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Full-Text Articles in Law
Strengthening Our Cities, Raumesh Akbari
Strengthening Our Cities, Raumesh Akbari
Belmont Law Review
Belmont Law Review Symposium Presentation: Representative Raumesh Akbari, Strengthening Our Cities. October 7, 2016
Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean
Regionalism Panel Discussion, Jon Cooper, Ralph Schulz, Michael Skipper, Karl Dean
Belmont Law Review
Regionalism Panel Discussion Featuring: Mr. Jon Cooper, Mr. Ralph Schulz, and Mr. Michael Skipper. Moderated by Mayor Karl Dean. October 7, 2016
Judicial Perspectives Series, Roger A. Page
Judicial Perspectives Series, Roger A. Page
Belmont Law Review
A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.
Gestational Surrogacy Contracts In Tennessee: Freedom Of Contract Concerns & Feminist Principles In The Balance, Jennifer S. White
Gestational Surrogacy Contracts In Tennessee: Freedom Of Contract Concerns & Feminist Principles In The Balance, Jennifer S. White
Belmont Law Review
Drawing upon feminist theory and principles of freedom of contract, this Note proposes a new statutory framework for addressing surrogacy in the state of Tennessee. Part I provides a balanced discussion of why couples choose surrogacy as well as varying types of surrogacy available to individuals. Part II explores the judicial and legislative responses toward surrogacy contracts in the United States and discusses significant surrogacy litigation that continues to shape the public policy arguments surrounding this issue. Part III provides background on Tennessee’s approach to the right to privacy as well as recent surrogacy case law and legislation. Part IV …
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 …