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Full-Text Articles in Law

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.


Rejecting The Wrongs Of Yesterday: A Multifaceted Approach To Eliminating Racial Disparities In The Arkansas Criminal Justice System, Adjoa A. Aiyetoro, Tara V. Dejohn Jun 2017

Rejecting The Wrongs Of Yesterday: A Multifaceted Approach To Eliminating Racial Disparities In The Arkansas Criminal Justice System, Adjoa A. Aiyetoro, Tara V. Dejohn

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Failing To Fund Fairly: Title Ix Athletics Scholarships Compliance, Barbara J. Osborne Jun 2017

Failing To Fund Fairly: Title Ix Athletics Scholarships Compliance, Barbara J. Osborne

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Making Gender Visible: Title Ix And Discriminatory School Discipline, Verna Williams Jun 2017

Making Gender Visible: Title Ix And Discriminatory School Discipline, Verna Williams

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis Jun 2017

Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah L. Brake Jun 2017

Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah L. Brake

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik Jun 2017

Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Table Of Contents, Tabitha Johnson Jun 2017

Table Of Contents, Tabitha Johnson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Dynamic Cycle Of Legal Change, John Martinez Jun 2014

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 ...


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 May 2014

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 ...


Fixing A Broken System: Reconciling State Foreclosure Law With Economic Realities, Yianni D. Lagos Apr 2014

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.


Euthanizing The Profoundly Mentally Incapacitated: A Simple Economic Analysis, Bernard A. Eskandari Feb 2014

Euthanizing The Profoundly Mentally Incapacitated: A Simple Economic Analysis, Bernard A. Eskandari

Tennessee Journal of Law and Policy

Throughout history, the killing of those that society deems unfit has gone in and out of fashion. Typically, the targets of such programs are the mentally disabled, the physically disabled, and the insane. Sexual orientation, religious or political beliefs, and propensity for criminality may become part of the criteria as well, depending on society's commitment and fervor for such a program. The apparent reason for killing the unfit is to create a superior population-a citizenry that is both mentally and physically superior-while reducing the incidence of those in society that constitute a drain-those who ostensibly take more from society ...


Toward Equal Access To Justice: Rethinking The Role Of Law Schools, Douglas A. Blaze Feb 2014

Toward Equal Access To Justice: Rethinking The Role Of Law Schools, Douglas A. Blaze

Tennessee Journal of Law and Policy

If the goal is equal access to justice, as it must be, the pro bono efforts of lawyers are relatively insignificant. Despite years of exhortation by an impressive assortment of judges and bar leaders and the addition of increasingly strong aspirational language in professional rules,' an abysmally small percentage of lawyers engage in pro bono representation. According to the best national estimate, lawyers provide on average less than a half-an-hour per week of assistance to the poor. Staff attorneys from federally-funded legal aid programs provide most of the civil legal services available to low-income clients. The pro bono efforts of ...


Anomalies In Intentional Tort Law, Alan Calnan Feb 2014

Anomalies In Intentional Tort Law, Alan Calnan

Tennessee Journal of Law and Policy

All intentional torts are governed by three basic principles: (1) intent is a necessary and sufficient basis for holding someone liable; (2) each intentional tort must violate its own specific behavioral rule; and (3) all intentional torts require proof of the defendant's fault. Together, these principles appear to make intentional tort law both unique and self-contained. The first principle justifies creating an intentional tort theory of recovery. The second principle distinguishes that theory from negligence, which bases liability on the fixed standard of reasonable care. The third principle separates intentional torts from the no-fault theory of strict liability.

Of ...


Hostess Brands, Inc. Bankruptcy, Kathryn K. Ganier, Frederick L. Conrad Iii, Wendy G. Patrick Apr 2013

Hostess Brands, Inc. Bankruptcy, Kathryn K. Ganier, Frederick L. Conrad Iii, Wendy G. Patrick

Chapter 11 Bankruptcy Case Studies

In 1930, the Hostess Corporation[1] began as the Interstate Baking Corporation (IBC). In Kansas City Missouri, flour, wheat, and grain marched from machines as workers placed sliced white squares into Wonder Bread’s iconic yellow, red, and blue packaging.[2]

Hostess grew from its small town beginnings into a large corporation thanks in large part to its innovation in its product lines as well as growth through the acquisition of its competitors. By the end of 2012, “Hostess [was] one of the largest wholesale bakers and distributors of bread and snack cakes in the United States [and] operate[d ...


