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Law

Tennessee

Lincoln Memorial University

2021

Articles 1 - 3 of 3

Full-Text Articles in Law

To Live More And Die Less: Challenging Tennessee's Anti-Trans Birth Certificate Policy, Guy E. Tustin Iii Dec 2021

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 Aug 2021

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 Aug 2021

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 …