Law Commons^™

Qualified Immunity Or Justified Brutality?: An Examination Of The Qualified Immunity Doctrine In Peterson V. Kopp, Tabitha Johnson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Gender Boxing: The Ioc’S Policy On Female Hyperandrogenism And Attempt To Draw Bright Lines Between Sexes While The World Outside Athletics Embraces Gender Fluidity, Holly E. Jones

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Hegemonic Masculinity And Reproductive Freedom, Rick Mula

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Rectifying A Wrong: American Eugenics—Beneficial To The State, But Detrimental To The People, Rowena A. Daniels

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Schuette, Facial Neutrality, And The Constitution, Mark Strasser

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Table Of Contents, N. Brenda Adimora

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Equal Rights Under Some Jurisdictions: Hammond V. Kmart And The Endorsement Of Discrimination, Juan Quevedo

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Utah: A Case Study On The Road To Same-Sex Marriage, Jennifer Watson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James Bolotin

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Medicalizing Gender: How The Legal And Medical Professions Shaped Women’S Experiences As Lawyers, Kathleen Darcy

Tennessee Journal of Race, Gender, & Social Justice

Despite significant progress, women in the legal profession still

have not advanced into positions of power at near the rate in which

they saturate the legal market. Scholars agree that simply waiting for

parity is not sufficient, and, thus, they have identified many of the

barriers that contribute to women’s difficulties. To date, however, the

role that scientific and medical understandings play on the evolution of

law, and on women as lawyers, has not received examination until

now. To this end, I posit that medicine played a significant role in

shaping societal expectations and assumptions about gender, and was

similarly …

Taming The Tigers: Domestic Violence, Legal Professionalism, And Well-Being, Jill C. Engle

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Texas Tightens Abortion Restrictions: Abbott, Physician Admittance Requirements, And What It Really Means For Texas Women, Rebecca Waddell

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Constitutional Law – Warrantless Searches – Whether The Search Incident To Arrest Exception Should Apply To Data Stored On Cellular Phones, Jeremy Ray

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

A University's Slight Inconsistency In Written Policies And The Resulting Colossal Effect On First And Fourteenth Amendment Rights, Yerin Cho

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

An Analysis Of Cia And Military Testing Of Lsd On Non-Consenting U.S. Service Members And Recovery Through The Va Disability System, B.M. Disbennett

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Surrogate Or “Mother”? The Problem Of Traditional Surrogacy, Frank J. Bewkes

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Childbirth In Chains: A Report On The Cruel But Not So Unusual Practice Of Shackling Incarcerated Pregnant Females In The United States, Alison Smock

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Tranquility & Mosaics In The Fourth Amendment: How Our Collective Interest In Constitutional Tranquility Renders Data Dragnets Like The Nsa's Telephony Metadata Program A Search, Michael Gentithes

Tennessee Law Review

No abstract provided.

Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Daimler And The Jurisdictional Triskelion, Zoe Niesel

Tennessee Law Review

Twice in the past three years, in Goodyear Dunlop Tires Operations, S.A. v. Brown and Daimler AG v. Bauman, the Supreme Court articulated a new landscape of general personal jurisdiction; namely, exercises of dispute-blind jurisdiction will be based on a determination of whether a corporation is "at home" in the jurisdiction, not on whether the corporation had continuous and systematic contacts in the forum state. The Court's test was further explained in terms of three different fora: where the corporation is incorporated, where it maintains its principal place of business, and where there are unique circumstances suggesting that the corporation …

Subject Index

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Sentencing Rules And Standards: How We Decide Criminal Punishment, Jacob Schuman

Tennessee Law Review

Over the past 300 years, American sentencing policy has alternated between "determinate" and "indeterminate" systems of deciding punishment. Debates over sentence determinacy have so far focused on three main questions: Who should decide punishment? What makes punishment fair? Why should we punish wrongdoers at all?

In this Article, I ask a new, fourth question: How should we decide punishment? First, I demonstrate that determinate sentencing uses rules to decide sentences, while indeterminate sentencing relies on standards. Next, I show how the trigger-based nature of rules-in contrast to the qualitative character of standards-makes them vulnerable to four different kinds of substantive …

Addressing Racial Disparities In Preschool Suspension And Expulsion Rates, Amy B. Cyphert

Tennessee Law Review

In 2014, the Department of Education's Office for Civil Rights published data for the first time that tracked preschool suspension and expulsion rates. The data was startling: not only were preschoolers being suspended and expelled, something that surprised many readers on its own, they were being suspended and expelled in racially disproportionate numbers, with African-American boys bearing the brunt of the discipline. Politicians, researchers and advocates quickly spoke out, noting that these numbers confirmed that the school to prison pipeline really starts in preschool, and calling for reform.

In this Article, I explore some of the policies and practices that …

Labor And Employment Law-Disparate Treatment And Disparate Impact-Assessing A Pregnant Employee's Ability To Bring Suit Under The Second Clause Of The Pregnancy Discrimination Act, Alex Thomason

Tennessee Law Review

No abstract provided.

The Marrying Kind, Zachary Herz

Tennessee Law Review

We are living in a Constitutional moment. In the span of half a century, LGBT people have been cast out, tolerated, accepted, and finally celebrated: In time with that shift, same-sex marriage has gone from absurdity, to threat, to fundamental right. This Article queries the links between those two processes and their potential implications for constitutional anti-discrimination law more broadly.

Specifically, this Article considers two features of equal protection jurisprudence that have entered into strange, silent conflict: the discriminatory purpose doctrine established in Washington v. Davis and Personnel Administrator of Massachusetts v. Feeney, and the tendency of courts to treat …

Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures, Mark Spottswood

Tennessee Law Review

In typical trials, judges and juries will find it easier to remember the proof that occurs early in the process over than what comes later. Moreover, once a fact-finder starts to form a working hypothesis to explain the facts of the case, they will be biased towards interpreting new facts in a way that confirms that theory. These two psychological mechanisms will often combine to create a strong "primacy effect," in which the party who goes first gains a subtle, but significant, advantage over the opposing party. In this article, I propose a new method of ordering proof, designed to …

Front Matter And Faculty Notes

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.