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Articles 61 - 90 of 164
Full-Text Articles in Law
Federal Rules Of Evidence 413, 414, And 415: Fifteen Years Of Hindsight And Where The Law Should Go From Here, Bryan C. Hathorn
Federal Rules Of Evidence 413, 414, And 415: Fifteen Years Of Hindsight And Where The Law Should Go From Here, Bryan C. Hathorn
Tennessee Journal of Law and Policy
In 1995, Congress added three rules, which governed the admissibility of "prior sexual misconduct" in federal trials, to the Federal Rules of Evidence. The procedure by which Congress added the rules was outside of the normal procedure for the creation of federal rules, it was highly controversial, and it was done over the objections of the judicial conference. The controversy surrounding the rules produced a flurry of scholarship on the rules, which continued for about five years. After this initial period, the storm quieted with a reduced amount of scholarship on the subject. It is now fifteen years since the …
A Statistical Look At The Supreme Court's 2009 Team, John M. Scheb Ii, Colin Glennon, Hemant Sharma
A Statistical Look At The Supreme Court's 2009 Team, John M. Scheb Ii, Colin Glennon, Hemant Sharma
Tennessee Journal of Law and Policy
Whether a change in membership occurs or not, every Supreme Court term presents a unique set of controversies and decisions for legal scholars to examine. Herein, we offer a discussion of the Court's recently completed 2009-2010 term. Rather than analyzing specific opinions in detail (as many have already done), we generate a comprehensive statistical analysis of justice voting behavior for the term. In particular, we examine consensus and division on the Court, the ideological tenor of the term, voting alignments among the justices, the production of opinions, and the Court's overall ideological spectrum based on individual voting patterns. Ultimately, we …
Tjlp (2011) Volume 7 Number 1
Tennessee Journal of Law and Policy
No abstract provided.
Parasomnia Activity, Rashida Davis
Parasomnia Activity, Rashida Davis
Tennessee Journal of Law and Policy
Due to the lack of uniformity among trial courts, the Supreme Court of Tennessee granted an interlocutory appeal in Tennessee v. Scott to resolve a dispute regarding the admission of expert witness testimony. Traditionally, trial courts used a broad theme of "relevance and reliability" when considering expert testimony. The Court replaced that general theme with a four-prong test that included a "qualifications assessment, analytical cohesion, methodological reliability, and fundamental reliability.", The Court ruled that the trial court erred in excluding the expert witness testimony without this analysis.
The Scope Of The Economic Loss Doctrine In Tennessee, Kasey Washburn
The Scope Of The Economic Loss Doctrine In Tennessee, Kasey Washburn
Tennessee Journal of Law and Policy
In Lincoln General Insurance Co. v. Detroit Diesel Corp., the Tennessee Supreme Court ruled that Tennessee law does not allow recovery in tort for a defective product that causes damage only to itself, regardless of the manner in which the damage occurs. The United States District Court for the Middle District of Tennessee brought this issue before the Tennessee Supreme Court through a certified question of law. The district court sought to establish the scope of the economic loss doctrine under Tennessee law, focusing specifically on cases where the damage to the defective product resulted from a sudden, calamitous event.
Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson
Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson
Tennessee Journal of Law and Policy
In District Attorney's Office v. Osborne, the United States Supreme Court addressed the central issue of whether Respondent William Osborne should have a "freestanding and far-reaching constitutional right of access" to the State's deoxyribonucleic acid ("DNA") evidence for the purpose of post-conviction relief. Osborne asserted this constitutional right of access under the federal civil rights statute, 42 U.S.C. § 1983, rather than proceeding through a writ of habeas corpus under 28 U.S.C. § 2254. The United States District Court for the District of Alaska initially dismissed the respondent's claims, holding that an application for habeas corpus constituted the proper mechanism …
Crawford Means What It Says: The Birth Of The Melendez-Diaz Objection, Danielle Greer
Crawford Means What It Says: The Birth Of The Melendez-Diaz Objection, Danielle Greer
Tennessee Journal of Law and Policy
In Melendez-Diaz v. Massachusetts, with Justice Scalia writing the opinion, the Supreme Court considered the issue of whether affidavits reporting the results of forensic analysis connecting the defendant to an illegal substance are testimonial and therefore subject to the Confrontation Clause of the Sixth Amendment. The Court held in Pointer v. Texas that the Confrontation Clause applies to all criminal prosecutions. The statute derives its authority from the Fourteenth and the Sixth Amendments. This Clause ensures defendants the right to confront adverse witnesses. The Court's holding in Crawford v. Washington established the rule that testimonial statements are subject to the …
Intentionally Inflicted: The Baze Plurality Painfully "Executed" The Purpose Of The Eighth Amendment, Michelle Lynn Veronica Consiglio
Intentionally Inflicted: The Baze Plurality Painfully "Executed" The Purpose Of The Eighth Amendment, Michelle Lynn Veronica Consiglio
Tennessee Journal of Law and Policy
On April 16, 2008, the United States Supreme Court addressed the constitutionality of lethal injection as a method of execution. In its analysis, the Court recognized, as it had in prior cases, that the government's choice of a particular method of execution did not violate the Eighth Amendment's ban on cruel and unusual punishment. As a result, the Court upheld the constitutionality of lethal injection in Baze v. Rees, rendering a seven-to-two plurality decision.
