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Full-Text Articles in Legal Profession
Good Of My Patient: Who Gets To Decide?, Lauren Ruvo
Good Of My Patient: Who Gets To Decide?, Lauren Ruvo
Tennessee Journal of Race, Gender, & Social Justice
Physicians play a crucial role in helping patients make life or death decisions. However, all healthcare professionals have personal beliefs and biases that influence these decisions. This paper explores how physicians are able to uphold the Hippocratic ideal of doing what is in the best interest of the patient while taking into account their personal beliefs and biases. The paper begins by analyzing existing schools of thought around how to do what is best for the patient. While there are many different views, this paper looks at the main three: the bioethical movement, the paternalistic approach to medicine, and the …
Fundraising: Bridging Title Ix Athletics Compliance Of The Equal Treatment Requirement And The Advancement Of Women Administrators In Intercollegiate Athletics, Dana Drew Shaw
Tennessee Law Review
No abstract provided.
Foreword: From Suffrage To The Era, Wanda G. Sobieski
Foreword: From Suffrage To The Era, Wanda G. Sobieski
Tennessee Law Review
No abstract provided.
Progress Is A Chameleon, Melanie D. Wilson
Regulation Of Encapsulated Placenta, Greer Donley
Regulation Of Encapsulated Placenta, Greer Donley
Tennessee Law Review
The practice of placenta encapsulation is rapidly growing. It typically involves post-partum mothers consuming their placentas as pills in the months after childbirth. The perceived benefits include improved mood and energy, reduced bleeding and pain, and greater milk supply. But these effects are unproven, and consumption comes with health risks. The rise of this trend has sparked a vigorous debate in the recent medical literature, but this Article is the first to consider the legal implications of placenta encapsulation. This Article examines whether FDA should regulate encapsulated placenta, and if so, whether it should be regulated as a drug, supplement, …
A Shift In The Preemption Landscape, Douglas G. Smith
A Shift In The Preemption Landscape, Douglas G. Smith
Tennessee Law Review
No abstract provided.
Gonzaga's Ghosts, Amanda B. Hurst
Gonzaga's Ghosts, Amanda B. Hurst
Tennessee Law Review
Pursuant to its sweeping Spending Power, Congress will spend several hundreds of billions of dollars funding federal-state spending programs this year, which states must utilize in accordance with Congress's specifications-not unlike a "contract" according to the Supreme Court. But what if a state does not toe the line Congress drew, i.e. the State "breaches" its promise? The Supreme Court opened a door in Maine v. Thiboutot, the genesis of the personal rights doctrine, to allow beneficiaries to use 42 U.S.C. § 1983 to challenge state officials' violation of spending legislation. But almost from the doctrine's inception, the Court has stressed …
Coding For Cultural Competency: Expanding Access To Justice With Technology, Sherley E. Cruz
Coding For Cultural Competency: Expanding Access To Justice With Technology, Sherley E. Cruz
Tennessee Law Review
Innovations in legal technology are revolutionizing access to justice for individuals who previously had little or no ability to obtain legal assistance. This Article explores how the lack of culturally competent designs within legal technology negatively impacts diverse communities, thereby hindering the ability to expand access to justice. An examination of the underlying theories of access to justice and cultural competency illustrates why it is necessary for legal professionals and technology designers to incorporate culturally competent designs when developing legal technology. In light of ongoing changes in United States' demographics, and the heightened need to provide access to justice given …
Wannacry, Ransomware, And The Emerging Threat To Corporations, Lawrence J. Trautman, Peter C. Ormerod
Wannacry, Ransomware, And The Emerging Threat To Corporations, Lawrence J. Trautman, Peter C. Ormerod
Tennessee Law Review
The WannaCry ransomware attack began on May 12, 2017, and is unprecedented in scale-quickly impacting nearly a quarter-million computers in over 150 countries. The WannaCry virus exploits a vulnerability to Microsoft Windows that was originally developed by the U.S. National Security Agency and operates by encrypting a victim's data and demanding payment of a ransom in exchange for data recovery. Security experts have indicated that a North Korea linked group of hackers-who have also been implicated in cyberattacks against Sony Pictures in 2014, the Bangladeshi Central Bank in 2016, and Polish banks in February 2017-is behind the attack.
