Law Commons^™

Volkswagen Chattanooga And Its Battle For Workers' Representation, Bianca C. Fankhauser

Chancellor’s Honors Program Projects

No abstract provided.

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.

What It Means To Be A Parent: A Problematic Outcome In Adoptive Couple V. Baby Girl, Amy Sosinski

The Forum: A Tennessee Student Legal Journal

No abstract provided.

Tennessee Law Fall 2014, University Of Tennessee College Of Law

Tennessee Law

No abstract provided.

The Advocate Summer 2014, The University Of Tennessee College Of Law's Center For Advocacy & Dispute Resolution

The Advocate

No abstract provided.

The Transition Advisor (Volume 1, Number 4), University Of Tennesse College Of Law

The Transition Advisor

No abstract provided.

The Transition Advisor (Volume 1, Number 2), University Of Tennesse College Of Law

The Transition Advisor

No abstract provided.

The Transition Advisor (Volume 1, Number 3), University Of Tennesse College Of Law

The Transition Advisor

No abstract provided.

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 …

Front Matter

Tennessee Journal of Law and Policy

No abstract provided.

Tjlp (Summer 2013) Volume 9 Special Edition

Tennessee Journal of Law and Policy

No abstract provided.

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 …

The Necessary Opportunism Of The Common Law First Amendment, Chris Stangl

Tennessee Journal of Law and Policy

The First Amendment historically has been interpreted to provide greater and greater protection to more and more forms of expression. The notion of an originalist First Amendment has never commanded a majority of the Supreme Court and is unlikely to do so. Instead the development of the First Amendment has followed a common law trajectory. As the reach of its protections expands, so to do its attractiveness for arguments that may be more accurately located elsewhere in the Constitution's text. Such opportunism is a predictable, even necessary consequence of the First Amendment's common law development, and the Supreme Court tacitly …

Precedent, Fairness, And Common Sense Dictate That Padilla V. Kentucky Should Apply Retroactively, William N. Conlow

Tennessee Journal of Law and Policy

In 2010, the Supreme Court decided the landmark case of Padilla v. Kentucky. The Padilla Court's holding was that failure of counsel to advise a non-citizen criminal defendant about the immigration consequences of a guilty plea constitutes ineffective assistance of counsel. This article addresses whether Padilla applies to convictions that occurred before Padilla was decided, in March 2010.

First, this article provides background on relevant immigration law, Padilla v. Kentucky, and the Supreme Court's retroactivity case law. Then, this article considers how lower courts have addressed the issue of retroactivity in the approximately twenty-seven months after the Padilla decision. This …

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 …

Front Matter

Tennessee Journal of Law and Policy

No abstract provided.

Tjlp (2013) Volume 9 Number 1

Tennessee Journal of Law and Policy

No abstract provided.

Summers-Wyatt Symposium: "Crisis, Coverage, And Communication: Advocacy In A 24/7 News World"

Tennessee Journal of Law and Policy

No abstract provided.

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 …

Keynote Address: Protecting The Pillars Of Our Legal System, Bernard W. Nussbaum

Tennessee Journal of Law and Policy

No abstract provided.

The Role Of The Attorney And The Attorney Client Relationship: The Keys To Improved Public Perception Of Attorneys And The Lexus, Jeanne Marie Zokovitch Paben

Tennessee Journal of Law and Policy

It is a pivotal time for the legal profession. Economic challenges are making it harder and harder for the historical law firm to survive. According to the National Law Journal's annual survey, "the 250 biggest firms ... shed more than 9,500 lawyers in 2009 and 2010, nearly 8% of the total [lawyers at those firms]." This represents the largest multiyear decline in the thirty-four years the National Law Journal has conducted this survey.

These same challenges are making it harder for law graduates to get "typical" law jobs. The job statistics for recent law school graduates have not been good. …

Front Matter

Tennessee Journal of Law and Policy

No abstract provided.

Tjlp (Summer 2012) Volume 8 Special Edition

Tennessee Journal of Law and Policy

No abstract provided.

Appendix: Transcript Of Video Legislative History Of Public Chapter No. 4981

Tennessee Journal of Law and Policy

No abstract provided.

Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen Bright

Tennessee Journal of Law and Policy

No abstract provided.

Tennessee Tussle: The Struggle Over Tennessee's Collective Bargaining Curtailment And Its Potential Future Impact, William Gibbons

Tennessee Journal of Law and Policy

One representative referred to Tennessee's teacher collective bargaining bill as "...the tail wagging the dog." Another said it signified a fight against "socialistic bargaining." A lobbyist for the Tennessee Education Association (TEA) said it "...turn[ed] back the clock 35 years." The bill's sponsor declared that the legislation would reverse the state teachers' union's "strangle [on] the hope of education reform." Without a doubt, the Tennessee 107th General Assembly's most contentious debate brought out hostile language from both sides. The final result, the Professional Educators Collaborative Conferencing Act of 2011 (PECCA), formalized collective bargaining's replacement with "collaborative conferencing," in which education …

Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon

Tennessee Journal of Law and Policy

In its 2011 session, the Tennessee General Assembly purported to overrule a landmark decision of the Tennessee Supreme Court that had clarified the burden of production on summary judgment motions. The stage was set for this legislation by the November 2010 election, in which Republicans won majorities of twenty to thirteen in the State Senate and sixty-four to thirty-four (plus one GOP-leaning independent) in the House of Representatives. In addition, Bill Haslam, the Republican Mayor of Knoxville, won the election for Governor handily, leaving Republicans "large and in charge" and in control of the executive branch and both houses of …