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Articles 61 - 90 of 107
Full-Text Articles in Legal Writing and Research
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford
Belmont Law Review
Part I highlights the inadequacies and inefficiencies of our Medicare payment system, focusing on the initiatives currently in place and the susceptibilities that persist. Part II offers a broad overview of the development, importance, features, and collateral technologies surrounding blockchain. Part III posits that Congress and HHS, through its various subsidiary agencies, should work in tandem with private stakeholders to create and/or implement a blockchain-based infrastructure to facilitate federal healthcare payments and support future growth of quality-based initiatives. This Note concludes with a recommendation for future agency research focusing on the viability and cost efficiency of a blockchain solution.
Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez
Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez
Belmont Law Review
In the essay, the authors examine the permissibility of student speech zones under the First Amendment. Related to this discussion, the essay also considers recent state legislative efforts to prohibit public colleges and universities from enforcing such campus speech zones. The authors are supportive of legislative measures related to speech zones, but several provisions in proposed state laws and model legislation go beyond this issue and would potentially undercut student free speech rights and unduly interfere with institutional autonomy to manage and respond to issues involving speech and expression on campus. Instead, legislators should exercise restraint when it comes to …
No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro
No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro
Belmont Law Review
This Article’s thesis is simple—because public university administrators are no more angelic than other constitutional actors are, the judiciary’s deference to higher education officials must end. There is no reason for greater deference to the academy than to other governmental units. Instead, judges must subject higher education administrators to the same skepticism and doubt as other constitutional actors. This Article has three parts. Part I examines how the Courts treat academe’s constitutional actors more deferentially than constitutional actors in other spheres. Specifically, it discusses different approaches concerning racial preferences, student religious groups’ freedom of association, and due process for students …
Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon
Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon
Belmont Law Review
While several court rulings have recognized parental rights over education to varying degrees, the emergence of a common public school agenda has led to an increasing establishment of barriers limiting opportunities for parents to exercise their rights and control over the upbringing of their children via school choice initiatives. Parental rights and the exercise of choice are further complicated and restricted for parents of students with disabilities. Although the right to an education is protected under the Individuals with Disabilities in Education Act (IDEA), parental choice is recast as parental participation in the educational decisions affecting children with disabilities. In …
Is There A Law Of Regional Planning?, Brian W. Ohm
Is There A Law Of Regional Planning?, Brian W. Ohm
Belmont Law Review
This Article examines the law through the lens of regional planning. Globally, the twenty-first century has been called “the urban century,” with more people living in urban areas than in rural areas. In the United States in particular, our urban areas are often not comprised of a single city. Rather, our urban areas are comprised of numerous local governments: cities, villages, towns, and counties. The modern metropolis connotes an agglomeration of adjacent and interconnected local governments (often cities) clustered around a major urban center (often an older central city). This Article will provide a brief overview of some of the …
Pumping 9 To 5: Why The Flsa’S Provisions Provide Illusory Protections For Breastfeeding Moms In The Workplace, Kierstin Jodway
Pumping 9 To 5: Why The Flsa’S Provisions Provide Illusory Protections For Breastfeeding Moms In The Workplace, Kierstin Jodway
Belmont Law Review
On March 30, 2010, former President Barack Obama signed into law the Patient Protection and Affordable Care Act, which amended the Fair Labor Standards Act (“FLSA”) of 1938. Due to this amendment, the FLSA now requires employers to provide workplace accommodations for working mothers who wish to continue expressing breast milk after returning to work. Although this legislation was intended to be a step in support of transforming the role of women in the workplace, in practice its protections fail to advance the legal policies and progressive changes to the American workplace that our society has tirelessly pushed for. This …
The Middle Class, Urban Schools, And Choice, Michael Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
Belmont Law Review
It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and that they often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl—that is, the movement of people and jobs from city to suburb. Because most suburbs are highly dependent on automobiles, such sprawl makes it more difficult for people without cars to reach jobs and other destinations, as well as increasing greenhouse gas emissions and other forms of automobile related pollution.This Article discusses a variety of possible …
Public Pension Reform And The Takings Clause, Michael B. Kent
Public Pension Reform And The Takings Clause, Michael B. Kent
Belmont Law Review
