April, 2008

Cover Story

30 Years after TVA and the Snail Darter Clashed, the Case Still Echoes in Caselaw, Politics and Popular Culture

It is perhaps the most dramatic national legal story to come out of Tennessee in the past 75 years " the controversy called Hiram Hill, et al. v. Tennessee Valley Authority " the little endangered snail darter fish versus TVA'...

President's Perspective

The source for the word "family" comes from a Latin word, familia, meaning household. Family also encompasses a number of other definitions including those who share a common ancestry (clan) or a group of people united by common beliefs or affiliation (fellowship, association). For me, and I suspect for each of you, each of these definitions has...

Letters of the Law

'Last Jury Trial' funny, But Truth of It Is Not

I was thoroughly enjoying Bill Haltom's article "The Last Tennessee Jury Trial," which appeared in the March issue of the Journal. Indeed, I was chuckling to myself most all the way through. But then after I finished reading it, I was hit with a stark realization. I believe that he may...
Book Review

By William Bernet M. D. and Hon. Don R. Ash | Kriegr Publishing Company | $31.50 | 196 pages | 2007

History's Verdict

The Tennessee Bar Journal welcomes a new column this month. Russell Fowler will look to the past to help inform the practice of today in “History’s Verdict.” His column will appear three times a year.

2015 is the 800th anniversary of the Magna Carta. It is time to pause and ponder its importance and plan how to commemorate this...

Where There's a Will

Value Definition Clauses, Part 4: Tax Court in 'Christiansen' Unanimously Rejects IRS Public Policy Arguments

Readers of this column know that I am bullish on the use of "value definition clauses" (VDCs).[1] My two-part columns in March and April 2001 described the what, why and how.


The Tennessee Bar Association was recognized in October with three Luminary Awards from the National Association of Bar Executives. The Tennessee Bar Journal earned a Luminary Award for The Law Launch Project, which followed 15 law students through their last year of school.


The Putnam County Bar Association recently recognized Cookeville attorney Ben Fann for his contributions to his country and community. In 1942, Fann began serving in the Army Air Corps and was active during World War II. He served with distinction in the China-Burma-India Theater, where he participated in dangerous missions flying...


ABA Model Rule on Conditional Admission to Practice Law

"I got started because of the death by suicide of a well-known Memphis lawyer who was a friend of mine," Judge Robert "Butch" Childers says of his involvement with programs to help lawyers with alcohol and substance-abuse issues. "I decided it was time to find a way to help my friends and...


Former Criminal Court Judge and TBA senior counselor FRED A. KELLY died Sept. 27 at the age of 93. Kelly graduated from the University of Tennessee and later served in World War II, earning the rank of captain. He graduated from Vanderbilt University Law School in 1948 and began practicing law in Gallatin. A native of the city, he went...

Licensure & Discipline


The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education: Harvey Louis Goodman, Knoxville; Wendell Lloyd, San Francisco.

The following attorneys have been reinstated to the practice of law...
Crime & Punishment

Corporate crime is big news. Lawyers practicing in Tennessee face an increasing likelihood of being asked to assist business clients in responding to an allegation of criminal wrongdoing. To protect the business and to avoid inadvertent harm to others (and your license), counsel must both understand the attorney-client privilege of an organization.

Paine on Procedure

In Lenoir City on Nov. 6, 1961, June Newberry shot Ann Gowder in the left temple as the latter arrived for work. Why? Because Ann had stolen June's husband Raymond and taunted her about the theft.

It would be a hard case to defend. The state sought the death penalty. June's lead Loudon County counsel sought assistance from legendary Ray Jenkins,...

But Seriously, Folks

My wife, Claudia, is from South Pittsburg. Not Pennsylvania. Tennessee. She is a seventh generation Tennessean. Her favorite song is "The Tennessee Waltz," she knows all the words to "Rocky Top," and she looks fabulous in orange.

No doubt about it, Claudia is a peach. But she ain't no Georgia peach no matter what a bunch of pointy-headed, bulldawg...