Courts Commons^™

Annual Index

Tennessee Law Review

No abstract provided.

15 Years After 9/11: Where We Were, And Where We Are, Khaled A. Beydoun

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Protecting Regulatory Expressions Of Food Populism Through Interstate Cooperation, Kathryn Bowen

Tennessee Law Review

Consumers and retailers are increasingly interested in purchasing local, sustainable, and humanely raised foods. Advocacy groups are spearheading that trend. Their efforts have gained traction at the state-level, with a broad-based, food conscious constituency directly fomenting policy change. And yet, adversely affected food producers typically succeed in nullifying state reforms by securing from Congress preemptive national standards.

That dynamic is likely to manifest again in the area of farmed animal treatment. In November 2016, Massachusetts approved the furthest reaching prohibition on the use of "intensive confinement" systems for farmed animals, and the sale of any food products thereby derived. Additional …

A Principled And Legal Approach To Title Ix Reporting, Merle H. Weiner

Tennessee Law Review

Institutions of higher education identify "responsible employees" to further their compliance with Title IX. Responsible employees typically report instances of campus gender-based violence to the institution, usually to the Title IX coordinator. Unfortunately, most colleges and universities make virtually every employee a responsible employee. This "wide-net" approach to reporting, sometimes referred to as universal mandatory reporting, produces two categories of related unintended consequences: (1) it weakens the autonomy of victims when they need their autonomy most, thereby undermining their sense of institutional support and aggravating their psychological and physical harm from the assault; and (2) because of these negative consequences, …

The Miranda Custody Requirement And Juveniles, Paul Marcus

Tennessee Law Review

No abstract provided.

Symposium: Business In The Roberts Court - Introduction: Still In Search Of The Pro-Business Court, Jonathan H. Adler

Faculty Publications

The Supreme Court under Chief Justice Roberts is often described as a “pro-business” court. Many commentators believe that Court is particularly sympathetic to business interests in concerns. A 2016 volume, Business and the Roberts Court turned a critical eye to this hypothesis. In September 2016, the Center for Business Law & Regulation at the Case Western Reserve University School of Law hosted a symposium to further explore how the Roberts Court deals with business issues. Papers from this conference were published in the Case Western Reserve Law Review, and this brief article served as the Introduction for this symposium.

The Disparate Impact Canon, Michael T. Morley

Scholarly Publications

No abstract provided.

Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart

Michigan Journal of International Law

Part I of this article traces the historical trends in the use of expert evidence in international disputes, from the scattered reliance on experts in the nineteenth and early twentieth centuries to the ubiquity of experts in modern disputes. With that perspective, Part II examines how decision makers have attempted to ensure reliability of the expert evidence that is flooding the evidentiary records of international disputes, while Part III outlines the many problems that still remain. Finally, Part IV proposes a non-exhaustive and nonbinding checklist of questions for analyzing the reliability of any type of expert evidence.

Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House

Florida A & M University Law Review

This paper will discuss the rise of the transgender civil rights movement, the problems in the judicial system, and the rights that should be afforded to transgender women. In part one, I will address the LGBTQA civil rights movement led by transgender women. In part two, I will address the transphobia in the prison system. In part three, I will address the lack of visibility of black transgender issues in the current black civil rights movement. In the fourth part, I will address whether there should be certain fundamental rights given to transgender women. In the fifth part of this …

States Of Torture: Debating The Future Of Coercive Interrogation, John T. Parry

Tennessee Law Review

No abstract provided.

#Worstplaintiffever: Popular Public Shaming And Pseudonymous Plaintiffs, Jayne S. Ressler

Tennessee Law Review

Being publicly shamed is, for some, a fate worse than death. This article addresses a tension at the heart of the practice of "popular public shaming" as a social regulatory mechanism. While shaming can be an effective and inexpensive tool to reflect and impart current collective values, it also can deter victims of wrongs from vindicating their rights in court, thereby inhibiting the pursuit of justice. Some legislatures and courts, including the United States Supreme Court, have sought to address this problem by permitting certain rightsholders to bring lawsuits pseudonymously. However, as this article shows, the standards and procedures in …

Firepower To The People! Gun Rights & The Law Of Self-Defense To Curb Police Misconduct, Spear It

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Constitutional Law - The Second Amendment - The Constitutionality Of Prohibiting Firearm Possession By Individuals Previously Committed To A Mental Institution, Spenser F. Powell

Tennessee Law Review

No abstract provided.

The Persistence Of The Confederate Narrative, Peggy Cooper Davis, Aderson Francois, Colin Starger

Tennessee Law Review

Ever since the United States was reconstituted after the Civil War, a Confederate narrative of states' rights has undermined the Reconstruction Amendments' design for the protection of civil rights. The Confederate narrative's diminishment of civil rights has been regularly challenged, but it stubbornly persists. Today the narrative survives in imprecise and unquestioning odes to state sovereignty.

