TBA Law Blog


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Posted by: Julia Wilburn on May 13, 2024
News Type: Legal News, TBA CLE

TBA members and guests traveled to Dublin and Belfast, Ireland, May 7 through today for an international CLE series. Seven hours of CLE topics included an introduction to the Irish legal and constitutional system, European Union (EU) law, fundamentals of civil and criminal law, as well as more specialized topics to include immigration law, human rights, international law, environmental law, brand rights and intellectual property. The program provided participants with a deeper understanding of contemporary Irish law and business practices, international law and economic relations. The group visited the Law Society of Ireland and the Bar of Ireland, as well as the Four Courts, and learned about the legal structure of the organizations while networking with key leadership and associate members. Highlights in addition to the educational programs included visits to the Dublin’s National Museum of Ireland, Christ Church Cathedral, EPIC Museum, Guinness Storehouse Experience, Trinity College and Library, Game of Thrones Studio Tour and Titanic Belfast Museum. Excursions outside of the cities included Howth and Glendalough national parks with some members visiting Western Ireland and the Cliffs of Moher. TBA President Jim Barry said, “This has been the trip of a lifetime! Excellent food, hotels and CLE! The best part is the incredible friendships that developed with our fellow TBA travelers — memories never to be forgotten.” See pictures from the trip. Interested in learning more about TBA's next CLE abroad destination? Complete this form to receive updates.

Posted by: Stacey Shrader Joslin on May 13, 2024
News Type: Legal News

The American Bar Association’s (ABA) legal education arm may be moving toward endorsing lawyer licensing pathways that do not involve passing the bar exam, Reuters reports. While still in the preliminary stages, the council of the Section of Legal Education and Admissions to the Bar is slated to weigh a draft policy statement urging states to “create diverse pathways to licensure.” The group meets next on May 17.

Posted by: Stacey Shrader Joslin on May 13, 2024
News Type: Legal News

Gov. Bill Lee on Friday signed a $1.9 billion franchise tax cut into law, the Tennessee Journal reports. The law provides businesses with state operations $1.55 billion in refunds for the past three tax years if they paid the property tax element of the two-component tax. It also eliminates the property tax portion going forward at a projected cost of $405 million per year.

Posted by: Stacey Shrader Joslin on May 13, 2024
News Type: Legal News

Davidson County General Sessions Judge Jim Todd details the challenges of the current bail system and offers ideas for reform in a recent interview with the Nashville Banner. Among the issues, he cites lack of access to criminal records outside of the county and inadequate supervision and enforcement of bond conditions. To improve the system, Todd — who has worked as both a prosecutor and defense attorney — is working on an agreement with the county sheriff to check criminal histories in the National Crime Information Center database. He and other judges also plan to ask the local government to fund new positions to handle that task. Additionally, Todd argues that Metro should adopt a bond supervision system similar to the federal courts. He and Criminal Court Judge Cynthia Chappell are working on a pilot program along those lines to increase supervision of those released on bail.

Posted by: Stacey Shrader Joslin on May 13, 2024
News Type: Legal News

The administration of President Joe Biden has asked a federal judge to terminate key aspects of a 1997 settlement agreement that established minimum standards for housing unaccompanied migrant children in detention facilities. Reuters reports that the U.S. Department of Health and Human Services is arguing it should be released from the settlement now that it has adopted regulations. The Flores settlement, named for a 1985 class action lawsuit, generally places a 20-day limit on detaining children who enter the country without documentation and requires facilities that house them to be licensed by state authorities.

Posted by: Stacey Shrader Joslin on May 13, 2024

President Joe Biden last week signed into law a bill sponsored by U.S. Sen. Marsha Blackburn, Republican of Tennessee, that is designed to expand reporting about the sexual exploitation of children online. Under the bill, website and social media companies must report incidents of sex trafficking, grooming or enticement of children for sexual acts to the National Center for Missing and Exploited Children. Companies previously were required to report only on child sexual abuse. The new law also toughens penalties for companies that fail to report crimes, and requires evidence to be preserved for one year, instead of the current 90 days, giving law enforcement more time to investigate and prosecute crimes. The Tennessean has more.

Posted by: Stacey Shrader Joslin on May 13, 2024

U.S. Supreme Court Justice Neil Gorsuch will be out with a book this summer. ”Over Ruled: The Human Toll of Too Much Law” will be released Aug. 6 according to Harper Collins. The book is written by Gorsuch and one of his former clerks, Janie Nitze. According to the publisher, Gorsuch and Nitze will review a variety of legal cases, from fishermen in Florida to an Internet entrepreneur in Massachusetts, and how Americans find themselves “trapped unexpectedly in a legal maze.” The Associated Press has more on the book.

Posted by: Laura Labenberg on May 12, 2024
News Type: Legal News

The TBA YLD held its inaugural Trial College event at Belmont University College of Law in Nashville last week. The program covered a range of litigation topics including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting voir dire, and planning and presenting opening statements. It concluded with a panel of experienced judges designed to provide insights from the judicial perspective. TBA YLD President Quinton Thompson and TBA YLD Past President Billy Leslie served as host and moderator. See photos from event.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

Longtime Chattanooga City Court Judge Russell Bean, who served on the bench for more than two decades and retired in 2022, was honored Friday with a portrait unveiling at the Chattanooga Courthouse. Bean said he was most grateful to have had the opportunity to help young people who came before him in the courtroom, where he mostly heard traffic violations. Local 3 News has the story. See photos from the event on Facebook.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

The Center for Biological Diversity (CBD) has filed suit against the U.S. Fish and Wildlife Service over its refusal to grant a rare southern salamander Endangered Species Act protections. The Tennessee Lookout reports that the Berry Cave Salamander, which stretches to a little over 9 inches long, has been found in only a handful of isolated caves — most in east Tennessee — where rapid growth combined with farm runoff, climate change and a legacy of contamination from old quarry mines continues to degrade the creatures’ environment. The largest known population of the salamander lives in the Mead’s Quarry Cave in Knoxville, where its numbers have shrunk by at least 60% over the last decade, according to the Southern Environmental Law Center, which is representing the CBD.


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