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University of Tennessee, Knoxville

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Full-Text Articles in Law

What Do Voting Results Of The 2016 State Elections Tell Us About Bias Response Teams?, Reid Parker May 2019

What Do Voting Results Of The 2016 State Elections Tell Us About Bias Response Teams?, Reid Parker

Chancellor’s Honors Program Projects

No abstract provided.


An Inquiry Into The Regulation Of Social Media Disclosure Policy And Its Impacts On Retail Investor Trading Activity, Sebastian Georg Soldner May 2019

An Inquiry Into The Regulation Of Social Media Disclosure Policy And Its Impacts On Retail Investor Trading Activity, Sebastian Georg Soldner

Chancellor’s Honors Program Projects

No abstract provided.


Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close Feb 2019

Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close

Tennessee Journal of Law and Policy

Over the last decade or so, federal and state education policymakers embraced the use of value added models (VAMs) to evaluate teachers’ performance and make high-stakes employment decisions (e.g., tenure, merit pay, termination of employment). VAMs are complicated statistical models that attempt to estimate a teacher’s contribution to student test scores, particularly those in mathematics and reading. Educational researchers, as well as many teachers and unions, however, have objected to the use of VAMs noting that these models fail to adequately account for variables outside of teachers’ control that contribute to a student’s education performance. Subsequently, many ...


Pleading Guilty: Indigent Defendant Perceptions Of The Plea Process, Jeanette Hussemann, Jonah Siegel Feb 2019

Pleading Guilty: Indigent Defendant Perceptions Of The Plea Process, Jeanette Hussemann, Jonah Siegel

Tennessee Journal of Law and Policy

Public defenders and other court actors most often engage in behind-the-scene plea negotiating to manage overwhelming workloads and to dispose of cases as quickly and efficiently as possible. In prior work, scholars have documented an increased reliance on plea bargaining and the deleterious impact of the practice on the legal process and the rights of individuals accused of a crime; however, this research has not systematically analyzed the decisions made, and the perspectives of justice of society’s most disadvantaged and arguably most important actors of the court, the defendants. Relying on data collected in a Midwestern public defense system ...


Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson Feb 2019

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 ...


Tennessee Journal Of Law And Policy Volume 13, Issue 2 (Winter 2019) Feb 2019

Tennessee Journal Of Law And Policy Volume 13, Issue 2 (Winter 2019)

Tennessee Journal of Law and Policy

No abstract provided.


Defining The Role Of Clinical Law Students, Medical-Legal Partnerships, And Pro Bono Lawyers Feb 2019

Defining The Role Of Clinical Law Students, Medical-Legal Partnerships, And Pro Bono Lawyers

Tennessee Journal of Law and Policy

No abstract provided.


Responding To The Impacts Of The Opioid Epidemic On Families Feb 2019

Responding To The Impacts Of The Opioid Epidemic On Families

Tennessee Journal of Law and Policy

No abstract provided.


The Opioid Epidemic: Regulation, Responsibility, And Remedies Feb 2019

The Opioid Epidemic: Regulation, Responsibility, And Remedies

Tennessee Journal of Law and Policy

No abstract provided.


Healing Appalachia: Keynote Address Feb 2019

Healing Appalachia: Keynote Address

Tennessee Journal of Law and Policy

No abstract provided.


A Rot In Heaven: A Powerful Investigative Partnership, The Opioid Crisis, Pill Profits, And A Pulitzer Prize Feb 2019

A Rot In Heaven: A Powerful Investigative Partnership, The Opioid Crisis, Pill Profits, And A Pulitzer Prize

Tennessee Journal of Law and Policy

No abstract provided.


Symposium Issue 2018 Feb 2019

Symposium Issue 2018

Tennessee Journal of Law and Policy

No abstract provided.


Contextualizing The Corporate Rights Movement In Transactional Clinics, Alina Ball Jan 2019

Contextualizing The Corporate Rights Movement In Transactional Clinics, Alina Ball

Tennessee Journal of Race, Gender, & Social Justice

This year is the 150th anniversary of the Fourteenth Amendment and provides an opportune moment to reflect on the role corporations have played in shaping not merely their own, but also individual constitutional rights. An examination of the “corporate rights movement” reveals the most successful legal battle in American jurisprudence, which was waged by corporations to obtain constitutional protection. From the right to sue in federal court to the right of contract through free speech rights, corporations have enlisted the best legal minds to advance their cause for expanded constitutional rights. As a result of their relentless litigation strategies, corporations ...


Economic Empowerment In The Alabama Black Belt: A Transactional Law Clinic Theory And Model, Casey E. Faucon Jan 2019

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 Jan 2019

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 ...


The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise Pantin Jan 2019

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 ...


The Economic Justice Imperative For Lawyers In “Trump Country”, Priya Baskaran Jan 2019

The Economic Justice Imperative For Lawyers In “Trump Country”, Priya Baskaran

Tennessee Journal of Race, Gender, & Social Justice

This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting ...


Arms And The Man: Strategic Trade Control Challenges Of 3d Printing, Arjun Banerjee Nov 2018

Arms And The Man: Strategic Trade Control Challenges Of 3d Printing, Arjun Banerjee

International Journal of Nuclear Security

3D printing is on the verge of confronting Customs and other security agencies with a whole new set of mind-boggling problems. With the tremendous reach of the Internet worldwide, virtual blueprints to weapon parts, components and accessories of drones, narcotic drugs and psychoactive substances, all strategic trade items, as well as other restricted items such as pornographic material, can be proliferated and printed out swiftly by any individual or organization with access to a 3D printer. Intellectual Property Rights are also endangered by these machines. Technology is forever outpacing fast antiquating legal institutions, and security systems, which require revamping to ...


