Law Commons^™

The Graveyard Of Empires, Sadaf Folad

Belmont University Research Symposium (BURS)

No abstract provided.

Libertarianism And The Common Law, Allen Mendenhall

Belmont Law Review

What are the qualities and characteristics of the common law that feature or reflect libertarianism? The common law is both a historical phenomenon and an active process or a juridical mode of settling disputes. Therefore, a precise answer to questions about the compatibility between libertarianism and the common law is difficult to articulate. This Essay describes elements of the common law - both its manifestation in history and its theoretical approaches to judging - that illuminate its libertarian attributes and tendencies. It suggests that the common law has epistemological importance as a kind of bottom-up ordering based on traceable patterns …

Tiktok Is Not Your Doctor: Reprioritizing Consumer Protection In Pharmaceutical Advertisement Regulation, Nora Klein

Belmont Law Review

This Note will examine DTCA in the context of DTC telemedicine companies, with a focus on the proliferation of such advertisements on social media platforms. Part I discusses the intertwining forces that have led to the prevalence of DTC telehealth advertising on social media. Part II introduces the current regulatory scheme applicable to DTCA, and explains the First Amendment protections afforded to commercial speakers. Part III explores why DTC telemedicine companies are not subject to the regulations applicable to DTCA generally, as well as the implications stemming from the current lack of oversight. Finally, Part IV proposes a solution to …

The Digital Person: Law Enforcement & The Purchase Of Data In A Post Carpenter Age, Jay E. Town

Belmont Law Review

It once was reasonable to expect courts to rule that there is no reasonable expectation of privacy, even in the digital era, because nearly all of the information streamed from mobile devices, applications, and browsers is voluntarily shared per the terms of the platforms', websites', and applications' agreements. But then the United States Supreme Court issued its opinion in Carpenter v. United States. Scholars and jurists alike opined, to some degree of hyperbole, on the enormity of the impact this holding would have on the Fourth Amendment going forward. Defense counsel and privacy advocates regaled the case as a …

Securing Patent Law, Charles Duan

Belmont Law Review

A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …

Recalibrating Bruen: The Merits Of Historical Burden-Shifting In Second Amendment Cases, Kevin G. Schascheck Ii

Belmont Law Review

After Bruen, the prevailing assumption was that the Second Amendment framework shifted radically for all gun laws. Courts throughout the country have already invalidated key gun safety statutes while applying the new test. However, such holdings fail to grapple with the full weight of Second Amendment doctrines. A proper application of the doctrine in toto will result in no significant changes to the constitutionality of the vast majority of gun laws after Bruen.

This Article explains the underdeveloped interaction between two principal Second Amendment doctrines - presumptions of legal validity and historical analyses. That interaction, framed in its simplest terms, …

Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn

Belmont Law Review

This note proposes a multifaceted approach for congressional intervention in the NIL market. While there are many areas needing NIL regulation in the collegiate athletic market, the most critical area of need for NIL regulation involves the collectives and directives. These entities have formed and operated without any meaningful guardrails since the NCAA permitted student-athletes to be compensated for their NIL. Additionally, they have been able to influence recruiting both at the high school recruit level and in the collegiate athlete transfer portal.

Why Are Post-Conflict Countries More Inequitable?, Claire Cole

Belmont University Research Symposium (BURS)

Why is there continuing socio-economic inequity in post-conflict countries? Post-conflict governments are too weak to prosper and function cleanly, resorting to making deals with and allowing multinational corporations inside its system, resulting in governmental capture. Multinational corporations contribute to the disparity of wealth in post-conflict zones, often ignoring the community and partnering with the government. There is a question of whether Western and European countries actually have a humanitarian interest or self-interest in post-conflict countries. This research includes a comparative study that aims to show how foreign investment shifts during conflict, where each country scores on transparency and corruption; where …

Party Alignment On Gun Laws: Urban V.S. Rural, Roz Rozner

Belmont University Research Symposium (BURS)

Mass shootings in the United States have led to debate about gun rights and increased division over the second amendment. Have parties’ positions on gun laws affected voter alignment? This study seeks to determine the effects of restrictive gun laws over time on party alignment within the United States. The urban rural divide in the United States has played a distinctive role in voter alignment on issues like restrictive gun laws. To evaluate this claim, this study uses the Pew Research Center and other opinion polls from the last twenty years to determine whether restrictive gun laws produce higher levels …

Panel: Fraud And Abuse, Ellen Mcintyre, Lisa Rivera, Amy Leopard, Tony Hullender

Belmont Health Law Journal

No abstract provided.

Privacy Issues With Healthcare Technology, Professor Charlotte Tschider

Belmont Health Law Journal

No abstract provided.

Innovator Liability And Prescription Medication: A Stopgap Measure Patients Deserve, Will True

Belmont Health Law Journal

This Note argues that in the absence of an updated statute and FDA regulation, states should permit plaintiffs to recover under the theory of innovator liability. Despite the theory’s arguable contravention of “traditional common law tort principles” and potentially unfair results against brand-name manufacturers, victims of defective drugs and inadequate warnings should have an avenue for recourse. Forfeiting one’s ability to recover potentially hundreds of thousands of dollars in damages in exchange for paying a cheaper price for medication is not a fair trade. Indeed, the Supreme Court in PLIVA, Inc. v. Mensing (discussed in Section II and arguably the …

Dosing Discrimination: Regulating Pdmp Risk Scores, Professor Jennifer Oliva

Belmont Health Law Journal

No abstract provided.

