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...

President's Perspective

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

Book Review

The Infamous Burke and Hare
By R. Michael Gordon | McFarland & Company Inc. | $39.95 | 265 pages | 2009

The Anatomy Murders
By Lisa Rosner | University of Pennsylvania Press | $29.95 | 328 pages | 2010

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

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...

Day on Torts

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...


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.


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...


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.


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

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.

Family Matters

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

Paine on Procedure

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...

But Seriously, Folks

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...