Tennessee's Death Penalty Lottery, Bradley A. Maclean, H. E. Miller Jr. Nov 2018

Tennessee's Death Penalty Lottery, Bradley A. Maclean, H. E. Miller Jr.

Tennessee Journal of Law and Policy

Over the past 40 years, Tennessee has imposed sustained death sentences on 86 of the more than 2,500 defendants found guilty of first degree murder; and the State has executed only six of those defendants. How are those few selected? Is Tennessee consistently and reliably sentencing to death only the “worst of the bad”? To answer these questions, we surveyed all of Tennessee’s first degree murder cases since 1977, when Tennessee enacted its current capital punishment system. Tennessee’s scheme was designed in response to the U.S. Supreme Court’s decision in Furman v. Georgia, which held ...


Now Is The Winter Of Ginsburg's Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale Test, Taylor Payne Nov 2018

Now Is The Winter Of Ginsburg's Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale Test, Taylor Payne

Tennessee Journal of Law and Policy

The preliminary injunction is an equitable remedy that may be granted to prevent harm to a movant before adjudication on the merits can be reached. The United States Supreme Court most recently iterated in Winter v. National Resource Defense Counsel, Inc. the four factors a court must consider for a preliminary injunction to issue.[1] A movant seeking a preliminary injunction must establish that the movant is likely to succeed on the merits; that the movant is likely to suffer irreparable harm in the absence of preliminary relief; that the balance of equities tips in the movant’s favor; and ...


Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context, Tyler Corcoran Nov 2018

Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context, Tyler Corcoran

Tennessee Journal of Law and Policy

No abstract provided.


Volume 13, Issue 1 (Summer 2018), Tennessee Journal Of Law & Policy N/A Nov 2018

Volume 13, Issue 1 (Summer 2018), Tennessee Journal Of Law & Policy N/A

Tennessee Journal of Law and Policy

No abstract provided.


Recommended Corrective Security Measures To Address The Weaknesses Identified Within The Shapash Nuclear Research Institute, Khadija Moussaid, Oum Keltoum Hakam Jun 2018

Recommended Corrective Security Measures To Address The Weaknesses Identified Within The Shapash Nuclear Research Institute, Khadija Moussaid, Oum Keltoum Hakam

International Journal of Nuclear Security

The Shapash Nuclear Research Institute (SNRI) data book was issued by the International Atomic Energy Agency (IAEA) in 2013. The hypothetical facility data book describes the hypothetical site, which is divided into two areas: the low-security area, known as the administrative area, and the very high-security area, known as the protected area. The book contains detailed descriptions of each area’s safety and security measures, along with figures of multiple buildings in both areas, and also includes information about the site’s computer networks.

This paper aims to identify security weaknesses related to the institute’s location, the Administrative Area ...


Modern Hegemony – Implicit Bias, Media, And The Criminal Justice System, Dylan Tucker May 2018

Modern Hegemony – Implicit Bias, Media, And The Criminal Justice System, Dylan Tucker

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Is Our Guaranteed “Free Appropriate Public Education” Meaningful For Students With Disabilities?: A Closer Look At Endrew F. V. Douglas Cty. Sch. Dist. Re-1, Clarifying Public Education Requirements For Students With Disabilities, Megan Austin May 2018

Is Our Guaranteed “Free Appropriate Public Education” Meaningful For Students With Disabilities?: A Closer Look At Endrew F. V. Douglas Cty. Sch. Dist. Re-1, Clarifying Public Education Requirements For Students With Disabilities, Megan Austin

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Moving Beyond The Box: Improving Educational Opportunities For Ex-Offenders, Martin S. Bressler May 2018

Moving Beyond The Box: Improving Educational Opportunities For Ex-Offenders, Martin S. Bressler

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


In Your Professional Opinion: An Analysis Of The First Amendment Implications Of Compelled Professional Speech In Stuart V. Camnitz, Erin K. Phillips May 2018

In Your Professional Opinion: An Analysis Of The First Amendment Implications Of Compelled Professional Speech In Stuart V. Camnitz, Erin K. Phillips

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Neuroscience And Epigenetics Of Sexual Harassment: Brain Reactions, Gene Expressions, And The Hostile Work Environment Cause Of Action, Kimberly Papillon May 2018

The Neuroscience And Epigenetics Of Sexual Harassment: Brain Reactions, Gene Expressions, And The Hostile Work Environment Cause Of Action, Kimberly Papillon

Tennessee Journal of Race, Gender, & Social Justice

Sexual harassment has emerged as a devastating reality in the American workplace. Courts have reviewed cases while lamenting about the imprecision in the law and its application to the facts. When jurisprudence joins neuroscience and analysis joins epigenetics a new approach to sexual harassment will emerge. The Article uses neuroscience and epigenetics to add precision to judging sexual harassment claims. The Article shows how the science of epigenetics can be used to accurately assess the victim’s injury and damages. Macro and micro-aggressions in a hostile work environment can have lasting effects on gene expression. Telomere length can degrade causing ...


Table Of Contents, Eboni A. James May 2018

Table Of Contents, Eboni A. James

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Concussion Protocols For Youth Sport In Tennessee, Corinne C. Oliphant May 2018

Concussion Protocols For Youth Sport In Tennessee, Corinne C. Oliphant

Chancellor’s Honors Program Projects

No abstract provided.