How To Make Better Sessions Judges: Appellate Review A Proposal To Reform Tennessee’S General Sessions Courts For The 21st Century, Willie Santana

Lincoln Memorial University Law Review Archive

In the past several years, general sessions judges have made headlines for illegal behavior such as bribery, obstruction of justice and witness tampering, judicial ethics violations, obvious lapses of judgment, and even suspect and unconstitutional behavior. This misconduct from the bench hurts society’s trust in the judiciary, but the damage is not merely academic. Judicial misconduct also does very real and immediately applicable damage to the people directly involved in criminal cases: victims who may never see justice, and those accused of crimes whose very future depends on an impartial administration of justice. That is an unfortunate state of affairs …

A Comparison And Contrast Of The Suspension Of The Writ Of Habeas Corpus By Presidents Abraham Lincoln & George W. Bush, Clayton Barnes

Lincoln Memorial University Law Review Archive

During their presidencies, Abraham Lincoln and George W. Bush both suspended the writ of habeas corpus; while these two situations appear to be similar, the facts surrounding each president’s suspension are vastly different. As I will later discuss in detail, President Lincoln was faced with an imminent rebellion near our nation’s capital that threatened the existence of the United States, had it been successful. On the other hand, President Bush called for the detention of enemy combatants on foreign soil where there was no immediate danger posed to the United States becuase a substantial amount of time had passed since …

Resolving The Overlooked Tragedy In Correctional Facilities: Medication Assisted Treatment Access For Inmates, Shianne M. Bowlin

Lincoln Memorial University Law Review Archive

Despite the protections laid out in the Eighth Amendment, Americans with Disabilities Act (ADA), and American Bar Association (ABA) Standards, individuals with opioid use disorder (OUD) who require medication assisted treatment (MAT) while incarcerated continue to be stripped of their right to proper medical treatment. While there is existing scholarship on whether access to MAT violates the Eighth Amendment, this scholarship is relying on one court case that relies on misinterpretation of the Food and Drug Administration regulations. There is scant scholarship addressing access to medication assisted treatment in correctional facilities under the ADA. This article demonstrates the clear discriminatory …

Death Sentence: A Compendium Against Assailment, John F. Serafine

Lincoln Memorial University Law Review Archive

Getting people to kill themselves is the oldest trick in the book. There ought to be a constitutional law against it. This Article proposes one.“Assailment” means asking, telling, or tempting a person under the age of eighteen to attempt or complete suicide. It also includes extorting or blackmailing a child into suicidal behavior. Such a law is necessary because of the skyrocketing rate of youth suicide. Death Sentence: A Compendium Against Assailment encourages lawmakers to enact an assailment statute. It further tells the stories of 41 completed youth suicides, 15 attempts, and 8 cases of suicidal ideation. The rigors of …

Change Of Venue In Covid-19 “Hot Spots”: Can Coronavirus Related Lawsuits Get Fair Trials In Locations Hit Hardest By The Disease?, Marc A. Consalo

Lincoln Memorial University Law Review Archive

As our country struggles with returning to normalcy after the difficulties inflicted by the Coronavirus, throughout the fifty states lawsuits are beginning to be filed that originate, at least in part, with repercussions from the outbreak. With companies just starting to reopen their doors, some experts believe tort lawyers are readying clients to file lawsuits for lost wages and medical costs associated with contracting the disease while in a person’s business. The possibility of wrongful death lawsuits initiating from the cruise ship industry is a valid concern as well, with an April 23, 2020, Miami Herald article finding at least …

The Long-Term Gender And Race Issues In Long-Term Care, Brendan Williams

Lincoln Memorial University Law Review Archive

Women outlive men, and, as a consequence, comprise the majority of residents in both the home health and nursing home long-term care settings. Their caregivers are also overwhelmingly-women -- 92% of nursing assistants in nursing homes, for example. And those caregivers are largely non-white. Long-term care has long been regarded as "women's work," beginning with its slavery antecedents in the home setting. This article explores the connection between the devaluing of long-term care, which is largely state-funded through Medicaid, and the gender and race dynamics of long-term care.

