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Articles 1 - 16 of 16
Full-Text Articles in Law
An Appeal For Change: Eliminating The Second Bite At The Apple In Tennessee Juvenile Cases, April Meldrum, Laura Hash
An Appeal For Change: Eliminating The Second Bite At The Apple In Tennessee Juvenile Cases, April Meldrum, Laura Hash
Tennessee Journal of Race, Gender, & Social Justice
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 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.
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 …
Radical Discrimination In The Death Penalty In Tennessee: An Empirical Assessment, John M. Scheb Ii, Kristin A. Wagers
Radical Discrimination In The Death Penalty In Tennessee: An Empirical Assessment, John M. Scheb Ii, Kristin A. Wagers
Tennessee Journal of Law and Policy
The intense media coverage of the United States Supreme Court's recent decisions in Baze v. Rees' and Kennedy v. Louisiana highlights the ongoing saliency of the death penalty in American politics. In this article, we use empirical evidence to shed light on this controversy. Our analysis utilizes data from 1,068 first-degree murder convictions rendered in Tennessee between 1977 and 2007. The questions animating our research are: 1) What factors led prosecutors to seek the death penalty? and 2) What factors led juries to impose it? In particular, we are interested in the role that race plays in these decisions. Does …
Southern Injustice And Radical Discontent: The Black Panther Party In The Post-Civil Rights South, Adam Nolan
Southern Injustice And Radical Discontent: The Black Panther Party In The Post-Civil Rights South, Adam Nolan
History Undergraduate Theses
This paper looks at the efforts, obstacles, and outcomes of attempts to organize Black Panther Party chapters in four southern states – Georgia, Kentucky, Tennessee, and Texas - using a variety of sources, including the The Black Panther and Southern Patriot newspapers. Organized in 1966, the BPP mobilized against police brutality and injustices inflicted upon African Americans throughout American history. While successfully establishing various popular community survival programs to help uplift local communities, the BPP’s revolutionary rhetoric and imagery instantly attracted state-sponsored repression that exacted a heavy toll on the organization on local and national levels.
Tennessee's Legal Strategy, Michael Moore
Tennessee's Legal Strategy, Michael Moore
Tennessee Journal of Law and Policy
Michael Moore is the Tennessee Solicitor General.
Reforming Tennessee's Rules Of Appellate Procedure: Separate Notices Of Appeal...Or Not?, Robert F. Parsley, Travis R. Mcdonough, Marcia M. Eason
Reforming Tennessee's Rules Of Appellate Procedure: Separate Notices Of Appeal...Or Not?, Robert F. Parsley, Travis R. Mcdonough, Marcia M. Eason
Belmont Law Review
When it comes to the filing of separate notices of appeal, Tennessee’s Rules of Appellate Procedure contain an internal inconsistency. This inconsistency, which has yielded two conflicting and incompatible lines of judicial interpretation, undermines the coherence of Tennessee appellate procedure and poses unfairly contradictory outcomes for similarly situated appellants. To resolve this inconsistency, Tennessee’s Rules of Appellate Procedure should be reformed.
Medicaid Expansion By Any Other Name: Exploring The Feasibility Of Expanded Access To Care In The Wake Of Nfib V. Sebelius, Michele Johnson, Kristin Ware
Medicaid Expansion By Any Other Name: Exploring The Feasibility Of Expanded Access To Care In The Wake Of Nfib V. Sebelius, Michele Johnson, Kristin Ware
Belmont Law Review
This Article will examine aspects of the Tennessee Plan for Medicaid coverage in order to make the argument that Tennessee must either accept the Medicaid expansion as codified in the Affordable Care Act, or make modifications to the Tennessee Plan that better comport with the federal waiver program, the central goals of Medicaid, the United States Constitution, and the spirit of cooperative federalism.
