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Memphis: Down In Tennessee, 1951

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A fold-out pamphlet published by the Memphis Chamber of Commerce in Memphis, Tennessee, in 1951 providing information for visitors to the city.

Memphis Chamber Of Commerce Journal, 5:8, 1922

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Vol. 5, No. 8 of the Memphis Chamber of Commerce Journal published in Memphis, Tennessee, in September 1922. This issue had articles on the Tri-State Fair.

Memphis Chamber Of Commerce Journal, 5:9, 1922

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Vol. 5, No. 9 of the Memphis Chamber of Commerce Journal published in Memphis, Tennessee, in October 1922.

Memphis Magazine, 1:1, 1970

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Vol. 1:1 of Memphis Magazine published by the Memphis Area Chamber of Commerce, Memphis, Tennessee, in July 1970. Articles on the Memphis Museum, Memphis and the Quantum Leap, Blacks in business, the Memphis Medical Center, art, hunting and fishing, music, Beale Street and the Mississippi River were included.

The Apa And The Assault On Deference, Ronald Levin

Scholarship@WashULaw

Recently, in Kisor v. Wilkie, a concurring opinion by Justice Gorsuch argued at length that § 706 of the Administrative Procedure Act prohibits judicial deference to administrative interpretations of law. That section states that “the reviewing court shall decide all relevant questions of law.” This issue remained unresolved in Kisor, but the Supreme Court may well return to it soon as a potential argument against the validity of Chevron deference. Although a substantial academic literature has supported Gorsuch’s position on the APA question, this article disagrees with it. It argues that the text of § 706, surrounding statutory provisions, the …

Should We Stay Or Should We Go: Lessons From The Trump Administration, Kathleen Clark

Scholarship@WashULaw

After the 2016 election, commentators published a flurry of essays with advice on whether lawyers and federal officials should remain in government during the Trump administration. In this article, I review those essays, includ- ing Professor David Luban’s stern advice about the risk of remaining. I also discuss three key concepts from Professor Luban’s article for this symposium: desk perpetrators, desk mitigators, and operational maneuvering room, and explore how they apply to Trump administration officials who engaged in internal

resistance or principled resignation. More than one hundred federal officials

in the administration engaged in principled resignation, many acting in concert …

Designing Supreme Court Term Limits, Kyle Rozema, Adam Chilton, Daniel Epps, Maya Sen

Scholarship@WashULaw

Since the Founding, Supreme Court justices have enjoyed life tenure. This helps insulate the justices from political pressures, but it also results in unpredictable deaths and strategic retirements determining the timing of Court vacancies. In order to regularize the appointment process, a number of academics and policymakers have put forward detailed term limits proposals. However, many of these proposals have been silent on many key design decisions and there has been almost no empirical work assessing the impact that term limits would have on the composition of the Supreme Court.

By Any Means: A Philosophical Frame For Rulemaking Reform In Criminal Law, Trevor George Gardner

Scholarship@WashULaw

Equitable crime policy and equity in the process of crime policymaking stand as the two goals most important to criminal-justice reform advocates. It would be a strategic mistake, however, to consider the two of equal importance. Crime-policy reform should be considered the first-order principle of the crime-policy reform movement. Fairness in the crime-policymaking process, while key to the pursuit of democratic ideals, is best understood as a secondary consideration. Put simply, the prioritization of fair process risks stifling the crime-policy reform movement by tethering the policy ends of the movement (namely, minimalism in criminal administration) to a pre-ordained means.

For The Sake Of The Child: Parental Recognition In The Age Of Assisted Reproductive Technology, The Honorable Beth S. Dixon

Campbell Law Review

Assisted Reproductive Technology has expanded the ways in which families may be created. Some intended parents of ART-conceived children, however, are not recognized as legal parents under existing North Carolina law. This Article explores why this lack of parental recognition is unjust for ART-conceived children, and how legislative codification of the Uniform Parentage Act will provide a framework for just and consistent decisions across North Carolina courts tasked with resolving critical family law issues.

"Newtrality": A Contemporary Alternative To Race-Neutral Pedagogy, Ada K. Wilson, Esq., Dr. Timothy J. Fair, Michael G. Morrison, Ii, Esq.

