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Articles 1321 - 1350 of 10992
Full-Text Articles in Law
Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen B. Bright
Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen B. Bright
Tennessee Journal of Law and Policy
Transcript of the lecture given by Bright at the University of Tennessee College of Law Summers-Wyatt Lecture given on September 27, 2010.
Tennessee Tussle: The Struggle Over Tennessee's Collective Bargaining Curtailment And Its Potential Future Impact, William Gibbons
Tennessee Tussle: The Struggle Over Tennessee's Collective Bargaining Curtailment And Its Potential Future Impact, William Gibbons
Tennessee Journal of Law and Policy
No abstract provided.
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon
Tennessee Journal of Law and Policy
No abstract provided.
Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shectman
Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shectman
Tennessee Journal of Law and Policy
No abstract provided.
Clinical Use Of Placebos: Medicine, Neuroscience, Ethics And The Law, Steven B. Perlmutter
Clinical Use Of Placebos: Medicine, Neuroscience, Ethics And The Law, Steven B. Perlmutter
Tennessee Journal of Law and Policy
My patient, a twenty-eight year old woman, presented with a three-week history of constant twitching of her left lower eyelid. She found it distracting and annoying, albeit it did not impair her vision. She had no other ocular symptomatology. Past ocular and medical histories were unremarkable, and she took no medications. She was preoccupied with a toxic divorce, which was traumatizing her eight-year-old son. She noted difficulty falling and staying asleep. Six weeks prior, her internist pronounced her a healthy but stressed woman. My examination revealed left lower orbicularis myokymia, i.e., spontaneous, involuntary twitching of the left lower eyelid. Her …
Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter
Panel Four: Finding A Silver Lining In The Darkest Clouds: How Today's Economic Crisis Creates Opportunities For Reform And Cost Savings In The Administration Of The Death Penalty, Tony Mauro, Jean Faria, Jon B. Gould, Elizabeth (Libby) Sykes, Malcolm R. Hunter
Tennessee Journal of Law and Policy
No abstract provided.
Panel Three: Unique Ethical Dilemmas In Capital Representation, Penny J. White, Sean O'Brien, Mary Ann Green, Ann Short-Bowers
Panel Three: Unique Ethical Dilemmas In Capital Representation, Penny J. White, Sean O'Brien, Mary Ann Green, Ann Short-Bowers
Tennessee Journal of Law and Policy
No abstract provided.
Luncheon Address: Remarks From Professor Jerry Black, Jerry Black
Luncheon Address: Remarks From Professor Jerry Black, Jerry Black
Tennessee Journal of Law and Policy
No abstract provided.
Dealing With Excessive Caseloads With Litigation: Panel Two, Mark E. Stephens, Rory Stein, Max Bahner, Cara H. Drinan, Adele Bernhard
Dealing With Excessive Caseloads With Litigation: Panel Two, Mark E. Stephens, Rory Stein, Max Bahner, Cara H. Drinan, Adele Bernhard
Tennessee Journal of Law and Policy
No abstract provided.
Dealing With Excessive Caseloads Without Litigation, Robert Stein, John Terzano, Norman Lefstein, Avis Buchanan, Robert Boruchowitz, Dennis Keefe, James R. Neuhard
Dealing With Excessive Caseloads Without Litigation, Robert Stein, John Terzano, Norman Lefstein, Avis Buchanan, Robert Boruchowitz, Dennis Keefe, James R. Neuhard
Tennessee Journal of Law and Policy
No abstract provided.
National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services, Laurie Robinson
National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services, Laurie Robinson
Tennessee Journal of Law and Policy
No abstract provided.
Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Tennessee Journal of Law and Policy
No abstract provided.
In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl, The Supreme Court Of Tennessee
In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl, The Supreme Court Of Tennessee
Tennessee Journal of Law and Policy
No abstract provided.
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
Tennessee Journal of Law and Policy
No abstract provided.
