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Articles 31 - 60 of 146
Full-Text Articles in Law
Systematic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Systematic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Tennessee Journal of Law and Policy
At the American Bar Association's National Public Defense Symposium in May, 2010, I delivered a talk on systemic indigent defense litigation. I spoke about this kind of litigation with measured optimism. Specifically, I described two pending suits of this kind - one in Michigan and one in New York - as successful models of modem litigation in this arena. In May, both suits had just survived motions to dismiss before their respective state supreme courts. I discussed the future trials in these suits and the potential for litigants to replicate the success of these suits in other jurisdictions.
Tjlp (2011) Volume 7 (Special Edition)
Tjlp (2011) Volume 7 (Special Edition)
Tennessee Journal of Law and Policy
No abstract provided.
State V. Pierce: Refining The Standard For The Admission Of Polygraph Evidence, Anton L. Jackson
State V. Pierce: Refining The Standard For The Admission Of Polygraph Evidence, Anton L. Jackson
Tennessee Journal of Law and Policy
Although the inadmissibility of polygraph evidence in the course of a criminal trial has been well-established law in Tennessee for almost fifty years, the quandary presented itself two years ago in State v. Pierce.' This case forced the Tennessee Supreme Court to balance the need to protect state citizens against sexual predators with the wellestablished rules of evidence which hold that "polygraph evidence is inherently unreliable, and therefore irrelevant and inadmissible. ' In Pierce, the issue before the court was whether polygraph test results, which were performed as part of a sex offender risk assessment and encouraged by leading psychosexual …
The Clear Act: When The Wars On Terrorism And Immigration Collide, Maha M. Ayesh
The Clear Act: When The Wars On Terrorism And Immigration Collide, Maha M. Ayesh
Tennessee Journal of Law and Policy
In the summer of 2003, Representative Charles Norwood (GA) first introduced the controversial house bill titled the Clear Law Enforcement for Criminal Alien Removal Act (hereinafter "the CLEAR Act").' Though the original Act expired with the 108th Congress, Representative Norwood reintroduced the bill in the summer of 2005. The CLEAR Act was designed to address "the growing U.S. criminal alien crisis." In particular, the Act focuses on perceived inadequacies in the current system of enforcing immigration laws. It seeks to improve immigration enforcement by incorporating the help of state and local police in applying stricter penalties to those who violate …
Federalism Gone Far Astray From Policy And Constitutional Concerns: The Admissions Of Convictions To Impeach By State's Rules-1990-2004, Dannye W. Holley
Federalism Gone Far Astray From Policy And Constitutional Concerns: The Admissions Of Convictions To Impeach By State's Rules-1990-2004, Dannye W. Holley
Tennessee Journal of Law and Policy
This is a micro study of federalism in action. This study identifies, ranks, and evaluates the current federal and state rules regulating the same issue-whether to admit prior convictions to impeach a witness and the appropriate standards for doing so. Over the last several decades, there has been an almost unanimous chorus of criticism regarding the wholesale admission of convictions, ostensibly only to impeach, especially when prosecutors are authorized by an evidence rule to use convictions to impeach the testimony of an accused in a criminal case. Despite this criticism, this study, and a companion study of how state supreme …
Reclaiming The Public Forum: Courts Must Stand Firm Against Government Efforts To Displace Dissidence, Chris Ford
Reclaiming The Public Forum: Courts Must Stand Firm Against Government Efforts To Displace Dissidence, Chris Ford
Tennessee Journal of Law and Policy
As the twenty-first century gets underway, governmental authorities appear to be undertaking increasingly unfriendly measures against citizens who take to the streets to influence policymaking. In some jurisdictions, for example, courts have given authorities the green light to stifle speech by limiting access to public spaces. In one recent case involving the 2004 Republican National Convention in New York, a district court judge seemed more worried about the condition of the grass in Central Park than the right of the citizenry to gather in a public space and conduct a rally. Particularly in this age of globalized media outlets and …
Tjlp (2006) Volume 2 Number 2
Tennessee Journal of Law and Policy
No abstract provided.
