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Articles 31 - 60 of 97

Full-Text Articles in Law

Radical Discrimination In The Death Penalty In Tennessee: An Empirical Assessment, John M. Scheb Ii, Kristin A. Wagers Apr 2014

Radical Discrimination In The Death Penalty In Tennessee: An Empirical Assessment, John M. Scheb Ii, Kristin A. Wagers

Tennessee Journal of Law and Policy

The intense media coverage of the United States Supreme Court's recent decisions in Baze v. Rees' and Kennedy v. Louisiana highlights the ongoing saliency of the death penalty in American politics. In this article, we use empirical evidence to shed light on this controversy. Our analysis utilizes data from 1,068 first-degree murder convictions rendered in Tennessee between 1977 and 2007. The questions animating our research are: 1) What factors led prosecutors to seek the death penalty? and 2) What factors led juries to impose it? In particular, we are interested in the role that race plays in these ...


Southern Injustice And Radical Discontent: The Black Panther Party In The Post-Civil Rights South, Adam Nolan Mar 2014

Southern Injustice And Radical Discontent: The Black Panther Party In The Post-Civil Rights South, Adam Nolan

History Undergraduate Theses

This paper looks at the efforts, obstacles, and outcomes of attempts to organize Black Panther Party chapters in four southern states – Georgia, Kentucky, Tennessee, and Texas - using a variety of sources, including the The Black Panther and Southern Patriot newspapers. Organized in 1966, the BPP mobilized against police brutality and injustices inflicted upon African Americans throughout American history. While successfully establishing various popular community survival programs to help uplift local communities, the BPP’s revolutionary rhetoric and imagery instantly attracted state-sponsored repression that exacted a heavy toll on the organization on local and national levels.


Tennessee's Legal Strategy, Michael Moore Feb 2014

Tennessee's Legal Strategy, Michael Moore

Tennessee Journal of Law and Policy

Michael Moore is the Tennessee Solicitor General.


"Made-Whole" Made Fair: A Proposal To Modify Subrogation In Tennessee Tort Actions, John A. Day Jan 2014

"Made-Whole" Made Fair: A Proposal To Modify Subrogation In Tennessee Tort Actions, John A. Day

Belmont Law Review

This Article proposes the adoption of the “Modified Made-Whole Doctrine Proposal." Part I begins by explaining the roots of the law of subrogation rights and its current jurisprudential inconsistencies. It also explores the relationship between such subrogation rights and the made-whole doctrine in the context of Tennessee tort law as well as how this doctrine would be applied in Tennessee today. Part II briefly outlines some of the general questions regarding Tennessee’s current application of the made-whole doctrine, particularly the unresolved issues surrounding the impact of comparative fault on subrogation rights. These are questions which the author’s suggested ...


Judicial Selection In Tennessee: Deciding “The Decider”, Margaret L. Behm, Candi Henry Jan 2014

Judicial Selection In Tennessee: Deciding “The Decider”, Margaret L. Behm, Candi Henry

Belmont Law Review

This article includes an overview of judicial selection in Tennessee, as well as providing the author's personal perspectives on the subject. The quality of judges and the manner of selecting them matters; this is a basic premise underpinning the rule of law in the United States. From the inception of the United States’ democratic system, the judiciary’s Damoclean Sword has been the threat of subrogation at the hands of the Legislature, and perhaps the easiest way to rattle the sword has been to legislatively interfere with judicial selection — whether by changing the manner of appointment or by simply ...


Reforming Tennessee's Rules Of Appellate Procedure: Separate Notices Of Appeal...Or Not?, Robert F. Parsley, Travis R. Mcdonough, Marcia M. Eason Jan 2014

Reforming Tennessee's Rules Of Appellate Procedure: Separate Notices Of Appeal...Or Not?, Robert F. Parsley, Travis R. Mcdonough, Marcia M. Eason

Belmont Law Review

When it comes to the filing of separate notices of appeal, Tennessee’s Rules of Appellate Procedure contain an internal inconsistency. This inconsistency, which has yielded two conflicting and incompatible lines of judicial interpretation, undermines the coherence of Tennessee appellate procedure and poses unfairly contradictory outcomes for similarly situated appellants. To resolve this inconsistency, Tennessee’s Rules of Appellate Procedure should be reformed.


Medicaid Expansion By Any Other Name: Exploring The Feasibility Of Expanded Access To Care In The Wake Of Nfib V. Sebelius, Michele Johnson, Kristin Ware Jan 2014

Medicaid Expansion By Any Other Name: Exploring The Feasibility Of Expanded Access To Care In The Wake Of Nfib V. Sebelius, Michele Johnson, Kristin Ware

Belmont Law Review

This Article will examine aspects of the Tennessee Plan for Medicaid coverage in order to make the argument that Tennessee must either accept the Medicaid expansion as codified in the Affordable Care Act, or make modifications to the Tennessee Plan that better comport with the federal waiver program, the central goals of Medicaid, the United States Constitution, and the spirit of cooperative federalism.


