When The Aba Comes Calling, Let’S Speak The Same Language Of Assessment,
2014
University of Denver
When The Aba Comes Calling, Let’S Speak The Same Language Of Assessment, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
There has been much discussion recently in legal education circles about the need for improvements in assessment. Recently, the American Bar Association has responded by adding an assessment requirement to the accreditation standards, making the subject even more urgent. Because most of us in the legal academy are new to the language and methods of assessment, there have been misunderstandings. And further, because there are different levels of assessment and each level usually has different goals, sometimes the discussion can become confused. It is imperative that we understand the different levels and goals of assessment projects, so we may communicate …
Lights! Camera! Law School?: Using Video Interviews To Enhance First Semester Writing Assignments,
2014
Syracuse University College of Law
Lights! Camera! Law School?: Using Video Interviews To Enhance First Semester Writing Assignments, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research,
2014
Cornell Law Library
Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus
Cornell Law Librarians' Publications
Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.
One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum,
2014
University of Maryland Francis King Carey School of Law
One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene
Faculty Scholarship
Legal writing is more than an isolated practical skill or a law school course; it is a valuable tool for broadening and deepening law students’ and new attorneys’ knowledge and understanding of the law. If experienced legal professionals, both professors and practitioners alike, take a hard look back at their careers, many will no doubt remember how their work on significant legal writing projects advanced their own knowledge of the law and enhanced their professional competence. Legal writing practice helps the writer to gain expertise in a number of ways: first, the act of writing itself promotes learning; second, close …
Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities,
2014
Syracuse University College of Law
Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
Tennessee’S Unique Religious Protections In Employment: Do They Mean What They Say?,
2014
Waller Lansden Dortch & Davis, LLP
Tennessee’S Unique Religious Protections In Employment: Do They Mean What They Say?, Waverly D. Crenshaw Jr., Brian A. Pierce
Belmont Law Review
Tennessee has a long history of strongly held and diverse religious beliefs and practices. Equally firmly established is its “at-will” employment rule that allows businesses to create and control their workforces to maximize operations and profits to the benefit of employers and employees. When an employee’s religious beliefs conflict with his obligations to his employer, state and federal laws resolve the tension. Employees who experience this tension and feel they have been discriminated against based on their religion generally have the choice to bring their claims of discrimination under federal law, state law, or both. Because claims under federal law …
Medicaid Expansion By Any Other Name: Exploring The Feasibility Of Expanded Access To Care In The Wake Of Nfib V. Sebelius,
2014
Tennessee Justice Center
Medicaid Expansion By Any Other Name: Exploring The Feasibility Of Expanded Access To Care In The Wake Of Nfib V. Sebelius, Michele Johnson, Kristin Ware
Belmont Law Review
This Article will examine aspects of the Tennessee Plan for Medicaid coverage in order to make the argument that Tennessee must either accept the Medicaid expansion as codified in the Affordable Care Act, or make modifications to the Tennessee Plan that better comport with the federal waiver program, the central goals of Medicaid, the United States Constitution, and the spirit of cooperative federalism.
Judicial Selection In Tennessee: Deciding “The Decider”,
2014
Dodson Parker Behm & Capparella, PC
Judicial Selection In Tennessee: Deciding “The Decider”, Margaret L. Behm, Candi Henry
Belmont Law Review
This article includes an overview of judicial selection in Tennessee, as well as providing the author's personal perspectives on the subject. The quality of judges and the manner of selecting them matters; this is a basic premise underpinning the rule of law in the United States. From the inception of the United States’ democratic system, the judiciary’s Damoclean Sword has been the threat of subrogation at the hands of the Legislature, and perhaps the easiest way to rattle the sword has been to legislatively interfere with judicial selection — whether by changing the manner of appointment or by simply refusing …
Judicial Panel: Tennessee Legal Reform From A Judicial Standpoint,
2014
Supreme Court of Tennessee - Justice
Judicial Panel: Tennessee Legal Reform From A Judicial Standpoint, Cornelia A. Clark, Martha Craig Daughtrey, William C. Koch Jr.
Belmont Law Review
A transcript of the judicial panel discussion held at the Belmont University College of Law Symposium, "Tennessee Legal Reform."
