An effort to end the American Bar Association's longstanding requirement that law schools use the LSAT or other standardized test in admissions has failed for a second time in six years, Reuters reports. The ABA House of Delegates rejected the change to its accreditation standards today after more than an hour of debate. The proposal to allow law schools to go "test optional" in 2025 has divided law schools and the ABA itself, with law student diversity emerging as the primary point of contention. Those supporting the change argued that the LSAT is a barrier for minority test takers because on average they score below white test takers and because law schools rely too heavily on those scores. Those opposing the change warned that eliminating the requirement would make admissions offices more dependent on subjective measures such as the prestige of an applicant’s college, which could disadvantage minority applicants.

LAW TECH ’23 is returning as a live and in-person program this year! Make plans now to join us March 10 from 9 a.m. to 4 p.m. CST at Belmont University College of Law in Nashville. This year's program will offer opportunities to network with sponsors, attendees and speakers, and win prizes! Topics to be covered include using technology to advance your practice, what role ChatGPT AI will play in legal document creation, analyzing online advertising, and a deep dive into remote ADR. Another highlight of the day will be the ever-popular "Bill & Phil Show" with Bill Ramsey and Phillip Hampton. Learn more and register here.

The judges of the U.S. District Court for the Western District of Tennessee have selected Wendy Oliver as the next clerk of court following the retirement of Tom Gould at the end of January. Oliver served as the deputy clerk under Gould. The judges report they are very pleased that Oliver has accepted the position and are confident she will be an outstanding clerk. Oliver has devoted her entire adult career to the court, the judges say in a statement.

Nashville lawyer Maclin P. “Mac” Davis Jr. died Jan. 11 at the age of 96. A 1950 graduate of Vanderbilt University Law School, his first legal job was with the law firm of Armistead, Waller, Davis & Lansden. He was made partner in 1955. In 1967, the name of the firm was changed to Waller Lansden Dortch & Davis. Except for a nine-year interlude as a partner in the Nashville office of Heiskell, Donelson, Bearman, Adams, Williams & Caldwell, Davis worked at Waller for his entire career. Davis also served as a member of the state House of Representatives from 1954-1956. His most significant case was his own challenge to force the legislature to reapportion itself every 10 years. The case led to the “one man, one vote” decision of the U.S. Supreme Court. Funeral services will be held Feb. 11 at 2 p.m. CST at St. George’s Episcopal Church, 4715 Harding Rd., Nashville. A reception will follow. Interment of ashes will be at Woodlawn Memorial Park Cemetery on Feb. 13 at 11 a.m. Memorial donations may be given to Grace Episcopal Church, 5291 Main St., Spring Hill 37174; St. Andrew’s Anglican Church, 4513 Park Ave., Nashville 37209; the W.O. Smith Nashville Community School of Music, 1125 8th Ave. S., Nashville 37023; or the animal rescue organization of the donor’s choice.

The board overseeing Tennessee's emergency medical services voted today to suspend the licenses of two Memphis Fire Department personnel for not providing on-scene medical treatment to Tyre Nichols after police officers beat him. EMTs Robert Long and JaMicheal Sandridge were called to the scene to treat Nichols' injuries, but in a 19-minute video they are seen standing around Nichols, sometimes pacing. Matthew Gibbs, an attorney for the Tennessee Department of Health asked for the suspensions. The Tennessean reports on the proceeding.

Alternative legal services providers, known as ALSPs, have shown accelerated growth and now make up $20.6 billion of the legal market, according to a recent report. The Thomson Reuters Institute’s biennial “Alternative Legal Services Providers 2023” found that ALSPs are up 45% since the last report in 2021. The most common use of ALSPs is for specialized expertise. But the lines between ALSPs, firms, corporate departments and technology and software firms are “rapidly blurring,” according to the report. The ABA Journal has more on the findings.

A Republican lawmaker said during a public hearing this week that the Tennessee Bureau of Investigation (TBI) is probing the conduct of current and former employees of the Department of Children's Services — an investigation the TBI would neither confirm nor deny. "I've been made aware of a specific instance where the Tennessee Bureau of Investigation has gotten involved in an internal investigation of DCS employees and former DCS employees," Rep. David Hawk, R-Greenville, said Monday during a Finance, Ways and Means Committee hearing on emergency funding for the agency. The Chattanooga Times Free Press has the story.

The Tennessee Democratic Party (TNDP) announced yesterday it will begin taking an active role in nonpartisan elections and will endorse candidates who run as independents in partisan races. “In the 2022 cycle, we had a lot of candidates running in nonpartisan races or running as independents we couldn’t support,” said TNDP Chair Hendrell Remus. The party has a longstanding practice of not being involved in nonpartisan races. Kent Syler, a political science professor at Middle Tennessee State University, says the move is likely a response to Republican legislation to increase the role of partisan elections. This year, bills have been introduced to make all state and local elections partisan, require Supreme Court judges to declare a party affiliation, and institute a closed primary system in which all voters must declare a party affiliation before voting. Tennessee Lookout has more on the story.

Nashville parks officials are seeking state approval to remove a monument of a confederate soldier in Centennial Park, Tennessee Lookout reports. The statue, a life-sized bronze sculpture of a young man holding a rifle, sits across a field from the Parthenon. Officials have not said where they will move the monument to if they get approval. Their request will be heard by the state Historical Commission on Feb. 17.

The American Bar Association (ABA) kicked off its Midyear Meeting in New Orleans this week. Today, the ABA the Board of Governors met. Tomorrow, Tennesseans at the meeting will gather for a reception to honor past TBA Executive Director Joycelyn Stevenson. On Sunday, the House of Delegates Nominating Committee will vote on the next president-elect nominee. Bill Bay, a partner with Thompson Coburn in St. Louis and past chair of the House of Delegates, is running unopposed. On Monday, the House is expected to consider nearly 30 proposed resolutions and amendments. Among those is a proposal to eliminate the law school admissions test (LSAT) requirement. A previous push to abandon the exam fell apart at the last minute, Reuters reports. The ABA Journal has more on the meeting.