The Future Of Ediscovery In Tennessee, Roe Frazer, Marc Jenkins Jan 2014

The Future Of Ediscovery In Tennessee, Roe Frazer, Marc Jenkins

Belmont Law Review

This Article begins by outlining changes in the modern digital world through an examination of essential laws of computing unfamiliar to most lawyers but crucial to an understanding of the changing landscape of technology and its projected impact on modern society. Part II then applies these principles to the practice of law in the context of electronic discovery, pointing to the challenges posed under the current Rules of Civil Procedure, an ever-increasing overabundance of discoverable data, and the inadequacy of existing technology and processes possessed by the typical lawyer to deal with these challenges. Finally, Part III of this Article ...


Tennessee’S Unique Religious Protections In Employment: Do They Mean What They Say?, Waverly D. Crenshaw Jr., Brian A. Pierce Jan 2014

Tennessee’S Unique Religious Protections In Employment: Do They Mean What They Say?, Waverly D. Crenshaw Jr., Brian A. Pierce

Belmont Law Review

Tennessee has a long history of strongly held and diverse religious beliefs and practices. Equally firmly established is its “at-will” employment rule that allows businesses to create and control their workforces to maximize operations and profits to the benefit of employers and employees. When an employee’s religious beliefs conflict with his obligations to his employer, state and federal laws resolve the tension. Employees who experience this tension and feel they have been discriminated against based on their religion generally have the choice to bring their claims of discrimination under federal law, state law, or both. Because claims under federal ...


Judicial Panel: Tennessee Legal Reform From A Judicial Standpoint, Cornelia A. Clark, Martha Craig Daughtrey, William C. Koch Jr. Jan 2014

Judicial Panel: Tennessee Legal Reform From A Judicial Standpoint, Cornelia A. Clark, Martha Craig Daughtrey, William C. Koch Jr.

Belmont Law Review

A transcript of the judicial panel discussion held at the Belmont University College of Law Symposium, "Tennessee Legal Reform."


Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand Jan 2014

Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand

Transactions: The Tennessee Journal of Business Law

In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman ...


Goolsby, Robert L., B. 1854 (Sc 1108), Manuscripts & Folklife Archives Aug 2013

Goolsby, Robert L., B. 1854 (Sc 1108), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 1108. Letter written by Robert L. Goolsby, Greenfield, Tennessee, to lawyer James J. Shannon, Lebanon, Tennessee. Goolsby, tongue-in-cheek, outlines a lawsuit which he states that he may want Shannon to file for him against the town of Lebanon. He also relates some family news. Includes Goolsby biographical material.


States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin May 2013

States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin

Patricia E. Salkin

Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards ...


Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich Apr 2013

Adapting The Central Panel System: A Study Of Seven States, Malcolm Rich

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser Jan 2013

Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser

Articles

No abstract provided.


A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe Dec 2011

A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe

Honors College Capstone Experience/Thesis Projects

This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my ...


Bills Of Sale In Tennessee: An Annotated Model Tennessee Bill Of Sale, Joan Heminway Oct 2011

Bills Of Sale In Tennessee: An Annotated Model Tennessee Bill Of Sale, Joan Heminway

Joan M Heminway

The coauthors have constructed a model bill of sale for use in connection with acquisitions, annotated with footnotes on substantive law and legal drafting issues. This model is intended to serve as a research piece, teaching tool, and practitioner resource. This instrument is part of a series of acquisition agreements and related ancillary contracts and instruments published by Transactions: Tennessee Journal of Business Law beginning in 2003.


The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater Oct 2011

The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater

Zygmunt J.B. Plater

This presentation was the product of an invitation to speak at a symposium for students and faculty from a variety of different non-law departments at the University of Tennessee, where in 1973 I had started what became a six-year legal campaign to divert the Tennessee Valley Authority from impounding the last flowing 33 miles of the Little Tennessee River behind TVA’s Tellico Dam.


Setting It Straight: A Thirtieth Anniversary Gathering In Memory Of The Little Tennessee River And Its Valley, Zygmunt J.B. Plater Oct 2011

Setting It Straight: A Thirtieth Anniversary Gathering In Memory Of The Little Tennessee River And Its Valley, Zygmunt J.B. Plater

Zygmunt J.B. Plater

No abstract provided.


