Vol 55 No 12

Focus for a Peaceful End of Year

Remember the October issue where we talked about ways to handle stress better?
Mindfulness and meditation are two of the ways that help. One way to lose yourself and not stress is to take a few minutes and color! (Print out the artwork below and color away!)

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Say Nothing: A True Story of Murder and Memory in Northern Ireland

On a bitter winter night in west Belfast in December 1972, the IRA came for Jean McConville. Surrounded by most of her 10 children, the widowed McConville was bundled out of her apartment by masked men and women, accompanied by a few neighbors who wore no disguise. Her body would be found more than three decades later, buried on a desolate beach in the Republic of Ireland.

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Is Tennessee’s Rule Against Perpetuities Unconstitutional?

Nine states, including Tennessee, have constitutional prohibitions on perpetuities.1 Many states, including Tennessee and four others of those nine, have by statute extended the applicable Rule Against Perpetuities (RAP) period for vesting far beyond lives in being plus 21 years, to 360 years or longer.2

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Closing the Books

I have spent more time mulling over what I wanted to say in this, my final column for the Tennesee Bar Journal than for any other that I’ve written. As a proud past president of the Association, I  was blessed with the privilege of spouting off once a month in the President’s Perspective space, getting both rave reviews from folks who liked my odd stories and notions about the practice of law, and some well-intentioned and thoughtful criticism for straying from the traditional subjects usually covered in those columns.

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How to Maintain Your License, Now that You Are an Attorney

Law schools teach what is needed to get licensed and how to obtain that license. What they do not teach are the necessary steps to take in order to keep the license up to date. Each state has its own requirements, and this guide is meant to help navigate the Tennessee rules. 

There are several steps that are required annually in order to stay current. Reporting is required to the Tennessee Board of Professional Responsibility and the Tennessee Commission on Continuing Legal Education. As well, there is the payment of the Tennessee Professional Privilege Tax each year.

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Even Dogs Can’t Smell the Difference

The Death of ‘Plain Smell,’ as Hemp Is Legalized

“I detected the distinct odor of marijuana.”   

This phrase is used by police in courtrooms across the nation every day to provide probable cause to obtain a warrant or justify a search.

A distinctive odor can provide probable cause to believe that an automobile, home, or other area contains contraband. Tennessee courts have held the smell of contraband sufficient to establish the probable cause necessary for police to obtain a search warrant or to conduct a search or seizure under the automobile or exigent circumstances exception to the warrant requirement.1  This is known as the “plain smell” doctrine.2

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Licensure & Dicipline

DISABILITY INACTIVE

The law license of the following lawyers were transferred to disability inactive status: Davidson County lawyer Patrick Brocklin Parks, on Oct. 4; and Hamilton County lawyer William Lloyd Stanley Jr., on Oct. 16. They may not practice law while on inactive status but may petition the court for reinstatement by showing by clear and convincing evidence that the disability has been removed and they are fit to resume the practice of law.

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You Need to Know

Twelve Tennessee lawyers were sworn in Nov. 4 to practice before the U.S. Supreme Court in a ceremony in Washington, D.C. TBA Past President Jason Pannu was on hand to move the admission of the group, which also included TBA Executive Director Joycelyn Stevenson and TBA President Sarah Sheppeard. The group arrived in D.C. Sunday afternoon for a reception at the historic Hay-Adams Hotel, and following the morning’s ceremony, heard oral arguments in Barton v. Barr and Kansas v. Glover. They later enjoyed a tour of the Capitol conducted by staff from Sen. Marsha Blackburn’s office. The events were part of the TBA Academy, an annual program.

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Experiencing the Highest Court in the Land

“EQUAL JUSTICE UNDER LAW.” These words adorn the architrave1 atop the columns of the U.S. Supreme Court’s iconic main entrance. The grandness of this building and the solemnity of the proceedings within it are impressive to the public, but especially meaningful to members of our profession.  The courtroom is majestice, with beautiful marble columns, wooden aneling and a very high ceiling with intricate designs. Burgundy draperies with gold trim accent portions of the room. The building first opened in 1935, and the footprint of the courtroom itself is surprisingly small, compared to many other appellate courtrooms. The bench, while raised, is not as high as one might anticipate, and the justices are amazingly close to the audience.

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Success!

Kathryn “Katie” Reed Edge will retire from the practice of law on Dec. 31, leaving Butler Snow’s Nashville office to assume the role of full-time grandmother to her triplet grandchildren in Austin, Texas. Her practice has centered on representing the organizers of new banks and other regulated financial institutions and serving as corporate and regulatory counsel for financial services companies.

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