July, 2008

Cover Story

What are the rules after Hoffman?

Cover Story

"A person shall not knowingly employ, recruit, or refer for a fee for employment, an illegal alien."[1]

With more than an estimated 100,000 undocumented workers supporting the Tennessee workforce, you have to wonder precisely what the Tennessee State Legislature intended when it enacted a law incorporating the above...

President's Perspective

It is an honor and privilege to serve as the 128th president of the Tennessee Bar Association. The presidents who have come before have established rich traditions and proud legacies for our association. In fact, our theme for this year will be "Leave a Proud, Enduring Legacy" " as individual lawyers and as an association. One of the most famous legacies...

Book Review

By Tim Weiner | Doubleday Publishing | $27.95 | 448 pages | 2007

Reviewed by Gary C. Shockley

In his exhaustive history of the Central Intelligence Agency, New York Times intelligence reporter and Pulitzer prize-winner Tim Weiner contends that the CIA has failed throughout its 60-year history in its core mission to protect against another...

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...


Tennessee Justice Center honors mothers
Michele Johnson, managing attorney of the Tennessee Justice Center, presented a family portrait to Judy Eaves of Chattanooga, one of five mothers honored by the center as "Mother of the Year." Each woman is mother to a child who is sick or disabled. They were...


Study: Sentencing guidelines ease discrimination: According to a study released in May, state sentencing guidelines virtually erase discrimination in criminal punishments, regardless of how much judges are allowed to deviate from recommended terms. The National Center for State Courts, with funding from the National Institute of Justice...


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:
Christopher Filer Donovan, Dyersburg

Carrier Nourse Pinkston, Gallatin

Newton S....

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

By Antonin Scalia and Bryan A. Garner | Thomson West | $29.95 | 245 pages | 2008

Secretary Karen gave me this book for my 69th birthday. It is a useful volume on appellate advocacy.

Appellate practice was not my forte. Trials were. Perhaps if I'd had available this guide my record on appeals would have improved.

Justice Scalia is a...

But Seriously, Folks

My first car was a 1968 Volkswagen Beetle. It was a tiny little thing. You didn't get in it, you put it on.

I loved my "bug" for two reasons. First, when I was in high school and managed to get a date, I would always take her to a movie at the Highway 51 Drive-in. My Beetle was so tiny that my date had no alternative but to snuggle right next to...