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Articles 1 - 30 of 150
Full-Text Articles in Law
The Challenge Of Lgbt Youth In Foster Care, Benjamin Ashley
The Challenge Of Lgbt Youth In Foster Care, Benjamin Ashley
The Forum: A Tennessee Student Legal Journal
No abstract provided.
"Medicate-To-Execute": The Dilemma Of Involuntary Medication And Mentally Ill Death Row Inmates, Paige Ayres
"Medicate-To-Execute": The Dilemma Of Involuntary Medication And Mentally Ill Death Row Inmates, Paige Ayres
The Forum: A Tennessee Student Legal Journal
No abstract provided.
Eliminating The Effective Death Sentence Of Life Without Parole, Joseph Tutro
Eliminating The Effective Death Sentence Of Life Without Parole, Joseph Tutro
The Forum: A Tennessee Student Legal Journal
No abstract provided.
What It Means To Be A Parent: A Problematic Outcome In Adoptive Couple V. Baby Girl, Amy Sosinski
What It Means To Be A Parent: A Problematic Outcome In Adoptive Couple V. Baby Girl, Amy Sosinski
The Forum: A Tennessee Student Legal Journal
No abstract provided.
Summer-Wyatt Symposium: "Navigating The Complexities Of Our Melting Pot: How Immigration Affects Legal Representation"
Tennessee Journal of Law and Policy
No abstract provided.
The Dynamic Cycle Of Legal Change, John Martinez
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 …
Tjlp (Summer 2013) Volume 9 Special Edition
Tjlp (Summer 2013) Volume 9 Special Edition
Tennessee Journal of Law and Policy
No abstract provided.
Viewing Tennessee's New Photo Identification Requirements For Voters Through Historical And National Lens, Daniel Sullivan
Viewing Tennessee's New Photo Identification Requirements For Voters Through Historical And National Lens, Daniel Sullivan
Tennessee Journal of Law and Policy
In 2011, Tennessee became only the fifth U.S. state to strictly require photograph identification as a prerequisite to voting.' Over the past decade, a nationwide battle has been brewing over voter identification laws. In fact, "[s]ince 2001, nearly 1,000 bills have been introduced in a total of 46 states," with 21 states passing "major [voter identification] legislation between 2003 and 2011." In 2011 alone, 34 states took up the issue, either "proposals for new voter ID laws in states that didn't already require voter ID at the polls (considered in 20 states), [or] proposals to strengthen existing voter ID requirements …
The Necessary Opportunism Of The Common Law First Amendment, Chris Stangl
The Necessary Opportunism Of The Common Law First Amendment, Chris Stangl
Tennessee Journal of Law and Policy
The First Amendment historically has been interpreted to provide greater and greater protection to more and more forms of expression. The notion of an originalist First Amendment has never commanded a majority of the Supreme Court and is unlikely to do so. Instead the development of the First Amendment has followed a common law trajectory. As the reach of its protections expands, so to do its attractiveness for arguments that may be more accurately located elsewhere in the Constitution's text. Such opportunism is a predictable, even necessary consequence of the First Amendment's common law development, and the Supreme Court tacitly …
Precedent, Fairness, And Common Sense Dictate That Padilla V. Kentucky Should Apply Retroactively, William N. Conlow
Precedent, Fairness, And Common Sense Dictate That Padilla V. Kentucky Should Apply Retroactively, William N. Conlow
Tennessee Journal of Law and Policy
In 2010, the Supreme Court decided the landmark case of Padilla v. Kentucky. The Padilla Court's holding was that failure of counsel to advise a non-citizen criminal defendant about the immigration consequences of a guilty plea constitutes ineffective assistance of counsel. This article addresses whether Padilla applies to convictions that occurred before Padilla was decided, in March 2010.
First, this article provides background on relevant immigration law, Padilla v. Kentucky, and the Supreme Court's retroactivity case law. Then, this article considers how lower courts have addressed the issue of retroactivity in the approximately twenty-seven months after the Padilla decision. This …
United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie Reid
United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie Reid
Tennessee Journal of Law and Policy
In the center of the town of Siena, Italy, lays the Palazzo Publico which was built between 1297 and 1310. Inside the Palazzo Publico is the Sala della Pace, the Hall of Peace, which houses an early piece of Italian secular arta fresco that illustrates the effect government has on the city, its people, and the countryside.' The painter, Ambrogio Lorenzetti, depicted the "Common Good" as a king, sitting tall and strong above a line of smaller-sized, everyday people who are slowly making their way towards the "Common Good." This picture represents the subordination of private interest to the common …
Tjlp (2013) Volume 9 Number 1
Tennessee Journal of Law and Policy
No abstract provided.
Summers-Wyatt Symposium: "Crisis, Coverage, And Communication: Advocacy In A 24/7 News World"
Summers-Wyatt Symposium: "Crisis, Coverage, And Communication: Advocacy In A 24/7 News World"
Tennessee Journal of Law and Policy
No abstract provided.
Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing Requirements On The Welfare Population, Lindsey Lyle
Tennessee Journal of Law and Policy
Luis Lebron is a thirty-five year old who balances his duties as sole caretaker of his four year-old son with pursuing a degree at the University of Central Florida.' To help support himself and his child while in school, Lebron applied to the Florida Department of Children and Families for Temporary Assistance for Needy Families (TANF) benefits in July 2011. However, Lebron refused to take the drug test" required by a recently passed Florida statute, requiring prospective TANF beneficiaries to undergo drug testing prior to receiving benefits. Lebron insists that he has never used illegal drugs, but refuses to take …
Keynote Address: Protecting The Pillars Of Our Legal System, Bernard W. Nussbaum
Keynote Address: Protecting The Pillars Of Our Legal System, Bernard W. Nussbaum
Tennessee Journal of Law and Policy
No abstract provided.
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
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. …
Tjlp (Summer 2012) Volume 8 Special Edition
Tjlp (Summer 2012) Volume 8 Special Edition
Tennessee Journal of Law and Policy
No abstract provided.
Appendix: Transcript Of Video Legislative History Of Public Chapter No. 4981
Appendix: Transcript Of Video Legislative History Of Public Chapter No. 4981
Tennessee Journal of Law and Policy
No abstract provided.
Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen Bright
Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen Bright
Tennessee Journal of Law and Policy
No abstract provided.
Tennessee Tussle: The Struggle Over Tennessee's Collective Bargaining Curtailment And Its Potential Future Impact, William Gibbons
Tennessee Tussle: The Struggle Over Tennessee's Collective Bargaining Curtailment And Its Potential Future Impact, William Gibbons
Tennessee Journal of Law and Policy
One representative referred to Tennessee's teacher collective bargaining bill as "...the tail wagging the dog." Another said it signified a fight against "socialistic bargaining." A lobbyist for the Tennessee Education Association (TEA) said it "...turn[ed] back the clock 35 years." The bill's sponsor declared that the legislation would reverse the state teachers' union's "strangle [on] the hope of education reform." Without a doubt, the Tennessee 107th General Assembly's most contentious debate brought out hostile language from both sides. The final result, the Professional Educators Collaborative Conferencing Act of 2011 (PECCA), formalized collective bargaining's replacement with "collaborative conferencing," in which education …
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon
Tennessee Journal of Law and Policy
In its 2011 session, the Tennessee General Assembly purported to overrule a landmark decision of the Tennessee Supreme Court that had clarified the burden of production on summary judgment motions. The stage was set for this legislation by the November 2010 election, in which Republicans won majorities of twenty to thirteen in the State Senate and sixty-four to thirty-four (plus one GOP-leaning independent) in the House of Representatives. In addition, Bill Haslam, the Republican Mayor of Knoxville, won the election for Governor handily, leaving Republicans "large and in charge" and in control of the executive branch and both houses of …
Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shechtman
Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shechtman
Tennessee Journal of Law and Policy
The United States' ongoing "War on Drugs" has reached a new level of confusion as several states have deviated from the unremitting federal policy against marijuana use and sale. Contributing to the confusion are the co-extensive, yet sometimes conflicting Constitutional tenets of interstate commerce, Tenth Amendment state sovereignty, and historic principles of federalism in state criminal enforcement. While there is no apparent end in sight for this overarching battle of federal versus state control, this article focuses on the highly controversial issue of what level of government should take responsibility for the formation of marijuana policy. Though much attention has …
Clinical Use Of Placebos: Medicine, Neuroscience, Ethics And The Law, Steven B. Perlmutter
Clinical Use Of Placebos: Medicine, Neuroscience, Ethics And The Law, Steven B. Perlmutter
Tennessee Journal of Law and Policy
When I am sick, I go to my doctor. She takes a history, does a physical examination, and tells me what is wrong. I expect that she will tell me what medicine to take, what exercises to do, what to eat or what surgery is needed. I want an answer and a solution. My thinking can be summed up in just one phrase, "Fix it!" But what if there is no medicine, no treatment, nothing to do about the condition? What then? I still want some remedy that will help me. My doctor wants me to be satisfied with her …
National Public Defense Symposium: "Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty", Jean Faria, Jon B. Gould, Elizabeth Libby Sykes
National Public Defense Symposium: "Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty", Jean Faria, Jon B. Gould, Elizabeth Libby Sykes
Tennessee Journal of Law and Policy
No abstract provided.
National Public Defense Symposium: "Unique Ethical Dilemmas In Capital Representation", Sean O'Brien, Bradley A. Maclean, Mary Ann Green, Ann Short-Bowers
National Public Defense Symposium: "Unique Ethical Dilemmas In Capital Representation", Sean O'Brien, Bradley A. Maclean, Mary Ann Green, Ann Short-Bowers
Tennessee Journal of Law and Policy
No abstract provided.