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To Live More And Die Less: Challenging Tennessee's Anti-Trans Birth Certificate Policy, Guy E. Tustin Iii
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
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
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 …
As Winding As The Serpentine Wall: Tennessee's Adoption Statute Under Lemon, Thomas Rader
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.
Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright
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.