Law Commons^™

Crime Follies: Overcriminalization, Independent Prosecutors, And The Rule Of Law, Glenn Harlan Reynolds

Scholarly Works

This chapter from Peter W. Morgan & Glenn H. Reynolds, "The Appearance of Impropriety: How The Ethics Wars Have Undermined American Government, Business, and Society" describes how the combination of politically inspired prosecutions and indeterminate criminal offenses has served to undermine fairness and faith in government.

Excerpt: "In the old days, we would refrain from ringing up the cops until after there was fairly clear evidence of a crime, such as Professor Plum lying in a pool of blood in the conservatory. Off everyone would go looking for clues, with the concrete fact of Professor Plum's corpse to focus their …

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal’S Intelligence For Determinations Of Legal Personhood, Paul Mclaughlin

Law Library Faculty Scholarship

Children and animals are treated much the same under the law. Both are seen as having limited, if any, legal rights. For children there are legal processes that can be used to determine if a minor is mature enough to be considered a legal person for life affecting decision making considerations and emancipation proceedings. Animals, no matter what their intelligence levels, are not allowed an opportunity to be found as legal persons and are denied the rights, privileges, and responsibilities that legal personhood bestows. This article looks at the similarities between the historical treatment of children and animals and argues …

Prosecuting Poverty, Criminalizing Care, Wendy A. Bach

Scholarly Works

In 2013, state legislators sitting at the heart of America’s opiate epidemic created the crime of fetal assault. Although they offered a fairly standard series of criminologic rationales to justify the legislation, they also posited that the creation of this crime was a precondition to secure treatment (or care) resources for women addicted to opiates. This extraordinary supposition—that criminalizing conduct creates a road to care—is an outgrowth of three interlinked socio-legal trends: the building of the carceral state, the criminalization of poverty, and the rapid growth, since the late 1980s, of a new generation of problem-solving courts. Framed in this …

Minimizing And Addressing Microaggressions In The Workplace: Be Proactive, Part Two, Shamika Dalton

Scholarly Works

No abstract provided.

Minimizing And Addressing Microaggressions In The Workplace: Be Proactive, Part Two, Shamika Dalton, Michele Villagran

College of Law Faculty Scholarship

No abstract provided.

Minimizing And Addressing Implicit Bias In The Workplace: Be Proactive, Part One, Shamika Dalton

Scholarly Works

Librarians and information professionals cannot hide from bias: a prejudice for or against something, someone, or a group. As human beings, we all have biases. However, implicit biases are ones that affect us in an unconscious manner. Awareness of our implicit biases, and how they can affect our colleagues and work environment, is critical to promoting an inclusive work environment. Part one of this two-part article series will focus on implicit bias: what is implicit bias, how these biases affect the work environment, and best practices for reducing these biases within recruitment, hiring, and retention in the library workplace.

Minimizing And Addressing Implicit Bias In The Workplace: Be Proactive, Part One, Shamika Dalton, Michele Villagran

College of Law Faculty Scholarship

Librarians and information professionals cannot hide from bias: a prejudice for or against something, someone, or a group. As human beings, we all have biases. However, implicit biases are ones that affect us in an unconscious manner. Awareness of our implicit biases, and how they can affect our colleagues and work environment, is critical to promoting an inclusive work environment. Part one of this two-part article series will focus on implicit bias: what is implicit bias, how these biases affect the work environment, and best practices for reducing these biases within recruitment, hiring, and retention in the library workplace.

Unregulated Charity, Eric Franklin Amarante

Scholarly Works

The vast majority of charities in the United States operate in a regulatory blind spot: they are neither meaningfully evaluated when they apply for charitable status nor substantively monitored after they receive charitable status. Driven by severe budget constraints, the IRS decided to essentially ignore any charity that claims it will realize less than $50,000 in annual gross receipts. From a practical perspective, the IRS’s decision makes sense. To the extent smaller charities are less likely to cause harm, it is reasonable (perhaps even preferable) to subject them to less scrutiny. This type of prioritization, known as risk-based regulation, has …

Rebooting Justice: Odr Is Disrupting The Judicial System, Benjamin H. Barton

Scholarly Works

No abstract provided.

The Opioid Epidemic: Regulation, Responsibility, And Remedies, Isaac ("Zack") D. Buck

Scholarly Works

No abstract provided.

Tribute To Professor Jonathan G. Rohr, Michael J. Higdon

Scholarly Works

No abstract provided.

Diversity Dialogues: Navigating Law Librarianship While Black: A Week In The Life Of A Black Female Law Librarian, Shamika Dalton

Scholarly Works

No abstract provided.

Publishing Basics: How To Get Started & Where To Begin, Shamika Dalton

Scholarly Works

No abstract provided.

