Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives,
2018
University of South Carolina
Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon
Belmont Law Review
While several court rulings have recognized parental rights over education to varying degrees, the emergence of a common public school agenda has led to an increasing establishment of barriers limiting opportunities for parents to exercise their rights and control over the upbringing of their children via school choice initiatives. Parental rights and the exercise of choice are further complicated and restricted for parents of students with disabilities. Although the right to an education is protected under the Individuals with Disabilities in Education Act (IDEA), parental choice is recast as parental participation in the educational decisions affecting children with disabilities. In …
Oral Argument: Transformation, Troubles, And Trends,
2018
Tennessee Workers' Compensation Appeals Board
Oral Argument: Transformation, Troubles, And Trends, Marshall L. Davidson Iii
Belmont Law Review
This article explores the dynamic transformation of oral argument from early in American history, its markedly changed significance relative to briefs, and where trends and innovative ideas, including some recently taking root in Tennessee, may take this enduring tradition in the future. To understand the transformation of oral argument and contemporary attitudes about it, one must be familiar with its origins and the crucial role it played in the decision-making process in England and in the formative years of the United States.
Metropolitan Nashville Board Of Public Education Panel Discussion,
2018
Metro Nashville School Board
Metropolitan Nashville Board Of Public Education Panel Discussion, Sharon Gentry, Christiane Buggs, Will Pinkston, Mary Pierce
Belmont Law Review
Five Members of the Metropolitan Nashville Board of Public Education participate in a panel discussion on the current state of K-12 Education in Tennessee.
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments,
2018
Belmont University - College of Law
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford
Belmont Law Review
Part I highlights the inadequacies and inefficiencies of our Medicare payment system, focusing on the initiatives currently in place and the susceptibilities that persist. Part II offers a broad overview of the development, importance, features, and collateral technologies surrounding blockchain. Part III posits that Congress and HHS, through its various subsidiary agencies, should work in tandem with private stakeholders to create and/or implement a blockchain-based infrastructure to facilitate federal healthcare payments and support future growth of quality-based initiatives. This Note concludes with a recommendation for future agency research focusing on the viability and cost efficiency of a blockchain solution.
Pursing The Guilty And Protecting The Innocent Through Smart Prosecution,
2018
District Attorney General - Memphis, TN
Pursing The Guilty And Protecting The Innocent Through Smart Prosecution, Amy Weirich
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by General Amy Weirich, who serves as the District Attorney General for the 30th Judicial District in Memphis, Tennessee. She speaks about what district attorneys do and also, the big question posed: “If I could change one thing about the criminal justice system, what would that be?”. She starts by providing background on how the office in Shelby County, Tennessee, works and how most DA’s offices work around the nation and moves on to Shelby County's pilot of vertical prosecution including community policing, community prosecution and hopeful implementation of community …
It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner,
2018
Ritchie, Dillard, Davies, & Johnson, P.C.
It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner, Wade Davies
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Wade Davies a partner at Ritchie Dillard Davies & Johnson in Knoxville, Tennessee. You should never assume that you know how to do something no matter how long you have been practicing law. One of the best things you can do if you’re trying cases, no matter how long you’ve been doing it, is to take out the rule book and re-read the Rules of Evidence and the Rules of Criminal Procedure. When you read the rules in a different context when you’re working on different cases, reconsidering the rules …
Public Defense In Tennessee: Public Pretense?,
2018
Nashville-Davidson County Metropolitan Public Defender's Office
Public Defense In Tennessee: Public Pretense?, Dawn Deaner
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Dawn Deaner the Metropolitan Public Defender for Nashville-Davidson County. Today I will talk about the problems I see in Tennessee, and some solutions that could help. I am a public defender, and I am going to talk about public defense in Tennessee from a public defender’s perspective. I will touch upon ideals of equality, justice, fairness, and ethics. I will also touch on our legal duty, as well as our moral duty as people who care, hopefully, about equal justice in this country.
Prosecutorial Ethics And Wrongful Convictions,
2018
Belmont University - College of Law
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,
2018
Supreme Court of Tennessee - Chief Justice
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,
2018
Lipscomb University
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,
2018
Texas A&M University School of Law
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,
2018
Tennessee State University
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,
2018
Belmont University - College of Law
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,
2018
Belmont University - College of Law
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,
2018
Tennessee Attorney General’s Office
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,
2018
Belmont University - College of Law
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,
2018
Belmont University - College of Law
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,
2018
Belmont University - College of Law
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 …
How Defendant Characteristics Affect Sentencing And Conviction In The Us,
2018
University of Central Florida
How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli
Honors Undergraduate Theses
This research study analyzes whether or not there is any relationship between sentencing and conviction and certain defendant characteristics in the US legal system. In the midst of a time where the nation is strongly divided politically, the topic is often the center of research projects and discussions in academic journals. Specifically, this research explores the 3 characteristics- race, gender, and socioeconomic status. Within this article, multiple case studies from other journals are cited in which research and experiments have suggested that these factors do have influence on both whether or not a defendant gets convicted or for how long …
My Year Of Citation Studies, Part 3,
2018
University of Washington School of Law
My Year Of Citation Studies, Part 3, Mary Whisner
Librarians' Articles
In this third installment examining citation studies, Ms. Whisner looks at five articles from each of a sample of twenty-three journals published in 1982, and discovers some surprising results.
