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Articles 121 - 150 of 313
Full-Text Articles in Law
Private School Vouchers And The Failed Promise Of Osmosis, Margareth Etienne
Private School Vouchers And The Failed Promise Of Osmosis, Margareth Etienne
Belmont Law Review
Over the years, advocates for education reform have championed a range of strategies including accountability through high-stakes testing, incentives for students, teachers, small class sizes, parental involvement, school uniforms, technology in classrooms, extending the school year, curricular change, and so on. One recurring and consistent argument for school improvement and student achievement has been that students of lesser means do better in mixed settings or when grouped with students of higher means. This idea, that the rising tide lifts all boats, has been at the core, or at least figured as a central argument, in several social movements in education …
The Problem Of Intradistrict Inequality, Kristen E. Murray
The Problem Of Intradistrict Inequality, Kristen E. Murray
Belmont Law Review
American elementary and secondary school students have dramatically different educational experiences depending on the school in which they are enrolled. This raises an important question: where should we look to determine where any inequalities might lie? This Article discusses five different factors that contribute to inequalities within school districts. Part I addresses each of these in turn: school segregation; resource inequalities; gaps in private fundraising; school district secession; and the limitations of school choice. Taken together, these factors suggest that intradistrict inequalities create a complicated and difficult problem to solve. It is therefore imperative that if we are going to …
Oral Argument: Transformation, Troubles, And Trends, Marshall L. Davidson Iii
Oral Argument: Transformation, Troubles, And Trends, Marshall L. Davidson Iii
Belmont Law Review
This article explores the dynamic transformation of oral argument from early in American history, its markedly changed significance relative to briefs, and where trends and innovative ideas, including some recently taking root in Tennessee, may take this enduring tradition in the future. To understand the transformation of oral argument and contemporary attitudes about it, one must be familiar with its origins and the crucial role it played in the decision-making process in England and in the formative years of the United States.
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford
Belmont Law Review
Part I highlights the inadequacies and inefficiencies of our Medicare payment system, focusing on the initiatives currently in place and the susceptibilities that persist. Part II offers a broad overview of the development, importance, features, and collateral technologies surrounding blockchain. Part III posits that Congress and HHS, through its various subsidiary agencies, should work in tandem with private stakeholders to create and/or implement a blockchain-based infrastructure to facilitate federal healthcare payments and support future growth of quality-based initiatives. This Note concludes with a recommendation for future agency research focusing on the viability and cost efficiency of a blockchain solution.
Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon
Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon
Belmont Law Review
While several court rulings have recognized parental rights over education to varying degrees, the emergence of a common public school agenda has led to an increasing establishment of barriers limiting opportunities for parents to exercise their rights and control over the upbringing of their children via school choice initiatives. Parental rights and the exercise of choice are further complicated and restricted for parents of students with disabilities. Although the right to an education is protected under the Individuals with Disabilities in Education Act (IDEA), parental choice is recast as parental participation in the educational decisions affecting children with disabilities. In …
Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez
Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez
Belmont Law Review
In the essay, the authors examine the permissibility of student speech zones under the First Amendment. Related to this discussion, the essay also considers recent state legislative efforts to prohibit public colleges and universities from enforcing such campus speech zones. The authors are supportive of legislative measures related to speech zones, but several provisions in proposed state laws and model legislation go beyond this issue and would potentially undercut student free speech rights and unduly interfere with institutional autonomy to manage and respond to issues involving speech and expression on campus. Instead, legislators should exercise restraint when it comes to …
Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein
Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein
Belmont Law Review
This Note examines a variety of factors common to existing state regulatory systems to identify the best ways to regulate the distribution of medical cannabis. These factors include: (1) the number and type of qualifying medical conditions, (2) patient access to medical cannabis through personal cultivation and dispensaries, (3) privileged health care professionals and recommendations of medical cannabis to patients, and (4) patient registration requirements and state reciprocity. In analyzing each factor, this Note discusses existing state systems that excel in relation to each factor and existing state systems that perform poorly in relation to each factor. Finally, this Note …
#Iceoffourcampus: The Liability And Responsibility Of Colleges And Universities For The Educational Attainment Of Dreamers, David H.K. Nguyen
#Iceoffourcampus: The Liability And Responsibility Of Colleges And Universities For The Educational Attainment Of Dreamers, David H.K. Nguyen
Belmont Law Review
