TBA Law Blog


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Posted by: Paul Burch on Feb 20, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court has left in place the admissions policy at Thomas Jefferson High School for Science and Technology in Virginia, which some parents claim discriminates against highly qualified Asian Americans. The Associated Press reports that the court’s order, over the dissent of Justices Samuel Alito and Clarence Thomas, ended a legal challenge to a policy adopted in 2020 to increase diversity at the elite public school. A panel of the federal appeals court in Richmond had earlier upheld the constitutionality of the admissions policy, which gives weight in favor of applicants who are economically disadvantaged or still learning English, without taking race into account. The effect of the new policy saw an increase in the percentage of Black students from 1% to 7% and Hispanic students from 3% to 11%, while Asian American students decreased from 73% to 54%.

Posted by: Paul Burch on Feb 20, 2024
News Type: Legal News

A new study released Monday shows that in the months after Tyre Nichols' death and passage of an ordinance preventing police from stopping drivers for low-level traffic infractions, the police department increased the number citations issued, reports the Commercial Appeal. The study, Decarcerate Memphis' annual Driving While BIPOC, used information gathered from traffic citations issued by the Memphis Police Department and Shelby County's court system to determine the impact on Black, indigenous and other people of color. The report found that the vast majority of the 2023 pretexts for stopping someone were for vehicle registration issues, and those pretexts were overwhelmingly against Black people. "... Traffic stops are ineffective at reducing or preventing crime," said Alex Hensley, policy chair and steering committee member for the organization.

Posted by: Paul Burch on Feb 20, 2024
News Type: Legal News

Alternative law school admissions program JD-Next could soon join the LSAT and the GRE in gaining the American Bar Association’s stamp of approval, reports Reuters. On Thursday, the ABA’s Council of the Section of Legal Education and Admissions to the Bar will consider a request to deem the program a “valid and reliable” predictor of an applicant’s law school grades. The designation would enable law school admissions offices to use it without special ABA permission. Supporters say JD-Next — which offers an eight week contracts course followed by an exam — is an important new tool for law schools because it captures law school aptitude without the racial score disparities seen on other standardized tests.

Posted by: Paul Burch on Feb 20, 2024
News Type: Upcoming

The15th Annual Appalachian Public Interest and Environmental Law (APIEL) conference will be held Oct. 5 at the University of Tennessee College of Law. APIEL brings together lawyers, scientists, students and members of the general public to discuss environmental issues impacting Appalachia. The goal of the conference is to create a dialogue between lawyers, activists and scientists on local areas of need, and to foster engagement within the community to be forces of change in the legal realm. Conference planners are now accepting proposals for speakers and panels. Submit any recommendations by email to apiel.info@gmail.com.

Posted by: Paul Burch on Feb 20, 2024
News Type: TBA CLE

Make plans now to join colleagues on May 10 for the inaugural TBA YLD Trial College. The program, which will be held at  Belmont University College of Law, will cover a range of litigation topics, including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting Voir Dire, planning for and presenting opening statements and more. The day will start at 8 a.m. CDT with registration, followed by programming from 8:30 a.m to 4:45 p.m. at the Randall and Sadie Baskin Center, 1901 15th Ave. S., Nashville 37212. All registrants will receive a copy of Tennessee Rules of Civil Procedure and Evidence by The Law Office of John Day, P.C.. In addition, several copies of the new edition of Tennessee Law of Civil Trial will be given away. All members of the legal community are invited to join the conference speakers and registrants at Chago's Cantina located at 2015 Belmont Blvd. in Nashville for a networking happy hour after the program.

Posted by: Stacey Shrader Joslin on Feb 20, 2024

State Sen. Brent Taylor, R-Memphis, is suggesting that Memphis-area suburbs split off from the Shelby County court system and hire their own district attorney, Local Memphis reports. Taylor argues that such a move is necessary, alleging that Shelby County District Attorney Steve Mulroy is soft on crime and citing problems with three judges who have been reprimanded in recent years. Mulroy responded to Taylor’s suggestion, saying: “I don’t think reprimands of judges affect the backlog. The judge is still able to rule on cases as before. I don’t anticipate that any reprimands of late would slow down the processing of cases.” On the backlog of cases, Mulroy says, “We’ve been trying cases at a faster rate in 2024 to date than last year. More importantly, the courts can set trials only a few months out, which is better than it has been in the past. What we need to focus on is the number of cases which are pending for more than a year and a half. That is unacceptably high, and we’re working on reducing that number.”

Posted by: Stacey Shrader Joslin on Feb 19, 2024
News Type: Passages, Upcoming

The Memphis Bar Association (MBA) will host its annual memorial service on April 11, beginning at noon CDT, for members who have died over the past year. The in-person event will take place at Calvary Episcopal Church, 102 N. Second St., Memphis 38103. A reception will follow the service.

Posted by: Stacey Shrader Joslin on Feb 19, 2024
News Type: Legal News

A coalition of major U.S. plaintiffs' law firms are asking the federal judiciary to modernize rules that govern civil trials to encourage live-streamed testimony by witnesses who are unable to appear in person. Attorneys at 12 law firms led by the class action firm Hagens Berman Sobol Shapiro wrote in a letter to the federal judiciary's top rulemaking committee, arguing that when a witness could not appear in person, the courts should favor having them testify virtually rather than use "spliced, disjointed video clips from depositions." Read more about the proposal from Reuters.

Posted by: Stacey Shrader Joslin on Feb 19, 2024
News Type: Legal News

Baker Donelson has named eDiscovery officer Clinton Sanko as managing shareholder of its Chattanooga office. While serving in the role, Sanko will maintain his practice as a litigation trial lawyer. He succeeds Russell Gray, who served as managing shareholder of the office since 2012. Gray will continue to focus on his practice, which includes labor and employment and commercial litigation matters. Read more in a news release from the firm.

Posted by: Stacey Shrader Joslin on Feb 19, 2024

A new opinion from Tennessee Attorney General Jonathan Skrmetti finds that a ticketing system being utilized by the Tennessee House of Representatives for public access to the chamber is allowable under the state’s constitution. The system, introduced at the beginning of the session, allocates one ticket for every lawmaker to give to a member of the public during each House session. Establishing a ticketing system falls within the authority of the General Assembly to regulate and manage access to the Capitol building, Skrmetti said. The system “would not run afoul of the 'open door' provision of [the Tennessee Constitution] because it would not close the doors to the public; it would merely manage public access to the limited space that is available," he wrote.


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