Transcript: One Advocate's 'Junk Science' Is Another Advocate's Evidence: Forging New Paths In Forensic Science
Tennessee Journal of Law and Policy
No abstract provided.
A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum
A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum
Tennessee Journal of Law and Policy
For decades, aircraft pilots have been using preflight and approach-to-landing checklists rather than relying on their memory to ensure that everything has been done in its proper sequence. The use of this tool gives pilots the ability to fly their aircrafts safely and according to an established procedure. Similarly, most trial attorneys employ witness checklists during the in-court examination of their witnesses to ensure that all of the witnesses' evidence has been fully presented and their exhibits have been properly marked and received in evidence. It is the intent of this presentation to suggest the use of another evidentiary checklist …
Evolving Trends In Forensic Science, Margaret A. Berger
Evolving Trends In Forensic Science, Margaret A. Berger
Tennessee Journal of Law and Policy
This address will focus on the 2009 report ("the Report") of the National Academy of Science Research Council ("NRC"), which was commissioned by Congress to look at evolving trends in forensic science. Understanding what is happening in the forensic sciences is very complicated because of the wide variations that exist in different jurisdictions. There are federal laboratories, state or regional laboratories, county laboratories, and municipal laboratories. Almost all public crime laboratories examine controlled substances, and many examine firearms and tool marks. A majority of laboratories also screen biological samples, usually in preparation for DNA analysis, and examine forms of trace …
Tjlp (2010) Volume 6 Number 2
Tennessee Journal of Law and Policy
No abstract provided.
In Defense Of Liberty, Bobby Lee Cook
In Defense Of Liberty, Bobby Lee Cook
Tennessee Journal of Law and Policy
No abstract provided.
The Johnia Berry Act Of 2007: Dna Fingerprinting, Meredith Rambo
The Johnia Berry Act Of 2007: Dna Fingerprinting, Meredith Rambo
Tennessee Journal of Law and Policy
On December 6, 2004, at age twenty-one, Johnia Hope Berry, was brutally slain in her Knoxville, Tennessee apartment. She had come to the University of Tennessee at Knoxville to pursue her master's degree after receiving a bachelor's degree at East Tennessee State University. The night of her death, Johnia was sorting toys she bought for children in need-a charitable habit she engaged in every year. Johnia was deeply loved by two sets of parents: Joan and Mike Berry (adoptive father), and Donna and John Tiller (biological father).
The Need For Prescription Drug Buy-Back Programs, Ted Goodman
The Need For Prescription Drug Buy-Back Programs, Ted Goodman
Tennessee Journal of Law and Policy
The use of prescription medications by those who have not been prescribed the medication is a growing problem in the United States and particularly in Tennessee. A leading cause of this problem is an excess supply of prescription drugs. This essay proposes that governments consider providing financial incentives for patients to "turn in" unneeded medications to the proper authorities. Such a program could be funded largely-if not entirely-by private sources, government grants, and savings in healthcare and the criminal justice system.
Legitimizing Discrimination Against Trans Employees, Natalie Hrubos
Legitimizing Discrimination Against Trans Employees, Natalie Hrubos
Tennessee Journal of Law and Policy
Trans employees can experience subtle forms of workplace discrimination. Seemingly neutral or natural policies and practices sometimes reflect discriminatory attitudes and create unwelcoming or even hostile work environments for trans employees. Fortunately, courts have recently begun to recognize that discrimination against trans employees constitutes discrimination based on sex in violation of Title VII of the Civil Rights Act of 1984. Yet, despite increased protections for trans workers, subtle forms of discrimination, if not acknowledged by courts or addressed by employers, may erode employment opportunities for trans communities.
More Than A Second Chance: An Alternative Employment Approach To Reduce Recidivism Among Criminal Ex-Offenders, Rose M. Burt
More Than A Second Chance: An Alternative Employment Approach To Reduce Recidivism Among Criminal Ex-Offenders, Rose M. Burt
Tennessee Journal of Law and Policy
Since the mid-1970s, the United States has engaged in a "race to incarcerate" that has resulted in a prison population expanded to a level previously unknown in any democratic society. This rise in imprisonment came about primarily because of "tough on crime" policies that were intended to enhance public safety and respond to the demands of an increasingly conservative population. This record three decade increase in imprisonment has resulted in an average annual prison population rate of more than 2,000,000 people behind bars in United States jails and prisons, and that figure increases exponentially each year. During this thirty-year period, …
Tjlp (2009) Volume 6 Number 1
Tennessee Journal of Law and Policy
No abstract provided.
Asking Jurors To Do The Impossible
Asking Jurors To Do The Impossible
Tennessee Journal of Law and Policy
No abstract provided.
Is It Possible To Predict Juror Behavior?, John W. Clark Iii
Is It Possible To Predict Juror Behavior?, John W. Clark Iii
Tennessee Journal of Law and Policy
Each year in the United States there are over 150,000 jury trials. Theoretically, the jury serves as the conscience of the community. The jury's decision manifests what is acceptable and unacceptable behavior. With this substantial responsibility, jurors are assigned the responsibility of evaluating arguments made by attorneys, determine the truthfulness of witness's testimony, decipher physical evidence, and comprehend jury instructions given by the judge. Therefore, the American adversarial system allows attorneys a great deal of latitude in determining a juror's fitness to serve.
Reverse Engineering Of Jury Instructions, Bethany K. Dumas
Reverse Engineering Of Jury Instructions, Bethany K. Dumas
Tennessee Journal of Law and Policy
Reverse engineering of jury instructions requires (1) creating a decision structure or decision tree for a case, based on a theory of the case, (2) identifying crucial points in the decision structure or decision tree, and (3) incorporating crucial points into the jury instructions. This paper suggests that reverse engineering of jury instructions can be used to instruct jurors about legal concepts and technical terms before they hear jury instructions or closing arguments. The goal is to improve the clarity of instructions to achieve litigation goals.
Jury Reform: The Impossible Dream?, Nancy S. Marder
Jury Reform: The Impossible Dream?, Nancy S. Marder
Tennessee Journal of Law and Policy
In his essay, Asking Jurors To Do the Impossible,' Peter Tiersma identifies several ways in which jurors have difficult, if not impossible, roles to play and suggests several steps that courts could take to aid jurors in performing these roles. He offers a number of recommendations, such as having judges instruct jurors in plain and specific language, allowing jurors to ask questions about the instructions, and explaining to jurors the reasons for certain rules. His recommendations are sensible, and courts would do well to follow his advice. With the exception of his call for the creation of expert juries in …
Asking Jurors To Do The Impossible, Peter Tiersma
Asking Jurors To Do The Impossible, Peter Tiersma
Tennessee Journal of Law and Policy
Being a juror has never been easy. Several hundred years ago, English jurors were confined "without meat, drink, fire, or candles" until they had finished their deliberations.' If they failed to reach a verdict before the judges left town (English judges would travel from the royal courts at Westminster to various cities to try cases), the jurors were supposed to be placed in a wagon and "carted" to the judges' next destination.
Tjlp (2009) Volume 5 Number 2
Tennessee Journal of Law and Policy
No abstract provided.
Due Process And Equal Protection: A Constitutional Approach To Same-Sex Marriage, Ashley Musselman
Due Process And Equal Protection: A Constitutional Approach To Same-Sex Marriage, Ashley Musselman
Tennessee Journal of Law and Policy
On July 6, 2006, the Court of Appeals of New York decided Hernandez v. Robles. At issue in that case was whether New York's Domestic Relations Law violated the Due Process Clause and the Equal Protection Clause of the New York constitution by limiting marriage to opposite-sex couples. The plaintiffs were members of forty-four same-marriage licenses in the State of New York. The case began as four separate lawsuits in which the plaintiffs sought a declaratory judgment against "the license-issuing authorities of New York City, Albany, and Ithaca; the State Department of Health, which instructs local authorities about the issuance …
Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law Schools, Andrew King-Ries
Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law Schools, Andrew King-Ries
Tennessee Journal of Law and Policy
In 2003, the United States Supreme Court affirmed the importance of diversity in legal education when it decided Grutter v. Bollinger.' Underlying the Court's decision was the recognition that a diverse student body benefits the education of all law students, which in turn, impacts society in important ways. While recognition of educational diversity as a compelling state interest allows law schools to consider race in admissions, race-based admissions policies alone cannot address the truly compelling state interest underlying educational diversity: training lawyers to practice in a multicultural society, including effectively representing clients from different racial, ethnic, and socioeconomic backgrounds. Law …
Radical Discrimination In The Death Penalty In Tennessee: An Empirical Assessment, John M. Scheb Ii, Kristin A. Wagers
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 decisions. Does …