September, 2009

Cover Story

The 2007-2008 Legislative Death Penalty Study Committee

The Survival of the Tennessee Death Penalty System Depends Upon Comprehensive Reform

Cover Story

Visitation at Riverbend Maximum Security Institution in Nashville for Unit 2, Death Row, is Friday evenings and Saturday afternoons. Physically that doesn't overlap with the work-week but lately it has crossed some lines in my life. At work " as editor of this magazine and co-producer of the TBA's daily electronic newsletter, TBAToday " I am...

President's Perspective

The Tennessee Bar Association Young Lawyers Division (TBA YLD) has just garnered an astounding number of first-place awards in the American Bar Association Young Lawyers Division (ABA YLD) Annual Awards of Achievement (AOA) competition for their outstanding work in Tennessee.

Book Review

By Jeff Benedict | Grand Central Publishing | $26.99 | 416 pages | 2009

Author Jeff Benedict's book Little Pink House is about what lawyers who practice eminent domain already know. Condemnation cases are about people rather than property.

Little Pink House's owner, Susette Kelo, is the perfect landowner client...

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.

Membership Maven
Kelly Stosik

Merry Christmahanakwanzika!

I just adore modern-day holidays! In fact, modern changes of all types make me so very happy, happy, happy!

The TBA has some modern change possibilities for members if you’re interested … you’re intrigued, I can tell!

Success!

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.

People

Memphis lawyer Robert M. "Miles" Mason Sr., a frequent speaker on forensic accounting and divorce, has accepted a teaching post at the National Association of Certified Valuation Analysts' Forensic Accounting Academy. Presented seven times a year in various cities around the country, the academy is an intensive, five-day program that...

News

Recognition for Good Work

TSAE Awards

The Tennessee Bar Association was honored with two awards July 31 from the Tennessee Society of Association Executives. The awards recognize excellence in all areas of association management, representing the best in the state. TBA received the "Associations Advance Tennessee" award, in recognition...

Passages

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

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:
James Louis Coggin, Memphis; and Joseph Dewey Hughes, Paragould, Ark.

The following attorneys have been reinstated to the...
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

Civil Procedure Rule 8.03 requires defense counsel to plead affirmative defenses in an answer. More precisely, counsel must "set forth affirmatively facts in short and plain terms relied upon to constitute" any listed affirmative defense. And the list is not exclusive, because it ends with: "and any other matter constituting an affirmative defense."...

But Seriously, Folks

As that noted graduate of the University of Tennessee College of Law, John Ward, used to say, "It's football time in Tennessee!" And as Hank Williams Jr. sings, "Are you ready for some lawsuits?"

You read that right, John Madden breath! Autumn not only means football, but also football-related lawsuits.