Of the many current issues facing state and local governments, perhaps one of the most pressing is public pension reform. According to the U.S. Census Bureau, there are nearly 4,000 public pension systems in the United States, the vast majority (3,742) of which are administered by local governments. As of 2014, these systems had more than 19,000,000 members and more than 9,000,000 beneficiaries receiving periodic payments. But many of these systems are in serious financial trouble, collectively facing unfunded liabilities that, by some estimates, equal approximately $4.7 trillion. In light of these shortfalls, many states have enacted a variety of …
Municipal Finance And Asymmetric Risk, Lori Raineri, Darien Shanske
Municipal Finance And Asymmetric Risk, Lori Raineri, Darien Shanske
Belmont Law Review
In 2016, both major presidential candidates supported a big increase in federal spending for infrastructure improvements. This is a good thing in light of the state of America’s infrastructure. Given that much of the nation’s infrastructure is owned and maintained by local governments, such proposals require local governments to access the capital markets even more than they currently do. And, as it is, the municipal market is extremely large. In 2015 alone, there were 6,530 “new money” municipal bond issues, totaling nearly $153.86 billion. Looking forward, there is therefore good reason to pause and think about how local governments might …
Strengthening Our Cities, Raumesh Akbari
Strengthening Our Cities, Raumesh Akbari
Belmont Law Review
Belmont Law Review Symposium Presentation: Representative Raumesh Akbari, Strengthening Our Cities. October 7, 2016
Slicing The Pie: A Call For Congress To Enact Single-Factor Payroll Apportionment Of Interstate Business Revenue, Michael Bowen
Slicing The Pie: A Call For Congress To Enact Single-Factor Payroll Apportionment Of Interstate Business Revenue, Michael Bowen
Belmont Law Review
Almost all states levy some form of corporate income tax. In administering a corporate income tax system, states must make a series of policy decisions, including the tax rate and tax base. A more interesting problem arises, however, when considering corporations that do business in multiple states: how to determine the portion of income attributable to business within each state. This policy of apportionment is a crucial element of a corporate income tax system. Although the federal government has considered involving itself in determining how this income is apportioned to the various states, it never has. States have very little …
The Effects Of Personal Property Tax Liens On The Rights Of Secured Creditors, Keith Maune
The Effects Of Personal Property Tax Liens On The Rights Of Secured Creditors, Keith Maune
Belmont Law Review
In most states, counties are allowed to tax personal property and may attach liens to the personal property if the taxes are not paid. However, secured creditors may already have a lien on the same personal property, which they perfected by making the appropriate filing as set forth by the Uniform Commercial Code (the “UCC”). The laws that control the relative rights of the counties and the secured creditors vary widely among states. In some states, despite a creditor’s apparent priority under the UCC, a county’s lien can override a creditor’s prior lien, even without any registration or opportunity for …
Judicial Perspectives Series, Roger A. Page
Judicial Perspectives Series, Roger A. Page
Belmont Law Review
A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.
Privileged For Being Stationary: Why The Practice Of Differentiating Between In-State And Out-Of-State Tuition Rates Are Unconstitutional, Hannah Mccann
Belmont Law Review
State universities charging out-of-state tuition prices through the use of durational residency requirements is unconstitutional in violation of the Privileges and Immunities Clause of Article IV for students who come into a state in order to attend school there because the practice hinders the operation of a system of higher education within the nation as a whole by allowing states to confer the privilege of in-state tuition upon residents that people coming into the state from other states do not receive. Additionally, the practice of using durational residency requirements in determining who is eligible for in-state tuition violates the right …
Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean
Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean
Belmont Law Review
Regionalism Panel Discussion Featuring: Mr. Jon Cooper, Mr. Ralph Schulz, and Mr. Michael Skipper. Moderated by Mayor Karl Dean. October 7, 2016
First Zipcar, Now Uber: Legal And Policy Issues Facing The Expanding “Shared Mobility” Sector In U.S. Cities, Joseph P. Schwieterman, Mollie Pelon
First Zipcar, Now Uber: Legal And Policy Issues Facing The Expanding “Shared Mobility” Sector In U.S. Cities, Joseph P. Schwieterman, Mollie Pelon
Belmont Law Review
Innovations and technological disruptions in the “sharing economy” are shifting the contours of urban travel in the United States. Carsharing organizations such as car2go and Zipcar have grown exponentially over the past decade, expanding their memberships from 52,347 in 2004 to 1,181,087 in 2015. Ridesourcing companies like Lyft and Uber, which were entirely absent from most U.S. cities as recently as 2010, are now global powerhouses, each reportedly worth billions of dollars. Private investors, after avoiding investments in urban transit services for more than half a century, are now offering venture capital for Bridj, Chariot, and other companies. This Article …
Symposium Panel: Bringing Blurred Lines Into Focus, Suzanne Kessler, Ramona Desalvo, Sara Ellis
Symposium Panel: Bringing Blurred Lines Into Focus, Suzanne Kessler, Ramona Desalvo, Sara Ellis
Belmont Law Review
Belmont Law Review Symposium: Bringing Blurred Lines into Focus, October 2015.