Force Out: A Dodgers Bankruptcy, Richard Marrero, Cj Fayton Apr 2013

Force Out: A Dodgers Bankruptcy, Richard Marrero, Cj Fayton

Chapter 11 Bankruptcy Case Studies

The premise of a chapter 11 bankruptcy is that the business’ going concern value exceeds its liquidation value. It provides the debtor with an opportunity to restructure their debt so that they can pay back their creditors and stay in business.

The debtor’s filing of the bankruptcy petition creates an “automatic stay.”[1] The automatic stay is an injunction that prevents creditors from pursuing legal actions against the debtor and its assets. The automatic stay, however, protects not only the debtor but the creditors as well. In the absence of the automatic stay, creditors would “race to the courthouse ...


Front Matter Jan 2012

Front Matter

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Book 30 Jan 1944 - Nov 1945 Jan 1945

Book 30 Jan 1944 - Nov 1945

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Books sent to war prisoners; concerned about returned members of Armed Forces “pouring” into schools and colleges; End of World War II.


Book 29 July 1942 - Dec 1943 Jan 1943

Book 29 July 1942 - Dec 1943

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Alumni joining army; Female law students; War Effort Blackouts force library to close early at times; reports of alumni missing/killed in Europe; War Labor Conference.


Book 28 July 1, 1941 - June 24, 1942 Jan 1942

Book 28 July 1, 1941 - June 24, 1942

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Attack on Pearl Harbor on December 7, 1941; United States enters World War II; Dean goes to Chattanooga for a war conference; blackouts for war effort.


Book 27 July 1940-June 1941 Jan 1941

Book 27 July 1940-June 1941

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: A woman in the class of first year students using law library; Discussion of orientation classes in law school- law faculty wanting no orientation since professional school.


Book 26 July 1, 1939 - June 30, 1940 Jan 1940

Book 26 July 1, 1939 - June 30, 1940

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Harsh winter; considering facilitating the use of personally owned typewriters; Seniors drafted up a letter to the President protesting his lack of neutrality in public utterances; Chain letter circulated by 1st year student about keeping US out of war.


Book 25 July 1, 1938 - June 30, 1939 Jan 1939

Book 25 July 1, 1938 - June 30, 1939

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Mention of new Supreme Court building in Washington; funeral of Dean Massey; law library closed in afternoons during football games.


Book 24 July 1937 - June 1938 Jan 1938

Book 24 July 1937 - June 1938

College of Law Library History

Francis Apperson has joined library staff as Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Discussion how UT one of first law libraries to permit circulation; Constitution’s 150th Anniversary.


Book 23 July 29, 1936 - June 30, 1937 Jan 1937

Book 23 July 29, 1936 - June 30, 1937

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Law school closed while President comes through Knoxville; dedication of Ferris Hall; petition to increase open hours of library; Increasing library staff hours and schedule to 40 hours a week with vacation and student assistants.


May 1, 1933 - June 30, 1933 Jan 1933

May 1, 1933 - June 30, 1933

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: UT observes daylight savings hours; Controversy about daylight savings.


Oct. 1, 1931 - June 30, 1932 Jan 1931

Oct. 1, 1931 - June 30, 1932

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: One professor mentions that all of the “poor students” have been “eliminated” from his class due to cost of school; girl law students begin to regularly use the law library; Justice Holmes retires; State Bar Exam held in Knoxville.


May 19, 1931 - Sept 30, 1931 Jan 1931

May 19, 1931 - Sept 30, 1931

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. These librarians spent their days assisting patrons, binding books, record keeping, obtaining new material for the library and writing. Records indicate attendance, what students were studying and events in the community.


Book 14 July 1929 - June 1930 Jan 1930

Book 14 July 1929 - June 1930

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Judge Swiggart of State Supreme Court used library Oct. 12, 1929; Night school begins.


Book 13 Sept 1928 - June 1929 Jan 1929

Book 13 Sept 1928 - June 1929

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Library use greatly increasing; details decisions made to improve and expand the library, working with the Knoxville Bar Association.