Law Commons^™

The Unborn Victims Of Violence Act: Addressing Moral Intuition And The Right To Choose, W. Derek Malcolm

Tennessee Journal of Law and Policy

Amid heated political rhetoric from both sides of the abortion debate, President Bush signed the Unborn Victims of Violence Act ("the Act") into law on April 1, 2004. The Act, also referred to as "Laci and Connor's Law," makes the killing of a fetus during the commission of certain Federal crimes a separate offense punishable in varying degrees. Pro-life campaigners maintain that the Act is necessary to reduce the ever-increasing numbers of violent attacks against pregnant women. Pro-choice advocates, on the other hand, argue that the Act is nothing more than an attempt to "erode the foundations of the right …

Tenth Anniversary Of University Of Tennessee Pro Bono, E. Riley Anderson

Tennessee Journal of Law and Policy

U.T. Pro Bono is a student-directed community service organization at the University of Tennessee College of Law. It was founded in 1994. The reception was held April 1, 2004 in Knoxville, Tennessee.

Policy Changes Needed In The Federal Rules Of Evidence, Donald Paine

Tennessee Journal of Law and Policy

Let's start with how federal sausage is made. Recently, I read that the chief policymaking body supervising rule drafting has 26 federal judges and no practicing lawyers. None. The committees voting on revisions have few practitioners and many judges, professors, and government employees. The legal geniuses in Congress made significant revisions in the evidence package sent over from the Court in 1972, delaying the effective date until January 2, 1975. It's little wonder that the Federal Rules of Evidence need changing. Here are some suggestions.

Anomalies In Intentional Tort Law, Alan Calnan

Tennessee Journal of Law and Policy

All intentional torts are governed by three basic principles: (1) intent is a necessary and sufficient basis for holding someone liable; (2) each intentional tort must violate its own specific behavioral rule; and (3) all intentional torts require proof of the defendant's fault. Together, these principles appear to make intentional tort law both unique and self-contained. The first principle justifies creating an intentional tort theory of recovery. The second principle distinguishes that theory from negligence, which bases liability on the fixed standard of reasonable care. The third principle separates intentional torts from the no-fault theory of strict liability.

Of course, …

Front Matter

Tennessee Journal of Law and Policy

No abstract provided.

Tjlp (Winter 2005) Volume 1 Number 2

Tennessee Journal of Law and Policy

No abstract provided.

The Writ Of Habeas Corpus After Cone V. State, Nicole M. Grida

Tennessee Journal of Law and Policy

In Cone v. Bell, the U.S. Court of Appeals for the Sixth Circuit overruled the District Court's denial of a prisoner's habeas corpus petition. The Sixth Circuit held that the jury relied on an unconstitutional statutory aggravating factor in its decision to impose the death sentence.

Accordingly, the Sixth Circuit remanded the case with instructions to grant the habeas corpus petition, thereby vacating Cone's death sentence. After convicting Gary Bradford Cone of two counts of first degree murder for brutally killing an elderly couple, the jury sentenced Cone to death. The jury found four aggravating factors were present, including, in …

The Sullivan Decision, Anthony Lewis

Tennessee Journal of Law and Policy

Keynote Address, "Head Their Rising Voices: New York Times v. Sullivan-40 Years Later," The University of Tennessee College of Law, February 27, 2004. ** Mr. Lewis is a Pulitzer Prize.

On The Freedom To Associate Or Not To Associate With Others, Thomas Kleven

Tennessee Journal of Law and Policy

In casual conversation, it is commonly asserted that there is, or should be, a right to associate or not to associate with whom one chooses. Societies, however, frequently induce associations people do not want and deter those they do. This article addresses the types of situations that give rise to associational issues and the considerations relevant to their resolution. It does not attempt to develop a general theory of free association because, given the unresolvable value disputes underlying all associational issues, I am skeptical about the possibility of developing such a general theory. Unpacking how differing associational issues are resolved …

Constitutional Sex Discrimination, Lee Epstein, Andrew D. Martin, Lisa Baldez, Tasina Nitzschke Nihiser

Tennessee Journal of Law and Policy

Nearly thirty years have elapsed since the U.S. Supreme Court decided Craig v. Boren, a landmark case in the Court's constitutional sex discrimination jurisprudence. In Craig, the justices pronounced that they would apply neither the lowest level of scrutiny-rational basis-nor the highest level-strict scrutiny-to evaluate claims of sex discrimination. Rather, the Court invoked a standard "in between" the two, now known as intermediate or heightened scrutiny. Under this approach, the Court asks whether a law challenged on equal protection grounds is substantially related to the achievement of an important objective.

Certainly the Craig Court's intermediate approach has its supporters; indeed, …

Front Matter

Tennessee Journal of Law and Policy

No abstract provided.

Tjlp (Fall 2004) Volume 1 Number 1

Tennessee Journal of Law and Policy

No abstract provided.

Judicial Influence And The United States Federal District Courts: A Case Study, Justin Hickerson

Baker Scholar Projects

No abstract provided.

The Advocate Winter 2014, The University Of Tennessee College Of Law's Center For Advocacy & Dispute Resolution

The Advocate

No abstract provided.