| Tennessee Bar Association

May, 2011

Cover Story

As numerous states threaten to curtail or even eliminate public employees’ collective bargaining rights, one question that might be raised is — can they do that? The answer is yes. Unlike the private sector, which is governed by the federal National Labor Relations Act (NLRA)[1], state and local governments are not subject to any uniform federal law...

Feature Story

Emerging Trends Affecting Employers

It was not so very long ago that employers and the lawyers who advise them were faced with a new set of legal issues because of developing technologies called “the internet” and “e-mails.” Businesses were intrigued by the seemingly endless possibilities for how these new methods of communicating could enhance the productivity of their workers. It was...

President's Perspective

The Monkey Trial

My penultimate President’s Perspective relates to the famous Scopes trial of 1925.

People

The Nashville law firm of Howard & Mobley recently announced the addition of two partners to its practice. Paul A. Gontarek will practice in the area of trust and estate litigation, conservatorships and guardianships. For the past three years, Gontarek has served as chair of the Nashville Bar Association’s Probate Court Committee. He...

But Seriously, Folks

Glee-Bargaining: Settling for a Song

Last November Willie Nelson was busted for pot possession after U.S. Border Patrol Agents and their weed-sniffing dogs searched his tour bus (“Honeysuckle Rose”) in Hudspeth County, Texas. This was not exactly breaking news. Willie gets busted for pot about as often as most of us brush our teeth. In fact, Willie has been arrested for pot possession so...

Book Review

The Infamous Burke and Hare, The Anatomy Murders

Grave robbing was rampant in 1828 at Edinburgh. Dr. Robert Knox and his...

Day on Torts

‘That’s (Not) a Fact, Jack.’[1]

On May 11 the Tennessee Supreme Court will hear oral argument on a case that has profound implications for all tort lawyers and their clients. The court’s resolution of this case will explore the difference between “facts,” “data” and “opinions,” and will determine whether an expert witness should be permitted to testify about the expert’s conversations...

Family Matters

Parental Alienation in Child Custody Disputes

The Public Policy of Encouraging the Parent/Child Relationship

It should be a truism that in the absence of danger to a child, “[a] child’s interests are well-served by a custody and visitation arrangement that promotes the development of relationships with both the custodial and noncustodial parent.”[1] Tennessee’s standard Permanent

News

Deadline is June 1

Seats on Court of Judiciary Open for Nomination

The Tennessee Bar Association Board of Governors will select three members for the Tennessee Court of Judiciary at its June 18 meeting.

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:
Dalen L.P. Farmer, Nashville
Michael T. McClamroch, Knoxville
Lawrence R. Nicola, Jackson
...

Paine on Procedure

Inevitable Discovery Doctrine: The Trial of Joe Hill

Marvin Joseph (“Joe”) Hill (age 47) was a pizza delivery driver in Knoxville. He also delivered marijuana to young folks in the Fort Sanders neighborhood behind U.T. Law College. One of the smokers was Christina Jeanette Eubanks (age 28), who lived in an apartment in the basement of a converted dwelling at the corner of Laurel Avenue and Fourteenth...