This law review article will: (1) examine the current state of affairs in educational attainment of undocumented students, (2) examine the federal and state policies that impact higher education access to undocumented students, including, but not limited to, state legislation, state action, institutional policies, and federal executive orders, and (3) provide a history of the sanctuary movement, an examination of various campus sanctuary policies, and an analysis of the legality of this debate. By understanding this policy maze and the lack of federal intervention for comprehensive immigration reform, this background forms the foundation to examine the liability and responsibility of …
It Is A Mindboggling Dilemma: To Play Or Not To Play Youth Sports Due To Concussion Risks?, Tracey Carter
It Is A Mindboggling Dilemma: To Play Or Not To Play Youth Sports Due To Concussion Risks?, Tracey Carter
Law Faculty Scholarship
Concussions and their long term effects resulting from football collisions have recently entered the forefront of social debate. Movies like Concussion as well as high-profile lawsuits due to post-concussion health effects have casted a spotlight on brain injuries at the collegiate and professional level. However, this debate has equal application in youth sports—recent studies show that sports-related concussions at the elementary, middle, and high school levels are equally concerning. Youth sports are safer when fewer athletes suffer from sports-related concussions. But litigation is not the best avenue to make youth sports safer. Youth sports can be improved by: 1) primary …
The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?, Deborah R. Farringer
The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?, Deborah R. Farringer
Law Faculty Scholarship
Since the advent of the movement toward the use of electronic medical records, an axiom in the promotion of electronic health records (EHRs) has been the idea that the use of EHRs will reduce medical errors. Certainly, there are countless examples of how technology can improve the health care experience and aid providers in reducing medical errors, including errors of medication administration, medication management, access to decision support tools, telemedicine, immediate access to diagnostic tests and other clinical information and treatment results—just to name a few. Even with such improvements, however, EHRs have not entirely eliminated medical errors and new …
From Guns That Do Not Shoot To Foreign Staplers: Has The Supreme Court's Materiality Standard Under Escobar Provided Clarity For The Health Care Industry About Fraud Under The False Claims Act?, Deborah R. Farringer
From Guns That Do Not Shoot To Foreign Staplers: Has The Supreme Court's Materiality Standard Under Escobar Provided Clarity For The Health Care Industry About Fraud Under The False Claims Act?, Deborah R. Farringer
Law Faculty Scholarship
As federal district courts and courts of appeals attempt to apply the Supreme Court’s dictates in Universal Health Services, Inc. v. U.S. ex rel. Escobar, it is necessary to ask whether the Court succeeded in easing the complexity of this aspect of the Federal Claims Act (FCA). Have lower courts been able to consistently apply the new standards to assess materiality? Or, has the opinion, which arguably both broadened and narrowed application of the implied false certificate theory and when liability might attach, further muddied the waters for courts and parties attempting to determine whether behavior is of the sort …
Law Schools, Bar Passage, And Under And Over-Performing Expectations, Jeffrey S. Kinsler, Jeffrey Omar Usman
Law Schools, Bar Passage, And Under And Over-Performing Expectations, Jeffrey S. Kinsler, Jeffrey Omar Usman
Law Faculty Scholarship
The focus of this article is to build a foundation for exploring whether there is a meaningful solution to help address the bar passage problem that can be found looking to the legal education programs of law schools that are particularly successful in preparing students to pass the bar exam. To accomplish this aim, a critical and essential step is to begin to identify the law schools that are adding the most in terms of assisting their students to pass the bar exam. That first critical step is the step taken by this article. A common-sense assumption, which finds support …
Losing The Spirit Of Tinker V. Des Moines And The Urgent Need To Protect Student Speech, David L. Hudson Jr.
Losing The Spirit Of Tinker V. Des Moines And The Urgent Need To Protect Student Speech, David L. Hudson Jr.
Law Faculty Scholarship
This essay first examines the Tinker case and reminds readers of the powerful language Justice Fortas used in his majority opinion. It explains that the test from Tinker was designed to be a speech-protective standard for student litigants. The second part of the essay evaluates several recent cases, which demonstrate that the once speech-protective standard in Tinker has become a test that is often favorable and deferential to school officials embroiled in student, free-speech controversies.
Attorney Advertising In 'The Litigators' And Modern-Day America: The Continued Importance Of The Public's Need For Legal Information, David L. Hudson Jr.
Attorney Advertising In 'The Litigators' And Modern-Day America: The Continued Importance Of The Public's Need For Legal Information, David L. Hudson Jr.
Law Faculty Scholarship
This Essay addresses the phenomenon of attorney advertising from several vantage points. Part II of the Essay addresses how best-selling author John Grisham depicts attorney advertising in his great book The Litigators. Part III discusses the legal framework of how the U.S. Supreme Court protected attorney advertising as a form of protected commercial speech. Part IV addresses how the states and bar regulators have treated attorney advertising. Finally, Part V addresses the recent Association of Professional Responsibility Lawyers Report and the American Bar Association’s proposed changes to the ABA Model Rules of Professional Conduct regarding attorney advertising. Part V briefly …
Thirty Years Of Hazelwood And Its Spread To Colleges And University Campuses, David L. Hudson Jr.
