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Supreme Court Of The United States, October Term 2017 Preview, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.

Florida's Workers Compensation Law: The Pendulum Swings, Ursula Hirsch

Honors Undergraduate Theses

The intent of this paper is to discuss how the recent court rulings on the current workers compensation statutes will impact the rules to Florida’s workers compensation laws.

Workers Compensation system is a social justice system that protects both the employer and employee. Employees that are injured while in the course and scope of their employment give up the right to sue, making workers compensation an exclusive remedy. In exchange for giving up that right, the injured worker receives statutory benefits in a no-fault system.

This paper covers the legislative changes over the years that have impacted the constitutionality of …

Unduly Burdening Women’S Health: How Lower Courts Are Undermining Whole Woman’S Health V. Hellerstedt, Leah M. Litman

Michigan Law Review Online

At the end of the Supreme Court’s 2016 Term, the Court issued its decision in Whole Woman’s Health v. Hellerstedt. One of the more closely watched cases of that Term, Hellerstedt asked whether the Supreme Court would adhere to its prior decision in Planned Parenthood v. Casey, which reaffirmed that women have a constitutionally protected right to decide to end a pregnancy.

The state of Texas had not formally requested that the Court revisit Casey or the earlier decision Casey had affirmed, Roe v. Wade, in Hellerstedt. But that was what Texas was, in effect, asking …

The Rules Of Maternity, Dara E. Purvis

Tennessee Law Review

A diverse body of laws and regulations speaking to reproductive rights, healthcare, criminal punishment of drug use, termination of parental rights, and more creates the rules of maternity. These rules are guidance provided both obliquely and explicitly by the law's coercive power telling women both how to and who should mother. Rule 1 begins in pregnancy, with the message that "your body is your child's vessel." During pregnancy, women are counselled that doctor knows best. After the child's birth, the mother remains responsible for the people who enter a child's life, leading to rule 3: "mothers must always protect." Rule …

Substantive And Procedural Silence, Erin Sheley

Tennessee Law Review

Empirical work shows that perceptions of the procedural fairness of the criminal justice system turns on whether it gives individuals and communities a "voice," or a forum in which to tell their stories. If the system imposes unwanted silence on a party its legitimacy in the eyes of the public decreases. Despite the extensive literature on the many specific applications of silence in the justice system, no attempt has yet been made to break down the relationship between the victim's silence and the defendant's across the disparate doctrines of criminal law, or the importance of these interconnections to the expressive …

Manumission For Chimpanzees, Joyce Tischler, Monica Miller, Steven M. Wise, Elizabeth Stein

Tennessee Law Review

No abstract provided.

A Crime For All Seasons: 18 U.S.C. § 1001 And Counterterrorism, Jeff Breinholt

Tennessee Law Review

No abstract provided.

United Or Untied: On Confronting Presidential Criminality In The Savage Wars Of Peace, Benjamin G. Davis

Tennessee Law Review

No abstract provided.

Trump And Chinese Exclusion: Contemporary Parallels With Legislative Debates Over The Chinese Exclusion Act Of 1882, Stuart Chinn

Tennessee Law Review

Donald Trump's presidential victory in November has prompted much public commentary about American political dynamics and about the future of American democracy. Given these inquiries, this paper is timely in aiming to reexamine, through a comparative historical lens, one of the most prominent parts of Trump's campaign and one of the biggest points of concern among his critics: Trump's campaign rhetoric on immigration. Trump's own flirtation with racist themes is easy to identify in some of his most notable campaign comments regarding Mexican immigrants and Muslim immigrants. And given that these comments were also directed at immigrant constituencies, equally clear …

Animal Consortium, David Favre, Thomas Dickinson

Tennessee Law Review

No abstract provided.

A Model Of First Amendment Decision-Making At A Divided Court, Kyle Langvardt

Tennessee Law Review

On First Amendment issues, today's Supreme Court is arguably the most protective in the institution's history. But the apparent libertarian consensus masks a surprisingly deep disagreement about methodology. The Court's Republican Justices prefer an austere, formal approach in which logical conclusions are pursued to the furthest reach. The Court's Democratic Justices, on the other hand, would follow a more complex, contextual approach in which rules and standards are often custom-tailored to narrow factual domains.

This Article models that divide. I demonstrate that the Court's First Amendment case law over the past three decades has conformed to a small set of …

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

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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.