Tennessee Bar Journal
May 2009 • Vol. 45, No. 5
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 | Cover Story
You’re FiredBefore your clients say these words, make sure they know the WARN ActIt is early 2009 and the United States remains mired in a recession. In an effort to cut costs, businesses are reducing staffing through buyouts, retirements, and layoffs (reductions in force, or RIFs). Such efforts have resulted in a surge in job losses: In December 2008 the U.S. economy shed 524,000 jobs, and the unemployment rate rose to 7.6%.[1] From December 2007 through December 2008, the total number of mas ... Read More >> |
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Feature Story
One Day in April There Was Justice 4 All: Statewide Pro Bono Public Service DayOn Saturday, April 4, the lawyers who showed up for work in Tennessee were not adversaries, but were all on the same side. As part of the Statewide Pro Bono Public Service Day initiated by the Tennessee Bar Association and led by its president, Buck Lewis, 863 lawyers and support staff volunteered their time — in 47 locations — to write wills for police officers and firefighters, staff free legal clinics, sign up ... Read More >> |
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Feature Story
Research Right Using Books and BytesResearch is a fundamental part of legal practice.[1] The percentage of lawyers using print resources for research is decreasing.[2] The internet transformed legal research. Tennessee courts recognize the internet as a “primary tool for legal research.”[3] Electronic sources are updated faster than print and some information is available exclusively online.[4] Yet, some print resources grasp legal concepts that computerized searching can miss. Attorneys sho ... Read More >> |
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Feature Story
Gunfight on Locust Street in Knoxville 1916:
The Trial of Rush StrongAt 10:25 p.m. on Monday, July 3, 1916, shots were fired on the block of Locust Street between Cumberland Avenue and Main Avenue in Knoxville. The shooters were Gideon Rush Strong and Samuel Bell Luttrell Jr. Why? Because Rush’s wife Bonnie Hurt Strong told her husband that Sam had raped her twice, once by dope and once by force. Let’s review the bios of the trio. Rush Strong (age 29 on gunfight night) was son of a wealthy fa ... Read More >> |
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President's Perspective
Redefining Success
Studs Terkel, author of the classic history of the Great Depression Hard Times, passed away Oct. 31, 2008. Studs never saw most of this recession we are in now. His account of the Great Depression illustrates the stark differences and haunting similarities between 1934 and 2009. In one interview, a San Francisco waterfront laborer told Studs that when a sugar refiner posted a few jobs, “a thousand men would fight like a pack of wild dogs” over them at the gates of the refine ... Read More >> |
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News
TBA Young Lawyers Division Memphis Team Wins State Mock Trial CompetitionWhite Station High School’s Green Team claimed the state mock trial title in March, defeating Battle Ground Academy of Franklin in the 29th annual Tennessee State High School Mock Trial Competition. The team, which is coached by Memphis attorneys Eugene “Buddy” and Michelle Bernstein, will represent Tennessee at the national competition in Atlanta May 6-10. This year the Mock Trial Committee presented a new sportsmansh ... Read More >> |
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People
The Tennessee Bar Foundation inducted its 2008 class of Fellows in January at a dinner in Nashville. New fellow are: Paul A. Bates, Lawrenceburg Mark S. Beveridge, Nashville Judge Joe P. Binkley Jr., Nashville Judge Jeffrey S. Bivins, Franklin Andrew C. Branham, Memphis Gary E. Brewer, Morristown A. Stuart Campbell, Nashville L. Webb Campbell II, Nashville Frank S. Cantrell, Memphis E. Franklin Childress Jr., Memphis Catherine B. Clayton, Jackson Chancellor William C. Cole, Atoka Judge Curtis L. Collier, Ch ... Read More >> |
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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: Matthew Edward Davis, Gilbert, S.C. Nicole Pyne, Salt Lake City, Utah Darren E. Ridenour, Knoxville CensuredA censure declares conduct improper but does not limit the right to practice law.
On Feb. 25, Kentucky lawyer David Randall Steele was censured by the Board of Professional Responsibility for violating several Rules of Pro ... Read More >> |
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Book Review
American Lion: Andrew Jackson in the White HouseBy Jon Meacham | Random House | $30 | 512 pages | 2008 Partisan politics of the basest nature, and economic and banking worries trouble the United States. War and rumors of war resound through the houses of Congress. Sex scandals enmesh the winning presidential candidate during a contentious election and embroil his Cabinet sessions. The civil rights and liberties of oppressed minorities divide the nation deeply. Issues that cut squarely to the hear ... Read More >> |
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Book Review
Remembering United States District Judge Robert L. Taylor Edited by Judge Charles D. Susano Jr. | Tennessee Valley Publishers | $19.95 | 220 pages | 2009 Robert Love Taylor was the federal judge in Knoxville from 1949 until 1985. This collection consists of war stories from lawyers who endured his wrath. Judge Taylor was not endowed with a judicial temperament. Tennessee Court of Appeals Judge Charlie Susano has edited the many letters he received and arranged them in Remembering United States Di ... Read More >> |
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Day on Torts
Recreation Limits LitigationEveryone knows that Tennessee has rejected the historic invitee, licensee, and trespasser method of determining duty in premises liability cases.[1] Today, we know that when determining the duty that possessors of land owe to a particular plaintiff the court “balances the foreseeability and gravity of the potential harm against the feasibility and availability of alternatives that would have prevented the harm.”[2] Right? Not always. By the adoption of the so-calle... Read More >> |
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Paine on Procedure
How Rules of Procedure Are MadeOccasionally a lawyer or judge fusses at me about the work product of the Advisory Commission to the Supreme Court on Rules of Practice and Procedure. I tell these fussbudgets that I am merely Reporter to the Commission and am not allowed to vote. Then I explain the procedure, which may be of interest to you readers. We meet four times annually by video at five locations. Chairman Hugh Moore does a superb job of letting all of the 21 Commissioners have their say. Ju ... Read More >> |
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But Seriously, Folks
Twelve Angry TweetersWhen I first heard my fellow lawyers using the word “twitter,” I thought they were referring to the little birdie who co-starred on the Bugs Bunny Show (“I taught I taw a putty tat!”) or a famous country music singer (“Hello, darling! Nice to see you! It’s been a long time!”) Recently, a young female attorney asked me whether I “twitter,” and I was frankly embarrassed. Without hesitation, I replied, “Young lady, I will have you know that I have been happi ... Read More >> |
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