Law Commons^™

_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture …

The Conflict Of Rights In The Moral Community, Rebecca Spicer-Keller

Masters Theses

This thesis will delve into the moral arguments regarding abortion. I will argue that abortion is morally permissible until the fetus reaches consciousness. Once the fetus has gained consciousness, it has the capacity to develop and become an autonomous person and therefore joins the moral community and has rights.

Autonomy is important, and the respect for autonomy must be extended to conscious fetuses. Individual autonomy is a person's capacity to make decisions for themselves and about live their life according to reasons and motives that are free from external forces (Christman, 2020). Autonomous agency is necessary for equal political standing …

Concussion Protocols For Youth Sport In Tennessee, Corinne C. Oliphant

Chancellor’s Honors Program Projects

No abstract provided.

The Dynamic Cycle Of Legal Change, John Martinez

Tennessee Journal of Law and Policy

Justice Holmes's observation that the law is a product of empirical experience, not a problem of mathematics, leaves us with the task of figuring out how the legal system actually works. Although Holmes made his statement over 130 years ago, there is still no universally accepted analytical approach for describing how the American legal system creates and changes the law. This article proposes a "Dynamic Cycle of Legal Change" as a model for understanding the structure and operation of the American legal system.

Part I first posits that we should consider the legal system from an "information systems" perspective. Part …

The Role Of The Attorney And The Attorney Client Relationship: The Keys To Improved Public Perception Of Attorneys And The Lexus, Jeanne Marie Zokovitch Paben

Tennessee Journal of Law and Policy

It is a pivotal time for the legal profession. Economic challenges are making it harder and harder for the historical law firm to survive. According to the National Law Journal's annual survey, "the 250 biggest firms ... shed more than 9,500 lawyers in 2009 and 2010, nearly 8% of the total [lawyers at those firms]." This represents the largest multiyear decline in the thirty-four years the National Law Journal has conducted this survey.

These same challenges are making it harder for law graduates to get "typical" law jobs. The job statistics for recent law school graduates have not been good. …

Fixing A Broken System: Reconciling State Foreclosure Law With Economic Realities, Yianni D. Lagos

Tennessee Journal of Law and Policy

The housing crisis ignited a chain reaction of events that resulted in the U.S. economy cascading to the worst contraction since the Great Depression. In response, not only has the Federal Government proposed and implemented various legislation, but the financial industry has also joined in the effort to find a solution. However, large-scale mortgage restructurings already show signs of failing. These results should not be surprising, because general loan modifications suffer from the problems that created the housing crisis. Namely, mortgage originators did not examine whether the borrower could afford the monthly payments.

Euthanizing The Profoundly Mentally Incapacitated: A Simple Economic Analysis, Bernard A. Eskandari

Tennessee Journal of Law and Policy

Throughout history, the killing of those that society deems unfit has gone in and out of fashion. Typically, the targets of such programs are the mentally disabled, the physically disabled, and the insane. Sexual orientation, religious or political beliefs, and propensity for criminality may become part of the criteria as well, depending on society's commitment and fervor for such a program. The apparent reason for killing the unfit is to create a superior population-a citizenry that is both mentally and physically superior-while reducing the incidence of those in society that constitute a drain-those who ostensibly take more from society than …

Toward Equal Access To Justice: Rethinking The Role Of Law Schools, Douglas A. Blaze

Tennessee Journal of Law and Policy

If the goal is equal access to justice, as it must be, the pro bono efforts of lawyers are relatively insignificant. Despite years of exhortation by an impressive assortment of judges and bar leaders and the addition of increasingly strong aspirational language in professional rules,' an abysmally small percentage of lawyers engage in pro bono representation. According to the best national estimate, lawyers provide on average less than a half-an-hour per week of assistance to the poor. Staff attorneys from federally-funded legal aid programs provide most of the civil legal services available to low-income clients. The pro bono efforts of …

Anomalies In Intentional Tort Law, Alan Calnan

Tennessee Journal of Law and Policy

All intentional torts are governed by three basic principles: (1) intent is a necessary and sufficient basis for holding someone liable; (2) each intentional tort must violate its own specific behavioral rule; and (3) all intentional torts require proof of the defendant's fault. Together, these principles appear to make intentional tort law both unique and self-contained. The first principle justifies creating an intentional tort theory of recovery. The second principle distinguishes that theory from negligence, which bases liability on the fixed standard of reasonable care. The third principle separates intentional torts from the no-fault theory of strict liability.

