Tennessee Attorney General Jonathan Skrmetti published an opinion on Jan. 19 about a proposed bill that would prohibit the Tennessee National Guard from being released into federal active duty combat unless the U.S. Congress declares war. The Tennessean reports that HB1609, sponsored by Rep. Jay Reedy, R-Erin, would make exceptions to expressly execute the laws of the union, repel an invasion or suppress an insurrection. Skrmetti's opinion says the proposal is “constitutionally suspect” under the Supremacy Clause of the U.S. Constitution. “While the constitutionality of the War Powers Resolution has been questioned, it remains controlling federal law ... Under the War Powers Resolution, Congress may authorize the president to use military force without a declaration of war, and even when Congress may decide to make a declaration of war, the War Powers Resolution allows the president to use military force before any such declaration is made.” Read the opinion.

Suzanne Craig Robertson, former editor of the Tennessee Bar Journal, and Gary Wade, former chief justice of the Tennessee Supreme Court, will be featured speakers at the Rose Glen Literary Festival in Sevierville on Feb. 24. Robertson is the author of “He Called Me Sister: A True Story of Finding Humanity on Death Row," the story of her family's 15-year friendship with Cecil Johnson, who was on Tennessee's death row and was executed in 2009. Johnson's final appeal prior to his execution for multiple counts of first-degree murder was heard during Wade's tenure as chief justice. Join them for an engaging conversation highlighting their perspectives on Johnson’s life and legacy. The event will take place from 2-3 p.m. EST at the Sevierville Convention Center, 202 Gists Creek Rd., Sevierville 37876.

The American Bar Association's (ABA) House of Delegates will vote Monday during the group's midyear meeting in Louisville, Kentucky, on a proposed resolution to oppose laws that ban teaching about race. Reuters reports that nearly a dozen ABA entities have jointly submitted a resolution opposing any federal, state or local laws or policies that “restrict the teaching and inclusion of studies on the experiences, roles and contributions of any individual or group” on the basis of their race, gender identity, sexual orientation or religion, among other identifiers. The proposal also opposes restrictions on books or other school resources that address those topics.

The Association for Women Attorneys (AWA) of Memphis honored Tennessee Court of Criminal Appeals Presiding Judge Camille McMullen with the Marion Griffin-Frances Loring Award at its annual banquet on Jan. 25. The award is presented to someone who exhibits outstanding achievement in the legal profession. “Marion Griffin and Francis Loring were pioneers in the fight for civil rights and social justice,” said Judge McMullen. “Through their collective power, these women worked tirelessly to advance gender equality across Tennessee. I applaud the AWA for establishing this award, which serves as a testament to the shoulders upon which we stand as women in the law. I am thankful and deeply moved to be recognized with this incredible honor.” McMullen was appointed to the Court of Criminal Appeals in 2008. In 2023, she was elected the first woman and the first African American to lead the 12-member court.

William Hoytte "Bill" Austin Jr. died on Jan. 29 at age 88. Originally from Mississippi, Austin graduated from The University of Mississippi in 1956, returning home to Lake Cormorant to manage his family farm, the largest dairy cattle herd and operation in the state of Mississippi at the time. Under his leadership, Austin Farms built the most advanced milking parlor facilities in the south. When the family farm was sold, Austin decided to make a career change. He attended Memphis State School of Law and received his law degree in 1972. Austin opened his own practice in 1977, known today as The Austin Law Firm. Licensed to practice law in Tennessee, he was a fellow of the Mississippi Bar Foundation and past president of the DeSoto County Bar Association. Memorials may be sent to The William Hoytte Austin Jr. Endowed Scholarship at Northwest Mississippi Community College, 4975 Highway 51N. Senatobia, MS 38668.

The American Bar Association Tort Trial and Insurance Practice Section (TIPS) announced that it will honor Penny White with its Robert B. McKay Law Professor Award. The award recognizes law professors who have shown commitment to the advancement of justice, scholarship and the legal profession, demonstrated by outstanding contributions to the fields of tort, trial practice or insurance law. Until her retirement in 2022, White was the Elvin E. Overton Distinguished Professor of Law and served as the director of the Center for Advocacy and Dispute Resolution at the University of Tennessee College of Law. She taught courses in evidence, trial practice, pretrial litigation and negotiation and assisted with the law school’s various clinical and externship programs. The award will be presented at the ABA Midyear Meeting in Louisville, Kentucky, during the TIPS Networking Reception on Saturday at 6 p.m. EST at the Louisville Marriott Downtown.

Tennessee's 113th General Assembly is now in session and TBA's Legislative Updates podcast is back for Season 5! Lawmakers filed a combined total of 682 bills just this week; the filing deadline for the House was Jan. 31 and Feb. 1 for the Senate. Attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin host the podcast to discuss what's ahead for the legislative year and the bills TBA is sponsoring, especially around indigent representation. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or other podcast services. In this episode, the hosts discuss TBA's conservatorship bill HB2710/SB2254 and TBA's adoption bills: HB2644 and HB2645.

Schwarz has served as director of legislative affairs for the TBA since 2018 but recently left the TBA to focus on her own lobbying firm, Pier Strategies. She continues to represent TBA on legislative matters alongside Lampley and Harbin. Schwarz can now be reached at bschwarz@pierstrategies.net.

Bring your computer (or your pencil if you’re old school — no judgment) and get ready to write. On March 27 from 9-10 a.m. CDT, Stuart Teicher will share multiple exercises that participants will do individually and then discuss as a group to help them become better legal writers. Attendees will learn the best way to integrate sources into their legal writing, how to write in plain English, how to rework complicated passages and more! Eligible for one dual CLE credit.

The TBA's 2024 Tax Law Forum will take place live in person in Knoxville on Feb. 1, with a focus on the tax implications of the NCAA's new policy on name, image and likeness (NIL) activities. Join E. Michael Brezina, a Knoxville attorney and law professor who also co-founded Next Level Athletics and Varsity Sports Group, for this fascinating discussion. The program still start at 4 p.m. EST at Tennessee Tax Law. Can't make it to Knoxville? The program also will be live streamed to locations in two other cities: Nashville at the offices of Lewis Thomason and Chattanooga at the Olsen Law Firm.

Shelby County District Attorney General Steve Mulroy’s office has released its annual report, which states that the office handled 87,206 cases with an average caseload of 498 per prosecutor during Mulroy's first year in office, from Sept. 1, 2022 to Sept. 30, 2023. “To say that that first year was a challenging one would be an understatement,” Mulroy said. “In my first week alone, we had the heartbreaking case of Eliza Fletcher’s kidnapping and murder followed in the same week by the Facebook Live shooting spree that led to the prosecution of Ezekiel Kelly.” The report covers Mulroy's violent crime initiative, the creation of the Justice Review Unit, the office's efforts in data collection and the expansion of its restorative justice program. The Daily Memphian has the story.