"Made-Whole" Made Fair: A Proposal To Modify Subrogation In Tennessee Tort Actions, John A. Day
"Made-Whole" Made Fair: A Proposal To Modify Subrogation In Tennessee Tort Actions, John A. Day
Belmont Law Review
This Article proposes the adoption of the “Modified Made-Whole Doctrine Proposal." Part I begins by explaining the roots of the law of subrogation rights and its current jurisprudential inconsistencies. It also explores the relationship between such subrogation rights and the made-whole doctrine in the context of Tennessee tort law as well as how this doctrine would be applied in Tennessee today. Part II briefly outlines some of the general questions regarding Tennessee’s current application of the made-whole doctrine, particularly the unresolved issues surrounding the impact of comparative fault on subrogation rights. These are questions which the author’s suggested Proposal is …
Tennessee’S Unique Religious Protections In Employment: Do They Mean What They Say?, Waverly D. Crenshaw Jr., Brian A. Pierce
Tennessee’S Unique Religious Protections In Employment: Do They Mean What They Say?, Waverly D. Crenshaw Jr., Brian A. Pierce
Belmont Law Review
Tennessee has a long history of strongly held and diverse religious beliefs and practices. Equally firmly established is its “at-will” employment rule that allows businesses to create and control their workforces to maximize operations and profits to the benefit of employers and employees. When an employee’s religious beliefs conflict with his obligations to his employer, state and federal laws resolve the tension. Employees who experience this tension and feel they have been discriminated against based on their religion generally have the choice to bring their claims of discrimination under federal law, state law, or both. Because claims under federal law …
Judicial Panel: Tennessee Legal Reform From A Judicial Standpoint, Cornelia A. Clark, Martha Craig Daughtrey, William C. Koch Jr.
Judicial Panel: Tennessee Legal Reform From A Judicial Standpoint, Cornelia A. Clark, Martha Craig Daughtrey, William C. Koch Jr.
Belmont Law Review
A transcript of the judicial panel discussion held at the Belmont University College of Law Symposium, "Tennessee Legal Reform."
Judicial Selection In Tennessee: Deciding “The Decider”, Margaret L. Behm, Candi Henry
Judicial Selection In Tennessee: Deciding “The Decider”, Margaret L. Behm, Candi Henry
Belmont Law Review
This article includes an overview of judicial selection in Tennessee, as well as providing the author's personal perspectives on the subject. The quality of judges and the manner of selecting them matters; this is a basic premise underpinning the rule of law in the United States. From the inception of the United States’ democratic system, the judiciary’s Damoclean Sword has been the threat of subrogation at the hands of the Legislature, and perhaps the easiest way to rattle the sword has been to legislatively interfere with judicial selection — whether by changing the manner of appointment or by simply refusing …
The Future Of Ediscovery In Tennessee, Roe Frazer, Marc Jenkins
The Future Of Ediscovery In Tennessee, Roe Frazer, Marc Jenkins
Belmont Law Review
This Article begins by outlining changes in the modern digital world through an examination of essential laws of computing unfamiliar to most lawyers but crucial to an understanding of the changing landscape of technology and its projected impact on modern society. Part II then applies these principles to the practice of law in the context of electronic discovery, pointing to the challenges posed under the current Rules of Civil Procedure, an ever-increasing overabundance of discoverable data, and the inadequacy of existing technology and processes possessed by the typical lawyer to deal with these challenges. Finally, Part III of this Article …
Sex Trafficking Laws In East Tennessee, Cheryl Page
Sex Trafficking Laws In East Tennessee, Cheryl Page
Journal Publications
There was a time in U.S. history when opponents of the trans-Atlantic slave trade had to convince the watching world that slavery was horrid and against the laws of humanity. Today, modern-day abolitionists are attempting to make a sleeping world aware that slavery still exists. There are approximately 27 million people currently enslaved in the world today. It is a problem that our own community cannot ignore, because slavery exists in East Tennessee and is thriving. Slavery in East Tennessee takes the form of sex trafficking, in which women and children are bought and sold as property for the sexual …
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Transactions: The Tennessee Journal of Business Law
In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman …