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University of Tennessee, Knoxville

Tennessee

Journal

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Full-Text Articles in Law

Viewing Tennessee's New Photo Identification Requirements For Voters Through Historical And National Lens, Daniel Sullivan Jun 2014

Viewing Tennessee's New Photo Identification Requirements For Voters Through Historical And National Lens, Daniel Sullivan

Tennessee Journal of Law and Policy

In 2011, Tennessee became only the fifth U.S. state to strictly require photograph identification as a prerequisite to voting.' Over the past decade, a nationwide battle has been brewing over voter identification laws. In fact, "[s]ince 2001, nearly 1,000 bills have been introduced in a total of 46 states," with 21 states passing "major [voter identification] legislation between 2003 and 2011." In 2011 alone, 34 states took up the issue, either "proposals for new voter ID laws in states that didn't already require voter ID at the polls (considered in 20 states), [or] proposals to strengthen existing voter ID requirements …


The Scope Of The Economic Loss Doctrine In Tennessee, Kasey Washburn Apr 2014

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.


A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum Apr 2014

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 …


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 decisions. Does …


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.