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Articles 1 - 22 of 22
Full-Text Articles in Law
You Are The Father! An Argument For Court-Ordered Prenatal Paternity Testing And Child Support In Tennessee, Michael Stooksbury
You Are The Father! An Argument For Court-Ordered Prenatal Paternity Testing And Child Support In Tennessee, Michael Stooksbury
Lincoln Memorial University Law Review Archive
As long as the concept of monogamy has existed, humans have looked for ways to escape it. Children, a natural consequence of sexual activity, are often negatively affected by the lack of a supportive family structure in single-family households. To correct this, courts often order child support to be paid from one parent to another, usually through the State. This is why paternity determinations are an important court function. One aspect courts have neglected, however, is child support for expecting mothers during pregnancy. Prenatal child support for expecting mothers would help alleviate some of the prenatal costs and make the …
Disorderly Conduct: An Investigation Into Police And Prosecutor Practices, Michael Cicchini
Disorderly Conduct: An Investigation Into Police And Prosecutor Practices, Michael Cicchini
Lincoln Memorial University Law Review Archive
Disorderly conduct is usually a misdemeanor statute that criminalizes a broad range of behavior. Law professors have recently called for the abolition of such statutes, arguing that the police are surveilling African American neighborhoods “for signs of disorder” and using the statute “as a means of social control against people of color.”This Article investigates this claim of racist policing by examining a sample of disorderly conduct cases. The sample confirms that African Americans are indeed charged at a disproportionately high rate relative to their percentage of the population. However, the disproportionate charging is not due to racist police surveillance. Rather, …
Mixed Messaging: Should Judges On The Tennessee Supreme Court Be Called Justices?, Ryan E. Cox
Mixed Messaging: Should Judges On The Tennessee Supreme Court Be Called Justices?, Ryan E. Cox
Lincoln Memorial University Law Review Archive
Originally published on the LMU Law Review Blog--Off the Record--in February 2021.
Laying It On The Line: How Hernandez V. Mesa Nixed Bivens For A Transnational Homicide, Sean Davis
Laying It On The Line: How Hernandez V. Mesa Nixed Bivens For A Transnational Homicide, Sean Davis
Lincoln Memorial University Law Review Archive
n Hernandez v. Mesa, the Supreme Court denied the petitioners the opportunity to seek a Bivens remedy for a constitutional violation by a federal official. The Court appears like it will soon remove Bivens remedies entirely. This article analyzes the case and argues that the Court correctly decided the issue. Current literature decries this decision as ignoring precedent but fails to analyze the framework for deciding Bivens cases fully. The article further adopts the stance of the concurrence to argue that Bivens remedies violate the separation of powers, have failed to achieve their stated purpose, and should be completely abolished. …
Understanding The Negligence Question, Garo V. Moughalian
Understanding The Negligence Question, Garo V. Moughalian
Lincoln Memorial University Law Review Archive
There is currently an unsolved problem in the legal literature regarding the role cost-benefit analysis should play in determinations of breach in negligence cases. Additionally, despite extensive writings, the relationship between duty and breach in negligence cases remains unclear. At the core of the problem lies the inadequacy of our understanding of breach, which, currently established through a number of independent constructs, lacks a fundamental conceptual base. Further complicating matters is the limited study afforded the nature of the negligence cause of action itself, which leaves the element of duty on unsound footing. This article fills those gaps. With an …
To Live More And Die Less: Challenging Tennessee's Anti-Trans Birth Certificate Policy, Guy E. Tustin Iii
To Live More And Die Less: Challenging Tennessee's Anti-Trans Birth Certificate Policy, Guy E. Tustin Iii
Lincoln Memorial University Law Review Archive
This note analyzes Gore, et al., v. Lee, et al., a case challenging Tennessee's birth control policy which explicitly prohibits trans people born in Tennessee from correcting their gender marker to accurately reflect their gender identity. The note begins with a description of the issues the lawsuit hopes to address and continues with a description of the parties, history of anti-trans birth certificate jurisprudence, an analysis of lawyering strategies, and concludes with First Amendment strategies which may be used to fight state laws requiring trans citizens to complete gender confirming procedures in order to correct their birth certificate gender markers.
