June, 2008

Cover Story
  • May you copy the original work of another without committing copyright infringement? If so, may you copy the entire work or just a portion?
  • If you do infringe a copyright, how much can you be ordered to pay in damages?
  • Can you be required to pay more than you earned from your infringing activity?

Copying the...

President's Perspective

It does not seem as though a year has gone by already. Service as president of the Tennessee Bar Association has increased my deep appreciation for lawyers and judges, for our elected representatives and their importance in our society. This role has been a phenomenal learning experience and provided an excellent civic lesson for someone who has been...

Book Review

A generation ago, Bob Woodward and Carl Armstrong shined an unaccustomed light onto the Supreme Court in The Brethren (1979). Now, 30 years later, New Yorker journalist and CNN analyst Jeffrey Toobin has written a new exposé that purports to take the reader "inside the secret world of the Supreme Court." Whether the book lives up to its tantalizing...

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...


Chief Justice William M. Barker will retire Sept. 1 after a judicial career spanning 25 years. Barker, 66, is a native of Chattanooga. He earned his bachelor's degree from the University of Chattanooga and his law degree from the University of Cincinnati School of Law. In a letter to Gov. Phil Bredesen, Barker said he has "seen countless...


'The Rule of Law'

The 2008 Law Day Art and Essay Contest, sponsored by the Tennessee Bar Association Young Lawyers Division each year, allows students across the state to creatively express their ideas about living in a society that is governed by the rule of law.

This year's theme, "The Rule of Law: Foundation for...


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:
Gary S. Genovese, Weston, Fla.
Chelli Runelle Jones, Nashville

The following attorneys have been reinstated to the practice of...

The Law at Work

Family and Medical Leave Act (FMLA) administration is more challenging than ever, especially in the gap between the passage of new substantive rights for employees and new regulations for employers.

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

"Admit that bitch!" So said a student when she and her classmates were enjoying a beer and lunch at the Sunspot after my Evidence exam. Having endured four hours of hairsplitting multiple choice questions, largely on hearsay, she concluded that in future trials she should argue that most out-of-court statements ("bitches") are admissible.

And she'...

But Seriously, Folks

Every lawyer needs a mentor. I had a fabulous one. He was Judge William Frank Crawford, better known to his many friends and admirers as "Judge Billy Frank."