Thirty Years Of Hazelwood And Its Spread To Colleges And University Campuses, David L. Hudson Jr.
Law Faculty Scholarship
This Article first examines K-12 student speech law before Hazelwood School District v. Kuhlmeier and then discusses the Hazelwood decision. Next, the article focuses on the spread of Hazelwood and its deferential standard to the college and university level. This section examines cases from five different areas where the standard has been utilized with increasing frequency. Finally, the Article offers a few concluding thoughts on the Hazelwood standard and why it should be limited, if not interred.
First Amendment Tests From The Burger Court: Will They Be Flipped?, David L. Hudson Jr.
First Amendment Tests From The Burger Court: Will They Be Flipped?, David L. Hudson Jr.
Law Faculty Scholarship
This article provides an overview of the Lemon test, Miller test, and the Central Hudson test, assessing how they fared in subsequent years, and offers thoughts on their continuing vitality.
Essay: Justice Thurgood Marshall, Great Defender Of First Amendment Free-Speech Rights For The Powerless, David L. Hudson Jr.
Essay: Justice Thurgood Marshall, Great Defender Of First Amendment Free-Speech Rights For The Powerless, David L. Hudson Jr.
Law Faculty Scholarship
This essay explains that Justice Thurgood Marshall’s passionate defense of freedom of expression can be seen most clearly in his defense of free-speech rights even when the government acts not as sovereign, but as warden, employer, or educator. In other words, Marshall’s commitment to free-speech is shown most forcefully by how he consistently protected the free-expression rights of inmates, public employees, and public school students.
Presidential Powers, Immunities, And Pardons, Alberto R. Gonzales
Presidential Powers, Immunities, And Pardons, Alberto R. Gonzales
Law Faculty Scholarship
This Article intends to clarify some of the more difficult legal issues in our nation’s separation of powers jurisprudence. In order to afford the President the flexibility and discretion necessary to discharge presidential duties, the courts are almost certainly going to recognize total immunity from the criminal process for the President with respect to official conduct. The treatment of unofficial conduct is less predictable. Based on precedent and our nation’s founding principles of equal justice and fairness, the courts are likely to hold that a sitting President is not above the law and thus does not enjoy immunity from criminal …
Prosecuting And Defending Campus Assaults: Practitioners' Perspectives, Victor (Torry) S. Johnson, Richard Mcgee
Prosecuting And Defending Campus Assaults: Practitioners' Perspectives, Victor (Torry) S. Johnson, Richard Mcgee
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Victor S. (Torry) Johnson former District Attorney General for Davidson County and current Visiting Professor of Law at Belmont University College of Law and Richard McGee a criminal defense lawyer in Nashville, Tennessee in the Public Defender’s Office giving a practitioner's perspective on prosecuting and defending campus assaults.
Title Ix From A Coordinator's Perspective, Kathy Hargis, Stephanie Roth
Title Ix From A Coordinator's Perspective, Kathy Hargis, Stephanie Roth
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Title IX Coordinators Kathy Hargis and Stephanie Roth giving a sense of what exactly Title IX provides for and what the scope of Title IX is.
Title Ix Policy Changes From An Administrative Law Perspective, Amy Moore
Title Ix Policy Changes From An Administrative Law Perspective, Amy Moore
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Amy Moore looking at administrative law for a better handle on how to treat all of the documents that come along with Title IX, that interpret the pieces. There are a lot of pieces of Title IX, and a lot of different types of documents, but this presentation focuses on the sexual harassment guidance documents.
