TBA Law Blog


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Posted by: Julia Wilburn on Mar 5, 2024

A group of Democratic Tennessee lawmakers is asking the U.S. Department of Justice (DOJ) to investigate how the state has further restricted the process for people with felony records to get their voting rights back, reports the Associated Press. The group argues that "Tennessee law permits restoration of voting rights through a straight-forward administrative procedure," but the elections office has imposed additional requirements that people get their full citizenship rights restored or secure a pardon in addition to the restoration processes that have been in place. The policy changes began last summer, halting nearly all voting rights restorations. The issue once again sparked outcries from voting rights advocates after elections officials in January made another legal interpretation that restoration of gun rights is part of the requirement. Because of those changes, coupled with existing state and federal laws for certain offenses that permanently ban someone from getting their gun rights back, critics argue the state’s new policy permanently disenfranchises tens or possibly hundreds of thousands of people from getting another chance to vote.

Posted by: Julia Wilburn on Mar 5, 2024
News Type: Legal News

The Administrative Office of the Courts (AOC) has named Samantha Fisher as communications director. In this role, Fisher will serve as spokesperson for the Supreme Court of Tennessee and the AOC. In addition, she will provide communications support to AOC initiatives focused on improving public education and understanding of the judicial branch and its essential role in a democratic society. Previously, Fisher served as communications director for the Office of the Tennessee Attorney General and Reporter where she led and coordinated messaging on the $26 billion opioid distributor’s settlement.

Posted by: Julia Wilburn on Mar 5, 2024

A bill that would require all written driver’s license tests to be given only in English will be taken up by the Senate Transportation and Safety Committee on Wednesday. According to the Nashville PostSB1717/HB1730, sponsored by Sen. Joey Hensley, R-Hohenwald, and Rep. Kip Capley, R-Summertown, “prohibits use of a translation dictionary, electronic device or interpreter to assist with the examination.” Currently, Tennessee offers standard driver’s license tests in English and Spanish. Rep. John Ray Clemmons, D-Nashville, said, “I represent one of the most diverse districts in the state of Tennessee, probably one of the largest immigrant populations in the state ... That is a blatantly discriminatory bill designed to target specific individuals.”

Posted by: Julia Wilburn on Mar 5, 2024

The Certificate of Need Reform Working Group, made up of Republican Tennessee lawmakers, will file a bill this legislative session that will overhaul the current Certificate of Need Program (CON), according to a Feb. 26 email sent to 36 senators and representatives obtained by the Nashville Business Journal. The CON was established in 1972 by the federal government and is a permit for the establishment or modification of a health care institution, facility or service at a designated location, according to the Tennessee Department of Health. The bill will be aimed at eliminating the requirements for certain types of medical facilities and lightening restrictions for others, eliminating the CON requirements for freestanding emergency departments, intellectual and developmental disabilities (IDD) habitation facilities that are licensed by the Tennessee Department of IDD, burn units, neonatal intensive care units and organ transplant facilities. If the bill passes, the new requirements would go into effect on July 1, 2025, and new facilities would be required to receive accreditation within two years. 

Posted by: Julia Wilburn on Mar 5, 2024
News Type: TBA CLE

Join your colleagues on April 11 for Elder Law Basics. This program is designed for attorneys new to the practice, or those looking to brush up on their knowledge in this area. The topics will provide an overview of powers of attorney, pre-admission evaluations, real estate in elder law, how clients can find and afford health care in retirement, ethics and more. Elder Law Basics will take place from 10 a.m. to 2:30 p.m. CDT via webinar.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: Election 2024

The U.S. Attorney’s Office for the Eastern District of Tennessee today announced that Assistant U.S. Attorney (AUSA) Mac Heavener will lead the efforts of the office in connection with the Justice Department’s nationwide Election Day Program for Tuesday's primary election. AUSA Heavener has been appointed to serve as the District Election Officer (DEO), and in that capacity, will be responsible for overseeing the office’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff and election fraud, in consultation with Justice Department Headquarters in Washington, D.C.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: TBA CLE

The TBA will hold an afternoon conversation with Tennessee Supreme Court Chief Justice Holly Kirby and Justice Dwight Tarwater at Burch, Porter & Johnson in Memphis on March 7 from 2:30-4 p.m. CST. Moderated by attorneys Will Perry and Buck Wellford, the panel will discuss each justice's path to the bench, the importance of mentors, the manner in which the justices interact, the importance of the Rule of Law in our society, and more. The event will wrap up with a networking reception from 4:30-6:30 p.m. CST. Make plans today to attend this unique program and reserve your spot soon as space is limited. All members of the legal community are invited to attend the free reception. No reservation for the reception is required.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: Legal News

The Immigration Practice Clinic at Vanderbilt University College of Law today announced a collaboration with Visalaw.ai to use Gen, the first and only immigration law generative artificial intelligence (AI) legal research and drafting product. The clinic is the first anywhere to have access to the product. “We are excited about the potential this tool holds for our clinic’s operations and what it means for students to see the advantages of AI in the practice of law,” said clinic director Alvaro Manrique Barrenechea. The Immigration Practice Clinic at Vanderbilt Law offers legal representation to individuals seeking humanitarian-based immigration relief or benefits from entities such as the U.S. Citizenship and Immigration Services (USCIS), the Memphis Immigration Court and other government bodies.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: Legal News

Two moot court teams from Belmont’s College of Law in February competed in the American Bar Association’s National Appellate Advocacy Competition in Brooklyn, New York, where both teams were undefeated in preliminary rounds. The team consisting of third year law students Elizabeth Finnegan, Ben Tandy and Kealy Welage claimed a third place best brief award and the title of regional finalist. Welage — a swing advocate who argued every round — earned a ninth-place individual advocate award. Cate Farone, Samantha McCaleb and Carli Tuttle made up Belmont’s second moot court team, which advanced to the regional semifinals where they missed the break by one point on one ballot.

Posted by: Julia Wilburn on Mar 4, 2024
News Type: Legal News

Bradley attorney Todd Presnell and Kristi Arth, Belmont University College of Law assistant professor and director of field placements, have co-authored an authoritative guide on evidentiary privileges recognized under Tennessee law and federal law within the Sixth Circuit. "Privileges and Protections: Tennessee and Sixth Circuit Law" contains 16 chapters addressing over 40 evidentiary privileges and related protections, plus an extensive examination of conflict-of-laws issues and the historical origins and development of evidentiary privileges. Read more in a press release from the firm.


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