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Articles 1 - 30 of 288
Full-Text Articles in Law
The Graveyard Of Empires, Sadaf Folad
The Graveyard Of Empires, Sadaf Folad
Belmont University Research Symposium (BURS)
No abstract provided.
Why Are Post-Conflict Countries More Inequitable?, Claire Cole
Why Are Post-Conflict Countries More Inequitable?, Claire Cole
Belmont University Research Symposium (BURS)
Why is there continuing socio-economic inequity in post-conflict countries? Post-conflict governments are too weak to prosper and function cleanly, resorting to making deals with and allowing multinational corporations inside its system, resulting in governmental capture. Multinational corporations contribute to the disparity of wealth in post-conflict zones, often ignoring the community and partnering with the government. There is a question of whether Western and European countries actually have a humanitarian interest or self-interest in post-conflict countries. This research includes a comparative study that aims to show how foreign investment shifts during conflict, where each country scores on transparency and corruption; where …
Party Alignment On Gun Laws: Urban V.S. Rural, Roz Rozner
Party Alignment On Gun Laws: Urban V.S. Rural, Roz Rozner
Belmont University Research Symposium (BURS)
Mass shootings in the United States have led to debate about gun rights and increased division over the second amendment. Have parties’ positions on gun laws affected voter alignment? This study seeks to determine the effects of restrictive gun laws over time on party alignment within the United States. The urban rural divide in the United States has played a distinctive role in voter alignment on issues like restrictive gun laws. To evaluate this claim, this study uses the Pew Research Center and other opinion polls from the last twenty years to determine whether restrictive gun laws produce higher levels …
Hb277/Sb941: Sentencing Disparities In Tennessee, Theresa Collins, Sloane Crockett, Amani Devault-Smith, Maggie Ask, Natalie Schilling
Hb277/Sb941: Sentencing Disparities In Tennessee, Theresa Collins, Sloane Crockett, Amani Devault-Smith, Maggie Ask, Natalie Schilling
Belmont University Research Symposium (BURS)
No abstract provided.
House Bill 1316 & Senate Bill 0538: Paid Leave For Adoptive And Foster Parents, Lilia Zylstra, Caroline Shutley, Sydney Reyes, Evelyn Mankowski
House Bill 1316 & Senate Bill 0538: Paid Leave For Adoptive And Foster Parents, Lilia Zylstra, Caroline Shutley, Sydney Reyes, Evelyn Mankowski
Belmont University Research Symposium (BURS)
House Bill 1316 and its companion Senate Bill 0538 propose that employees of the state of Tennessee should be allotted up to 6 weeks paid leave if they become a foster parent to a minor or adopt a minor. To better understand HB 1316 and SB 0538 from a social work perspective, it is vital to examine how the proposed bill promotes the importance of human relationships, the dignity and worth of a person, and social justice—while also recognizing where the bill has room for growth. This study of HB1316 will provide an in-depth analysis of the bill from a …
Medicaid Expansion Expectations, Deborah Farringer
Medicaid Expansion Expectations, Deborah Farringer
Law Faculty Scholarship
Although financial stability in rural hospitals has been a relatively long-standing national problem, in the last decade, hospital closures and the incidence of highly distressed hospitals in rural areas have disproportionately impacted certain states. States that have not expanded their Medicaid programs under the Affordable Care Act, which implemented a program to extend additional federal support to cover adults living below 138% of the federal poverty line (referred to herein as “Medicaid Expansion”), are bearing the brunt of this crisis. Although the reason for hospital closures is multi-faceted and complex, health policy experts have consistently identified the lack of Medicaid …
Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson
Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson
Honors Scholars Collaborative Projects
Suffrage movements make use of various social and political factors to pressure their governments to expand the scope of voting rights. Using McAdam’s political process model, I will analyze how disenfranchised groups’ use of nonviolent demonstration, appeals to international pressure, and appeals to religion, affects their success. This will also highlight patterns that emerge when groups are willing to instigate violence in pursuit of their goals. Most studies examine these variables in the context of the pursuit of independence or revolution, whereas this study focuses on groups wishing to remain within a system given their desired reforms. I will analyze …
Elucidation Strategies: A Case Study Of The U.S Supreme Court, Gordon Carroll
Elucidation Strategies: A Case Study Of The U.S Supreme Court, Gordon Carroll
Belmont University Research Symposium (BURS)
The research encompassed a study on the consistency in judicial interpretations and factors that influenced U.S. Supreme Court decisions. To do this, the study explored literature and theoretical perspectives relating to judicial interpretations and decisions. The target population entailed officers in the Office of the Solicitor General for their experience in Court rulings. Interviews were conducted among ten respondents, with data collected, coded, and analyzed. The study results were then presented, discussed, and conclusions derived from them. Generally, the study found serious inconsistencies in interpretations not only between justices but also in almost similar cases. Decisions by justices were conflicting …
Ai For Retrospective Review, Catherine M. Sharkey
Ai For Retrospective Review, Catherine M. Sharkey
Belmont Law Review
No abstract provided.
Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre
Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre
Belmont Law Review
No abstract provided.
Constitutional Limits On Administrative Agencies In Cyberspace, Jon M. Garon
Constitutional Limits On Administrative Agencies In Cyberspace, Jon M. Garon
Belmont Law Review
No abstract provided.
Contemporary Issues In Administrative Law, Steve Darnell, Kristin Husat, Sue Sheldon
Contemporary Issues In Administrative Law, Steve Darnell, Kristin Husat, Sue Sheldon
Belmont Law Review
No abstract provided.
Pandemic, Politics, Public Health , And The Fda, Jordan Paradise, Becky Bavlsik
Pandemic, Politics, Public Health , And The Fda, Jordan Paradise, Becky Bavlsik
Belmont Law Review
No abstract provided.
Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield
Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield
Belmont Law Review
No abstract provided.
Administrative Law Symposium Debate, Akram Faizer, Stewart Harris
Administrative Law Symposium Debate, Akram Faizer, Stewart Harris
Belmont Law Review
No abstract provided.
The Roberts Court's Theory Of Agency Accountability: A Step In The Wrong Direction, Howard Schweber
The Roberts Court's Theory Of Agency Accountability: A Step In The Wrong Direction, Howard Schweber
Belmont Law Review
No abstract provided.
Death Penalty Exceptionalism And Administrative Law, Corinna B. Lain
Death Penalty Exceptionalism And Administrative Law, Corinna B. Lain
Belmont Law Review
No abstract provided.
Orwell's 1984 "Big Brother" Concept And The Government Use Of Facial Recognition Technology: A Call To Action For Regulation To Protect Privacy Rights, Tate Ducker
Belmont Law Review
No abstract provided.
Hands Off My Timbs: An Overview Of The Methods And Misuses Of Civil Forfeiture As A Tool Of Law Enforcement, Nathaniel Sherman
Hands Off My Timbs: An Overview Of The Methods And Misuses Of Civil Forfeiture As A Tool Of Law Enforcement, Nathaniel Sherman
Belmont Law Review
No abstract provided.
A Literary Analysis Of The Origin Of Human Embryonic Stem Cells, Its Advancements, Philosophical, Ethical, Sociocultural, And Political Aspects; An Investigation Of The Underlying Attributes That Affect One’S Views On Hesc Research To Resolve Turkey And Brazil’S Hesc Policy, Religious, And Cultural Conflicts, Haleema Shamsuddin
Honors Scholars Collaborative Projects
Human embryonic stem cells (hESCs) are cells derived from 5-day human embryos and are self-renewing cell lines that change into any type of cell in the body, a trait called pluripotency. hESCs have almost unlimited clinical and medical research potential. Despite the great therapeutic promise of hESC research, it comes with a controversial ethical debate due to its involvement with the destruction of the human embryo. The central argument revolves around the question of whether or not these human embryos should be ascribed equal moral status to fully developed humans. This thesis aims to analyze the origin and advancements of …
The Supreme Court's Worst Decision In Recent Years--Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
The Supreme Court's Worst Decision In Recent Years--Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
Law Faculty Scholarship
The United States Supreme Court decision of Garcetti v. Ceballos deserves its rightful place in the Court’s hall of shame. In Garcetti, the Court issued a decision that serves as a Dred Scott-type ruling for public employees, diminishing their free speech rights to an unacceptable level. The Court created a categorical rule that public employees have no free speech rights when engaged in official, job-related speech.
