Law Commons^™

Connecting Nuclear Security To International Frameworks On Gender And Security, Kathleen A. Doty, Jessica S. Burniske

International Journal of Nuclear Security

The international community is slowly beginning to recognize the intersections between law and policy as it relates to international security—particularly arms control, nonproliferation, and disarmament—and the body of human rights law that addresses gender equality. Notably absent from this discussion is the field of nuclear security. Despite its historical underpinnings as an inherently domestic activity, nuclear security is thoroughly grounded in international treaty law. However, nuclear security is often overlooked in the international security context and has not been well-situated in international instruments that address gender equality. We argue that gender equality in nuclear security should be understood as an …

Women In Nuclear Power Programs: Case Studies From Africa, Jessica S. Burniske, Chanel Chauvet-Maldonado, Beth Kaboro, Madalina Man, Susan Nalumansi

International Journal of Nuclear Security

Approximately 30 countries are considering, planning, or starting nuclear power programs, and nearly 20 more countries have expressed interest in nuclear power. Most of these countries are nuclear newcomers. According to the International Atomic Energy Agency (IAEA), a nuclear power program is a major undertaking requiring careful planning, preparation, and investments in institutions and human resources because of the safety, security, and safeguards requirements associated with the use of nuclear energy. The IAEA Milestones Approach states that states should follow three phases of development to establish the necessary infrastructure for a nuclear power program. Nuclear security is one of the …

_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman

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

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture …

The Role Of Nuclear Forensics For Determining The Origin Of Nuclear Materials Out Of Regulatory Control And Nuclear Security, Lekhnath Ghimire, Edward Waller

International Journal of Nuclear Security

The international community recognizes the rise in theft and illicit trafficking of nuclear materials and radioactive sources—for malicious use and nuclear terrorism—as a serious threat. That is why a well-developed nuclear forensics capability is an integral part of a robust nuclear security program and a key element of nuclear security infrastructure. Both pre- and post-detonation nuclear forensics are vital for controlling theft and illicit trafficking of nuclear materials, as well as identifying and tracing their sources. Nuclear forensics analysis and interpretation processes for nuclear security is a systematic process that includes: (1) sample collection and categorization techniques and (2) detailed …

College Athletics And Disseminating Sports Betting Data, Ryan Rodenberg

Journal of Applied Sport Management

The focus of this article is the interplay between college athletics and sports betting data dissemination, a near-future friction poised for litigation given concurrent issues involving name-image-likeness (NIL) rights and concentration of college sports via mega-conferences.

Sunken Efforts? Legal Hurdles To Stemming Maritime Cbrne Proliferation, Arjun Banerjee

International Journal of Nuclear Security

For four centuries, the law of the sea has rested on the principle of mare liberum or the freedom of the high seas. The oceans have traditionally been regarded as areas over which no state could claim dominion or sovereignty. Nations desirous of countering security threats have found that their efforts are curtailed by the traditional paradigm, partly because of the resistance from other states to permit further derogation. Several extant laws aim to contain the spread of CBRN (chemical, biological, radiological and nuclear) material through a variety of measures. Certain bilateral agreements between nations exist, but the foreign vessel …

Physical Protection System, Corrective Actions, And Weaknesses Identification Based On Nuclear Security Series: The Hypothetical Atomic Research Institute (Hari) Case, Ouadie Kabach

International Journal of Nuclear Security

The paper is an attempt, based on the IAEA’s Nuclear Security Series (NSS), to identify any unacceptable dysfunction of Physical Protection System (PPS) of the Material Test Reactor (MTR) facility in a Hypothetical Atomic Research Institute (HARI). The evaluation of an existing or a proposed PPS requires a methodical approach whereby the ability of the security system to meet defined protection goals as the safeguard against possibility of sabotage and theft should be measured. Without such kind of careful assessment, the PPS might waste valuable resources on unnecessary protection or, worse yet, fail to provide adequate protection at critical points …

Consideration Of Administrative Monetary Penalties In Nuclear Safety And Security, Jelena Vucicevic, Edward Waller

International Journal of Nuclear Security

An Administrative Monetary Penalty (AMP) is a penalty imposed by the Canadian Nuclear Safety Commission (CNSC), without court involvement for a violation of a regulatory requirement. An AMP can be applied against any individual or corporation subject to the Nuclear Safety Control Act, which regulates the development, production and use of nuclear energy and the production, possession and use of nuclear and radioactive material. However, AMPs are not the same as criminal offences. They are civil sanctions which try to secure compliance through the application of monetary penalties for non-compliance with regulatory requirements. The AMP program was introduced in 2013 …

Defining Insanity: How An Individual's View Can Impact A Trial, Jayme L. Ayres

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

The insanity plea has always been a controversial topic among anyone. No one sees eye to eye on the matter. This can present a problem within professional fields. When insanity cases are brought into courtrooms, legal and psychology professionals need to be able to agree to some extent. However, these professionals have no true control on how jurors define insanity. Jurors tend to determine guilty or not guilty in insanity cases, based on their own personal views. The current study is a replication of Doctor John Geiger’s 2003 and 2008 study of how legal professionals and undergraduate psychology students view …

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

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

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …

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 teachers challenged the …

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, this …

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 …

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

Tennessee Journal of Law and Policy

No abstract provided.

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

Tennessee Journal of Law and Policy

No abstract provided.

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, Becky Jacobs Professor

Tennessee Journal of Law and Policy

No abstract provided.

Symposium Issue 2018

Tennessee Journal of Law and Policy

No abstract provided.

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.

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 that a capital punishment …

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 that …

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

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

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 (AA), the Protected …

Developing Kenya’S Educational Capacity In Nuclear Security Through Nuclear Forensics Research, Hudson Kalambuka Angeyo

International Journal of Nuclear Security

Nuclear energy’s distinctive characteristics give rise to special educational requirements. These requirements are necessary to not only address the danger of nuclear proliferation, but also to build capacity for a secure nuclear fuel circle. In this paper, I assess the status of educational capacity in nuclear security both in response to, and in support of, Kenya’s nuclear power program. I highlight the nuclear security educational infrastructure’s key features in the context of nuclear power, noting the low capacity at Kenyan universities. I identify the steps required to ensure that the country’s dynamic nuclear regulatory infrastructural framework is used effectively to …

The "Double Standard" Of Nonproliferation: Regime Type And The U.S. Response To Nuclear Weapons Program, Alina Shymanska

International Journal of Nuclear Security

There is no doubt that the NPT regime is far from being equal for all states involved. As the predominant hegemonic power since WWII, the United States plays a major role in deciding the fates of non-great power proliferators. This article tries to find the logical explanation of the phenomenon whereby some nuclear proliferators are absolved regardless of their active accumulation of nuclear arsenals while others are labeled as “rogue states” and ordered to disarm. The article suggests that a particular proliferator’s political regime could affect the way in which its state is approached by the U.S., known for its …

The Case For Complicity-Based Religious Accommodations

Tennessee Journal of Law and Policy

No abstract provided.

Judicial Hot Potato: An Analysis Of Bifurcated Courts Of Last Resort In Texas And Oklahoma

Tennessee Journal of Law and Policy

No abstract provided.