An Examination Of Federal Sentencing Guidelines’ Treatment Of Mdma (“Ecstacy”),
2014
Independent Lawyer
An Examination Of Federal Sentencing Guidelines’ Treatment Of Mdma (“Ecstacy”), Alyssa Hennig
Belmont Law Review
This Note analyzes the MDMA drug equivalency ratio under the current Guidelines and argues that the ratio is based on incomplete and inaccurate information. Part I of this Note provides an overview of the United States Sentencing Commission (“the Commission”) and the United States Sentencing Guidelines (“the Guidelines”). Part II discusses the rise of MDMA and the legislative response. It also summarizes the Commission’s findings regarding the social and physiological harms of MDMA that formed the basis for the Commission’s decision about the appropriate MDMA drug equivalency ratio. Part III examines the errors in the Commission’s empirical analysis of the …
Whose Rights Should Prevail? Toward A Child-Centric Approach To Revocation Of Birthparent Consent In Domestic Infant Abortion,
2014
Belmont University - College of Law
Whose Rights Should Prevail? Toward A Child-Centric Approach To Revocation Of Birthparent Consent In Domestic Infant Abortion, David L. Thibodeaux
Belmont Law Review
Though overhaul of adoption laws across the United States has been nearly universal, there is still no uniformity among the states in approach to voluntary relinquishment of parental rights: the very issue at the heart of the controversial cases that sparked reform. This Note attempts to track the development of domestic adoption laws as they affect birthparent consent in infant adoptions, the competing policies driving these developments, and the way states have attempted to reconcile that friction. Part I of this Note provides an underpinning of adoption terminology by outlining the actors involved, the basic elements required for infant adoption …
Proactive Protection: How The Idea Can Better Address The Behavioral Problems Of Children With Disabilities In Schools,
2014
Belmont University - College of Law
Proactive Protection: How The Idea Can Better Address The Behavioral Problems Of Children With Disabilities In Schools, Patrick Ober
Belmont Law Review
The Individuals with Disabilities Education Act (“IDEA”) needs to be amended to proactively promote positive behavioral interventions and reduce unnecessary and highly dangerous uses of restraint and seclusion. The IDEA purports to advance these goals, but in reality the relevant provisions of the IDEA require behavioral plans only as a reactionary measure to violent or disruptive behavior. This Note proposes an amendment to the IDEA to address these problems proactively.
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 31 J. Marshall J. Computer & Info. L. 237 (2014),
2014
UIC School of Law
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 31 J. Marshall J. Computer & Info. L. 237 (2014), Adam Florek, Anisha Mehta, Danielle Young, Michael Greene
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 31 J. Marshall J. Computer & Info. L. 251 (2014),
2014
UIC School of Law
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 31 J. Marshall J. Computer & Info. L. 251 (2014), Amany Awad, Kelly O'Neill, Arlo Walsman
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 31 J. Marshall J. Computer & Info. L. 285 (2014),
2014
UIC School of Law
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 31 J. Marshall J. Computer & Info. L. 285 (2014), Sara Schroeder, Austin Hoffman, Becky Fey
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
On Legal Scholarship,
2014
Boston University School of Law
On Legal Scholarship, Danielle K. Citron, Robin West
Shorter Faculty Works
Academic critics contend that legal scholarship is overly argumentative or too “normative,” simply stating what the law should be, as well as what the law is. It isn’t about pure scholarship’s pursuit of knowledge within the discipline of a recognized academic field. Critics from the bar and the judiciary proffer the opposite complaint: legal scholarship is too academic and not professional enough, enamored with fads, unmoored from any discipline and of little use to the practicing lawyer or sitting judge. Law schools’ legions of cost-conscious critics complain that paying high salaries to professors with low course loads drives up tuitions. …
Front Matter,
2014
St. Thomas University College of Law
Front Matter
St. Thomas Law Review
Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 26, Issue 2, Winter 2014.
Reforming Tennessee's Rules Of Appellate Procedure: Separate Notices Of Appeal...Or Not?,
2014
Miller & Martin PLLC
Reforming Tennessee's Rules Of Appellate Procedure: Separate Notices Of Appeal...Or Not?, Robert F. Parsley, Travis R. Mcdonough, Marcia M. Eason
Belmont Law Review
When it comes to the filing of separate notices of appeal, Tennessee’s Rules of Appellate Procedure contain an internal inconsistency. This inconsistency, which has yielded two conflicting and incompatible lines of judicial interpretation, undermines the coherence of Tennessee appellate procedure and poses unfairly contradictory outcomes for similarly situated appellants. To resolve this inconsistency, Tennessee’s Rules of Appellate Procedure should be reformed.
"Made-Whole" Made Fair: A Proposal To Modify Subrogation In Tennessee Tort Actions,
2014
Independent Lawyer
"Made-Whole" Made Fair: A Proposal To Modify Subrogation In Tennessee Tort Actions, John A. Day
Belmont Law Review
This Article proposes the adoption of the “Modified Made-Whole Doctrine Proposal." Part I begins by explaining the roots of the law of subrogation rights and its current jurisprudential inconsistencies. It also explores the relationship between such subrogation rights and the made-whole doctrine in the context of Tennessee tort law as well as how this doctrine would be applied in Tennessee today. Part II briefly outlines some of the general questions regarding Tennessee’s current application of the made-whole doctrine, particularly the unresolved issues surrounding the impact of comparative fault on subrogation rights. These are questions which the author’s suggested Proposal is …
The Future Of Ediscovery In Tennessee,
2014
Cicadya, LLC
The Future Of Ediscovery In Tennessee, Roe Frazer, Marc Jenkins
Belmont Law Review
This Article begins by outlining changes in the modern digital world through an examination of essential laws of computing unfamiliar to most lawyers but crucial to an understanding of the changing landscape of technology and its projected impact on modern society. Part II then applies these principles to the practice of law in the context of electronic discovery, pointing to the challenges posed under the current Rules of Civil Procedure, an ever-increasing overabundance of discoverable data, and the inadequacy of existing technology and processes possessed by the typical lawyer to deal with these challenges. Finally, Part III of this Article …
