TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 20, 2024
News Type: Legal News

The American Bar Association’s (ABA) Council of the Section of Legal Education adopted a new policy statement that urges states to "create diverse pathways to licensure." That move deviates from more than a century of backing the use of bar exams for lawyer licensing, Reuters reports. The bar exam has come under fire in recent years for creating racial disparities in testing outcomes. The new policy statement also calls on states to create licensing structures that “mitigate the disparate exclusion from the profession of racial and ethnic minorities and individuals of low socioeconomic status.”

Posted by: Stacey Shrader Joslin on May 20, 2024
News Type: Legal News

The Shelby County Commission is set to meet with county attorneys in a closed session today to seek legal advice before meeting to consider cuts to vacant positions in the county sheriff’s office, the Daily Memphian reports. Last week, Shelby County Sheriff Floyd Bonner Jr. said he would sue the commission if it cuts funding for 441 unfilled positions in his budget. Bonner argues that state law prevents the commission from cutting the positions.

Posted by: Stacey Shrader Joslin on May 20, 2024
News Type: Legal News

A lawsuit filed by a Jewish couple alleging religious discrimination in Tennessee adoption law will now move forward after the Tennessee Supreme Court declined to hear the state's appeal, the Tennessean reports. Elizabeth and Gabriel Rutan-Ram sued the state arguing they were unconstitutionally discriminated against after a state-funded Christian adoption agency refused to work with them. The case was initially dismissed but an appellate court overturned that ruling. The Supreme Court’s decision not to review the appellate ruling allows the suit to go forward.

Posted by: Stacey Shrader Joslin on May 20, 2024
News Type: Upcoming

A new documentary "STAX: Soulsville U.S.A." tells the story of the rise and fall of the iconic Memphis record label. The four-part series, which will air on HBO and stream on Max, is a “story of groundbreaking music, hard truths and unhappy endings,” according to the Commercial Appeal. Spoiler alert: the series concludes — not with the launch of the Stax Museum (the site of a past TBA Convention event) or the success of the Stax Music Academy or Soulsville Charter School — but with the original studio razed, an empty lot serving as a painful reminder of what once thrived in the heart of South Memphis. “I wanted us to wrestle with two truths,” says the documentary’s director, Jamila Wignot. “There’s the beauty and the legacy of the music, and there’s the fact that it wasn’t allowed to live on. To me, it was important to hold both of those, because that’s the honest story.”

Posted by: Stacey Shrader Joslin on May 20, 2024
News Type: Legal News

The Nashville government is asking a judge to throw out the remainder of a law that cuts the size of its Metro council in half. Part of that law was invalidated last year by a three-judge panel, which decided the law was enacted too late to go into effect before the 2023 council elections. Attorneys for the city argue that the remaining part of the law cannot work without the blocked element. The state is arguing for the law to be upheld, saying a blanket limit on metro governments should proceed. Tennessee Report has more on the case.

Posted by: Stacey Shrader Joslin on May 20, 2024
News Type: TBA Convention 2024

The annual Bench Bar Luncheon will take place June 13 as part of the TBA’s Convention. Lawyers and judges from across the state will gather to recognize judicial service and hear from Memphis lawyer Charles Newman, who served as one of Martin Luther King Jr.’s lawyers during the sanitation workers strike in the spring of 1968. It was the strike that brought King to Memphis, where the day after addressing workers, he was felled by an assassin’s bullet. Also at the lunch, Tennessee Supreme Court Chief Justice Holly Kirby will be recognized with the TBA’s Justice Frank F. Drowota III Outstanding Judicial Service Award and Senior Judge J. Daniel Breen will receive the Judge Pamela L. Reeves Tennessee Professionalism Award, given jointly by the TBA and the Tennessee American Inns of Court. Make plans now to join your colleagues at this annual favorite!

Posted by: Stacey Shrader Joslin on May 20, 2024
News Type: TBA Convention 2024

If you plan to attend the 2024 TBA Convention but have not yet booked your hotel, time is running out! The TBA hotel room block at the historic Peabody Hotel in Memphis will close Wednesday. Book now to take advantage of our special discounted rate.

Posted by: Julia Wilburn on May 17, 2024
News Type: Legal News

ABA President Mary Smith is asking the ABA Commission on Domestic & Sexual Violence to study the prevalence and impact of bar admission questions that require survivors of domestic violence, sexual assault and stalking to disclose their involvement in legal and administrative proceedings. The ABA Journal reports that three U.S. senators raised the issue in a letter to Smith, saying that character and fitness questions on bar applications often require would-be lawyers to disclose whether they have been a party to legal or administrative proceedings. The letter also points out that in some states, broad wording may require survivors to disclose campus sexual misconduct complaints or protection orders related to a domestic violence or sexual assault.

Posted by: Julia Wilburn on May 17, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court in a 6-3 decision ruled that a separate hearing is not required when police seize cars loaned to drivers accused of drug crimes. Two Alabama women loaned their cars to individuals who later used them in drug crimes. They had argued that they were entitled to a preliminary hearing to determine whether police could retain their cars during the forfeiture process. The court said Congress and the states have long authorized police to seize and hold personal property pending a forfeiture hearing, without separate preliminary hearings. The ABA Journal has the story.

Posted by: Julia Wilburn on May 17, 2024
News Type: Congressional News

The U.S. House of Representatives has passed the "Transparency In Charges for Key Events Ticketing (TICKET) Act," which would require event ticket sellers to disclose the total cost of tickets upfront to consumers, including so-called hidden fees. According to The Hill, lawmakers say the bill is aimed at increasing transparency in the live event ticket marketplace by requiring the full cost of event tickets to be disclosed to consumers upfront. The bill also seeks to ban sales of tickets that sellers do not have and guarantee refunds for event cancellations, according to a release detailing the measure. The bill also has been introduced in the U.S. Senate.


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