Going For The Green: Social Equity In The Recreational Cannabis Industry, Benjamin P. Sheppard

Lincoln Memorial University Law Review Archive

In the Summer of 2020 Americans marched in the streets to protest police brutality and the killing of George Floyd. Some activists point out that the disparate enforcement of the war on drugs frequently makes minorities a frequent target for police brutality. After decades of total war, the war on drugs is showing signs of drawing down as 11 states have legalized recreational cannabis. Nonetheless, as states legalize recreational cannabis rich white entrepreneurs enjoy a greater share of legalization’s economic benefits. Seeking to remedy this problem, six states have enacted cannabis social equity laws that encourage the participation of individuals …

Lions And Tigers And Bears, Oh My!: The Necessity For Uniform Regulations And Training Of Assistance Animals To Curtail Discriminatory And Fraudulent Behaviors Regarding Such Animals, Robert Maines

Lincoln Memorial University Law Review Archive

With the proliferation of service and emotional support animals fulfilling multiple forms of assistance or comfort, “considerable confusion over the meaning of individual terms used to designate the function and role of service animals, assistance animals, therapy animals, and emotional support animals” is understandable. This is further exacerbated by the terms used by differing agencies, organizations, and innumerable statutes that are meant to ensure the right and privilege of the use of these animals. It is no wonder that public perception would be affected. The affectation of public perception is most evident in the determination of the service animal over …

As Winding As The Serpentine Wall: Tennessee's Adoption Statute Under Lemon, Thomas Rader

Lincoln Memorial University Law Review Archive

This comment argues that Tenn. Code Ann. 36-1-147 is unconstitutional under both the Tennessee and U.S. Constitutions by demonstrating that the test outlined in Lemon v. Kurzman is appropriate for legislation of this kind, as it is a statute regulating a secular activity in which religious institutions participate. The Comment continues by diving into the legislative history of 36-1-147 before faithfully applying the Lemon test to the statute at hand.

Arc Mapping Methodologies & The Pursuit Of Magical Globules, Notches, & Beads: A Bridge Too Far To Establish Fire Origin?, Tom R. May, David J Icove

Lincoln Memorial University Law Review Archive

Expert fire investigators know the limits of arc mapping as an indicator of fire origin. Concerns about arc mapping are on the rise. There are doubts associated with arc-related artifacts, distinguishing “cause” from “victim” beads, visual vs. microscopic examinations, and even practitioner qualifications. Specific noteworthy complaints include: (1) overpromises on the technique’s precision, (2) exaggerated inferences from the available data, (3) failure to adequately account for potential methodological flaws, (4) deficient scientific rigor in establishing evidentiary fire origin-related reliability, (5) errors due to deficient practitioner training and experience, and (6) indeterminate findings based upon subjective visual analysis. An emerging industry …

May I Hold On To My God As I Die?: An Analysis On A Death Row Inmate's Right To Spiritual Advisors Inside The Execution Chamber, Geysel M. Gómez Lozada

Lincoln Memorial University Law Review Archive

This article analyzes the first amendment right of condemned prisoners to have their spiritual advisor with them up to the point of execution. It dives into a brief yet relevant historical background of the death penalty in the United States. Then it analyzes the specific protections awarded to death penalty inmates up to the point of their executions through R.L.U.I.P.A. At its core, it compares and contrasts two recent decisions by the U.S. Supreme Court: Dunn v. Ray, 139 S. Ct. 661 (2019) and Murphy v. Collier, 139 S. Ct. 1111 (2019), in which the Court reached two different conclusions …

A Hidden Threat To National Security: Gun Control And Its Impact On Critical Infrastructure, Taylor Drinnen

Lincoln Memorial University Law Review Archive

This note will address the dangers of firearm regulations to power facility security, the history behind industry-specific solutions, the current concern over power facility physical security, and applicable resolutions to the issue at hand. Additionally, this article will not only present a comprehensive and thoughtful analysis of the issues but also provide a source by which others can easily understand and locate current NRC firearm preemption authority. The article will cover four sections specific to the current national security issues posed by state gun laws. Section one will address the national security implications of critical infrastructure security, section two will …

Effective Death Penalty Abolitionist Rhetoric: A Quantitative Analysis Of What Works, Michael Conklin

Lincoln Memorial University Law Review Archive

This essay reports the findings of a study designed to measure the effectiveness of anti-death penalty rhetoric at decreasing support for the practice. Demographic factors, such as gender and political affiliation, were also analyzed for potential causal relationships. The surprising results of this novel study will help inform abolitionist advocates as to the best practices for promoting their message. Furthermore, the findings invite future research into death penalty attitudes and advocacy.