Is Parenting Authority A Usurpation Of Judicial Authority? Harmonizing Authority For, Benefits Of, And Limitations On This Legal-Psychological Hybrid, Joi T. Montiel
Tennessee Journal of Law and Policy
A “Parenting Coordinator” assists high-conflict parents in resolving disputes that arise in the parents’ efforts to jointly parent their children after a divorce. The Parenting Coordinator simultaneously educates the parents so as to minimize the degree and frequency of future conflict. While Parenting Coordination is not mediation or arbitration, it is also not counseling. Instead, Parenting Coordination is a “legal-psychological hybrid.” A trial court’s delegation to one in this hybrid role the power to determine a fit parent’s access to her child is arguably an improper delegation of judicial authority. While thirteen states have comprehensive schemes setting out their Parenting …
Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes
Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes
Tennessee Journal of Law and Policy
No abstract provided.
Panel Discussion 3: Confronting Political And Economic Challenges, Representative Sherry Jones, Connie Steere, Mary Walker
Panel Discussion 3: Confronting Political And Economic Challenges, Representative Sherry Jones, Connie Steere, Mary Walker
Tennessee Journal of Law and Policy
No abstract provided.
Keynote Address: Revisiting Luzerne County: Promoting Fairness, Transparency, And Accountability In Juvenile Court, Robert Schwartz
Keynote Address: Revisiting Luzerne County: Promoting Fairness, Transparency, And Accountability In Juvenile Court, Robert Schwartz
Tennessee Journal of Law and Policy
No abstract provided.
Panel Discussion 2: Litigation For Change, Jacqueline Dixon, Dean Rivkin, Robert Schwartz
Panel Discussion 2: Litigation For Change, Jacqueline Dixon, Dean Rivkin, Robert Schwartz
Tennessee Journal of Law and Policy
No abstract provided.
Panel Discussion 1: Tennessee Supreme Court Rule 40a, Elizabeth Sykes, Lucie Brackin, Jennifer Evans Williams
Panel Discussion 1: Tennessee Supreme Court Rule 40a, Elizabeth Sykes, Lucie Brackin, Jennifer Evans Williams
Tennessee Journal of Law and Policy
No abstract provided.
Welcome And Introductions, Douglas A. Blaze, John Evans, Jessica Van Dyke
Welcome And Introductions, Douglas A. Blaze, John Evans, Jessica Van Dyke
Tennessee Journal of Law and Policy
No abstract provided.
The Role Of Social Media Influencer In Bringing Economic Content Closer To Moroccan Youth -Youtube As An Example-, Mohammed Omar Zouhri
The Role Of Social Media Influencer In Bringing Economic Content Closer To Moroccan Youth -Youtube As An Example-, Mohammed Omar Zouhri
Middle East Journal of Communication Studies
This study aims to monitor the effects of economic content published through the digital space in enhancing economic awareness among young people in Morocco, and empowering them with relevant knowledge and information in an attractive and simplified manner. The study begins by showing the extent to which young people, especially university students, interact with economic content through what social media influencers present on their YouTube channels. The study examines the nature of this content, its importance in bringing economic information closer to the public, and the extent of its ability to help a group of students improve their levels and …
Covid-19 And The Populist Governments Approach To Pandemic Management: A Nuanced Analysis, Fozia Nazir Lone, Anthony Carty
Covid-19 And The Populist Governments Approach To Pandemic Management: A Nuanced Analysis, Fozia Nazir Lone, Anthony Carty
Buffalo Human Rights Law Review
This article addresses international law discourse in the post- COVID-19 era. The first part engages with questions about China, its liability, and the complex legal discourse on causation. The present position of the WHO is that COVID-19 is a zoonotic virus like SARS. The nature of the spillover event remains unclear, but the first human case was identified at some point in Wuhan, China, in December 2019. For the reasons outlined in Part I, the scholarly consensus has been that claims against China appear unjustifiable. The two case studies in Part II demonstrate the factors involved in local pandemic management …
The Hierarchical Implication Of Jus Cogens: An Analysis Of Schwarzenberger And Kelsen On The Recognition Of The Prohibition Of Torture And Genocide As Peremptory Norms, Carlos G. Ramaglia Mota
The Hierarchical Implication Of Jus Cogens: An Analysis Of Schwarzenberger And Kelsen On The Recognition Of The Prohibition Of Torture And Genocide As Peremptory Norms, Carlos G. Ramaglia Mota
