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Full-Text Articles in Law

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 …


Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds Oct 2015

Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.


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.”


Registering Trade And Service Marks In Tennessee: A Brief How-To Guide, Brian Krumm, Zackarij R. Gardner Apr 2015

Registering Trade And Service Marks In Tennessee: A Brief How-To Guide, Brian Krumm, Zackarij R. Gardner

Scholarly Works

No abstract provided.


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 IV …


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 evolving …