but it bends towards justice.” The implication of the phrase is that the social justice goals of the Civil Rights Movement would eventually be achieved. His prayer was that servants of justice would be rewarded in due time. In other words, that the goals of the Civil Rights Movement would be achievable at some point in the future. President Obama resurrected the phrase throughout …

Theorizing Sexual Violence Against Men In The Middle East And North African Region As Gender-Related Persecution Under Refugee And Asylum Law, Valorie K. Vojdik

Book Chapters

No abstract provided.

Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco

Tennessee Journal of Race, Gender, & Social Justice

Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants the …

Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin

College of Law Faculty Scholarship

Exhibits to accompany testimony and statement-of-record of Professor Dean Hill Rivkin (The University of Tennessee College of Law), as submitted on April 21, 2015, before a hearing convened by the U.S. Senate Committee on the Judiciary: “Improving Accountability and Oversight of Juvenile Justice Grants.”

Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin

College of Law Faculty Scholarship

This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …

Competent Translation Of Hearsay, Christina Magrans

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Immigration Obstacles And The Sixth Circuit Court's Harsh Interpretation Of Legal Permanent Resident Status, Justin Boitnott

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

A Spectator Sport Without Spectators: Discrimination In Girls' Athletics, Erika Denslow

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Condorcet Defeated: A Malthusian History Of Affirmative Action From Bakke To Fisher, William J. Bogard

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Allen V. Totes/Isotoner Corporation: A Cautionary Tale For Breastfeeding Working Mothers, Erin Davenport

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Springtime For Freedom Of Religion Or Belief: Will Newly Democratic Arab States Guarantee International Human Rights Norms Or Perpetuate Their Violation?, Robert C. Blitt

Book Chapters

The Arab Spring has generated unprecedented and seismic political and social upheaval across the Arab world. The reasons for the outbreak of widespread and vociferous public protest are myriad, but generally understood as including long-simmering resentment of government corruption and repression, underwhelming economic development, chronic unemployment and poor respect for human rights, including the treatment of individuals and groups affiliated with political manifestations of Islam. Despite the initial drama surrounding the street rallies, two years on, the pace of change has grown fitful and uncertain.

The purpose of this chapter is to consider one narrow aspect of the Arab Spring. …

Not Losing Sight Of The Forest: The Fourth Circuit's Stand For Reasonableness, Rachel E. Clark

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

The Continued Reign Of Title Vii: Racial Discrimination Trumps Patients' Preferences, Samuel L. Moore

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Gender And Pregnancy Bias In The Workplace, Jaehee Jang

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

The Murky Misinterpretation Of The Voting Rights Act: Divining Section Two Claims After Bartlett V. Strickland And The 2010 Census, Lindsey R. Watson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Equal Opportunity To Harass, Unequal Burdens Of Proof: Affirming The Equal Opportunity Defense, Todd J. Clark

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Religion, Race, & The Fourth Estate: Xenophobia In The Media Ten Years After 9/11, Roslyn Satchel Augustine, Jonathan C. Augustine

Tennessee Journal of Race, Gender, & Social Justice

September 11, 2011 marked the tenth anniversary of the most horrific attacks in the United States. In the decade after the September 11, 2001 attacks (9/11), matters of race and religion maintained an awkwardly prominent role in American culture, with the media arguably fueling perceptions. This interdisciplinary Article’s thesis is that media elites, most of which are large corporations, threaten American democracy with xenophobic influence in an age of unmediated communication. Thus, the frequent imagery of “us” versus “them” has exasperated religious tensions between Judeo-Christian faith groups and religious minorities.

In the wake of the United States Supreme Court’s decision …

Masculinities, Feminism, And The Turkish Headscarf Ban: Revisiting Şahin V. Turkey, Valorie K. Vojdik

Book Chapters

No abstract provided.

American Constitutional Law, Otis Stephens

College of Law Faculty Scholarship

No abstract provided.