| Tennessee Bar Association

October, 2010

Cover Story

Cold Case

Autopsy reveals Dead Man's Statute still obtuse after all these years

It has now been almost 30 years since my article[1] on the Tennessee Dead Man's Statute[2] was published. There, I reviewed every (I hope) Tennessee appellate decision that touched upon the Dead Man's Statute, and I concluded:

Feature Story

What Tennessee Lawyers Need to Know About the U.S. Supreme Court's 2009-2010 Term

In its 2009 term,[1] the Supreme Court issued 92 "signed opinions." Most opinions resolve a conflict between the circuits or decide issues of great public or legal significance. This article reports about a recent controversial opinion, appointment of a new justice, the highlights from the term, analyzes opinions likely affecting Tennessee lawyers or...

Feature Story

Celebrate Pro Bono Month: Tennessee Lawyers Step Up for October Event

Tennessee lawyers this month are again joining their colleagues from across the country to provide free legal services to those in need and celebrate the good work performed by lawyers every day.

Following on the success of last year's Celebrate Pro Bono Month when more than 200 Tennessee lawyers assisted more than 400 clients on topics ranging...

President's Perspective

The 'Unholy Alliance' with Edward Shaw

In their wonderful book Contempt of Court, Leroy Phillips of the Chattanooga bar and lawyer/reporter Mark Curriden tells the story of Ed Johnson, an African American victim of a kangaroo court trial and eventual lynching in 1906. Phillips and Curriden chronicle the extraordinary efforts of African American attorneys Styles L. Hutchins and Noah W...

People

Charles O. Galvin of Dallas was named Outstanding Texas Tax Lawyer of 2010 by the Taxation Section of the State Bar of Texas. Galvin earned a law degree in 1947 from Northwestern University Law School and a doctor of juridical science in 1961 from Harvard Law School. He went on to teach at the Vanderbilt University Law School and the...

But Seriously, Folks

With Friends Like These, You May Need a Lawyer

My wife has 964 friends. And here's the sad part. I'm not one of them.

She really does have 964 friends, and she's getting more every day. They all meet, so to speak, on something called "Facebook," a "social networking web site" that is now used by a half billion people on the planet.

I have no idea how many friends I have. I hope I would...

Day on Torts

Lack of Parachute Results in Fatal Fall

The opinion in Cox v. M.A. Primary and Urgent Care Clinic[1] does more than tell us who can testify on the standard of care of a physician's assistant in a medical malpractice case. It also reminds us of the risk of attempting to push the envelope without a parachute.

News

Clark Sworn in as New Chief

Tennessee Supreme Court

With more than 300 family, friends, judges, lawyers and public officials looking on, Justice Cornelia A. "Connie" Clark became chief justice of the Tennessee Supreme Court on Sept. 1. The ceremony was held in the Historic Williamson County Courthouse, which was being renovated, but reopened early especially for the...

Disciplinary Actions

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:
Brian Kelly Herrington, Lexington, Miss.
Kenneth Ray Witt, Hyden, Ky.

Nashville attorney Ivan Omar Lopez was reinstated...

Paine on Procedure

Is Reputation Evidence Hearsay?

Reputation is an important type of evidence. It is the usual proof of character, useful to demonstrate conforming conduct under Rule 404 and to impeach under Rule 608.

But is reputation evidence hearsay? I have pondered the question during almost 50 years of learning, practicing and teaching law. Perhaps it's time for an answer. Yet one can...

The Law at Work

Ministerial Exception Meets Its Match: Primary Duties of Secular Employees

In March of this year, the Sixth Circuit, in EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School,[1] issued an important opinion that reshaped the "ministerial exception" defense available to qualified religious institutions, which, if applicable, constitutionally exempts them from actions under the discrimination laws by qualified "...