Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (37)
- Criminal Law (20)
- Constitutional Law (19)
- Education Law (13)
- First Amendment (12)
-
- Administrative Law (10)
- Environmental Law (10)
- Criminal Procedure (8)
- Immigration Law (6)
- Intellectual Property Law (5)
- Legal Education (5)
- International Law (4)
- Civil Procedure (3)
- Election Law (3)
- Civil Rights and Discrimination (2)
- Disability Law (2)
- Entertainment, Arts, and Sports Law (2)
- Family Law (2)
- Law and Race (2)
- Legal History (2)
- Legal Profession (2)
- Religion Law (2)
- State and Local Government Law (2)
- Supreme Court of the United States (2)
- Torts (2)
- Animal Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Keyword
-
- First Amendment (27)
- Health law (26)
- Tennessee (11)
- Administrative Law (10)
- Constitutional Law (9)
-
- Environmental Law (9)
- Free Speech (9)
- Copyright Law (7)
- Plea Bargaining (7)
- Professional Responsibility (7)
- Community healthcare (6)
- Criminal law (6)
- Education Law (6)
- Plea bargaining (6)
- Public health (6)
- Education (5)
- Health care, healthcare (5)
- Immigration Law (5)
- Sustainable public health (5)
- Title VII (5)
- United States (5)
- United States Constitutional Law (5)
- ADA (4)
- Affordable Care Act (4)
- Criminal Law (4)
- Florida (4)
- HIPAA (4)
- Innocence (4)
- Law and legislation (4)
- Patient Protection and Affordable Care Act (4)
- Publication Year
- Publication
- Publication Type
Articles 181 - 210 of 382
Full-Text Articles in Legal Writing and Research
Prosecutorial Ethics And Wrongful Convictions, Victor (Torry) S. Johnson
Prosecutorial Ethics And Wrongful Convictions, Victor (Torry) S. Johnson
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Victor S. (Torry) Johnson former District Attorney General for Davidson County and current visiting Professor of Law at Belmont University College of Law. Today, we are going to talk about lessons from wrongful convictions. We are going to look at the historical contexts of wrongful convictions. We will examine some of the main factors that seem to exist in some of the important cases that illustrate those wrongful convictions. We will also talk about the possible causes and look at the role that lawyers play, regardless of which side of …
Belmont Criminal Law Journal Symposium 2017: Judicial Panel, Jeffery S. Bivins, Joseph A. Woodruff, Timothy L. Easter, Angelita B. Dalton
Belmont Criminal Law Journal Symposium 2017: Judicial Panel, Jeffery S. Bivins, Joseph A. Woodruff, Timothy L. Easter, Angelita B. Dalton
Belmont Criminal Law Journal
Transcript of the Judicial Panel given during the 2017 Symposium featuring Chief Justice Jeffrey S. Bivins, Judge Joseph A. Woodruff, Judge Timothy L. Easter, and Judge Angelita B. Dalton.
Title Ix From A Coordinator's Perspective, Kathy Hargis, Stephanie Roth
Title Ix From A Coordinator's Perspective, Kathy Hargis, Stephanie Roth
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Title IX Coordinators Kathy Hargis and Stephanie Roth giving a sense of what exactly Title IX provides for and what the scope of Title IX is.
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Mary Margaret "Meg" Penrose
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Mary Margaret "Meg" Penrose
Belmont Criminal Law Journal
Sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising fairness to all involved.
Perspectives On Title Ix From A General Counsel's Office, Laurence Pendleton, Jeff Farrar
Perspectives On Title Ix From A General Counsel's Office, Laurence Pendleton, Jeff Farrar
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Laurence Pendleton who serves as University Counsel and Secretary to the Board of Trustees at Tennessee State University and Jeff Farrar who serves as the Associate University Counsel for Middle Tennessee State University discussing the role of the Department of Education in providing recommendations and advice to universities and the role of an attorney in the general counsel's office in interacting with Title IX.