Politicizing Impartiality: Redefining The Role Of The Senate In Federal Judicial Selection, Adam Harness, Melissa Harness
Politicizing Impartiality: Redefining The Role Of The Senate In Federal Judicial Selection, Adam Harness, Melissa Harness
Lincoln Memorial University Law Review Archive
The judicial selection process is heavily backlogged, resulting in excessive vacant judgeships, many in geographical areas with extremely high caseloads. Thus, the federal courts are falling further behind every year in settling disputes. The Senate’s action with President Obama’s nominee to the Supreme Court after the death of Justice Antonin Scalia has only escalated the dysfunction of the judicial selection process. Coupled with the fallout surrounding the death of Justice Ginsburg and Senator McConnell’s complete refusal to honor the precedent set by him in 2016, it has become glaringly apparent that the confirmation process conducted by the Senate needs to …
In The Beginning: Foundations Of A Successful Deanship, Neil Fulton
In The Beginning: Foundations Of A Successful Deanship, Neil Fulton
Lincoln Memorial University Law Review Archive
The job of a modern law school dean is demanding and complex. Decanal tenures are increasingly short. Those who take on the work of being a law school dean are asked to accomplish a great deal in a short period of time. As a result, the first year of any decanal tenure is vital. The lessons of experience learned by many deans and foundational ideas of leadership scholars provide guideposts for new deans to chart a course through their first year. This essay explores those ideas for new deans to consider and implement in their own way.
#Metoo Meets Estoppel: How Bill Cosby’S Conviction Got Tossed By Court’S Application Of Equitable Doctrine, Stefanie Bowen, Ryan Cox
#Metoo Meets Estoppel: How Bill Cosby’S Conviction Got Tossed By Court’S Application Of Equitable Doctrine, Stefanie Bowen, Ryan Cox
Lincoln Memorial University Law Review Archive
Originally published on the LMU Law Review Blog--Off the Record--in August of 2021.
A Tale Of Two Societies: The Impact Of "Gig Economy" Laws On Rural America, Timothy W. Conner
A Tale Of Two Societies: The Impact Of "Gig Economy" Laws On Rural America, Timothy W. Conner
Lincoln Memorial University Law Review Archive
In recent years, with the proliferation of online “gig economy” platforms and the growing number of workers relying on such platforms as sources of income, disputes have arisen concerning whether states should mandate that such workers be classified as employees versus independent contractors. This article considers whether such laws have the potential to impact rural populations in different ways than they impact urban populations.
Disabilities On Death Row: The Ada, Ableism, And Alternatives To The Eighth Amendment, Christopher Hill J.D., Ll.M
Disabilities On Death Row: The Ada, Ableism, And Alternatives To The Eighth Amendment, Christopher Hill J.D., Ll.M
Lincoln Memorial University Law Review Archive
In one of the most recent death penalty cases, the Supreme Court of the United States held that the Eighth Amendment to the Constitution’s prohibition against cruel and unusual punishment does not guarantee a painless death and that the execution was constitutional if there was not “superadded” pain, despite the inmate’s disability causing extreme pain when he was required to lie down on a gurney.While the Court used an Eight Amendment analysis to determine whether additional pain triggers further protection for a death row inmate, it may be time to view some cruel and unusual punishment claims under a disability …
School Choice In Tennessee: A Violation Of The State Constitutional Right To A Substantially Equal Education, Emma Knapp
School Choice In Tennessee: A Violation Of The State Constitutional Right To A Substantially Equal Education, Emma Knapp
Lincoln Memorial University Law Review Archive
Most states have experimented with various versions of school choice over the past several years. While a federal right to education is not recognized, all fifty state constitutions provide some variation of an education clause, guaranteeing a state constitutional right to education. In Tennessee, satisfaction of the state constitutional right to education requires substantially equal educational opportunities for all students across the state. Despite this constitutional mandate, students in public schools across the state of Tennessee experience vast disparities in educational opportunities. Litigation is currently pending before the Tennessee Supreme Court regarding the constitutionality of the Tennessee Education Savings Account …
Health And Safety Receivership: California's Cure For Zombie Foreclosures, Vacant, And Other Nuisance Properties, Ryan Griffith Esq.
Health And Safety Receivership: California's Cure For Zombie Foreclosures, Vacant, And Other Nuisance Properties, Ryan Griffith Esq.