An Update Is Required To Continue Using This Regulation: Why The Hipaa Privacy Rule Should Be Modified To Protect A Broader Range Of Health Data, Lauren Caverly Pratt

Belmont Health Law Journal

While there is no constitutional right to privacy of information, general public sentiment leans in favor of keeping personal health data private. More precisely, individuals would like information known only to the individual and other parties to whom he or she chooses to disclose the information. This is because public knowledge of sensitive personal data may harm the individual economically, socially, or in other intangible ways. The benefits of public knowledge of such individually identifiable health data do not outweigh these potential harms. Privacy should be the default.

To achieve this, HIPAA must be expanded to protect private health data …

Independent Freestanding Emergency Centers: The Face Of An Alternative Model To Healthcare In Rural America, Alisha Patel

Belmont Health Law Journal

This Note will attempt to provide a background of rural healthcare disparities and the issues facing these regions. This Note will also explore the history of IFECs in the United States to better understand the context of the issues and reasons as to why emergency regulations such as EMTALA do not already extend to IFECs. Part 1 of this Note will examine the origin of IFECs and their role in the healthcare landscape today. Part II will discuss EMTALA and the challenges associated with IFECs during a public health emergency. Lastly, Part III of this Note will highlight the advantages …

Keynote Address, Dr. Alex Jahangir

Belmont Health Law Journal

No abstract provided.

Panel: Rural-Urban Health Responses To Covid-19, Linda Rippey-Moore, Luke Hill, Gabe Roberts, Eric Gray

Belmont Health Law Journal

No abstract provided.

Hb277/Sb941: Sentencing Disparities In Tennessee, Theresa Collins, Sloane Crockett, Amani Devault-Smith, Maggie Ask, Natalie Schilling

Belmont University Research Symposium (BURS)

No abstract provided.

House Bill 1316 & Senate Bill 0538: Paid Leave For Adoptive And Foster Parents, Lilia Zylstra, Caroline Shutley, Sydney Reyes, Evelyn Mankowski

Belmont University Research Symposium (BURS)

House Bill 1316 and its companion Senate Bill 0538 propose that employees of the state of Tennessee should be allotted up to 6 weeks paid leave if they become a foster parent to a minor or adopt a minor. To better understand HB 1316 and SB 0538 from a social work perspective, it is vital to examine how the proposed bill promotes the importance of human relationships, the dignity and worth of a person, and social justice—while also recognizing where the bill has room for growth. This study of HB1316 will provide an in-depth analysis of the bill from a …

Medicaid Expansion Expectations, Deborah Farringer

Law Faculty Scholarship

Although financial stability in rural hospitals has been a relatively long-standing national problem, in the last decade, hospital closures and the incidence of highly distressed hospitals in rural areas have disproportionately impacted certain states. States that have not expanded their Medicaid programs under the Affordable Care Act, which implemented a program to extend additional federal support to cover adults living below 138% of the federal poverty line (referred to herein as “Medicaid Expansion”), are bearing the brunt of this crisis. Although the reason for hospital closures is multi-faceted and complex, health policy experts have consistently identified the lack of Medicaid …

Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson

Honors Scholars Collaborative Projects

Suffrage movements make use of various social and political factors to pressure their governments to expand the scope of voting rights. Using McAdam’s political process model, I will analyze how disenfranchised groups’ use of nonviolent demonstration, appeals to international pressure, and appeals to religion, affects their success. This will also highlight patterns that emerge when groups are willing to instigate violence in pursuit of their goals. Most studies examine these variables in the context of the pursuit of independence or revolution, whereas this study focuses on groups wishing to remain within a system given their desired reforms. I will analyze …

Elucidation Strategies: A Case Study Of The U.S Supreme Court, Gordon Carroll

Belmont University Research Symposium (BURS)

The research encompassed a study on the consistency in judicial interpretations and factors that influenced U.S. Supreme Court decisions. To do this, the study explored literature and theoretical perspectives relating to judicial interpretations and decisions. The target population entailed officers in the Office of the Solicitor General for their experience in Court rulings. Interviews were conducted among ten respondents, with data collected, coded, and analyzed. The study results were then presented, discussed, and conclusions derived from them. Generally, the study found serious inconsistencies in interpretations not only between justices but also in almost similar cases. Decisions by justices were conflicting …

Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre

Belmont Law Review

No abstract provided.

The Roberts Court's Theory Of Agency Accountability: A Step In The Wrong Direction, Howard Schweber

Belmont Law Review

No abstract provided.

Contemporary Issues In Administrative Law, Steve Darnell, Kristin Husat, Sue Sheldon

Belmont Law Review

No abstract provided.

Orwell's 1984 "Big Brother" Concept And The Government Use Of Facial Recognition Technology: A Call To Action For Regulation To Protect Privacy Rights, Tate Ducker

Belmont Law Review

No abstract provided.

Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield

Belmont Law Review

No abstract provided.

Ai For Retrospective Review, Catherine M. Sharkey

Belmont Law Review

No abstract provided.

Pandemic, Politics, Public Health , And The Fda, Jordan Paradise, Becky Bavlsik

Belmont Law Review

No abstract provided.

Administrative Law Symposium Debate, Akram Faizer, Stewart Harris

Belmont Law Review

No abstract provided.