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
Tennessee Journal of Law and Policy
On February 17, 2009, the Tennessee Supreme Court adopted a provisional rule to be used in child custody cases in all courts in the State of Tennessee.' The rule, Rule 40A, concerns the "Appointment of Guardians Ad Litem in Custody Proceedings" and dictates the appointment, role, powers, duties, rights, limitations, and costs of guardians ad litem in limited types of cases "including but not limited to divorce, paternity, domestic violence, contested adoptions, and contested private guardianship cases." Rule 40A is provisional in that it was passed with the intention of it lasting only a limited time while the mechanics of …
Is Parenting Authority A Usurpation Of Judicial Authority? Harmonizing Authority For, Benefits Of, And Limitations On This Legal-Psychological Hybrid, Joi T. Montiel
Tennessee Journal of Law and Policy
A "Parenting Coordinator" assists high-conflict parents in resolving disputes that arise in the parents' efforts to jointly parent their children after a divorce. The Parenting Coordinator simultaneously educates the parents to minimize the degree and frequency of future conflict. While Parenting Coordination is not mediation or arbitration, it is also not counseling. Instead, Parenting Coordination is a "legal-psychological hybrid."
Supplemental: In Re: Tennessee Supreme Court Rule 40a
Supplemental: In Re: Tennessee Supreme Court Rule 40a
Tennessee Journal of Law and Policy
No abstract provided.
You're Sending The Wrong Message: Sexual Favoritism And The Workplace, Paige I. Bernick
You're Sending The Wrong Message: Sexual Favoritism And The Workplace, Paige I. Bernick
Tennessee Journal of Law and Policy
On October 1, 2009, late-night host, David Letterman, admitted on the Late Night with David Letterman Show ("Late Night"), "I have had sex with women who work for me on this show." 2 Although the employees who engaged in the sexual affairs affirmed that the relationships were consensual, other Late Night staff members sustained indirect harm by their actions.
Fixing A Broken System: Reconciling State Foreclosure Law With Economic Realities, Yianni D. Lagos
Fixing A Broken System: Reconciling State Foreclosure Law With Economic Realities, Yianni D. Lagos
Tennessee Journal of Law and Policy
The housing crisis ignited a chain reaction of events that resulted in the U.S. economy cascading to the worst contraction since the Great Depression. In response, not only has the Federal Government proposed and implemented various legislation, but the financial industry has also joined in the effort to find a solution. However, large-scale mortgage restructurings already show signs of failing. These results should not be surprising, because general loan modifications suffer from the problems that created the housing crisis. Namely, mortgage originators did not examine whether the borrower could afford the monthly payments.
Federal Rules Of Evidence 413, 414, And 415: Fifteen Years Of Hindsight And Where The Law Should Go From Here, Bryan C. Hathorn
Federal Rules Of Evidence 413, 414, And 415: Fifteen Years Of Hindsight And Where The Law Should Go From Here, Bryan C. Hathorn
Tennessee Journal of Law and Policy
In 1995, Congress added three rules, which governed the admissibility of "prior sexual misconduct" in federal trials, to the Federal Rules of Evidence. The procedure by which Congress added the rules was outside of the normal procedure for the creation of federal rules, it was highly controversial, and it was done over the objections of the judicial conference. The controversy surrounding the rules produced a flurry of scholarship on the rules, which continued for about five years. After this initial period, the storm quieted with a reduced amount of scholarship on the subject. It is now fifteen years since the …
A Statistical Look At The Supreme Court's 2009 Team, John M. Scheb Ii, Colin Glennon, Hemant Sharma
A Statistical Look At The Supreme Court's 2009 Team, John M. Scheb Ii, Colin Glennon, Hemant Sharma
Tennessee Journal of Law and Policy
Whether a change in membership occurs or not, every Supreme Court term presents a unique set of controversies and decisions for legal scholars to examine. Herein, we offer a discussion of the Court's recently completed 2009-2010 term. Rather than analyzing specific opinions in detail (as many have already done), we generate a comprehensive statistical analysis of justice voting behavior for the term. In particular, we examine consensus and division on the Court, the ideological tenor of the term, voting alignments among the justices, the production of opinions, and the Court's overall ideological spectrum based on individual voting patterns. Ultimately, we …
Tjlp (2011) Volume 7 Number 1
Tennessee Journal of Law and Policy
No abstract provided.
Parasomnia Activity, Rashida Davis
Parasomnia Activity, Rashida Davis
Tennessee Journal of Law and Policy
Due to the lack of uniformity among trial courts, the Supreme Court of Tennessee granted an interlocutory appeal in Tennessee v. Scott to resolve a dispute regarding the admission of expert witness testimony. Traditionally, trial courts used a broad theme of "relevance and reliability" when considering expert testimony. The Court replaced that general theme with a four-prong test that included a "qualifications assessment, analytical cohesion, methodological reliability, and fundamental reliability.", The Court ruled that the trial court erred in excluding the expert witness testimony without this analysis.
