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Full-Text Articles in Law

Medicaid Expansion Expectations, Deborah Farringer Sep 2022

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 Apr 2022

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 Apr 2022

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 …


Pandemic, Politics, Public Health , And The Fda, Jordan Paradise, Becky Bavlsik Apr 2021

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 Apr 2021

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 Apr 2021

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 Apr 2021

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 Apr 2021

Death Penalty Exceptionalism And Administrative Law, Corinna B. Lain

Belmont Law Review

No abstract provided.


Ai For Retrospective Review, Catherine M. Sharkey Apr 2021

Ai For Retrospective Review, Catherine M. Sharkey

Belmont Law Review

No abstract provided.


Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre Apr 2021

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 Apr 2021

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 Apr 2021

Contemporary Issues In Administrative Law, Steve Darnell, Kristin Husat, Sue Sheldon

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 Apr 2021

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 Apr 2021

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 Apr 2021

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. Apr 2021

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 Mar 2021

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. Jan 2021

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. Sep 2020

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. Jul 2020

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. May 2020

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. May 2020

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. May 2020

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 …


Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States, Bradford C. Mank Apr 2020

Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States, Bradford C. Mank

Belmont Law Review

No abstract provided.


"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart Apr 2020

"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart

Belmont Law Review

No abstract provided.


Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor Apr 2020

Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor

Belmont Law Review

No abstract provided.


Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy Apr 2020

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Belmont Law Review

No abstract provided.


Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie Apr 2020

Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie

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 Apr 2020

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.


Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime Apr 2020

Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime

Belmont Law Review

No abstract provided.