The Impact on People in Prison

The Religious Land Use and Institutionalized Persons Act of 2000

Thanks to basic Constitutional protection and federal legislation, prison inmates today enjoy unprecedented religious liberty. The challenge for prison administrators is to balance this liberty with legitimate penological needs such as safety and security. This challenge is particularly acute in light of the growing religious and cultural diversity of Tennessee prison inmates, and the explosion in the i

If Not Now, When? If Not Us, Then Who?

By all accounts, this new year will be a tough one. The latest published national unemployment rate was 6.5 percent. Tennessee’s rate was 7.2 percent. Tennessee’s per capita bankruptcy rate leads the nation. Lake County and Hancock County are on the list of the 100 poorest counties in the United States. On Dec. 2, The Tennessean reported that 443,115 Tennessee households are now on food stamps, the highest number ever recorded and more than the 2007 pop

Location, Location, Location

I just wanted to comment on the excellent article on the recent changes in Tennessee’s already very lopsided
medical malpractice laws (“Med-Mal Obstacles: New Tennessee Law May Reduce Frivolous Suites But Make Valid Claims More Difficult,” by Rebecca Blair, September 2008 Tenn. Bar Journal).

Having worked for a plaintiff’s attorney for several years, I saw firsthand just how hard it is to prosecute a medical malpractice claim. Of course, in a state where medic

Emerging leaders
35 Selected for TBA Leadership Law Program

The Tennessee Bar Association has selected a diverse group of 35 attorneys from across the state to take part in its Leadership Law program for 2009. Leadership Law, now in its sixth year, is designed to equip Tennessee lawyers with the vision, knowledge and skills necessary to serve as leaders in their profession and local communities. They include:

• Marlene Bidelman-Dye, Chattanooga
• Taylor Cates, Memphis
• Jonathan Cole, Nashville
• Issac Conner
...
Read More >>

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:

Richard Edward Jackson, Pleasant View; Edward Victor Longinotti III, West Suffield, Conn.; James A. Meaney III, Dalton, Ga.; Roger Price Nimmo, Nashville; John Dudley Stuber, Memphis; James Clifford Walker, Columbia; and Michael Gregory Williams, Chattanooga.

The following attorneys have been reinstated to the practice of la

Nashville lawyer Pele I. Houk has joined the law firm of Cornelius & Collins LLP as an associate. Prior to joining the firm, Houk worked in private practice as a civil litigator and then with the Tennessee Department of Labor & Workforce Development as a supervising attorney and workers’ compensation specialist. Houk is a Supreme Court certified Rule 31 Mediator and practices in the area of civil litigation. She received her law degree from Seattle University School of Law in 2003.

Samuel J. B...
Read More >>

An English Nonsuit: The Tichborne Claimant

Roger Charles Tichborne (born 1829) was the heir apparent to a huge inheritance from a filthy rich British family. He was born and raised across the Channel in France and schooled in England. His native
language was French.

He fell in love with first cousin Catherine (“Kate”). Her father forbade marriage until a wait of three years. So Roger took to sea in 1852. He wandered over South America.

In April 1854 he boarded the Bella at Rio de Janeiro, Brazi

Nied Claims After Flax and Eskin

The Tennessee Supreme Court has decided two negligent infliction of emotional distress (NIED) cases within the past few months. This article summarizes the law after the release of these important opinions.

True NIED claims arise in two different situations. In the first situation, the plaintiff suffers emotional injury because of the negligence of another. The second arises when the plaintiff suffers emotional injury because the negligence of another caused an inj

Norton Bankruptcy Law and Practice (Third Edition)

By William L. Norton Jr. and William L. Norton III
Thompson West | $2,691 |13 volumes | 2008

Publisher Thomson West recently came out with the third edition of Norton Bankruptcy Law and Practice (Norton 3d) by William L. Norton Jr. and William L. Norton III. Along with Collier on Bankruptcy, edited by Alan N. Resnick and Henry J. Sommer, and Bankruptcy Law Manual by Nancy C. Dreher and Joan N. Feeney, Norton Bankruptcy Law and Practice has been wi

The Case of Abraham Lincoln

A Story of Adultery, Murder and the Making of a Great President

By Julie M. Fenster
Palgrave MacMillan | $24.95 | 255 pages | 2007

Abraham Lincoln was a famous trial lawyer before he was at the helm of our shipwrecked nation. But there is scant evidence of trial transcripts. Fortunately for us, Ms. Fenster found in the Springfield State Journal newspaper stenographic verbatim reports of Illinois v. Jane Anderson and Theodore Anderson.

Jane was the wife, and Theodore the n
...
Read More >>

Big Orange Alimony for Fun and Profit

I am a big fan of Bruce Pearl, head coach of the University of Tennessee Gentlemen Vols basketball team. He is, in my impartial opinion, the second greatest basketball coach in America. The first, of course, is the legendary Pat Summitt, coach of the Tennessee Vols basketball team.

You will note that I do not refer to the University of Tennessee women’s basketball team as the “Lady Vols.” Based on the comparative success of the two programs, I believe th

The Journal classifieds are updated monthly, around the first of each month. You may also wish post your ad on JobLink, our free online service, which is updated weekly.

The classified advertising rate is $80 for up to 50 words and $1.60 per word thereafter. As a service to our members, there is no charge for advertisements up to 50 words for full-time job openings.

For more information, see our info page or e-mail ...

Dec. 11
The Tennessee Supreme Court today released orders requesting comment on three proposals, two of which were requested by the TBA. The first proposal deals with multijurisdictional practice (MJP), addressing temporary and casual activities that might be considered the practice of law. It also deals with limited practice privileges for in-house counsel. The second proposal would reduce the number of pro bono hours required to qualify for one hour of CLE credit. The CLE Commission joined the