Ransomware threatens …
Sovereign Speech In Troubled Times: Prosecutorial Statements As Extrajudicial Admissions, Amir Shachmurove
Sovereign Speech In Troubled Times: Prosecutorial Statements As Extrajudicial Admissions, Amir Shachmurove
Tennessee Law Review
On its face, Federal Rule of Evidence 801(d)(2) is elegantly simple. Distinguishing between neither private persons nor public entities, it renders admissible out-of-court statements made by an agent "authorized to make a statement on the subject" and by an agent or employee "on a matter within the scope of. . . [its] relationship" to the party per subparagraph (C) and (D), respectively. More colloquially, Evidence Rule 801(d)(2)(C) permits the introduction of an authorized representative's statements into a case's evidentiary record, and Evidence Rule 801(d)(2)(D) does the same for statements uttered by certain agents and employees. History partly vindicated the former, …
She Stands On Her Own, Amongst Many: The Women Of The Tennessee Supreme Court, Bernice B. Donald, Emily T. Brait
She Stands On Her Own, Amongst Many: The Women Of The Tennessee Supreme Court, Bernice B. Donald, Emily T. Brait
Tennessee Law Review
No abstract provided.
And Then There Were Yellow Roses, Penny J. White
And Then There Were Yellow Roses, Penny J. White
Tennessee Law Review
No abstract provided.
Standing On The Shoulders Of Giants, Paula Schaefer
Standing On The Shoulders Of Giants, Paula Schaefer
Tennessee Law Review
No abstract provided.
Represent, Teri Dobbins Baxter
Reflections On Being A Small Part Of The Year Of The Woman, Jamie Ballinger
Reflections On Being A Small Part Of The Year Of The Woman, Jamie Ballinger
Tennessee Law Review
No abstract provided.
From Suffrage To Citizenship: The Battle For Gender Equality At The Citadel, Valorie K. Vojdik
From Suffrage To Citizenship: The Battle For Gender Equality At The Citadel, Valorie K. Vojdik
Tennessee Law Review
No abstract provided.
Enhancing The Value Of Shareholder Voting Recommendations, Bernard S. Shafman
Enhancing The Value Of Shareholder Voting Recommendations, Bernard S. Shafman
Tennessee Law Review
Investment advisers to mutual funds, exchange-traded funds, and separately managed accounts are typically delegated the authority to vote their clients' securities. When this delegation occurs, these investment advisers have a fiduciary duty to vote their proxies, typically the voting rights associated with a company's common stock, in the best interest of their clients. This duty creates the following corporate governance issue: How can these investment advisers become informed voters without requiring them to read massive amounts of information on the hundreds or thousands of companies they have invested in for the thousands, tens of thousands, or even hundreds of thousands …
Cotten V Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long
Cotten V Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long
Tennessee Law Review
No abstract provided.
Subdivision And Conserved Farmland, Jess R. Phelps
Subdivision And Conserved Farmland, Jess R. Phelps
Tennessee Law Review
Limiting subdivision of conserved farmland is often a critical component of an agricultural conservation easement project's design. These restrictions are critical for ensuring that a protected farm remains of sufficient size and scale to continue to be viable for agricultural use. This form of restriction, however, is often undervalued by courts reviewing agricultural conservation easements as being secondary or incidental to the agricultural conservation easement's stated goal of preventing this land from being developed or converted to non-agricultural use. The purpose of this Article is to place subdivision restrictions in their appropriate context and to consider options for increasing their …
Are Literary Agents (Really) Fiduciaries?, Jacqueline B. Lipton
Are Literary Agents (Really) Fiduciaries?, Jacqueline B. Lipton
Tennessee Law Review
2018 was a big year for "bad agents" in the publishing world. In July, children's literature agent Danielle Smith was exposed for lying to her clients about submissions and publication offers. In December, major literary agency Donadio & Olson, which represented a number of bestselling authors, including Chuck Palahniuk (Fight Club), filed for bankruptcy in the wake of an accounting scandal involving their bookkeeper, Darin Webb. Webb had embezzled over $3 million of client funds. Around the same time, Australian literary agent Selwa Anthony lost a battle in the New South Wales Supreme Court involving royalties she owed to her …
Big Data Is Not Big Oil: The Role Of Analogy In The Law Of New Technologies, Lauren Henry Scholz
Big Data Is Not Big Oil: The Role Of Analogy In The Law Of New Technologies, Lauren Henry Scholz
Tennessee Law Review
No abstract provided.
One Wotus, Two Potus: The Clean Water Act And The Economic Impact, Brad Finney
One Wotus, Two Potus: The Clean Water Act And The Economic Impact, Brad Finney
Tennessee Law Review
No abstract provided.