A Model For Confronting Fire Investigation Errors, John J. Lentini

Lincoln Memorial University Law Review Archive

When faced with the challenge of defending someone accused of arson, counsel has several options but unless there is overwhelming evidence to indicate that this was in fact an arson, the first thing counsel should do is retain an expert. Arson is one of the few crimes for which it is necessary to first prove that a crime was committed. Over this author’s 45-year career, many false accusations of arson have resulted in either civil or criminal litigation. As stated in the 2009 National Academy of Sciences (NAS) report:

The simple reality is that the interpretation of forensic evidence is …

Limiting The Deadly Impact Of Post-Traumatic Stress Disorder (Ptsd): Offenders Suffering From Ptsd At The Time Of The Offense Should Be Excluded From The Death Penalty, Alexandria Patterson Tipton

Lincoln Memorial University Law Review Archive

The Constitution of the United States prohibits the infliction of “cruel and unusual punishments.” However, a consistently asked question is what constitutes cruel and unusual punishment. In 1958, the Supreme Court stated that “the basic concept underlying the Eighth Amendment is nothing less than the dignity of man,” and recognized that the “words of the [Eighth] Amendment are not precise, and that [the Court’s] scope is not static.” Thus, “[t]he Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.” Accordingly, the constitutionality of the death penalty—specifically the implementation of it—depends …

The Common Law And The Right Of The People To Bear Arms: Carrying Firearms At The Founding And In The Early Republic, Stephen Halbrook

Lincoln Memorial University Law Review Archive

I. Introduction

To what extent does “the right of the people to . . . bear Arms, shall not be infringed” as guaranteed by the Second Amendment protect the liberty to carry firearms outside the home for self-defense or other lawful purposes?[1] While most states recognize a right to do so, either with or without a license and subject to place restrictions, some states grant discretion to a law enforcement agency to decide whether a specific person “needs” or has “good cause” to carry a firearm and restricts licenses to such persons. These discretionary licensing schemes have become a …

Federal Circuit Second Amendment Developments 2018, David Kopel, Joseph G.S. Greenlee

Lincoln Memorial University Law Review Archive

This Article provides a summary of federal circuit court cases decided in 2018. By the end of 2018, every circuit except for the Eighth has adopted a Two-Part Test for Second Amendment cases. In Part One, the court determines whether the challenged law burdens the Second Amendment right. If so, the court applies heightened scrutiny in Part Two. Courts in Second Amendment cases almost always apply intermediate scrutiny, but strict scrutiny and categorical invalidation are also available.

The Two-Part Test is detailed in our article, The Federal Circuits’ Second Amendment Doctrines.[1] That article reviews every federal circuit Second …

Capturing Cannabis Decriminalizing Possession In Tennessee “Pursuant To A Valid Prescription”, Brennan Parrish

Lincoln Memorial University Law Review Archive

Before diving into an abyss of drug history, certain key points and terms of art must be clarified. First, cannabis, marijuana, and marihuana (“cannabis” unless historical context uses otherwise) are the same substance, occurring in natural form as Cannabis Sativa L.[1] Second, cannabis is a Schedule VI controlled substance––not a narcotic drug.[2] While all narcotics are controlled substances,[3] not all controlled substances are narcotics, and it is incorrect (under Tennessee law) to categorize naturally grown cannabis (in plant form) as a narcotic drug.[4] Third, an “ultimate user” is one who may lawfully possess a controlled substance …

Daddy ‘War’ Bucks How Lincoln Funded The Civil War And Fathered The Modern System Of American Finance, Carissa Peterson

Lincoln Memorial University Law Review Archive

With the Union in an extremely weak economic state at the start of the Civil War, Lincoln was forced to challenge the way wars were to be financed and expand upon his powers as a president. To accomplish his goals of freeing the slaves and ending secession, Lincoln desperately needed a way to fund his endeavors. Lincoln and his Secretary of the Treasury, Salmon P. Chase, skillfully disrupted the American economy with higher tariffs, development of national banks, income tax, issuance of bonds, and creation of the first Internal Revenue Office to win the Civil War from within the Treasury …