Prosecuting And Defending Campus Assaults: Practitioners' Perspectives, Victor (Torry) S. Johnson, Richard Mcgee
Prosecuting And Defending Campus Assaults: Practitioners' Perspectives, Victor (Torry) S. Johnson, Richard Mcgee
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Victor S. (Torry) Johnson former District Attorney General for Davidson County and current Visiting Professor of Law at Belmont University College of Law and Richard McGee a criminal defense lawyer in Nashville, Tennessee in the Public Defender’s Office giving a practitioner's perspective on prosecuting and defending campus assaults.
Criminal Law In Practice Series: Jury Selection, Rob Mcguire
Criminal Law In Practice Series: Jury Selection, Rob Mcguire
Belmont Criminal Law Journal
Transcript of a presentation given during the Criminal Law in Practice Series by Rob McGuire who currently serves as Assistant United States Attorney for the Middle District of Tennessee and an adjunct professor at Belmont University College of Law speaking on Jury Selection.
Criminal Law In Practice Series: Appellate Procedure Panel, Leslie Price, Jeff Devasher
Criminal Law In Practice Series: Appellate Procedure Panel, Leslie Price, Jeff Devasher
Belmont Criminal Law Journal
Transcript of a presentation given during the Criminal Law in Practice Series by Leslie Price with the Tennessee Attorney General’s Office and Jeff DeVasher with the Nashville Public Defenders Office discussing some appellate law issues.
State Of Tennessee V. Antoine Perrier, Nickolas Bolduc, Dakota Dexter
State Of Tennessee V. Antoine Perrier, Nickolas Bolduc, Dakota Dexter
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Antoine Perrier”. The law now holds that the Tennessee legislature intended that the phrase “not engaged in unlawful activity” contained in the self-defense statute constitutes a condition on an individual’s privilege to not retreat prior to exercising self-defense. Next, the trial court now possesses the duty of determining whether a defendant was engaged in unlawful activity at the time of the alleged self-defense as to negate the applicable instruction. Those holdings are the newest additions to Tennessee law.
State Of Tennessee V. Sedrick Clayton, Amanda Gentry, Kendahl Shoemaker
State Of Tennessee V. Sedrick Clayton, Amanda Gentry, Kendahl Shoemaker
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Sedrick Clayton”. All defendants charged with crimes deserve a competent and rigorous defense because of the higher stakes in a criminal matter, the loss of liberty, and none more so than in a capital punishment case where the stakes for the defendant are at the highest—the loss of life. This case and the Court’s subsequent analysis illustrates the incredible importance of compliance with all procedural requirements when mounting a defense on behalf of a defendant, as the failure to comply with certain procedural rules ultimately resulted in the …
Anything You Spit Can Be Use Against You, Juliana Lamar
Anything You Spit Can Be Use Against You, Juliana Lamar
Belmont Criminal Law Journal
Rap lyrics have a high probative value when the lyrics tend to show a defendant’s destructive behavior and confrontational mindset, but the use of this evidence can be highly prejudicial to criminal defendants. Studies have shown graphic evidence leads jurors to experience negative emotional states, and to analyze evidence in accordance with those feelings. This suggests that if a defendant’s profane and violent lyrics are presented before the jury, there is a strong likelihood the jury will react more to the words in the lyrics in characterizing the defendant, rather than the defendant’s case as a whole. To avoid the …
State Of Tennessee V. Kevin E. Trent, Ben Raybin, Juliana Lamar
State Of Tennessee V. Kevin E. Trent, Ben Raybin, Juliana Lamar
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Kevin E. Trent”. The central holding vacating the sentence in this case did not establish a new doctrine of law but merely reiterated the holding in Travis that the essential elements of the offense alone cannot justify denial of probation in a probation-eligible offense. The Trent decision should be viewed by trial judges and practitioners primarily as a reminder of that principal. On the other hand, the court broke some new ground in appellate review. Prior decisions established that appellate courts can only uphold a sentence if the …
The Gap Between Martinez And Davila: Serving The Next Generation Of Federal Habeas Corpus Cases, Lexie Ward
The Gap Between Martinez And Davila: Serving The Next Generation Of Federal Habeas Corpus Cases, Lexie Ward
Belmont Criminal Law Journal
During the summer of 2017, the United States Supreme Court announced a decision in Davis v. Davila, which bars substantial claims of ineffective assistance of appellate counsel that have been procedurally defaulted. However, despite the merits of limiting the number of cases which were not diligently pursued by an inmate, the Court states its conclusion too broadly and now effectively bars a prisoner from bringing claims of significant trial error in front of any court. A prisoner’s claim that was not available until a trial-level appeal, and was then avoided due to ineffective post-conviction counsel, may now be dodged by …