Buffalo Human Rights Law Review
This article explores the challenge faced by positivist schools of law in integrating the concept of jus cogens within their systematic legal frameworks. By comparing the theories of Schwarzenberger and Kelsen, it demonstrates that Positivism is not a monolithic representation of the traditional international regime of consent. Utilizing a doctrinal legal research methodology, the study draws upon authoritative sources, including legal scholarship, case law, and conventions related to the prohibition of torture and genocide. The article traces the origins and development of jus cogens, examining its connections to post-war Germany and Austria, and its universalistic Christian roots. Analyzing doctrinal and …
When “The Right To Life” Forgoes Quality Of Life: Examining The Public Policy Impacts Of Mississippi’S Abortion Ban On Women Post-Dobbs, Eleanor Condelles
When “The Right To Life” Forgoes Quality Of Life: Examining The Public Policy Impacts Of Mississippi’S Abortion Ban On Women Post-Dobbs, Eleanor Condelles
Buffalo Human Rights Law Review
On June 24, 2022, the Supreme Court eliminated the right to abortion. Its ruling in Dobbs v. Jackson Women’s Health Org. overturned Roe v. Wade and was the culmination of a decades-long attack on abortion rights and accessibility. Without a federal abortion standard, it is now up to each state to determine women’s access to abortion. This system will produce a tiered structure of abortion access, causing significant health and socioeconomic burdens for women generally and reinforcing fundamental social inequities. Women of means will find ways around the Dobbs decision; others, who lack finances, childcare, or the ability to travel …
The International Law Of Siege And Starvation: The Case Of Gaza After October 7, 2023, R. Field
The International Law Of Siege And Starvation: The Case Of Gaza After October 7, 2023, R. Field
Buffalo Human Rights Law Review
This article will assess the legality of Israel’s current siege of Gaza under international humanitarian law (IHL) and domestic Israeli law. Since October 7, 2023, Israel has implemented a strict siege of Gaza, severely restricting the entry of food, water, fuel, and other humanitarian goods. The civilian population of Gaza now faces ongoing starvation. While sieges are not categorically banned in IHL, under customary IHL a besieging party may not refuse consent to the entry of sufficient humanitarian aid into the besieged area unless it has a valid, non-arbitrary reason to do so. The Israeli High Court of Justice has …
Shifting Towards Boilerplate Regulation, Wayne R. Barnes
Shifting Towards Boilerplate Regulation, Wayne R. Barnes
University of Miami Law Review
Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …
The “Amateur” Division I Athlete Is Becoming A Thing Of The Past, So Now What?: Addressing The Action Needed To Preserve Amateurism In College Sports, Elizabeth Hendrickson
The “Amateur” Division I Athlete Is Becoming A Thing Of The Past, So Now What?: Addressing The Action Needed To Preserve Amateurism In College Sports, Elizabeth Hendrickson
University of Miami Law Review
College sports are in a state of logistical chaos. How did we get here? Where do we go next? What does the future of college sports look like? The driving force behind much of this uncertainty is the demise of amateurism at the Division I level of competition. The National Collegiate Athletic Association (“NCAA”) has struggled to define what makes a college athlete an “amateur” since its inception. Over time—and under the NCAA’s purported control—the line between amateur and professional athletes has become increasingly blurred. The NCAA’s failure to maintain the amateur model at the Division I level poses a …
Reverse Discrimination: An Opportunity To Modernize And Improve Employment Discrimination Law, William R. Corbett
Reverse Discrimination: An Opportunity To Modernize And Improve Employment Discrimination Law, William R. Corbett
University of Miami Law Review
The issue of how to prove discrimination in reverse discrimination cases has produced a division in the circuits and some strongly worded opinions about discriminatory discrimination law. The courts begin with the three-stage proof framework developed by the Supreme Court in 1973 in McDonnell Douglas Corp. v. Green, 411 U.S. 792. Some courts adjust the prima facie case, the first stage of the analysis, by requiring a reverse discrimination plaintiff to prove background circumstances that justify the inference that the defendant discriminates in a way that is not consistent with historical patterns of discrimination. Other courts reject the background …