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Full-Text Articles in Law
The Legislative Role In Procedural Rulemaking Through Incremental Reform, Briana L. Rosenbaum
The Legislative Role In Procedural Rulemaking Through Incremental Reform, Briana L. Rosenbaum
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Public policy theory generally studies two types of institutional change: major changes at critical moments and incremental change. Using an institutional public policy theoretical lens, this Article explores congressional efforts to incrementally change the substantive law through procedural change and litigation reform. While much attention has been paid to the 115th Congress’s policy-based proposals, scant attention has been paid to the fact that Congress had, at the same time, proposed sweeping changes to court access. From trans-substantive measures affecting procedure in every civil case, to targeted measures changing the procedures in police misconduct cases and medical malpractice lawsuits, the legislature …
Tennessee's For Profit Benefit Corporation Act: Will More Regulation Achieve The Desired Results, Brian Krumm
Tennessee's For Profit Benefit Corporation Act: Will More Regulation Achieve The Desired Results, Brian Krumm
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No abstract provided.
The Reintegrative State, Joy Radice
The Reintegrative State, Joy Radice
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Public concern has mounted about the essentially permanent stigma created by a criminal record. This is no small problem when the U.S. criminal history database currently stores seventy-seven million criminal records, and poor people and people of color constitute a severely disproportionate number of them. A criminal record makes it harder for people to find housing, get hired, attend college, and reunite with their families. Yet these very things have the greatest chance of helping people lead law-abiding lives and reducing recidivism. Scholars, legislators, and advocates have confronted this problem by arguing for reforms that give people with a conviction …
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy Cornett
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy Cornett
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In 2011, the Tennessee General Assembly – the first majority Republican legislature in the state since Reconstruction – passed two bills purporting to legislatively overrule recent decisions of the Tennessee Supreme Court that the legislature deemed unfriendly to business interests. This article examines the legislative history of one of those bills. Public Chapter No. 498, codified as Tennessee Code Annotated section 20-16-101, attempts to change the summary judgment standard adopted by the Tennessee Supreme Court in Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008). In Hannan, the Supreme Court explicitly rejected the federal Celotex standard for burden-shifting on …
If The Train Should Jump The Track ...: Divergent Interpretations Of State And Federal Employment Discrimination Statutes, Alex B. Long
If The Train Should Jump The Track ...: Divergent Interpretations Of State And Federal Employment Discrimination Statutes, Alex B. Long
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As interpretational issues surrounding federal employment discrimination statutes have become more complex and controversial, there have arisen more opportunities for parallel state anti-discrimination law to jump the track and take alternative courses. Not surprisingly, when dealing with their own parallel state statutes, a number of state appellate courts in recent years have chosen this course of action. Even where state and federal employment discrimination have not yet taken different paths, the potential for such divergent interpretations of state and federal anti-discrimination law has increased in recent years to the point where we may enter an era not unlike that of …
Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds
Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds
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No abstract provided.