Of course, …

Book 30 Jan 1944 - Nov 1945

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Books sent to war prisoners; concerned about returned members of Armed Forces “pouring” into schools and colleges; End of World War II.

Book 29 July 1942 - Dec 1943

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Alumni joining army; Female law students; War Effort Blackouts force library to close early at times; reports of alumni missing/killed in Europe; War Labor Conference.

Book 28 July 1, 1941 - June 24, 1942

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Attack on Pearl Harbor on December 7, 1941; United States enters World War II; Dean goes to Chattanooga for a war conference; blackouts for war effort.

Book 27 July 1940-June 1941

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: A woman in the class of first year students using law library; Discussion of orientation classes in law school- law faculty wanting no orientation since professional school.

Book 26 July 1, 1939 - June 30, 1940

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Harsh winter; considering facilitating the use of personally owned typewriters; Seniors drafted up a letter to the President protesting his lack of neutrality in public utterances; Chain letter circulated by 1^st year student about keeping US out of war.

Book 25 July 1, 1938 - June 30, 1939

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Mention of new Supreme Court building in Washington; funeral of Dean Massey; law library closed in afternoons during football games.

Book 24 July 1937 - June 1938

College of Law Library History

Francis Apperson has joined library staff as Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Discussion how UT one of first law libraries to permit circulation; Constitution’s 150^th Anniversary.

Book 23 July 29, 1936 - June 30, 1937

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Law school closed while President comes through Knoxville; dedication of Ferris Hall; petition to increase open hours of library; Increasing library staff hours and schedule to 40 hours a week with vacation and student assistants.

May 1, 1933 - June 30, 1933

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: UT observes daylight savings hours; Controversy about daylight savings.

Oct. 1, 1931 - June 30, 1932

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: One professor mentions that all of the “poor students” have been “eliminated” from his class due to cost of school; girl law students begin to regularly use the law library; Justice Holmes retires; State Bar Exam held in Knoxville.

May 19, 1931 - Sept 30, 1931

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. These librarians spent their days assisting patrons, binding books, record keeping, obtaining new material for the library and writing. Records indicate attendance, what students were studying and events in the community.

Book 14 July 1929 - June 1930

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Judge Swiggart of State Supreme Court used library Oct. 12, 1929; Night school begins.

Book 13 Sept 1928 - June 1929

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Library use greatly increasing; details decisions made to improve and expand the library, working with the Knoxville Bar Association.

Book 12 Sept 1927 - Aug 1928

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Bar Library Members and Lawyers using; students required to register their hours spent in the library; October 5, 1927 exercises at Jefferson Hall in honor of Governor Peay; Judge McKinney of Court of Appeals used Library Oct 6, 1927; Judge Grafton Green Chief Justice of Tennessee Supreme Court used library on Oct 16, 1927; Judge Portrum of Civil Court of Appeals used library Juan 17, 1928.

Book 11 Mar - Sept 1927

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: 1927 Rules of Knoxville Bar Library Association.

Book 10 Sept 1926 - Mar 1927

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: School closed for East Tennessee Teacher’s Association meeting; law library moves to Tennessee Hall; Knoxville Bar Library books all moved to University of Tennessee Law Library.

Book 9 Feb - June 1926

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Reported case of German Measles; Judge Jones visited trying to win votes; debate on Prohibition; talk about moving law library to Tennessee Hall.

Book 8 Sept 1925 - Jan 1926

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: School closed for the Tennessee Valley Fair; low library attendance due to the World Series; class canceled for Tennessee v. Vanderbilt football game; State Board of Education meeting in Ayres Hall.

Book 6 Jan 1924 - Jan 1925

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Educational Association meetings; Judges of the Tenn. Supreme Court visit on October 30, 1924.

Book 7 Feb - May 1925

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Trouble keeping order in the library; Tennessee Legislature Investigating Committee visits University of Tennessee.

Book 5 Sept - Jan 1924

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Division of State Fair September 27, 2012, Tennessee Supreme Court opening in Nashville.