Symposium Presentation: Nsai Director Bart Herbison On Copyright Reform For Songwriters, Bart Herbison
Symposium Presentation: Nsai Director Bart Herbison On Copyright Reform For Songwriters, Bart Herbison
Belmont Law Review
A transcript of a presentation at the Belmont University College of Law Symposium, "Entertainment Law and Music Business in Transition."
The Burden Of The Bargain: Revisiting The Predicament Of Meshing Workers’ Compensation And Tort Law In Light Of Widespread Acceptance Of Aligning Liability With Fault, Margaret Hearn Teichmann
The Burden Of The Bargain: Revisiting The Predicament Of Meshing Workers’ Compensation And Tort Law In Light Of Widespread Acceptance Of Aligning Liability With Fault, Margaret Hearn Teichmann
Belmont Law Review
Most courts, legislatures, and scholars agree that the widespread movement over the past half-century toward aligning liability with fault has positively influenced tort law; however, the change has not come without difficulty. Courts and legislatures have struggled to determine how these developing doctrines affect apportionment of damages in various contexts. This note addresses the issue of how damages should be apportioned among multiple tortfeasors when an injured plaintiff has suffered a workplace injury and the employer or a coworker is partially to blame.
Social Media And “Flash-Infringement”: Live Music Culture And Dying Ip Protection, Michael M. Epstein
Social Media And “Flash-Infringement”: Live Music Culture And Dying Ip Protection, Michael M. Epstein
Belmont Law Review
This article interrogates issues of music intellectual property rights infringement at live performances. I am especially interested in music infringement at live concerts and DJ-driven mash-up parties, and the use of technologies to transfer protected content by smartphone — or remote storage device — at or near the performance site. The covalent forces of social media, including the use of smartphone apps such as Meerkat and Periscope, and flash mob culture have created a perhaps unstoppable threat to copyright and other intellectual property rights — a phenomenon that I define in this article as “flash infringement.” In a flash infringement …
Modern Legal History 2015: The Road To Obergefell, Abby Rubenfeld, Regina Lambert
Modern Legal History 2015: The Road To Obergefell, Abby Rubenfeld, Regina Lambert
Belmont Law Review
We’re going to have the opportunity to hear about the road to Tanco v. Haslam, one of the most important individual rights constitutional decisions from the United States Supreme Court in the last half-century. We’ll have an opportunity to gain from Ms. Rubenfeld’s and Ms. Lambert’s perspectives and experiences and hear their stories, Belmont Law Review Modern Legal History Symposium, November 20, 2015.
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
Belmont Law Review
In February 2015, the U.S. Copyright Office released a report entitled Copyright and the Music Marketplace, which summarizes its study of the music industry and recommends significant revisions to copyright law in response to the rapidly changing demands of the industry. Among its recommendations, the Copyright Office proposes an amendment to section 115(a)(2) of the Copyright Act. Currently, section 115(a)(2), referred to as the compulsory licensing provision of copyright law, permits someone to record a new version of a previously recorded and publicly distributed song, regardless of the format of the newly recorded version. The revised section 115(a)(2) would require …
Symposium Address: U.S. Representative Marsha Blackburn On Federal Copyright Reform, Marsha Blackburn
Symposium Address: U.S. Representative Marsha Blackburn On Federal Copyright Reform, Marsha Blackburn
Belmont Law Review
A transcript of the address at the Belmont University College of Law Symposium, "Entertainment Law and Music Business in Transition."
