October, 2010

Cover Story

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:

President's Perspective

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...

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.

Day on Torts

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.

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

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...

News

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...

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

Nashville attorney Ivan Omar Lopez was reinstated...
The Law at Work

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 "...

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

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...

But Seriously, Folks

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...