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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.


Criminalizing Pregnancy, Cortney E. Lollar Aug 2017

Criminalizing Pregnancy, Cortney E. Lollar

Cortney Lollar

The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee's 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the ...


Criminalizing Pregnancy, Cortney E. Lollar Jul 2017

Criminalizing Pregnancy, Cortney E. Lollar

Law Faculty Scholarly Articles

The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee's 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the ...


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.


Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright Apr 2017

Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright

Lincoln Memorial University Law Review

This Note addresses Tennessee's no-fault divorce statute. Currently, married couples are forced to either agree on all issues or prove at least one fault ground. This author contends that the current law imposes an unnecessary burden on litigants, which wastes precious resources that Tennessee families could use for more productive purposes. Moreover, pure no-fault states have not seen a disproportionate rise in divorce rates. Last, pure no-fault divorce better reflects current societal trends and the evolving effect of religious affiliation on how a younger generation defines morality.


Judicial Perspectives Series, Roger A. Page Jan 2017

Judicial Perspectives Series, Roger A. Page

Belmont Law Review

A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.


Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean Jan 2017

Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean

Belmont Law Review

Regionalism Panel Discussion Featuring: Mr. Jon Cooper, Mr. Ralph Schulz, and Mr. Michael Skipper. Moderated by Mayor Karl Dean. October 7, 2016


Strengthening Our Cities, Raumesh Akbari Jan 2017

Strengthening Our Cities, Raumesh Akbari

Belmont Law Review

Belmont Law Review Symposium Presentation: Representative Raumesh Akbari, Strengthening Our Cities. October 7, 2016


Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon Dec 2016

Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon

Matthew Lyon

Pennsylvania's judges and lawyers are considering whether to
make changes to their complicated system of conflicting local civil
rules, which has its vestiges in the scheme that existed prior to the
adoption of the 1968 Pennsylvania Constitution and its complete
revisions to Article V.1 At the heart of this debate is the question of
whether conformity between the rules of civil procedure at the
different levels of our federalist system—local, state, and federal—
is desirable. In deciding whether a change is necessary to the local
rules in the commonwealth, decision makers in the Keystone State
should seek ...


The Korean War Through The Eyes Of Ray Deweese, Yulissa Y. Lara Dec 2016

The Korean War Through The Eyes Of Ray Deweese, Yulissa Y. Lara

Korean War

Ray DeWeese was born in Cleveland, TN on May 10, 1928 and has lived in Cleveland most of his life. He enlisted in the Marine Corps at 17 years old and fought towards the end of World War II and went off to be a pilot and officer during the Korean War. This interview depicts Mr.DeWeese’s experience during World War II but digs deeper into the difficulty of being a pilot during the brutal Korean War. As Mr. DeWeese recounts his traumatic experience he emphasizes how his diligent training, hardworking comrades, and his Faith in God got him ...


Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon Jun 2016

Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development

21 slides


The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey Jun 2016

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.


Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman Jan 2016

Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman

Steven Feldman

Currently, a lively debate exists in the academic community about the fairness of contractual arbitration clauses. The commentators, however, rarely explore the doctrinal aspects of arbitration as found in the Uniform Arbitration Act, the Revised Uniform Arbitration Act, and the Federal Arbitration Act.

This oversight is regrettable because standard form arbitration clauses are a fixture on the current legal landscape and the odds are high that arbitration in its current form will continue for many years to come.

This article analyzes the Tennessee Uniform Arbitration Act (TUAA). One of the most challenging TUAA topics is the action for vacatur (annulment ...


(B)Light At The End Of The Tunnel? How A City’S Need To Fight Vacant And Abandoned Properties Gave Rise To A Law School Clinic Like No Other, Daniel M. Schaffzin Jan 2016

(B)Light At The End Of The Tunnel? How A City’S Need To Fight Vacant And Abandoned Properties Gave Rise To A Law School Clinic Like No Other, Daniel M. Schaffzin

Washington University Journal of Law & Policy

This Article, by Professor Daniel Shaffzin from the University of Memphis School of Law, examines the rise and devastating effects of the nationwide vacant and abandoned property epidemic, the statutory authority available in Tennessee to pursue recourse against the owners of such property, and the broader blight-fighting strategy being employed by the City, which precipitated the launch of the University of Memphis Law School Neighborhood Preservation Clinic. Shaffzin next examines the Clinic’s multi-layered design and articulates the benefits that the Clinic has conferred upon its students, the Law School, and the City of Memphis. Shaffzin concludes that the Neighborhood ...


Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter Dec 2015

Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter

Matthew Lyon

What must a defendant do to be granted summary judgment in
Tennessee? This question has given rise to a long, hotly contested
battle over the proper role of summary judgment and, ultimately,
who should bear the burden of producing evidence and when. The
evolution of Tennessee’s summary judgment standard—from the
adoption of the Tennessee Rules of Civil Procedure in 1971 to the
Tennessee Supreme Court’s most recent interpretation of Rule 56 in
2015—is a story of competing visions of the benefits and burdens
associated with civil litigation. How much time should an aggrieved
party have to ...


Do Laws Have A Constitutional Shelf Life?, Allison Orr Larsen Oct 2015

Do Laws Have A Constitutional Shelf Life?, Allison Orr Larsen

Faculty Publications

Times change. A statute passed today may seem obsolete tomorrow. Does the Constitution dictate when a law effectively expires? In Shelby County v. Holder, the 2013 decision that invalidated a provision of the Voting Rights Act, the Court seems to answer that question in the affirmative. Although rational and constitutional when written, the Court held that the coverage formula of the law grew to be irrational over time and was unconstitutional now because it bears “no logical relation to the present day.” This reason for invalidating a law is puzzling. The question answered in Shelby County was not about whether ...


Emerging Practices, Transition: Strategic Goals And Operating Policies (Issue Number 3 Of 8), Karen Flippo, Thinkwork! At The Institute For Community Inclusion At Umass Boston May 2015

Emerging Practices, Transition: Strategic Goals And Operating Policies (Issue Number 3 Of 8), Karen Flippo, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High ...


Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin Apr 2015

Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin

College of Law Faculty Scholarship

Exhibits to accompany testimony and statement-of-record of Professor Dean Hill Rivkin (The University of Tennessee College of Law), as submitted on April 21, 2015, before a hearing convened by the U.S. Senate Committee on the Judiciary: “Improving Accountability and Oversight of Juvenile Justice Grants.”


The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites Jan 2015

The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites

Brooklyn Journal of International Law

On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.

This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of ...


Gestational Surrogacy Contracts In Tennessee: Freedom Of Contract Concerns & Feminist Principles In The Balance, Jennifer S. White Jan 2015

Gestational Surrogacy Contracts In Tennessee: Freedom Of Contract Concerns & Feminist Principles In The Balance, Jennifer S. White

Belmont Law Review

Drawing upon feminist theory and principles of freedom of contract, this Note proposes a new statutory framework for addressing surrogacy in the state of Tennessee. Part I provides a balanced discussion of why couples choose surrogacy as well as varying types of surrogacy available to individuals. Part II explores the judicial and legislative responses toward surrogacy contracts in the United States and discusses significant surrogacy litigation that continues to shape the public policy arguments surrounding this issue. Part III provides background on Tennessee’s approach to the right to privacy as well as recent surrogacy case law and legislation. Part ...


An Appeal For Change: Eliminating The Second Bite At The Apple In Tennessee Juvenile Cases, April Meldrum, Laura Hash Dec 2014

An Appeal For Change: Eliminating The Second Bite At The Apple In Tennessee Juvenile Cases, April Meldrum, Laura Hash

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Viewing Tennessee's New Photo Identification Requirements For Voters Through Historical And National Lens, Daniel Sullivan Jun 2014

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 ...


The Scope Of The Economic Loss Doctrine In Tennessee, Kasey Washburn Apr 2014

The Scope Of The Economic Loss Doctrine In Tennessee, Kasey Washburn

Tennessee Journal of Law and Policy

In Lincoln General Insurance Co. v. Detroit Diesel Corp., the Tennessee Supreme Court ruled that Tennessee law does not allow recovery in tort for a defective product that causes damage only to itself, regardless of the manner in which the damage occurs. The United States District Court for the Middle District of Tennessee brought this issue before the Tennessee Supreme Court through a certified question of law. The district court sought to establish the scope of the economic loss doctrine under Tennessee law, focusing specifically on cases where the damage to the defective product resulted from a sudden, calamitous event.


A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum Apr 2014

A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum

Tennessee Journal of Law and Policy

For decades, aircraft pilots have been using preflight and approach-to-landing checklists rather than relying on their memory to ensure that everything has been done in its proper sequence. The use of this tool gives pilots the ability to fly their aircrafts safely and according to an established procedure. Similarly, most trial attorneys employ witness checklists during the in-court examination of their witnesses to ensure that all of the witnesses' evidence has been fully presented and their exhibits have been properly marked and received in evidence. It is the intent of this presentation to suggest the use of another evidentiary checklist ...