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.
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 …
What Might Have Been: 25 Years Of Robert Bork On The United States Supreme Court,
2014
Independent Lawyer
What Might Have Been: 25 Years Of Robert Bork On The United States Supreme Court, Benjamin Pomerance
Belmont Law Review
This Article tries to briefly attempt an answer to what would have happened if Robert Bork had sat on the Supreme Court bench. Part I examines the backgrounds of Judge Bork and Justice Kennedy, and then studies some of the major cases decided by the Court in four key areas — abortion, freedom of speech, the right to bear arms, and civil rights — during the last twenty-five years. Part II then evaluates the voting record of Justice Kennedy in these cases, as well as the views held by Judge Bork — based on Bork’s own writings, on opinions that …
Conveying Titles Clearly: Thoughts On The Fifth Edition Of The Alwd Guide To Legal Citation (Book Review),
2014
University at Buffalo School of Law
Conveying Titles Clearly: Thoughts On The Fifth Edition Of The Alwd Guide To Legal Citation (Book Review), Stephen Paskey
Book Reviews
No abstract provided.
Public Access To Primary Legal Information In China: Challenges And Opportunities,
2014
University of Michigan Law School
Public Access To Primary Legal Information In China: Challenges And Opportunities, Xiaomeng Zhang
Law Librarian Scholarship
Despite a lack of a national legislation that mandates open government information in the People's Republic of China, each major government branch has taken proactive efforts to make primary legal information issued within their power available to the public. A close examination of Chinese official legal information portals on the national level reveal issues such as a lack of uniformity and a lack of access to authenticated primary legal information. This article proposes a solution that would not only offer more consistent guidelines for the government but would empower the public to assert their right to primary legal information more …
Maryland Practice Materials: A Selective Annotated Bibliography,
2014
University of Baltimore School of Law
Maryland Practice Materials: A Selective Annotated Bibliography, Adeen Postar, Khelani Clay
All Faculty Scholarship
This chapter is intended to cover Maryland Law in its entire complexity and for the most part is intended for current use by practitioners. Whenever possible, it includes references to online sources of material, including LexisNexis, Westlaw, and authoritative sites available on the Internet. We have not included references to WestlawNext as many Maryland specific materials have not been included there as this project was concluding in November 2011.