The Scope Of The Economic Loss Doctrine In Tennessee, Kasey Washburn
The Scope Of The Economic Loss Doctrine In Tennessee, Kasey Washburn
Tennessee Journal of Law and Policy
In Lincoln General Insurance Co. v. Detroit Diesel Corp., the Tennessee Supreme Court ruled that Tennessee law does not allow recovery in tort for a defective product that causes damage only to itself, regardless of the manner in which the damage occurs. The United States District Court for the Middle District of Tennessee brought this issue before the Tennessee Supreme Court through a certified question of law. The district court sought to establish the scope of the economic loss doctrine under Tennessee law, focusing specifically on cases where the damage to the defective product resulted from a sudden, calamitous event.
Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson
Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson
Tennessee Journal of Law and Policy
In District Attorney's Office v. Osborne, the United States Supreme Court addressed the central issue of whether Respondent William Osborne should have a "freestanding and far-reaching constitutional right of access" to the State's deoxyribonucleic acid ("DNA") evidence for the purpose of post-conviction relief. Osborne asserted this constitutional right of access under the federal civil rights statute, 42 U.S.C. § 1983, rather than proceeding through a writ of habeas corpus under 28 U.S.C. § 2254. The United States District Court for the District of Alaska initially dismissed the respondent's claims, holding that an application for habeas corpus constituted the proper mechanism …
Crawford Means What It Says: The Birth Of The Melendez-Diaz Objection, Danielle Greer
Crawford Means What It Says: The Birth Of The Melendez-Diaz Objection, Danielle Greer
Tennessee Journal of Law and Policy
In Melendez-Diaz v. Massachusetts, with Justice Scalia writing the opinion, the Supreme Court considered the issue of whether affidavits reporting the results of forensic analysis connecting the defendant to an illegal substance are testimonial and therefore subject to the Confrontation Clause of the Sixth Amendment. The Court held in Pointer v. Texas that the Confrontation Clause applies to all criminal prosecutions. The statute derives its authority from the Fourteenth and the Sixth Amendments. This Clause ensures defendants the right to confront adverse witnesses. The Court's holding in Crawford v. Washington established the rule that testimonial statements are subject to the …
Intentionally Inflicted: The Baze Plurality Painfully "Executed" The Purpose Of The Eighth Amendment, Michelle Lynn Veronica Consiglio
Intentionally Inflicted: The Baze Plurality Painfully "Executed" The Purpose Of The Eighth Amendment, Michelle Lynn Veronica Consiglio
Tennessee Journal of Law and Policy
On April 16, 2008, the United States Supreme Court addressed the constitutionality of lethal injection as a method of execution. In its analysis, the Court recognized, as it had in prior cases, that the government's choice of a particular method of execution did not violate the Eighth Amendment's ban on cruel and unusual punishment. As a result, the Court upheld the constitutionality of lethal injection in Baze v. Rees, rendering a seven-to-two plurality decision.
Transcript: One Advocate's 'Junk Science' Is Another Advocate's Evidence: Forging New Paths In Forensic Science
Tennessee Journal of Law and Policy
No abstract provided.
A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum
A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum
Tennessee Journal of Law and Policy
For decades, aircraft pilots have been using preflight and approach-to-landing checklists rather than relying on their memory to ensure that everything has been done in its proper sequence. The use of this tool gives pilots the ability to fly their aircrafts safely and according to an established procedure. Similarly, most trial attorneys employ witness checklists during the in-court examination of their witnesses to ensure that all of the witnesses' evidence has been fully presented and their exhibits have been properly marked and received in evidence. It is the intent of this presentation to suggest the use of another evidentiary checklist …
Evolving Trends In Forensic Science, Margaret A. Berger
Evolving Trends In Forensic Science, Margaret A. Berger
Tennessee Journal of Law and Policy
This address will focus on the 2009 report ("the Report") of the National Academy of Science Research Council ("NRC"), which was commissioned by Congress to look at evolving trends in forensic science. Understanding what is happening in the forensic sciences is very complicated because of the wide variations that exist in different jurisdictions. There are federal laboratories, state or regional laboratories, county laboratories, and municipal laboratories. Almost all public crime laboratories examine controlled substances, and many examine firearms and tool marks. A majority of laboratories also screen biological samples, usually in preparation for DNA analysis, and examine forms of trace …
Tjlp (2010) Volume 6 Number 2
Tennessee Journal of Law and Policy
No abstract provided.