October, 2009

Cover Story

The Custom of Relying Solely on 'Next-of-Kin' Relationship to Authorize Health Care Decisions Is Not Supported Under Tennessee Law

Tennessee courts have clarified who has the right to make health care decisions on behalf of an incapacitated patient, and they have rejected the customary practice of relying solely on a "next-of-kin" relationship....

Cover Story

Civil litigation of medical malpractice and related health care claims is often seen as expensive, slow and unpredictable with potential for excess judgments and reputational damage to health care providers.[1] Amid countless proposals for reform, one currently available option that some health care providers have begun to use is to form agreements with...

President's Perspective

Twenty-five years ago, Emmett Marston of Memphis was the Tennessee Bar Association president " the same year the Tennessee Supreme Court entered the order sustaining the petition of the Tennessee Bar Association (TBA) and the Tennessee Bar Foundation (TBF) "for this Court to authorize the establishment and implementation of a program for the utilization...

Letters of the Law

This letter was sent to Andrée S. Blumstein, who wrote the referenced article.

Thank you again! Your article in the July Tennessee Bar Journal, "Twombly Gets IQBAL-ED" was another excellent example of your helpful analysis in this evolving procedural issue. It is of great interest to those of us who still call ourselves "...

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...

Membership Maven
Kathy Prescott

Dear Maven,

What’s going on at TBA? You seem to be running around and out of breath a lot lately. Are you training for a marathon? Is there something I should know about?


Dear Mr. C.,

I am a little frantic this time of year!

Spring is in the air and...


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.


Pamela L. Reeves, of the Knoxville law firm Reeves, Herbert...



It's like Facebook but without your high school friends popping up " and no ads for botox or wrinkle cream!
The Tennessee Bar Association has launched a new social networking platform for members " called TBAConnect. This service provides many of the same features of mainstream sites such as Linked In or Facebook...


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: John D. Hanover, Los Angeles, Calif. and Helen Eckert Phillips, Lebanon, Va.

The following attorneys have been reinstated to the...
The Law at Work

Ricci v. DeStefano Holds Statistical Disparities Cannot Justify Race-Based Employment Decisions

The publicity following the Supreme Court's decision in Ricci v. DeStefano,[1] can be attributed to the then-pending nomination of Sonia Sotomayor to the Supreme Court. The publicity tends to overshadow the actual...

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.

Bank on It


The Obama Administration has proposed radical changes in the ways banks and other financial companies are regulated. While at this writing, none of these proposals has been implemented, it is instructive to examine the outline of the Department of Treasury's "new foundation."

The plan proposes to...

Paine on Procedure

The birthplace of this evidentiary nonsense was Selma in Dallas County, Ala. On Sunday, July 7, 1957, the clock tower of the courthouse fell into the courtroom. A newspaper article published in 1901 reported a courthouse fire during construction. In Dallas County v. Commercial Union Assurance Company Ltd., 286 F.2d 388 (1961), the Fifth Circuit...

But Seriously, Folks

Next year marks the 50th anniversary of the publication of Harper Lee's Pulitzer Prize-winning masterpiece, To Kill a Mockingbird, and the 48th anniversary of the film based on the novel, featuring an Academy Award-winning performance by Gregory Peck as Atticus Finch. If you ask a lawyer to name his or her all-time favorite novel, the odds are...