Time Is Money: Technology Can Help You Create More Of Both, Benjamin H. Barton

Scholarly Works

No abstract provided.

Retaliation Backlash, Alex B. Long

Scholarly Works

No abstract provided.

Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice

Scholarly Works

No abstract provided.

Let's Not Give Up On Traditional For-Profit Corporations For Sustainable Social Enterprise, Joan Macleod Heminway

Scholarly Works

The past ten years have witnessed the birth of (among other legal business forms) the low-profit limited liability company (commonly known as the L3C), the social purpose corporation, and the benefit corporation. The benefit corporation has become a legal form of entity in over 30 states. The significant number of state legislative adoptions of new social enterprise forms of entity indicates that policy makers believe these alternative forms of entity serve a purpose (whether legal or extra legal).

The rise of specialty forms of entity for social enterprise, however, calls into question, for many, the continuing role of the traditional …

Modern Hegemony – Implicit Bias, Media, And The Criminal Justice System, Dylan Tucker

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Is Our Guaranteed “Free Appropriate Public Education” Meaningful For Students With Disabilities?: A Closer Look At Endrew F. V. Douglas Cty. Sch. Dist. Re-1, Clarifying Public Education Requirements For Students With Disabilities, Megan Austin

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Moving Beyond The Box: Improving Educational Opportunities For Ex-Offenders, Martin S. Bressler

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

In Your Professional Opinion: An Analysis Of The First Amendment Implications Of Compelled Professional Speech In Stuart V. Camnitz, Erin K. Phillips

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

The Neuroscience And Epigenetics Of Sexual Harassment: Brain Reactions, Gene Expressions, And The Hostile Work Environment Cause Of Action, Kimberly Papillon

Tennessee Journal of Race, Gender, & Social Justice

Sexual harassment has emerged as a devastating reality in the American workplace. Courts have reviewed cases while lamenting about the imprecision in the law and its application to the facts. When jurisprudence joins neuroscience and analysis joins epigenetics a new approach to sexual harassment will emerge. The Article uses neuroscience and epigenetics to add precision to judging sexual harassment claims. The Article shows how the science of epigenetics can be used to accurately assess the victim’s injury and damages. Macro and micro-aggressions in a hostile work environment can have lasting effects on gene expression. Telomere length can degrade causing increased …

Table Of Contents, Eboni A. James

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Access To Justice And Routine Legal Services: New Technologies Meet Bar Regulators, Benjamin H. Barton

Scholarly Works

We are in the early stages of a technological revolution in legal services. Technology is displacing lawyers in a wide array of tasks such as document drafting, review, and assembly, and is also reshaping the way that lawyers find clients and deliver assistance. For most consumers, these are welcome developments. Such innovations generally reduce costs and increase both accessibility and efficiency. The potential gains are particularly great for low- and middle-income consumers, who lack access for a vast array of basic, often urgent, legal needs. Yet for lawyers, the consequences of technology have been more mixed. Many feel that their …

Managing Medicaid, Isaac ("Zack") D. Buck

Scholarly Works

In a steady but rapid march, managed care has come to Medicaid. Privatization has undoubtedly rebuilt the Medicaid landscape across America over the last three decades. Now, as managed care programs administer health care to three-in-four Medicaid beneficiaries nationwide, whether or not managed care is adequately managing America’s largest public insurance program has become an increasingly important question.

Of particular note have been states’ difficulties in constructing and organizing the bidding and selection processes of the private companies tasked with overseeing the administration of private Medicaid plans. Legal challenges to various states’ bid procurement processes have been well documented. These …

Tribute To Spenser F. Powell, John Sobieski

Scholarly Works

No abstract provided.

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul McLaughlin, Using Problem-Enhanced Library Tours Rather than Scavenger Hunts to Teach Incoming 1Ls About Legal Sources and the Research Process, 43 Southeastern L. Libr. 1, 20-22 (2018).

Published in Southeastern Law Librarian (volume 43) (Spring 2018).

Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul Mclaughlin

Scholarly Works

No abstract provided.

The Treatment Of Corporations And Partnerships Under The Tcja, Don Leatherman

Scholarly Works

No abstract provided.

The Unsung Latino Entrepreneurs Of Appalachia, Eric Franklin Amarante

Scholarly Works

The story of Latinos in Appalachia, when told, is dominated by the plight of migrant workers drawn to meat processing factories or agricultural work, with very little attention paid to Latino. entrepreneurship in Appalachia. However, the first generation of migrant workers inspired a surprising collateral entrepreneurial effect: a raft of small businesses owned by (and focused on) the new Latino population surged into small town Appalachia. These businesses, which include restaurants, tiendas, pastelerias, and tortillerias, not only serve the growing Latino population, but also have a tremendously positive effect on local and state economies. These businesses hire employees, rent previously …