Articles
Challenging Banned Books: An Analysis of Banning Books Based on Race, Sexual Orientation, and Sexual Identity in Appalachia
By: Maddie Rudge
The First Amendment protects the censorship of speech based on its content. However, there are exceptions to those protections including express incitement, defamation, and obscenity. This article examines the effects of banning books based on race, sexuality, and gender identity, focusing on the Appalachian region.
The ‘Meaningless’ Litigation of No-Poach Agreements
By: Virginia Saylor
Generally, it is illegal for a group of businesses to agree to suppress wages or not to compete for each other’s employees—even if they are partly motivated by a compelling business purpose like reducing labor costs. According to federal guidelines, these so-called naked no-poach and wage-fixing agreements are per se violations of Section 1 of the Sherman Act and subject to criminal prosecutions.Yet, despite great effort, as of December of 2023, the Department of Justice (“DOJ”) has been unable to secure a single conviction.
Tennessee’s Family Leave Provisions are an Insufficient Supplement to the FMLA
By: Keeley Morton
This article evaluates the inadequacies of family leave provisions in Tennessee by comparing the shortcomings of current applicable federal and state legislation with more progressive policies in states like Washington and Maryland. Despite broad public support for paid family leave due to its numerous, supported benefits—including promoting gender equality, enhancing child welfare, and improving workplace productivity—Tennessee’s policies remain insufficient. This analysis presents current shortcomings that predominantly affect women and low-income families, who are disproportionately disadvantaged under the present system. Drawing on comparative legislation and socio-economic impacts, this article advocates for a comprehensive policy for Tennessee families.
“Divisive Concept” Bills: Where Does Tennessee Education Go From Here?
By: Bella Bombassi
Diversity, equity, and inclusion (“DEI”) in higher education institutions stemmed largely from affirmative action. Further, DEI has expanded to most universities and colleges across the country. But, in 2020, this began to shift. Former President Trump signed Executive Order 13950, which identified several “divisive concepts” prohibited from government workplace training. Following this, almost one hundred bills using similar language were proposed. However, these bills were directed toward higher education institutions. Tennessee has signed into law a bill that mirrors Executive Order 1350. While unclear how these laws will be enforced, it has sent a clear message to historically underrepresented communities. Executive Order 1350 and the following bills altered this nation’s political, social, and legal landscape. Following on the heels of these bills, the Supreme Court overturned affirmative action, and this caused the previous landscape to shift even more.
An Unforeseen Condition: The Medicare Drug Price Negotiation Program and its Effects on Pharmaceutical Research, Pricing, and Access
By: Myles A. Roth
The Inflation Reduction Act of 2022 (IRA) aims to lower prescription drug costs for Medicare recipients by requiring the HHS to negotiate prices with pharmaceutical companies. However, the current approach raises concerns about reduced incentives for research and unequal distribution of benefits. To mitigate these issues, the government should rapidly expand the scope of negotiations and focus on private market drug costs.
The Slippery Slopes of Aspen: Publisher Attempts to Monopolize the College Textbook Market through “Inclusive Access” Automatic Textbook Billing
By: Elizabeth Spica, Ph.D.
Three large publishers controlling most of the U.S. college textbook market have introduced Inclusive Access, a digital textbook distribution model, causing concern about potential monopolization. Lawsuits were dismissed, but the analysis reveals missteps in the court’s decisions. Future claimants may avoid pitfalls by emphasizing shared monopoly power and reframing the relevant market to better navigate legal considerations.
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