#Iceoffourcampus: The Liability And Responsibility Of Colleges And Universities For The Educational Attainment Of Dreamers, David H.K. Nguyen
#Iceoffourcampus: The Liability And Responsibility Of Colleges And Universities For The Educational Attainment Of Dreamers, David H.K. Nguyen
Belmont Law Review
This law review article will: (1) examine the current state of affairs in educational attainment of undocumented students, (2) examine the federal and state policies that impact higher education access to undocumented students, including, but not limited to, state legislation, state action, institutional policies, and federal executive orders, and (3) provide a history of the sanctuary movement, an examination of various campus sanctuary policies, and an analysis of the legality of this debate. By understanding this policy maze and the lack of federal intervention for comprehensive immigration reform, this background forms the foundation to examine the liability and responsibility of …
Capitán América: The Impact Of Trips On The Cultural Trade Balance In Latin America, Laurann Johnson Kirschner
Capitán América: The Impact Of Trips On The Cultural Trade Balance In Latin America, Laurann Johnson Kirschner
Belmont Law Review
This Note will discuss the cultural implications of TRIPS-mandated copyright structures on developing countries in Latin America and suggest implementation of co-production schemes across the region which will capitalize on Latin American countries’ particular strengths in common language and cultural proximity. Part I will discuss the terms of TRIPS itself, and shed light on how it changed the landscape of trade in cultural goods around the world. In turn, Part II will demonstrate how TRIPS contributes to the homogenization of cultural goods consumption by making it increasingly expensive for developing countries to compete on the world market, thereby creating an …
Presidential Powers, Immunities, And Pardons, Alberto R. Gonzales
Presidential Powers, Immunities, And Pardons, Alberto R. Gonzales
Law Faculty Scholarship
This Article intends to clarify some of the more difficult legal issues in our nation’s separation of powers jurisprudence. In order to afford the President the flexibility and discretion necessary to discharge presidential duties, the courts are almost certainly going to recognize total immunity from the criminal process for the President with respect to official conduct. The treatment of unofficial conduct is less predictable. Based on precedent and our nation’s founding principles of equal justice and fairness, the courts are likely to hold that a sitting President is not above the law and thus does not enjoy immunity from criminal …
It Is A Mindboggling Dilemma: To Play Or Not To Play Youth Sports Due To Concussion Risks?, Tracey Carter
It Is A Mindboggling Dilemma: To Play Or Not To Play Youth Sports Due To Concussion Risks?, Tracey Carter
Law Faculty Scholarship
Concussions and their long term effects resulting from football collisions have recently entered the forefront of social debate. Movies like Concussion as well as high-profile lawsuits due to post-concussion health effects have casted a spotlight on brain injuries at the collegiate and professional level. However, this debate has equal application in youth sports—recent studies show that sports-related concussions at the elementary, middle, and high school levels are equally concerning. Youth sports are safer when fewer athletes suffer from sports-related concussions. But litigation is not the best avenue to make youth sports safer. Youth sports can be improved by: 1) primary …
Law Schools, Bar Passage, And Under And Over-Performing Expectations, Jeffrey S. Kinsler, Jeffrey Omar Usman
Law Schools, Bar Passage, And Under And Over-Performing Expectations, Jeffrey S. Kinsler, Jeffrey Omar Usman
Law Faculty Scholarship
The focus of this article is to build a foundation for exploring whether there is a meaningful solution to help address the bar passage problem that can be found looking to the legal education programs of law schools that are particularly successful in preparing students to pass the bar exam. To accomplish this aim, a critical and essential step is to begin to identify the law schools that are adding the most in terms of assisting their students to pass the bar exam. That first critical step is the step taken by this article. A common-sense assumption, which finds support …
Title Ix Policy Changes From An Administrative Law Perspective, Amy Moore
Title Ix Policy Changes From An Administrative Law Perspective, Amy Moore
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Amy Moore looking at administrative law for a better handle on how to treat all of the documents that come along with Title IX, that interpret the pieces. There are a lot of pieces of Title IX, and a lot of different types of documents, but this presentation focuses on the sexual harassment guidance documents.