Rodney King And The Decriminalization Of Police Brutality In America: Direct And Judicial Access To The Grand Jury As Remedies For Victims Of Police Brutality When The Prosecutor Declines To Prosecute, Peter L. Davis May 2011

Rodney King And The Decriminalization Of Police Brutality In America: Direct And Judicial Access To The Grand Jury As Remedies For Victims Of Police Brutality When The Prosecutor Declines To Prosecute, Peter L. Davis

Peter L. Davis

This Article begins with the premise that, despite political rhetoric and occasional prosecutions to the contrary, police brutality has been effectively decriminalized in this country. The Article adopts the Rodney King case as the paradigm for examining this phenomenon. Scrutinizing the culture and semantics of police brutality, the author concludes that a double standard of criminality exists in the United States, under which different rules apply to a police than to everyone else. This double standard is socially dysfunctional. Particularly among minorities, it leads to a sense of cynicism about our legal system that can result in civil disorder when ...


Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives Apr 2011

Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 343. Correspondence, legal papers, financial records and sundry other documents related to Eugene Scott Brown and his father-in-law, Gilbert Marshall Mulligan, attorneys of Scottsville, Allen County, Kentucky. Also includes stray Allen County court records, research notes related to the Civil War, and records about early telephone service in Allen County.


Warren County, Kentucky - Wills (Mss 54), Manuscripts & Folklife Archives Oct 2010

Warren County, Kentucky - Wills (Mss 54), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 54. Original wills, made mostly in Warren County, Kentucky from 1798-1881, but including wills made elsewhere. Also includes some legal documents relating to wills. A name index is included in the finding aid. The is only a small portion of the original wills filed at the Warren County courthouse form 1798 to 1915.


Setting It Straight: A Thirtieth Anniversary Gathering In Memory Of The Little Tennessee River And Its Valley, Zygmunt J.B. Plater Jan 2010

Setting It Straight: A Thirtieth Anniversary Gathering In Memory Of The Little Tennessee River And Its Valley, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

No abstract provided.


Moore-Mulligan-Brown Collection (Mss 219), Manuscripts & Folklife Archives Nov 2009

Moore-Mulligan-Brown Collection (Mss 219), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 219. This collection consists chiefly of correspondence of the Moore, Mulligan, Brown and Johns families, who are interrelated. The correspondence deals chiefly with family matters and events occurring in Trigg County, Kentucky and Allen County, Kentucky.


Tennessee State Documents, Reba Best Dec 2008

Tennessee State Documents, Reba Best

Reba A Best

No abstract provided.


Think Globally, Film Locally [Review Of The Ann Lewis Film Morristown], Lance A. Compa Jan 2008

Think Globally, Film Locally [Review Of The Ann Lewis Film Morristown], Lance A. Compa

Articles and Chapters

[Excerpt] Morristown brings to life the human element missing from the political and legal analysis of the issues presented in this symposium issue. The hour-long documentary takes us back and forth from an Eastern Tennessee region that has seen a rapid influx of Mexican immigrants to the villages and factory zones in Mexico where these immigrants started their journeys. The alternation has a powerful, accelerating effect for the contrasts it portrays but also for the similarities of globalization's effects on working people in both countries.


F07rs Sgb No. 17 (Debate Team), Cummings Oct 2007

F07rs Sgb No. 17 (Debate Team), Cummings

Student Senate Enrolled Legislation

No abstract provided.


A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson Jan 2007

A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson

Fordham Urban Law Journal

This Comment discusses the recent trend in urban planning which places an emphasis on creating smart growth communities, which encourage mixed land use, alternative modes of transportation, and incorporating green space in development to combat urban sprawl. Smart growth communities often offer greenways, which encompass a broad range of green space including open space along rivers and streams, natural or landscaped courses for pedestrian or bicycle passage, open space connectors for parks, and linear parks designated as parkways, among others. The Comment discusses the environmental, economic, and health benefits of greenways. While greenways have become desirable, many communities aren't ...


Governor's Task Force On Ethics Reform Materials: Part One (Bibliography), Governor's Task Force On Ethics Reform Aug 2006

Governor's Task Force On Ethics Reform Materials: Part One (Bibliography), Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a listing of citations of state laws governing governmental ethics. This list includes citations from state ethics commissions as well as publications from the State Conference of State Legislatures.


Governor's Task Force On Ethics Reform Materials: Part Two (Bibliography), Governor's Task Force On Ethics Reform Aug 2006

Governor's Task Force On Ethics Reform Materials: Part Two (Bibliography), Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a listing of citations of state laws governing governmental ethics. This list includes citations of material from state ethics commissions and the National Conference of State Legislatures.