We analyze the relationship, over time, between assertions of civil rights and calls for the protection of local autonomy and control. This analysis reveals a troubling sequence. the Confederate narrative was shamefully intertwined with the defense of American chattel slavery. It survived profound challenges …

Contents

Tennessee Law Review

No abstract provided.

The Unreviewable Executive? National Security And The Limits Of Plenary Power, Shawn E. Fields

Tennessee Law Review

No abstract provided.

The Case Against Prudential Standing: Examining The Courts' Use Of Prudential Standing Before And After Lexmark, Kylie Chiseul Kim

Tennessee Law Review

Through Lujan and Lexmark, Justice Scalia constructed one of his greatest legacies: a sound and manageable definition of standing. However, a threat to this legacy, prudential standing, persists after his death. Lujan defines standing-in simplified terms-as injury, causation, and redressability. Lexmark undermines prudential standing, which exceeds Lujan's definition of standing and which encompasses the rule against assertion of a generalized grievance, assertion of an interest outside the zone of interests protected by the law invoked, and assertion of the right of a third party. Despite these cases, lower courts continue to use prudential standing, confusing standing's definition. Arguing for a …

Editorial Board

Tennessee Law Review

No abstract provided.

America First: Improving A Recalcitrant Immigration And Refugee Policy, M. Akram Faizer

Tennessee Law Review

This paper will discuss the need for developed and mature democracies, such as the United States, to take in substantially more refugees and economic migrants in view of the demand surge for international migration and the obvious humanitarian imperative. It will then argue that this will not happen under the current paradigm, whereby rich-world democracies that allow refugees and economic migrants to settle fail to take adequate measures to ensure safe repatriation and resettlement to migrants' countries of origin. This failure leads to unconsented permanent residency and subsequent naturalization that fuels a backlash by nativists and social conservatives, as evidenced …

Foreword: "The Savage Wars Of Peace", Editors Of The Tennessee Law Review

Tennessee Law Review

No abstract provided.

On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants' Mental Illness And Disability, Sarah Gerwig-Moore

Tennessee Law Review

No abstract provided.

The History Of The Florida Supreme Court, M C. Mirow

Faculty Publications

This article describes the challenges to writing the history of Florida's colonial courts in the Spanish and British periods from 1513 to 1821. These courts are an important yet understudied aspect of Florida legal history.

"No Ordinary Lawsuit": Climate Change, Due Process, And The Public Trust Doctrine, Michael Blumm, Mary Christina Wood

American University Law Review

On November 10, 2016, just two days after the election of President Donald Trump, the federal district court in Oregon handed down Juliana v. United States. This remarkable decision refused to dismiss a lawsuit brought by youth plaintiffs who claimed that the federal government's fossil fuel policies over the years, which have produced an atmosphere with dangerous levels of greenhouse gases (GHGs), violated the federal public trust doctrine (PTD) and their federal constitutional rights to due process and equal protection. The court found a constitutional right to a stable climate system, determining that the PTD was an implicit part of …

Representing The United States Government: Reconceiving The Federal Prosecutor's Role Through A Historical Lens, Scott Ingram

Notre Dame Journal of Law, Ethics & Public Policy

For nearly 100 years courts and legal scholars have held prosecutors to the “justice” standard, meaning that the prosecutor’s first duty is to ensure that justice is done. With this command, prosecutors have increased their discretion. The modern prosecutor’s power is unrivaled in the criminal justice system. Judges and defense attorneys have ceded some of their power to prosecutors. The prosecutor’s power has led a host of commentators to critique prosecutorial use of power for a variety of reasons. Rather than add to this voluminous literature by defending or critiquing prosecutorial power, this Article challenges the underlying assumption of prosecutorial …

Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon

Articles

No abstract provided.

Hybrid Jury Strikes, Aliza Plener Cover

Articles

Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes. But many doubt Batson's efficacy at uncovering latent discrimination. During the 2015-16 term, while recognizing a Batson violation in Foster v. Chatman, the Supreme Court counter-intuitively reinforced this concern. Foster is the rare case in which prosecutors documented in writing their reliance on race. A framework that depends on such transparency is weak and …

Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang

Marquette Law Review

Imagine how our system of criminal justice might look different if one value ascended in the system's hierarchy of values: humility. Day to day, in my work, I do not see much humility among police officers, defense lawyers, prosecutors, probation agents, and judges. This is noteworthy, given how unavoidability uncertain--or at least contestable or close--many of the outcomes in our trial and appellate courts are to an objective eye. Even when the basic facts on guilt are fairly certain, the right sentence often is not. I propose that humility is an essential value that, properly understood, is tied to liberty; …