Law Commons^™

Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Aclp - Comments Re Tn Bead Initial Proposal Volume 2 - December 2023, New York Law School

Reports and Resources

No abstract provided.

Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School

Reports and Resources

No abstract provided.

Ballad Health: Understanding Appalachia’S Regional Healthcare Monopoly, Meredith A. Bailey

Baker Scholar Projects

The Ballad Health merger of 2018, which combined the now 21 hospitals in the region under one organization, has impacted the healthcare landscape in Northeast Tennessee and Southwest Virginia. Historically, Appalachia has had to persevere through primary physician shortages, a lack of specialty care, geographic obstacles to accessing healthcare, challenges related to substance abuse, and much more. Since the merger of Mountain States Health Alliance and Wellmont Health System, little research has been done to assess the perceived impact the aggregation of providers has had on the population it serves. This study utilizes an online survey to better understand the …

Law Library Blog (April 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

To Live More And Die Less: Challenging Tennessee's Anti-Trans Birth Certificate Policy, Guy E. Tustin Iii

Lincoln Memorial University Law Review Archive

This note analyzes Gore, et al., v. Lee, et al., a case challenging Tennessee's birth control policy which explicitly prohibits trans people born in Tennessee from correcting their gender marker to accurately reflect their gender identity. The note begins with a description of the issues the lawsuit hopes to address and continues with a description of the parties, history of anti-trans birth certificate jurisprudence, an analysis of lawyering strategies, and concludes with First Amendment strategies which may be used to fight state laws requiring trans citizens to complete gender confirming procedures in order to correct their birth certificate gender markers.

School Choice In Tennessee: A Violation Of The State Constitutional Right To A Substantially Equal Education, Emma Knapp

Lincoln Memorial University Law Review Archive

Most states have experimented with various versions of school choice over the past several years. While a federal right to education is not recognized, all fifty state constitutions provide some variation of an education clause, guaranteeing a state constitutional right to education. In Tennessee, satisfaction of the state constitutional right to education requires substantially equal educational opportunities for all students across the state. Despite this constitutional mandate, students in public schools across the state of Tennessee experience vast disparities in educational opportunities. Litigation is currently pending before the Tennessee Supreme Court regarding the constitutionality of the Tennessee Education Savings Account …

When It Comes To Orders Of Protection And Guns--Language Matters, Joshua M. Anderson

Lincoln Memorial University Law Review Archive

When it comes to orders of protection - language matters. The boxes checked, the lines filled in, and the specific orders enumerated in a Tennessee order of protection, impact the effect it has on respondents/defendants' gun rights. For the federal firearms restrictions, and accordingly the Tennessee state firearms restrictions, to be imposed, specific requirements as specified in 18 U.S.C. § 922(g)(8) must be met in an order of protection. Additionally, the restrictions apply to narrow classes of individuals - much narrower than those who a Tennessee order of protection may generally apply. The findings and restrictions currently in Tennessee's order …

Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel

University of Michigan Journal of Law Reform

Fines and fees that result from contact with the criminal legal system serve as a suffocating debt for those against whom they are assessed. Many states have countless laws that require taxes, fines, and fees to be assessed against individuals involved in the criminal legal system at various stages of the criminal legal process, and they have the effect of permanently trapping individuals within the system. In Tennessee, for example, these debts, which can accumulate to over $10,000 in a single criminal case, stand in the way of individuals getting their criminal records expunged, keeping valid driver’s licenses, and restoring …

Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray

Touro Law Review

No abstract provided.

Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla

Touro Law Review

No abstract provided.

A Qualitative Analysis Of End-Of-Life Healthcare In Tennessee: Politics, Principles, And Perceptions, Erin Mauck

Electronic Theses and Dissertations

The unprecedented growth of the aging population in Tennessee is a significant demographic trend that highlights the necessity for healthcare policy that tackles end-of-life issues. This study examined the perceived quality of end-of-life healthcare in Tennessee, areas that are in need of improvement, policies that have the potential to influence improvements, and the role of politics in end-of-life healthcare policy. It also assessed the support for end-of-life healthcare policy that would advance quality of care and expand end-of-life choices for Tennesseans, while evaluating the policy-making process that legislators employ.

For this study, data were collected using semi-structured, in-depth interviews with …

As Winding As The Serpentine Wall: Tennessee's Adoption Statute Under Lemon, Thomas Rader

Lincoln Memorial University Law Review Archive

This comment argues that Tenn. Code Ann. 36-1-147 is unconstitutional under both the Tennessee and U.S. Constitutions by demonstrating that the test outlined in Lemon v. Kurzman is appropriate for legislation of this kind, as it is a statute regulating a secular activity in which religious institutions participate. The Comment continues by diving into the legislative history of 36-1-147 before faithfully applying the Lemon test to the statute at hand.

The Government Has Information Foia (For Ya): An Analysis Of Requesting Police Records In Collegedale, Tennessee And Athens, Georgia, Tierra Hayes

Senior Research Projects

The Freedom of Information Act first went into effect in 1967 and was intended to give the general public of the United States more access to information and documents held by government entities. Since enactment, this act has given specifically journalists a means of approach to request previously undisclosed or hard to access materials including, but not limited to, police reports, body camera footage, court filings, budgets, salaries, and other documents held by various government offices. While there are restrictions with considerations such as national security, this access can be seen on national, state, and, as assessed in this research, …

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

Allison Orr Larsen

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 …

Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice

Scholarly Works

No abstract provided.

Concussion Protocols For Youth Sport In Tennessee, Corinne C. Oliphant

Chancellor’s Honors Program Projects

No abstract provided.

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 harm …

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

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

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

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

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

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

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

Lincoln Memorial University Law Review Archive

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.

Strengthening Our Cities, Raumesh Akbari

Belmont Law Review

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

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

Males As Victims Of Sex Trafficking In East Tennessee, Cheryl Page

Journal Publications

Public awareness of the human trafficking epidemic in East Tennessee has been on the rise in recent years. Local task forces have been formed, and citizens are more aware of the specific issues involving commercial sexual exploitation. However, the tendency has been to focus on female victims, as females are more commonly victims in human trafficking cases. What are the issues faced by males who are trafficked, assaulted and abused for commercial sexual exploitation? Males make up nearly 20% of all human trafficking victims in Tennessee and nationwide. Based upon national numbers, a child is sold for commercial sex every …

Judicial Perspectives Series, Roger A. Page

Belmont Law Review

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