Campbell Law Review

This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, “Motivated Awareness” and “Inclusive Integrity” can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review. Using Washington v. Davis as a timestamp, this Article outlines the pervasive nature of sanctioned systemic racism at the hands of the discriminatory intent doctrine and articulates a tangible strategy for examining an interdisciplinary system of equity through “Motivated Awareness” and “Inclusive Integrity.”

Voices For Justice, The Honorable Anita S. Earls

Campbell Law Review

No abstract provided.

Driven To Despair: Confronting Racial Inequity In North Carolina's License Suspension Practices, Jennifer M. Lechner, B. Leigh Wicclair

Campbell Law Review

Hundreds of thousands of North Carolina drivers have a suspended license for unpaid traffic court fines and fees. The practice of suspending drivers’ licenses for unpaid fines and fees is inequitable and counterproductive. This practice disenfranchises rural drivers and those facing poverty and creates a significant obstacle to employment. Furthermore, African-American drivers are four times as likely as non-Hispanic, white drivers to have a suspended license for unpaid fines and fees. Drawing upon lessons learned from the Driver’s License Restoration Project, the Authors conclude that legislative action is needed to remedy this inequitable and inefficient system of collecting state revenue. …

Time To Reconcile, Marcus Gadson

Campbell Law Review

No abstract provided.

Walking The Tightrope: Reflections Of A Black Female Law Professor, Njeri Mathis Rutledge

Campbell Law Review

No abstract provided.

Can You Hear Me?: How Implicit Bias Creates A Disparate Impact In Maternal Healthcare For Black Women, Kenya Glover

Campbell Law Review

Black women die from childbirth at a disproportionately higher rate than white women. Despite knowing about this issue for years, medical professionals cannot attribute this disparity to a physical condition. Multiple studies show physicians’ implicit biases lead to poor patient care. Overall, Black women consistently report feeling silenced by their treating physicians—a feeling that has persisted since slavery. Stereotypes about Black women cloud physicians’ ability to provide adequate care. For those with Medicaid, the problems are even greater. Unfortunately for Black women and their families, creating a successful medical malpractice or wrongful death claim is nearly impossible. This is because …

Fraud In The Pandemic: How Covid-19 Affects Qui Tam Whistleblowers And The False Claims Act, Gavin A. Bell, W. Stacy Miller Ii

Campbell Law Review

No abstract provided.

In Defense Of Occupational Licensing: A Legal Practitioner's Perspective, Jeffrey P. Gray

Campbell Law Review

In recent years, occupational licensing boards have come under fire from critics across the nation. Much of the recent critique of occupational licensing boards has centered on the breadth of power these boards hold and the supposed lack of state supervision over them. And yet, occupational licensing boards in North Carolina are subject to significant state supervision. This Article seeks to rebut arguments of no state supervision over occupational licensing boards. This Article’s primary goal is to provide a cogent defense of occupational licensing boards in an effort to show their validity and legitimacy.

With Great Power Comes Great Accountability: A New Method For Applying Qualified Immunity And Rebuilding Public Trust, Miller Moreau

Campbell Law Review

No abstract provided.

Time Enough For Counting: A Unicorn Retrospective, Abraham Cable

Faculty Scholarship

No abstract provided.

Evolution Or Revolution In Telehealth Regulation, George Horvath

Faculty Scholarship

No abstract provided.

"I Would If Only I Could": How California Cities Can Use State Law To Overcome Neighborhood Resistance To New Housing, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill

Faculty Scholarship

No abstract provided.

Experimental? It Doesn't Mean What You Think It Means, Dorit Rubenstein Reiss, Arthur J. Caplan

Faculty Scholarship

No abstract provided.

Mdl Drano: Rule 23-Based Solutions To Mass Tort Buildup, Myriam E. Gilles, Gary Friedman

Articles

It has been taken as gospel, over the past quarter century, that class action procedures are unavailable in mass tort cases. This Article examines two distinct challenges to that assumption-one resting on Rule 23(c)(4)'s issue class procedure and the other on an innovation advanced by Francis McGovern, in whose honor this Article and symposium are dedicated.

Procedures For The Enforcement Of New York Convention Awards, George A. Bermann

Faculty Scholarship

Article III of the New York Convention expresses the Contracting States’ core obligation under the Convention, namely the obligation to enforce Convention awards, absent a basis in the Convention for declining to do so. At the same time, the Convention drafters chose not to prescribe the manner in which such enforcement should take place. Article III expressly reserved the matter to the law of the place where enforcement under the Convention is sought.