Judicial Perspective Panel 2015, Jeffrey S. Bivins, Holly Kirby
Judicial Perspective Panel 2015, Jeffrey S. Bivins, Holly Kirby
Belmont Law Review
A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform, Loren E. Mulraine
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform, Loren E. Mulraine
Belmont Law Review
Copyright is a unique species of the law, tethered in a very tangible way to what is largely an intangible: intellectual property. It should be no surprise then that any collection of laws governing property that can be literally created in a moment out of nothing but the mind of the creator, will ultimately have an eternal struggle keeping pace with that very thing it purports to govern. Historically, copyright law has been relegated to being the horse that is second to cross the finish line at the Kentucky Derby. The horse is indeed world class; however, it is simply …
Salvaging General Jurisdiction: Satisfying Daimler And Proposing A New Framework, B. Travis Brown
Salvaging General Jurisdiction: Satisfying Daimler And Proposing A New Framework, B. Travis Brown
Belmont Law Review
General jurisdiction is slowly being eroded. What was once a well-trodden path used to hale corporate defendants into the courthouse is now increasingly barred or shut. In its most recent general jurisdiction opinion, Daimler AG v. Bauman, the U.S. Supreme Court continued its trend towards divesting general jurisdiction of its utility. This is a mistake. The 21st century’s economy is increasingly complex, and general jurisdiction must evolve with this complexity. Failing to do so allows intricate corporate structures to insulate corporate defendants from the jurisdiction of U.S courts. Although the theory of personal jurisdiction has come a long way since …
The Attorney–Client Privilege And Former Employees: History, Principle, And Precedent, Heath Henley
The Attorney–Client Privilege And Former Employees: History, Principle, And Precedent, Heath Henley
Belmont Law Review
When does attorney-client privilege protect communications between an attorney and her client’s former employee? Unfortunately, there is no simple answer to this question. In federal courts, privilege over communications with current employees is generally governed by the subject-matter test. Under this legal doctrine, communication is privileged when it regards subject matter within the scope of the employee’s position. The rationale for the doctrine is that it is often the lower level employees who will have the information that an attorney needs. Extending the doctrine to former employees, however, has caused courts to stumble as they have attempted to reconcile evidentiary …
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Belmont Law Review
While courts do not consider the aesthetic value of an element of a work in determining whether it is protected by copyright, they do consider the aesthetic value of the use of a copyrighted element of a work in determining whether that use is a fair use. This asymmetry improperly and inefficiently discriminates in favor of copyright protection and against fair use. Moreover, the fair use transformativeness inquiry discriminates against marginalized authors, because courts are less likely to appreciate the aesthetic value of their uses of copyrighted works. Courts should apply the aesthetic nondiscrimination principle to both copyright and fair …
The Great Tactician: The Chief Justice, Obamacare, And Walking The Tightrope Of Partisan Politics, Katherine H. Blankenship
The Great Tactician: The Chief Justice, Obamacare, And Walking The Tightrope Of Partisan Politics, Katherine H. Blankenship
Belmont Law Review
This note argues that true judicial restraint is a fictional impossibility. Any practice of judicial restraint is at the very same moment an exercise of judicial activism because a judge cannot approach the law from a truly objective, mechanical position. Every judicial opinion is influenced not only by the political and moral vantage point of the judge, but also the judge’s policy and societal concerns. This thesis is illustrated by a case study of National Federation of Independent Business v. Sebelius, and, specifically, Chief Justice Roberts’s opinion regarding the individual mandate and the Medicaid provision of the Affordable Care Act. …
Gestational Surrogacy Contracts In Tennessee: Freedom Of Contract Concerns & Feminist Principles In The Balance, Jennifer S. White
Gestational Surrogacy Contracts In Tennessee: Freedom Of Contract Concerns & Feminist Principles In The Balance, Jennifer S. White
Belmont Law Review
Drawing upon feminist theory and principles of freedom of contract, this Note proposes a new statutory framework for addressing surrogacy in the state of Tennessee. Part I provides a balanced discussion of why couples choose surrogacy as well as varying types of surrogacy available to individuals. Part II explores the judicial and legislative responses toward surrogacy contracts in the United States and discusses significant surrogacy litigation that continues to shape the public policy arguments surrounding this issue. Part III provides background on Tennessee’s approach to the right to privacy as well as recent surrogacy case law and legislation. Part IV …