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Articles 31 - 60 of 164
Full-Text Articles in Law
Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shechtman
Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shechtman
Tennessee Journal of Law and Policy
The United States' ongoing "War on Drugs" has reached a new level of confusion as several states have deviated from the unremitting federal policy against marijuana use and sale. Contributing to the confusion are the co-extensive, yet sometimes conflicting Constitutional tenets of interstate commerce, Tenth Amendment state sovereignty, and historic principles of federalism in state criminal enforcement. While there is no apparent end in sight for this overarching battle of federal versus state control, this article focuses on the highly controversial issue of what level of government should take responsibility for the formation of marijuana policy. Though much attention has …
Clinical Use Of Placebos: Medicine, Neuroscience, Ethics And The Law, Steven B. Perlmutter
Clinical Use Of Placebos: Medicine, Neuroscience, Ethics And The Law, Steven B. Perlmutter
Tennessee Journal of Law and Policy
When I am sick, I go to my doctor. She takes a history, does a physical examination, and tells me what is wrong. I expect that she will tell me what medicine to take, what exercises to do, what to eat or what surgery is needed. I want an answer and a solution. My thinking can be summed up in just one phrase, "Fix it!" But what if there is no medicine, no treatment, nothing to do about the condition? What then? I still want some remedy that will help me. My doctor wants me to be satisfied with her …
National Public Defense Symposium: "Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty", Jean Faria, Jon B. Gould, Elizabeth Libby Sykes
National Public Defense Symposium: "Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty", Jean Faria, Jon B. Gould, Elizabeth Libby Sykes
Tennessee Journal of Law and Policy
No abstract provided.
National Public Defense Symposium: "Unique Ethical Dilemmas In Capital Representation", Sean O'Brien, Bradley A. Maclean, Mary Ann Green, Ann Short-Bowers
National Public Defense Symposium: "Unique Ethical Dilemmas In Capital Representation", Sean O'Brien, Bradley A. Maclean, Mary Ann Green, Ann Short-Bowers
Tennessee Journal of Law and Policy
No abstract provided.
National Public Defense Symposium: Luncheon Address, Jerry Black
National Public Defense Symposium: Luncheon Address, Jerry Black
Tennessee Journal of Law and Policy
No abstract provided.
National Public Defense Symposium: "Dealing With Excessive Caseloads With Litigation", Mark E. Stephens, Rory Stein, Max Bahner, Cara H. Drinan, Adele Bernhard
National Public Defense Symposium: "Dealing With Excessive Caseloads With Litigation", Mark E. Stephens, Rory Stein, Max Bahner, Cara H. Drinan, Adele Bernhard
Tennessee Journal of Law and Policy
No abstract provided.
National Public Defense Symposium: "Dealing With Excessive Caseloads Without Litigation", Robert Stein, John Terzano, Norman Lefstein, Avis Buchanan, Robert Boruchowitz, Dennis Keefe, James R. Neuhard
National Public Defense Symposium: "Dealing With Excessive Caseloads Without Litigation", Robert Stein, John Terzano, Norman Lefstein, Avis Buchanan, Robert Boruchowitz, Dennis Keefe, James R. Neuhard
Tennessee Journal of Law and Policy
No abstract provided.
National Public Defense Symposium: Keynote Address, Laurie Robinson
National Public Defense Symposium: Keynote Address, Laurie Robinson
Tennessee Journal of Law and Policy
No abstract provided.
Systematic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Systematic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Tennessee Journal of Law and Policy
At the American Bar Association's National Public Defense Symposium in May, 2010, I delivered a talk on systemic indigent defense litigation. I spoke about this kind of litigation with measured optimism. Specifically, I described two pending suits of this kind - one in Michigan and one in New York - as successful models of modem litigation in this arena. In May, both suits had just survived motions to dismiss before their respective state supreme courts. I discussed the future trials in these suits and the potential for litigants to replicate the success of these suits in other jurisdictions.
Tjlp (2011) Volume 7 (Special Edition)
Tjlp (2011) Volume 7 (Special Edition)
Tennessee Journal of Law and Policy
No abstract provided.
