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Tennessee Journal of Law and Policy

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Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close Feb 2019

Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close

Tennessee Journal of Law and Policy

Over the last decade or so, federal and state education policymakers embraced the use of value added models (VAMs) to evaluate teachers’ performance and make high-stakes employment decisions (e.g., tenure, merit pay, termination of employment). VAMs are complicated statistical models that attempt to estimate a teacher’s contribution to student test scores, particularly those in mathematics and reading. Educational researchers, as well as many teachers and unions, however, have objected to the use of VAMs noting that these models fail to adequately account for variables outside of teachers’ control that contribute to a student’s education performance. Subsequently, many teachers challenged the …


Pleading Guilty: Indigent Defendant Perceptions Of The Plea Process, Jeanette Hussemann, Jonah Siegel Feb 2019

Pleading Guilty: Indigent Defendant Perceptions Of The Plea Process, Jeanette Hussemann, Jonah Siegel

Tennessee Journal of Law and Policy

Public defenders and other court actors most often engage in behind-the-scene plea negotiating to manage overwhelming workloads and to dispose of cases as quickly and efficiently as possible. In prior work, scholars have documented an increased reliance on plea bargaining and the deleterious impact of the practice on the legal process and the rights of individuals accused of a crime; however, this research has not systematically analyzed the decisions made, and the perspectives of justice of society’s most disadvantaged and arguably most important actors of the court, the defendants. Relying on data collected in a Midwestern public defense system, this …


Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson Feb 2019

Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson

Tennessee Journal of Law and Policy

Under the current tests set out in Pickering and its progeny, teachers—particularly LGBT and LGBT allies— are being censored in the classroom with “no promo homo” education policies and laws. Although citizens are granted free speech protections through the First Amendment, public employees such as public school teachers generally receive less protection. The Supreme Court has yet to determine a distinct test for public school teachers, leaving discretion to school districts. Currently, in seven states, legislators explicitly prohibit teachers from positively speaking about or correcting misconceptions on homosexuality. In this current age, these policies negatively impact the teacher’s effectiveness inside …


Tennessee Journal Of Law And Policy Volume 13, Issue 2 (Winter 2019) Feb 2019

Tennessee Journal Of Law And Policy Volume 13, Issue 2 (Winter 2019)

Tennessee Journal of Law and Policy

No abstract provided.


Defining The Role Of Clinical Law Students, Medical-Legal Partnerships, And Pro Bono Lawyers Feb 2019

Defining The Role Of Clinical Law Students, Medical-Legal Partnerships, And Pro Bono Lawyers

Tennessee Journal of Law and Policy

No abstract provided.


Responding To The Impacts Of The Opioid Epidemic On Families Feb 2019

Responding To The Impacts Of The Opioid Epidemic On Families

Tennessee Journal of Law and Policy

No abstract provided.


The Opioid Epidemic: Regulation, Responsibility, And Remedies Feb 2019

The Opioid Epidemic: Regulation, Responsibility, And Remedies

Tennessee Journal of Law and Policy

No abstract provided.


Healing Appalachia: Keynote Address Feb 2019

Healing Appalachia: Keynote Address

Tennessee Journal of Law and Policy

No abstract provided.


A Rot In Heaven: A Powerful Investigative Partnership, The Opioid Crisis, Pill Profits, And A Pulitzer Prize, Becky Jacobs Professor Feb 2019

A Rot In Heaven: A Powerful Investigative Partnership, The Opioid Crisis, Pill Profits, And A Pulitzer Prize, Becky Jacobs Professor

Tennessee Journal of Law and Policy

No abstract provided.


Symposium Issue 2018 Feb 2019

Symposium Issue 2018

Tennessee Journal of Law and Policy

No abstract provided.


Tennessee's Death Penalty Lottery, Bradley A. Maclean, H. E. Miller Jr. Nov 2018

Tennessee's Death Penalty Lottery, Bradley A. Maclean, H. E. Miller Jr.

Tennessee Journal of Law and Policy

Over the past 40 years, Tennessee has imposed sustained death sentences on 86 of the more than 2,500 defendants found guilty of first degree murder; and the State has executed only six of those defendants. How are those few selected? Is Tennessee consistently and reliably sentencing to death only the “worst of the bad”? To answer these questions, we surveyed all of Tennessee’s first degree murder cases since 1977, when Tennessee enacted its current capital punishment system. Tennessee’s scheme was designed in response to the U.S. Supreme Court’s decision in Furman v. Georgia, which held that a capital punishment …


Now Is The Winter Of Ginsburg's Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale Test, Taylor Payne Nov 2018

Now Is The Winter Of Ginsburg's Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale Test, Taylor Payne

Tennessee Journal of Law and Policy

The preliminary injunction is an equitable remedy that may be granted to prevent harm to a movant before adjudication on the merits can be reached. The United States Supreme Court most recently iterated in Winter v. National Resource Defense Counsel, Inc. the four factors a court must consider for a preliminary injunction to issue.[1] A movant seeking a preliminary injunction must establish that the movant is likely to succeed on the merits; that the movant is likely to suffer irreparable harm in the absence of preliminary relief; that the balance of equities tips in the movant’s favor; and that …


Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context, Tyler Corcoran Nov 2018

Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context, Tyler Corcoran

Tennessee Journal of Law and Policy

No abstract provided.


Volume 13, Issue 1 (Summer 2018), Tennessee Journal Of Law & Policy N/A Nov 2018

Volume 13, Issue 1 (Summer 2018), Tennessee Journal Of Law & Policy N/A

Tennessee Journal of Law and Policy

No abstract provided.


The Case For Complicity-Based Religious Accommodations Jan 2018

The Case For Complicity-Based Religious Accommodations

Tennessee Journal of Law and Policy

No abstract provided.


Judicial Hot Potato: An Analysis Of Bifurcated Courts Of Last Resort In Texas And Oklahoma Jan 2018

Judicial Hot Potato: An Analysis Of Bifurcated Courts Of Last Resort In Texas And Oklahoma

Tennessee Journal of Law and Policy

No abstract provided.


A Tribute To Professor Penny White Jan 2018

A Tribute To Professor Penny White

Tennessee Journal of Law and Policy

No abstract provided.


Volume 12, Issue 2 (Winter 2018) Jan 2018

Volume 12, Issue 2 (Winter 2018)

Tennessee Journal of Law and Policy

No abstract provided.


Volume 12, Issue 1 (Summer 2017) Aug 2017

Volume 12, Issue 1 (Summer 2017)

Tennessee Journal of Law and Policy

No abstract provided.