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Volume 12, Issue 2 (Winter 2018) Tennessee Journal of Law and Policy Volume 12 Issue 2 (Winter 2018) Article 1 January 2018 Volume 12, Issue 2 (Winter 2018) Follow this and additional works at: https://trace.tennessee.edu/tjlp Part of the Law and Politics Commons Recommended Citation (2018) "Volume 12, Issue 2 (Winter 2018)," Tennessee Journal of Law and Policy: Vol. 12 : Iss. 2 , Article 1. Available at: https://trace.tennessee.edu/tjlp/vol12/iss2/1 This Full Issue is brought to you for free and open access by Volunteer, Open Access, Library Journals (VOL Journals), published in partnership with The University of Tennessee (UT) University Libraries. This article has been accepted for inclusion in Tennessee Journal of Law and Policy by an authorized editor. For more information, please visit https://trace.tennessee.edu/tjlp. TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 | WINTER 2018 | ISSUE 2 The TENNESSEE JOURNAL OF LAW AND POLICY is published semi-annually and edited by students of The University of Tennessee College of Law. The publisher is the TENNESSEE JOURNAL OF LAW AND POLICY, 1505 West Cumberland Avenue, Knoxville, Tennessee 37996-1810. The subscription rate is $24.00 per volume or $12.00 per single issue. Unless notice to the contrary is received, the TENNESSEE JOURNAL OF LAW AND POLICY assumes that a renewal of the subscription is desired. All claims of non-receipt of an issue should be made within six months of date of publication if claimant wishes to avoid paying for the missing issue. To order back issues, contact William S. Hein & Co., Inc. at 1285 Main Street, Buffalo, New York 14209-1987, or call toll free at (800) 828-7571. POSTMASTER: Send address changes to TENNESSEE JOURNAL OF LAW AND POLICY, 1505 West Cumberland Avenue, Knoxville, Tennessee 37996-1810. Copyright © 2018, TENNESSEE JOURNAL OF LAW AND POLICY, The University of Tennessee College of Law. All Rights Reserved. ISSN 1940-4131 http://www.tennesseelawandpolicy.org [151] 1 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 | WINTER 2018 | ISSUE 2 THE UNIVERSITY OF TENNESSEE COLLEGE OF LAW ADMINISTRATION MELANIE D. WILSON Dean of the College of Law Lindsay Young Distinguished Professor of Law ALEX B. LONG Associate Dean for Academic Affairs Doug Blaze Distinguished Professor of Law KATRICE W. JONES MORGAN Assistant Dean for Student Affairs PENNY J. WHITE Director of the Center for Advocacy and Dispute Resolution Interim Director of Clinical Programs Elvin E. Overton Distinguished Professor of Law THE UNIVERSITY OF TENNESSEE ADMINISTRATION BEVERLY DAVENPORT Chancellor JOHN ZOMCHICK Interim Provost Senior Vice Chancellor [152] 2 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 | WINTER 2018 | ISSUE 2 2017–2018 EDITORIAL STAFF EDITORIAL BOARD E. ALAN GROVES REBECCA LEDESMA Editor in Chief Managing Editor HALEY LANIGAN ANDREW SCHRACK Executive Editor Publications Editor KATIE DEAN BRIAN WILSON Articles Editor Articles Editor ZACHARY CARDEN JACOB T. HAYES Research Editor Research Editor ANDREA BENNETT-PUNKE MICHAEL DEEL Candidacy Process Editor Symposium Editor EDITORS ASHTON BANTA DAVIN KELLAR BRITTANI BROOKS JOHN KENY CADEE CODY RAINEY LANKFORD KAMERON DAWSON KEVIN MCNELIS CHRISTOPHER DUNBAR HAYDEN SHORT MATTHEW HUFFER TYLER SIMS FACULTY ADVISOR BRADLEY A. AREHEART Associate Professor of Law [153] 3 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 | WINTER 2018 | ISSUE 2 [154] 4 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 | WINTER 2018 | ISSUE 2 CONTENTS TRIBUTE A TRIBUTE TO PROFESSOR PENNY WHITE E. Alan Groves 157 ARTICLES JUDICIAL HOT POTATO: AN ANALYSIS OF BIFURCATED COURTS OF LAST RESORT IN TEXAS AND OKLAHOMA Brent M. Hanson 161 THE DECLINE OF CIVIL DISCOURSE AND THE RISE OF EXTREMIST DEBATE: WORDS MATTER Timothy W. Conner 213 THE CASE FOR COMPLICITY-BASED RELIGIOUS ACCOMMODATIONS Joshua J. Craddock 233 COMMENT THE ILLUSORY CONSTITUTIONAL PROTECTION OF “NO TRESPASSING” SIGNS IN TENNESSEE: STATE V. CHRISTENSON, 517 S.W.3D 60 (TENN. 2017). Rainey Lankford 287 Publication of contributions does not signify adoption of the views expressed therein by the TENNESSEE JOURNAL OF LAW AND POLICY, its editors, faculty advisors, or The University of Tennessee. [155] 5 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 | WINTER 2018 | ISSUE 2 [156] 6 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 WINTER 2018 ISSUE 2 TRIBUTE A TRIBUTE TO PROFESSOR PENNY WHITE E. Alan Groves* In August 2017, Professor Penny White1 stepped down from her position as faculty advisor to the Tennessee Journal of Law and Policy. On behalf of the journal’s editors, I write to express our warmest thanks and deepest appreciation for Professor White’s steadfast commitment to the journal and its members, both past and present. Professor White’s relationship with the Tennessee Journal of Law and Policy dates back to the journal’s founding in 2004 when she agreed to serve as one of the journal’s original faculty advisors. As a former Tennessee Supreme Court justice, a successful former litigator, and an accomplished academic, Professor White brought a wealth of experience to the journal. She shared this experience by helping the journal with fundraising, * J.D. Candidate, May 2018, The University of Tennessee College of Law. 1 Penny White serves The University of Tennessee College of Law in three different capacities: She is the E.E. Overton Distinguished Professor of Law, the Director of the Center for Advocacy and Dispute Resolution, and the Interim Director of Clinical Programs. [157] 7 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 | WINTER 2018 | ISSUE 2 article solicitation, and publishing a written work of her own.2 Further, Professor White has been instrumental in allowing the Tennessee Journal of Law and Policy to co-host an annual symposium with the College of Law’s Center for Advocacy and Dispute Resolution. Each year, the journal invites professionals from various academic disciplines to speak about contemporary issues in law and public policy. The annual symposium continues to ignite the imagination of the campus community and provides journal members with unique opportunities to interact with policy experts and well-respected members of the bench and bar. These annual events are made possible by the vision of Professor White, the administrative support of her assistant Jenny Lackey, and the financial support of the Center for Advocacy and Dispute Resolution. Finally, Professor White has served as a remarkable mentor and role model for the student editors of the journal. Students who have served as Editor in Chief or Symposium Editor have personally witnessed the time and energy Professor White has invested in the journal. These students have also witnessed the grace and humility with which Professor White conducts her daily affairs; she does not lord her titles over students or colleagues, and, no matter how busy she is, Professor White always makes time to meet with students in her office. To everyone on campus, Professor White is known for her strength, her integrity, and (most of all) her love for people. Thus, it is with sad hearts that the editors of the Tennessee Journal of Law and Policy bid farewell to our longtime faculty advisor. Of course, we will no doubt 2 See generally Penny White, If it Ain’t Broke, Break it—How the Tennessee General Assembly Dismantled and Destroyed Tennessee’s Uniquely Excellent Judicial System, 10 TENN. J.L. & POL’Y 329 (2015). [158] 8 A TRIBUTE TO PROFESSOR PENNY WHITE 12 TENN. J.L. & POL’Y 157 (2018) continue to learn from Professor White in clinics and in the classroom, and we will forever be touched by the example of her life and her legacy in the law. Turning the page, we now look forward to continuing this journal’s tradition of excellence under the supervision of our current faculty advisor, Professor Bradley A. Areheart. [159] 9 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 | WINTER 2018 | ISSUE 2 [160] 10 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 WINTER 2018 ISSUE 2 ARTICLE JUDICIAL HOT POTATO AN ANALYSIS OF BIFURCATED COURTS OF LAST RESORT IN TEXAS AND OKLAHOMA Brent M. Hanson* I. History 166 A. Texas 166 1. Pre-Civil War 166 2. Reconstruction 167 a. Constitution of Texas (1866) 168 * Brent M. Hanson received his Juris Doctor from the University of Pennsylvania Law School, magna cum laude. He also holds a bachelor’s degree in political science from California State University, Fresno, summa cum laude. He currently practices commercial and securities litigation in Houston, Texas as an Associate at Skadden, Arps, Slate, Meagher & Flom LLP. He has graciously accepted a clerkship with the Honorable Leslie H. Southwick of the U.S. Court of Appeals for the Fifth Circuit in 2018. He would like to thank his wife, Kyle Hanson, for all her support; his professors Amy Wax and Cathy Struve, who provided much needed direction, criticism, and guidance; and the editors of the Tennessee Journal of Law and Policy for their diligent work and helpful suggestions. The views expressed in this Article are his own, and do not necessarily reflect the views of Skadden Arps or any one or more of its clients, nor do they necessarily reflect the views of Judge Southwick. [161] 11 TENNESSEE JOURNAL OF LAW AND POLICY VOLUME 12 | WINTER 2018 | ISSUE 2 b. Constitution of 1869 169 c. Constitution of 1876 170 3. Amendments to 1876 Constitution 172 a. 1891 Amendment 172 b. Trial Courts in Texas 173 c. Amendments Since 1891 Regarding the Structure and Function of the Appellate Courts in Texas 175 B. Oklahoma 176 1. 1907 Constitution 176 2. 1967 Amendment to the 1907 Constitution 177 3. Current Operation 180 II. Current Issues in Jurisdiction 182 A. Texas 182 B. Oklahoma 192 III. Attempts to Eliminated Bifurcated Courts 201 A. Texas 201 B. Oklahoma 202 IV. Analysis 202 V.
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