Lincoln Memorial University Law Review Archive
Almost every city or county has abandoned, fire damaged, vacant or other nuisance properties. The majority these properties sit abandoned and blight communities for years with no solution in sight. However, California has solution for these longstanding nuisance properties known as Health and Safety “H & S” receiverships. The statutory authority for H &S receiverships is found at California Health and Safety Code (“HSC”) §§ 17980.6 and 17980.7. Abandoned, vacant and other nuisance properties surface in a variety of ways. However, a few of the most common occurrences are:Deceased property owners without heirs; Zombie foreclosures; Hoarders and other mental health …
When It Comes To Orders Of Protection And Guns--Language Matters, Joshua M. Anderson
When It Comes To Orders Of Protection And Guns--Language Matters, Joshua M. Anderson
Lincoln Memorial University Law Review Archive
When it comes to orders of protection - language matters. The boxes checked, the lines filled in, and the specific orders enumerated in a Tennessee order of protection, impact the effect it has on respondents/defendants' gun rights. For the federal firearms restrictions, and accordingly the Tennessee state firearms restrictions, to be imposed, specific requirements as specified in 18 U.S.C. § 922(g)(8) must be met in an order of protection. Additionally, the restrictions apply to narrow classes of individuals - much narrower than those who a Tennessee order of protection may generally apply. The findings and restrictions currently in Tennessee's order …
Juvenile Justice: How The Theory Of Rehabilitation Influences Procedural Protections And Punishment In Juvenile And Criminal Courts, Cydney Carter
Juvenile Justice: How The Theory Of Rehabilitation Influences Procedural Protections And Punishment In Juvenile And Criminal Courts, Cydney Carter
Lincoln Memorial University Law Review Archive
There is a general consensus that when children are accused of committing criminal offenses, the main goal is rehabilitation. In order to achieve this goal, separate juvenile courts have been created with different punishments and procedures. However, children can still be tried in criminal court. This paper compares the procedural protections and punishments used in juvenile and criminal courts and analyzes how both court systems have failed to adequately rehabilitate juvenile offenders. It also looks abroad at international standards and other countries' juvenile reform efforts for inspiration on how to reform juvenile justice in the United States to better achieve …
Pandemic Pirates: An Essay Calling For Legislation Curbing Pandemic Profiteering, Gregory Smith
Pandemic Pirates: An Essay Calling For Legislation Curbing Pandemic Profiteering, Gregory Smith
Lincoln Memorial University Law Review Archive
No abstract provided.
Ptsd Is A Limited Defense In Federal Court: Defendants With Ptsd Generally Fail In Asserting The Affirmative Insanity Defense, And The Diminished Capacity Failure Of Proof Defense Is Only Applicable In Limited Instances, Alexandria Patterson Tipton
Ptsd Is A Limited Defense In Federal Court: Defendants With Ptsd Generally Fail In Asserting The Affirmative Insanity Defense, And The Diminished Capacity Failure Of Proof Defense Is Only Applicable In Limited Instances, Alexandria Patterson Tipton
Lincoln Memorial University Law Review Archive
No abstract provided.
The Challenge Of Change: Overcoming Structural Impediments To Children Of Color Receiving An Adequate Education, Chantel Matikke
The Challenge Of Change: Overcoming Structural Impediments To Children Of Color Receiving An Adequate Education, Chantel Matikke
Lincoln Memorial University Law Review Archive
No abstract provided.
Reconciling Rehabilitation Act Claims: A Proposed Best Practice For Filing Federal Employment Discrimination Claims Under Section 501 Or 504 Of The Rehabilitation Act, Jessica Gardner
Lincoln Memorial University Law Review Archive
No abstract provided.
Defining Reasonableness: A Substantive And Procedural Overview Of Police Use Of Force, Bradley Prewitt
Defining Reasonableness: A Substantive And Procedural Overview Of Police Use Of Force, Bradley Prewitt
Lincoln Memorial University Law Review Archive
No abstract provided.
How Are You Measuring Success? A Sociological Lens On Evaluating Recovery Courts And The Opioid Misuse Crisis In Appalachia, Aubrey Maples
How Are You Measuring Success? A Sociological Lens On Evaluating Recovery Courts And The Opioid Misuse Crisis In Appalachia, Aubrey Maples
Lincoln Memorial University Law Review Archive
No abstract provided.
Expedited Removal And Habeas Corpus: How A Recent Supreme Court Ruling, Combined With An Executive Order From Former President Trump Has Affected The Due Process Rights Of Illegal Immigrants Detailed For Expedited Removal, Roel Reyna
Lincoln Memorial University Law Review Archive
No abstract provided.