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Full-Text Articles in Law

Good Of My Patient: Who Gets To Decide?, Lauren Ruvo May 2019

Good Of My Patient: Who Gets To Decide?, Lauren Ruvo

Tennessee Journal of Race, Gender, & Social Justice

Physicians play a crucial role in helping patients make life or death decisions. However, all healthcare professionals have personal beliefs and biases that influence these decisions. This paper explores how physicians are able to uphold the Hippocratic ideal of doing what is in the best interest of the patient while taking into account their personal beliefs and biases. The paper begins by analyzing existing schools of thought around how to do what is best for the patient. While there are many different views, this paper looks at the main three: the bioethical movement, the paternalistic approach to medicine, and the ...


Solidarity Economy Lawyering, Renee Hatcher May 2019

Solidarity Economy Lawyering, Renee Hatcher

Tennessee Journal of Race, Gender, & Social Justice

This essay explores lawyering in the solidarity economy movement as an emergent approach to progressive transactional lawyering. The solidarity economy movement is a set of value-driven theories and practices that seeks to transform the global economy into a just economy that centers the needs of people and the planet. While the solidarity economy movement has been established for several decades in other parts of the world, the solidarity economy movement in the United States emerged in 2007. Over the last decade the movement has grown and gained significant momentum, with the rise of solidarity economy organizations and initiatives, as well ...


Impact Transaction - Using Collective Impact Relational Contracts To Redefine Social Change In The Urban Core, Patience A. Crowder May 2019

Impact Transaction - Using Collective Impact Relational Contracts To Redefine Social Change In The Urban Core, Patience A. Crowder

Tennessee Journal of Race, Gender, & Social Justice

Called a “protest anthem” for urban America, Inner City Blues, the final single from R&B artist Marvin Gaye’s award-wining album What’s Going On, documents American urban life by detailing the systemic barriers to economic independence and social equality that plagued urban residents and the impact of these barriers on their daily lives. The song (and album) were released in 1971 as Gaye’s journalistic exploration of the poverty-induced challenges and frustrations of urban life. Almost fifty years later, unfortunately, not much has changed. This is because the operation of law in urban communities historically not been designed ...


Stability In Government, Emerging Technology, And Decentralized Economies: An Analysis Of Alternative Uses Of Cryptocurrencies, Mickayla Stogsdill May 2019

Stability In Government, Emerging Technology, And Decentralized Economies: An Analysis Of Alternative Uses Of Cryptocurrencies, Mickayla Stogsdill

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.


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.


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 ...