Police-Worn Body Cameras: An Antidote To The 'Ferguson Effect'?, Alberto R. Gonzales, Donald Q. Cochran
Police-Worn Body Cameras: An Antidote To The 'Ferguson Effect'?, Alberto R. Gonzales, Donald Q. Cochran
Law Faculty Scholarship
You are a police officer working the night shift in a major U.S. city. In the dark hours of the early morning, you come across a group of young males in a part of the city known for criminal activity. When they see your patrol car, the young men stop what they are doing and look away quickly. All of your training, as well as the instincts that you have developed over years patrolling these same streets, tells you to stop and at least attempt to start a conversation with the group to determine whether criminal activity is afoot and …
Challenges Of Multi-State Series And Framework For Judicial Analysis, Alberto R. Gonzales, J. Leigh Griffith
Challenges Of Multi-State Series And Framework For Judicial Analysis, Alberto R. Gonzales, J. Leigh Griffith
Law Faculty Scholarship
A variation of the common limited liability company (LLC) represents the newest form of entity enterprise on the business scene today. This is the Series Limited Liability Company (Series LLC). Under a Series LLC, the single LLC may establish and contain within itself separate series or cells. These cells or series are referred to by the Drafting Committee for the Limited Liability Company Protected Series Act of the National Conference of Commissioners on Uniform State Laws (NCCUSL) as “Protected Series.” Each such separate Protected Series is treated as an enterprise separate from each other and from the Series LLC itself. …
Series Llcs Part 2 - Current Status, Multi-State Issues And Potential Uniform Limited Liability Company Protected Series Act, Alberto R. Gonzales, J. Leigh Griffith
Series Llcs Part 2 - Current Status, Multi-State Issues And Potential Uniform Limited Liability Company Protected Series Act, Alberto R. Gonzales, J. Leigh Griffith
Law Faculty Scholarship
Part two of a two part article discussing the existing impediments to greater use of Series LLCs including taxation, bankruptcy, the Uniform Commercial Code and issues concerning multi-state activities and how these matters are being addressed by the National Conference of Commissioners on Uniform State Laws (NCCUSL).
Fraud And Abuse Panel, Ellen Bowden Mcintyre, Patsy Powers, Brian Roark, Daniel Patten
Fraud And Abuse Panel, Ellen Bowden Mcintyre, Patsy Powers, Brian Roark, Daniel Patten
Belmont Health Law Journal
A panel discussion on some concerns that we have about value based reimbursement structures. The panel today consists of two private practice attorneys and one government attorney. We have litigators and regulatory attorneys, so a good mix of attorneys across the spectrum.
What's Next?, Jim Cooper
What's Next?, Jim Cooper
Belmont Health Law Journal
This is the way I see the progression of recent American history. Unfortunately, the South was always a bastion of fee-for-service care; it still largely is. Managed care has largely failed us because it was largely managing costs, not care, in the ‘80s and ‘90s. Providers talk about value-based care, and “better” is better, but “better” is very hard to define. This field is very trendy right now. I’m a big advocate for pay-for-performance, but you have to be able to measure performance. So, what’s next? The bottom line is that “better” is still way too expensive. Health costs are …
Industries Perspective On Healthcare: Delivery In An Uncertain Policy Future, Dick Cowart, Darin Gordon, Michael Regier, Debbie Farringer
Industries Perspective On Healthcare: Delivery In An Uncertain Policy Future, Dick Cowart, Darin Gordon, Michael Regier, Debbie Farringer
Belmont Health Law Journal
Our panelists are here to give their Industry Perspectives. The Industry seems like it changes day to day, with everything that is happening. It is currently a moving target, in terms of where things are going and what can be expected. The discussion today will be about “what are some of the various things that have been thrown out there that might be changing the landscape of healthcare and what can practitioners think about?” and “What do we need to consider?” Hopefully can just have some good conversation about various policy proposals and pieces and parts of health care reform.
Pumping 9 To 5: Why The Flsa’S Provisions Provide Illusory Protections For Breastfeeding Moms In The Workplace, Kierstin Jodway
Pumping 9 To 5: Why The Flsa’S Provisions Provide Illusory Protections For Breastfeeding Moms In The Workplace, Kierstin Jodway
Belmont Law Review
On March 30, 2010, former President Barack Obama signed into law the Patient Protection and Affordable Care Act, which amended the Fair Labor Standards Act (“FLSA”) of 1938. Due to this amendment, the FLSA now requires employers to provide workplace accommodations for working mothers who wish to continue expressing breast milk after returning to work. Although this legislation was intended to be a step in support of transforming the role of women in the workplace, in practice its protections fail to advance the legal policies and progressive changes to the American workplace that our society has tirelessly pushed for. This …
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
Slicing The Pie: A Call For Congress To Enact Single-Factor Payroll Apportionment Of Interstate Business Revenue, Michael Bowen
Slicing The Pie: A Call For Congress To Enact Single-Factor Payroll Apportionment Of Interstate Business Revenue, Michael Bowen
Belmont Law Review
Almost all states levy some form of corporate income tax. In administering a corporate income tax system, states must make a series of policy decisions, including the tax rate and tax base. A more interesting problem arises, however, when considering corporations that do business in multiple states: how to determine the portion of income attributable to business within each state. This policy of apportionment is a crucial element of a corporate income tax system. Although the federal government has considered involving itself in determining how this income is apportioned to the various states, it never has. States have very little …