Front Burner

Supreme Court Turns Up the Heat on Access to Justice; Lawyers and Advocates Respond

The Tennessee Supreme Court came right out and acknowledged the elephant in the room in August 2008 when then-Chief Justice Janice Holder admitted publicly that there was a problem — and that the court was going to put significant resources into fixing it. The problem — access to justice for all in our state — had been on the court's and other organizations' radar for years, but this time the court declared that access to justice was to be its number one strategic priority. They decided to put it on the front burner.

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Administrative Law Section Membership

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Does Your Agent Have the Power?

Extending the Power of Agents to Bind Principals to Arbitration

Practitioners in Tennessee have hotly debated the issues of pre-injury arbitration agreements in health care, particularly in nursing home admission contracts. In the recent Owens v. National Health Corp.[1] issued on Nov. 8, 2007, the Tennessee Supreme Court held that pre-dispute arbitration agreements in nursing home contracts are not per se invalid in Tennessee.

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License to Sing

  • May you copy the original work of another without committing copyright infringement? If so, may you copy the entire work or just a portion?
  • If you do infringe a copyright, how much can you be ordered to pay in damages?
  • Can you be required to pay more than you earned from your infringing activity?

Copying the original work of another is not always an infringement of the copyright. Certain uses are "fair use" and do not constitute infringement. If the copying does constitute an infringement, however, the damages awarded may be much greater than the infringer's profits.

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We Have Power to Effect Change

It does not seem as though a year has gone by already. Service as president of the Tennessee Bar Association has increased my deep appreciation for lawyers and judges, for our elected representatives and their importance in our society. This role has been a phenomenal learning experience and provided an excellent civic lesson for someone who has been practicing law for a number of years. My faith in our attorneys and pride in our profession have been heightened. My gratitude for the amazing volunteers across our state committed to our profession and to those they serve has deepened.

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