Enforcement was to be achieved “in accordance with the rules of procedure of the territory where the award is relied upon.” The only limitations on the freedom …

The Southern Hospitals Report, Elizabeth Reiner Platt, Katherine M. Franke, Candace Bond-Theriault, Amy Littlefield

Faculty Scholarship

When research for this report was first initiated, it was intended to answer a narrow question: is abortion care restricted at historically Protestant hospitals in the U.S. South? Strict limits on access to abortion at Catholic hospitals — and the ways in which this can obstruct and delay even emergency medical care — are already well documented in legal and medical literature and news media. In contrast, restrictions at Protestant hospitals have not been extensively studied and are not well understood. Our research sought to fill this gap in knowledge. We focused on the U.S. South because Catholic hospitals are …

Increasing Successful Completion Of Practical Engineering Diploma Programs, Naomi Gershoni

Social Policy Institute Research

This brief summarizes the results from an experiment that focused on increasing the percentage of college students who submitted and successfully defended their final projects and thus were eligible to earn a professional degree from a technical college.

The experiment focused on three study fields: architecture, electrical engineering, and software engineering.

In the study, a random group of college departments introduced pre-specified deadlines for the final project submission and defense, as well as sent students personalized text messages that provided reminders, encouragements, and additional information on the benefits of completing program requirements in a timely manner.

Study findings show that …

Nudging Parents To Improve Children's Oral Health: A Field Study, Deborah Marciano, Ariel Tikotsky, Merav Kynam Orenstein, Hadas Goldberg, Yuval Vered

Social Policy Institute Research

This brief presents the results from a field experiment that tested strategies for improving parental participation in an oral health promotion workshop.

In this study, daycare centers, in which a team of dental hygienists provided oral health workshops for parents, were randomly assigned to one of six experimental conditions.

Specifically, daycare centers were randomly assigned to introduce the Teeth Brushing Board (TBB)—i.e., an interactive poster board to report whether parents brushed their child’s teeth the previous day—into daycare classrooms in the two weeks before the oral health workshop. Further, parents were randomly assigned to receive invitation letters to the workshop …

Stripped Of Funds, Stripped Of Rights: A Critique Of Guardianship As A Remedy For Elder Financial Harm, Rebekah Diller, Leslie Salzman

Articles

There is a growing consensus in the United States and abroad recognizing the right to “legal capacity”—the right to make legally binding decisions for oneself—as a basic human right. Despite this recognition, adult guardianship—the state court procedure by which a person is declared incapacitated and stripped of decision-making rights—remains a widely used tool, particularly for older adults who have suffered financial exploitation or loss. For this population, guardianship is considered an unpleasant yet necessary remedy to address their financial harms. But what if the cure does not really work as intended, while other, less intrusive means could prevent and redress …

Extending Postpartum Medicaid: State And Federal Policy Options During And After Covid-19, Jamie R. Daw, Emily Eckert, Heidi Allen, Kristen Underhill

Faculty Scholarship

The United States is facing a maternal health crisis with rising rates of maternal mortality and morbidity and stark disparities in maternal outcomes by race and socioeconomic status. Among the efforts to address this issue, one policy proposal is gaining particular traction: extending the period of Medicaid eligibility for pregnant women beyond 60 days after childbirth. The authors examine the legislative and regulatory pathways most readily available for extending postpartum Medicaid, including their relative political, economic, and public health trade-offs. They also review the state and federal policy activity to date and discuss the impact of the COVID-19 pandemic on …

Explanatory Necropolitics: Physicians’ Perspectives On Compliance, Culture, And Competence In The Management Of Chronic Disease, Rithvik Ramesh

Senior Honors Papers / Undergraduate Theses

In this thesis, I explore physicians’ conceptions of culture in the management of chronic diseases like diabetes and hypertension. Physicians whom I interviewed deconstructed the challenges of compliance into coded components of knowing, wanting, and doing. This pattern creates a new form of adherent autonomy, which offers the freedom to choose as much as it surveils, expects, and moralizes “good” choices in the pursuit of good care. Consequently, adherent autonomy deprives patients of practical sovereignty and continues to objectify individuals in more indirect and ostensibly acceptable forms. While physicians’ definitions for culture ranged in scope and content, they prominently framed …