State V. Pierce: Refining The Standard For The Admission Of Polygraph Evidence, Anton L. Jackson
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 …
The Clear Act: When The Wars On Terrorism And Immigration Collide, Maha M. Ayesh
The Clear Act: When The Wars On Terrorism And Immigration Collide, Maha M. Ayesh
Tennessee Journal of Law and Policy
In the summer of 2003, Representative Charles Norwood (GA) first introduced the controversial house bill titled the Clear Law Enforcement for Criminal Alien Removal Act (hereinafter "the CLEAR Act").' Though the original Act expired with the 108th Congress, Representative Norwood reintroduced the bill in the summer of 2005. The CLEAR Act was designed to address "the growing U.S. criminal alien crisis." In particular, the Act focuses on perceived inadequacies in the current system of enforcing immigration laws. It seeks to improve immigration enforcement by incorporating the help of state and local police in applying stricter penalties to those who violate …
Federalism Gone Far Astray From Policy And Constitutional Concerns: The Admissions Of Convictions To Impeach By State's Rules-1990-2004, Dannye W. Holley
Federalism Gone Far Astray From Policy And Constitutional Concerns: The Admissions Of Convictions To Impeach By State's Rules-1990-2004, Dannye W. Holley
Tennessee Journal of Law and Policy
This is a micro study of federalism in action. This study identifies, ranks, and evaluates the current federal and state rules regulating the same issue-whether to admit prior convictions to impeach a witness and the appropriate standards for doing so. Over the last several decades, there has been an almost unanimous chorus of criticism regarding the wholesale admission of convictions, ostensibly only to impeach, especially when prosecutors are authorized by an evidence rule to use convictions to impeach the testimony of an accused in a criminal case. Despite this criticism, this study, and a companion study of how state supreme …
Reclaiming The Public Forum: Courts Must Stand Firm Against Government Efforts To Displace Dissidence, Chris Ford
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.
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
Tennessee Journal of Law and Policy
On February 17, 2009, the Tennessee Supreme Court adopted a provisional rule to be used in child custody cases in all courts in the State of Tennessee.' The rule, Rule 40A, concerns the "Appointment of Guardians Ad Litem in Custody Proceedings" and dictates the appointment, role, powers, duties, rights, limitations, and costs of guardians ad litem in limited types of cases "including but not limited to divorce, paternity, domestic violence, contested adoptions, and contested private guardianship cases." Rule 40A is provisional in that it was passed with the intention of it lasting only a limited time while the mechanics of …
Is Parenting Authority A Usurpation Of Judicial Authority? Harmonizing Authority For, Benefits Of, And Limitations On This Legal-Psychological Hybrid, Joi T. Montiel
Tennessee Journal of Law and Policy
A "Parenting Coordinator" assists high-conflict parents in resolving disputes that arise in the parents' efforts to jointly parent their children after a divorce. The Parenting Coordinator simultaneously educates the parents to minimize the degree and frequency of future conflict. While Parenting Coordination is not mediation or arbitration, it is also not counseling. Instead, Parenting Coordination is a "legal-psychological hybrid."
Supplemental: In Re: Tennessee Supreme Court Rule 40a
Supplemental: In Re: Tennessee Supreme Court Rule 40a
Tennessee Journal of Law and Policy
No abstract provided.
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Chancellor’s Honors Program Projects
No abstract provided.
The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield
The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield
Chancellor’s Honors Program Projects
No abstract provided.
The Grave Disparities In Modern Education, Segregation, And School Budgeting: A Comparison Between Brown V. Board Of Education And San Antonio Independent School District V. Rodriguez, Kristin Anne Ballenger
The Grave Disparities In Modern Education, Segregation, And School Budgeting: A Comparison Between Brown V. Board Of Education And San Antonio Independent School District V. Rodriguez, Kristin Anne Ballenger
Chancellor’s Honors Program Projects
No abstract provided.
Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung
Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung
Chancellor’s Honors Program Projects
No abstract provided.
You're Sending The Wrong Message: Sexual Favoritism And The Workplace, Paige I. Bernick
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.
Fixing A Broken System: Reconciling State Foreclosure Law With Economic Realities, Yianni D. Lagos
Fixing A Broken System: Reconciling State Foreclosure Law With Economic Realities, Yianni D. Lagos
Tennessee Journal of Law and Policy
The housing crisis ignited a chain reaction of events that resulted in the U.S. economy cascading to the worst contraction since the Great Depression. In response, not only has the Federal Government proposed and implemented various legislation, but the financial industry has also joined in the effort to find a solution. However, large-scale mortgage restructurings already show signs of failing. These results should not be surprising, because general loan modifications suffer from the problems that created the housing crisis. Namely, mortgage originators did not examine whether the borrower could afford the monthly payments.