Tennessee Bar Journal
February 2010 • Vol. 46, No. 2
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New Light on an Old SubjectThe University of Memphis Cecil C. Humphreys School of Law Begins New Life at Historic Downtown CampusLike a church, a structure doesn’t make a school. But adding state-of-the-art AV/IT equipment, live-client clinics, courtrooms, wireless, and 169,000 square feet of well-lit space doesn’t hurt. The “countdown to downtown” for the University of Memphis Cecil C. Humphreys School of Law began several years ago and was completed last month as the school moved from ...
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Feature Story
‘Boynton Cab’ Revisited
What Ain’t Misbehavin’ for Unemployment Insurance Purposes?As claims for unemployment insurance (UI) continue to rise with a worsening economy, more employers are challenging them in order to avoid increased tax rates that may result from being charged for those benefits. The unemployment insurance program is a joint federal/state program[1] that imposes a current federal tax rate of 6.2 percent on the first $7,000 of wages per year paid to each covered employee. ...
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Feature Story
Tennessee Department of Revenue Losing Battles but Winning WarsThis article is a discussion of cases in which the Tennessee Department of Revenue has been the losing party in tax litigation, but has been successful in having the Tennessee General Assembly change Tennessee statutes, so that the Department’s losing position in tax litigation becomes the correct position for future cases that involve the same issue. These statutory amendments were prospective only; each of them changed the law on ...
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President's Perspective
Diversity in the ProfessionWhen We Work Together, We Are Stronger and BetterOne of the most frequent and welcome comments I have heard during my term as president of the TBA from lawyers, judges, professors, journalists and others who are interested in the law is the fact that Tennessee currently has a female state bar association president (I am the fourth after Pam Reeves, Katie Edge and Marcy Eason), the first female chief justice of the Supreme Court (Chief Justice Janice Holder), a female m ...
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News
Tennessee Bar Association
Annual Leadership Conference Celebrates, Educates, Governs The Tennessee Bar Association’s annual Leadership Conference in Nashville, Jan. 15-17, included meetings of the TBA House of Delegates, which debates and makes recommendations on issues of importance to the law, lawyers and law practice; the Taskforce on Judicial Conduct Rules; the Committee on Racial and Ethnic Diversity; and the TBA organization for lawyers over 50 — TBASCUS. The conference also included ed ...
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People
Nashville lawyer Christy Sawyer recently opened Lindsey & Sawyer PLLC, where she will focus on family and business law matters. Prior to starting the firm, Sawyer practiced with Waller, Lansden, Dortch & Davis and served as in-house counsel for Comdata Corporation and Affinion Benefits Group. She earned her law degree in 1998 from the University of Tennessee College of Law.
Nashville lawyer Ed Lanquist has been elected president and managing partner of Waddey & Patterson PC. He succeeds Jack W
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Disciplinary Actions
ReinstatedThe following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Daniel William Champney, Nashville
Norman Gregory Durham, Sanford, N.C.
Andre Philip Johnson, Nashville
Mary Hovious Stout, Memphis
The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees:
Varonica R. Cooper...
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Paine on Procedure
The Trial of Cecil JohnsonAlmost three decades after he murdered three humans in cold blood, Cecil C. Johnson Jr. was executed on Wednesday, Dec. 2, 2009 at 1:34 a.m. CST. The Supreme Court opinion at 632 S.W.2d 542 reports what he did to deserve the death penalty. In 1980 on July 6 Johnson told Victor Davis that he was going to rob Bell’s Market on Twelfth Avenue South in Nashville and leave no witnesses. About 10 p.m. he murdered Bobbie Bell (age 12), James Moore, and Charles House. Bobbie’ ...
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The Law at Work
Non-Compete Agreements: It’s Not All About You, EmployersIn these times of economic woe, employers can add another thing to their list of worries — the unavailability of jobs and falling salaries may actually expose employers to what previously would have been considered unfair competition. It is no secret that non-competition agreements, because they are a restraint on trade, are disfavored in Tennessee.[1] But, at least until recently, if the non-compete agreements were reasonable, Tenness...
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But Seriously, Folks
If You Are a Judge, You Better Get a DogMy best friend is a judge. In fact, we are more than friends. We are lovers. We’ve been sleeping together for 28 years. But we are not living in sin. We’re living in Memphis, although I must admit that it is sometimes hard to tell the difference. The judge who is my best friend and my lover is my wife, Judge Claudia. While I have never appeared before her as either a lawyer or a litigant, she has held me in contempt from time to time, not in her capacit ...
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