Attorney Advertising In 'The Litigators' And Modern-Day America: The Continued Importance Of The Public's Need For Legal Information, David L. Hudson Jr.
Attorney Advertising In 'The Litigators' And Modern-Day America: The Continued Importance Of The Public's Need For Legal Information, David L. Hudson Jr.
Law Faculty Scholarship
This Essay addresses the phenomenon of attorney advertising from several vantage points. Part II of the Essay addresses how best-selling author John Grisham depicts attorney advertising in his great book The Litigators. Part III discusses the legal framework of how the U.S. Supreme Court protected attorney advertising as a form of protected commercial speech. Part IV addresses how the states and bar regulators have treated attorney advertising. Finally, Part V addresses the recent Association of Professional Responsibility Lawyers Report and the American Bar Association’s proposed changes to the ABA Model Rules of Professional Conduct regarding attorney advertising. Part V briefly …
Thirty Years Of Hazelwood And Its Spread To Colleges And University Campuses, David L. Hudson Jr.
Thirty Years Of Hazelwood And Its Spread To Colleges And University Campuses, David L. Hudson Jr.
Law Faculty Scholarship
This Article first examines K-12 student speech law before Hazelwood School District v. Kuhlmeier and then discusses the Hazelwood decision. Next, the article focuses on the spread of Hazelwood and its deferential standard to the college and university level. This section examines cases from five different areas where the standard has been utilized with increasing frequency. Finally, the Article offers a few concluding thoughts on the Hazelwood standard and why it should be limited, if not interred.
First Amendment Tests From The Burger Court: Will They Be Flipped?, David L. Hudson Jr.
First Amendment Tests From The Burger Court: Will They Be Flipped?, David L. Hudson Jr.
Law Faculty Scholarship
This article provides an overview of the Lemon test, Miller test, and the Central Hudson test, assessing how they fared in subsequent years, and offers thoughts on their continuing vitality.
Losing The Spirit Of Tinker V. Des Moines And The Urgent Need To Protect Student Speech, David L. Hudson Jr.
Losing The Spirit Of Tinker V. Des Moines And The Urgent Need To Protect Student Speech, David L. Hudson Jr.
Law Faculty Scholarship
This essay first examines the Tinker case and reminds readers of the powerful language Justice Fortas used in his majority opinion. It explains that the test from Tinker was designed to be a speech-protective standard for student litigants. The second part of the essay evaluates several recent cases, which demonstrate that the once speech-protective standard in Tinker has become a test that is often favorable and deferential to school officials embroiled in student, free-speech controversies.
Essay: Justice Thurgood Marshall, Great Defender Of First Amendment Free-Speech Rights For The Powerless, David L. Hudson Jr.
Essay: Justice Thurgood Marshall, Great Defender Of First Amendment Free-Speech Rights For The Powerless, David L. Hudson Jr.
Law Faculty Scholarship
This essay explains that Justice Thurgood Marshall’s passionate defense of freedom of expression can be seen most clearly in his defense of free-speech rights even when the government acts not as sovereign, but as warden, employer, or educator. In other words, Marshall’s commitment to free-speech is shown most forcefully by how he consistently protected the free-expression rights of inmates, public employees, and public school students.