Under Garcetti, it does not matter how valuable an employee’s speech is, how much corruption that speech exposes, or whether the speech informs the public regarding an important issue. Instead, the five-justice majority focused …
The Art Of The Matter: A Linguistic Analysis Of Public Art Policy In Confederate Monument Removal Case Law, Kristi Arth
The Art Of The Matter: A Linguistic Analysis Of Public Art Policy In Confederate Monument Removal Case Law, Kristi Arth
Law Faculty Scholarship
In the wake of such tragedies as the Charleston, South Carolina mass shooting, the deadly Unite the Right Rally, and the death of George Floyd, various communities have engaged in efforts to remove Confederate monuments from public spaces. These removal efforts frequently result in litigation focused on ownership rights, government speech, and other claims. This article asks what responsibility the judiciary and litigants have to acknowledge that Confederate monuments—for better or for worse—are creations of public art.
Whether the monuments stay or go at the end of a given lawsuit, the outcome affects the public art policy of the subject …
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson Jr.
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson Jr.
Law Faculty Scholarship
The fighting words doctrine is alive and well in the lower courts. The first part of this article briefly explains how the fighting words doctrine has fared in the U.S. Supreme Court. These results would seem to indicate that it would be rare indeed for a defendant’s words to fall under the fighting words exception. That is not always the case. The next part of this article provides a sampling of decisions in which lower courts have rejected First Amendment-based defenses to disorderly conduct, breach of the peace, or similar charges based on the fighting words doctrine. The final part …
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Law Faculty Scholarship
An article about Ida B. Wells (1862-1931), a journalist who campaigned tirelessly against the horror of lynching, advocated for suffrage rights for women, exposed injustices, and battled against segregation laws.
Unsettled Questions In Student Speech Law, David L. Hudson Jr.
Unsettled Questions In Student Speech Law, David L. Hudson Jr.
Law Faculty Scholarship
More than fifty years ago, the U.S. Supreme Court famously proclaimed in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” In subsequent decades, the Supreme Court reduced the level of free-speech protections for public school students, but Tinker is still the lodestar decision.
There remain several areas of uncertainty regarding the scope of student (K–12) First Amendment rights. This Article addresses three of those main areas: (1) whether a student’s speech can be limited by the unruly behavior …
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Law Faculty Scholarship
Defamation cases often arise out of intemperate or offensive statements made in political campaigns. These comments may refer to a candidate’s criminal history, familial conduct, or other matters. Whatever the subject, emotions undoubtedly run high during hotly contested campaigns. However, First Amendment protection is at its zenith when speakers engage in political speech, and speech about political candidates is inherently political speech. Thus, defamation suits arising out of political campaigns face significant hurdles, including (1) anti-SLAPP statutes and a greater public awareness of SLAPP suits; (2) a history and tradition of mudslinging and enhanced protection of political speech during political …
Essay: Cyberbullying And Freedom Of Speech, David L. Hudson Jr.
Essay: Cyberbullying And Freedom Of Speech, David L. Hudson Jr.
Law Faculty Scholarship
Part I of this essay examines state cyberbullying laws. These laws vary a lot in terms of language and coverage but this part attempts to group these different state laws into different categories. This section categorizes cyberbullying laws into two main categories—(1) those that treat cyberbullying as a crime and (2) those that address cyberbullying as a violation of a school’s code of conduct. Part II of this essay then addresses court decisions that deal with cyberbullying. Once again, this essay examines the topic from both the perspective of (1) criminal law decisions and (2) school law decisions.
Essay: Understanding First Amendment Freedoms Through The Remarkable Life Of "The Greatest" --Muhammad Ali, David L. Hudson Jr.
Essay: Understanding First Amendment Freedoms Through The Remarkable Life Of "The Greatest" --Muhammad Ali, David L. Hudson Jr.
Law Faculty Scholarship
Muhammad Ali represents much more than a great sports figure and one of the greatest fighters of all time.He is also the epitome of the citizen protected by the First Amendment– a man who paid dearly for his religious convictions and provocative speech, but found a defense in the amendment’s forty-five words. An examination of First Amendment freedoms through the prism of Ali can teach us much about the fragility of the amendment but also the strength that we all can find in it. The First Amendment provides: “Congress shall make no law respecting an establishment of religion or prohibiting …
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Belmont Law Review
No abstract provided.
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Belmont Law Review
No abstract provided.