Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Contested Elections As Secret Weapon: Legislative Control Over Judicial Decision-Making, Judy Cornett
Contested Elections As Secret Weapon: Legislative Control Over Judicial Decision-Making, Judy Cornett
Scholarly Works
The current interbranch tensions in the federal government have been just as potent, if not more so, at the state level. Legislative challenges to state judiciaries are accumulating nationwide. In one state, Tennessee, the newly-elected Republican majority in the General Assembly has flexed its legislative muscle in several ways, ranging from the outright hostile – threatening the imposition of contested elections for the state’s appellate judges and a takeover of the body that governs judicial conduct – to the more sublime. A less-publicized, but no less significant, step that the legislature took in 2011 was to overrule a recent decision …
Talking Union In Two Languages Labor Rights And Immigrant Workers In East Tennessee, Fran Ansley
Talking Union In Two Languages Labor Rights And Immigrant Workers In East Tennessee, Fran Ansley
Scholarly Works
No abstract provided.
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy Cornett
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy Cornett
Scholarly Works
In 2011, the Tennessee General Assembly – the first majority Republican legislature in the state since Reconstruction – passed two bills purporting to legislatively overrule recent decisions of the Tennessee Supreme Court that the legislature deemed unfriendly to business interests. This article examines the legislative history of one of those bills. Public Chapter No. 498, codified as Tennessee Code Annotated section 20-16-101, attempts to change the summary judgment standard adopted by the Tennessee Supreme Court in Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008). In Hannan, the Supreme Court explicitly rejected the federal Celotex standard for burden-shifting on …