From Guns That Do Not Shoot To Foreign Staplers: Has The Supreme Court's Materiality Standard Under Escobar Provided Clarity For The Health Care Industry About Fraud Under The False Claims Act?, Deborah R. Farringer
From Guns That Do Not Shoot To Foreign Staplers: Has The Supreme Court's Materiality Standard Under Escobar Provided Clarity For The Health Care Industry About Fraud Under The False Claims Act?, Deborah R. Farringer
Law Faculty Scholarship
As federal district courts and courts of appeals attempt to apply the Supreme Court’s dictates in Universal Health Services, Inc. v. U.S. ex rel. Escobar, it is necessary to ask whether the Court succeeded in easing the complexity of this aspect of the Federal Claims Act (FCA). Have lower courts been able to consistently apply the new standards to assess materiality? Or, has the opinion, which arguably both broadened and narrowed application of the implied false certificate theory and when liability might attach, further muddied the waters for courts and parties attempting to determine whether behavior is of the sort …
The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?, Deborah R. Farringer
The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?, Deborah R. Farringer
Law Faculty Scholarship
Since the advent of the movement toward the use of electronic medical records, an axiom in the promotion of electronic health records (EHRs) has been the idea that the use of EHRs will reduce medical errors. Certainly, there are countless examples of how technology can improve the health care experience and aid providers in reducing medical errors, including errors of medication administration, medication management, access to decision support tools, telemedicine, immediate access to diagnostic tests and other clinical information and treatment results—just to name a few. Even with such improvements, however, EHRs have not entirely eliminated medical errors and new …
Even When You Win, You Lose: Executive Order 13769 & The Depressing State Of Procedural Due Process In The Context Of Immigration, Amy L. Moore
Law Faculty Scholarship
This Article examines the procedural due process implications of Executive Order 13769, the 2017 “travel ban,” within the broader historical framework of Supreme Court immigration jurisprudence. Although the Ninth Circuit suggested that the Order might violate procedural due process, the Article argues that such a claim, even if successful, would offer limited substantive protection. Tracing the development of the plenary power doctrine from Chae Chan Ping through Knauff, Mezei, Fleuti, Plasencia, and Zadvydas, the Article demonstrates that procedural due process in immigration law has historically been constrained by deference to the political branches. Even when …
Stringent Yet Flexible: Circuit Courts' Use Of The Substantial Evidence Test In Asylum Cases, Amy L. Moore
Stringent Yet Flexible: Circuit Courts' Use Of The Substantial Evidence Test In Asylum Cases, Amy L. Moore
Law Faculty Scholarship
This Article examines how federal circuit courts apply the substantial evidence test when reviewing asylum determinations made by immigration judges and the Board of Immigration Appeals. After outlining the statutory framework governing asylum under the Immigration and Nationality Act—including refugee status, nexus requirements, credibility determinations, and discretionary relief—the Article traces the historical development of the substantial evidence standard in immigration adjudication. Drawing on original empirical data from every circuit court of appeals, the Article categorizes circuits along a spectrum from “rigorous review” to “cursory check,” based on remand rates and depth of analytical engagement. The study evaluates how statutory changes, …
Challenges Of Multi-State Series And Framework For Judicial Analysis, Alberto R. Gonzales, J. Leigh Griffith
Challenges Of Multi-State Series And Framework For Judicial Analysis, Alberto R. Gonzales, J. Leigh Griffith
Law Faculty Scholarship
A variation of the common limited liability company (LLC) represents the newest form of entity enterprise on the business scene today. This is the Series Limited Liability Company (Series LLC). Under a Series LLC, the single LLC may establish and contain within itself separate series or cells. These cells or series are referred to by the Drafting Committee for the Limited Liability Company Protected Series Act of the National Conference of Commissioners on Uniform State Laws (NCCUSL) as “Protected Series.” Each such separate Protected Series is treated as an enterprise separate from each other and from the Series LLC itself. …
Police-Worn Body Cameras: An Antidote To The 'Ferguson Effect'?, Alberto R. Gonzales, Donald Q. Cochran
Police-Worn Body Cameras: An Antidote To The 'Ferguson Effect'?, Alberto R. Gonzales, Donald Q. Cochran
Law Faculty Scholarship
You are a police officer working the night shift in a major U.S. city. In the dark hours of the early morning, you come across a group of young males in a part of the city known for criminal activity. When they see your patrol car, the young men stop what they are doing and look away quickly. All of your training, as well as the instincts that you have developed over years patrolling these same streets, tells you to stop and at least attempt to start a conversation with the group to determine whether criminal activity is afoot and …