| Tennessee Bar Association

December, 2010

Cover Story

Eat Drink Pay

Will the Limited Service Restaurant License Benefit Your Clients?

For many years, the Tennessee Alcoholic Beverage Commission (TABC) and the state's restaurants have played a game to determine how much food a restaurant must serve for the serving of meals to be the principal business conducted.[1] Restaurants, and especially the state's...

Feature Story

Offering Objectionable Evidence

In Trial Advocacy classes in American law schools, students are taught that in preparation for trial, the proponents of evidence should determine whether or not the evidence they plan to offer at trial is probably admissible under state statutes, rules of court, and rules of ethics.

President's Perspective

The Brief Operation of Tennessee's Confederate Courts

In May and June of 1861, the Tennessee state government took the legal steps (or illegal steps, depending on one's point of view), to declare Tennessee independent of the United States of America and align the state with the Southern Confederacy. The General Assembly passed measures repealing all laws requiring attorneys, members of the legislature, and...

People

Leitner, Williams, Dooley...

But Seriously, Folks

Courtside Seats for the Final Four

Last April, I had courtside seats for the Final Four. And when I say courtside seats, I mean courtside seats.

I was not in Indianapolis for the NCAA Men's College Basketball Final Four. I wasn't in San Antonio for the NCAA Women's Final Four. (If the Lady Vols aren't in it, I don't even watch the Final Four on TV.)

No, the...

Bank on It

Only a Framework

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) promises to be the most comprehensive piece of financial reform legislation since " well, since ever. Its 2,319 pages dwarf prior Congressional attempts to regulate the banking and financial sectors. By comparison, the Federal Reserve Act (1913) was only 31 pages; the...

Where There's a Will

Community Property Trusts

Ah, Alaska! Like its melting glaciers, its trust law, heated by an unabashed desire to promote Alaskan trust business, has largely dissolved into a lake of reform. Tennessee has fished this lake and brought home catch. Limited by the rule against perpetuities? Abolish it![1] Bothered by creditors reaching self-settled trusts? Shelter them![2] In these...

News

Association to Elect Officers, House of Delegates

Deadline to Qualify is Feb. 15, 2011

During 2011, the following officers, governors and delegates of the Tennessee Bar Association (TBA) will be elected as set forth in the association's bylaws:

TBA Officers and Board of Governors' Officers
A vice president (from the East Tennessee Grand Division " elected...

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:
Harold Scott Bates, Orlando, Fla.
Paulette R. Burgess, Spokane, Wash.
Herbert Christy Jr., Little Rock, Ark....

Paine on Procedure

Depositions Upon Written Questions

While preparing for trial you realize that you need to offer evidence of one crucial fact known only by a witness residing on the West Coast. The residence is in a city you have long wanted to visit. Now you can fly there at your client's expense, take a brief deposition and see the sights.

But wait. This client is struggling with the tough...