TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 12, 2023
News Type: Legal News

The U.S. Sixth Circuit Court of Appeals this week struck down a Nashville ordinance that denied certain new building permits unless property owners installed a sidewalk or paid into a fund used to build sidewalks elsewhere. The court ruled that the policy was an unconstitutional taking. The court found that so-called legislative exactions are not regulatory takings and are subject to the same degree of constitutional scrutiny any time a government takes property that would ordinarily require compensation. How the ruling will impact those who already paid the fee is unclear. The Metro Law Department said it was “still digesting” the ruling. Read more in the Tennessean or access the opinion.

Posted by: Stacey Shrader Joslin on May 12, 2023
News Type: Legal News

An American Bar Association committee voted today to allow law students to take up to half their classes online, an increase from the previous rule allowing students to take up to one-third of their classes remotely. The proposed change also eliminates the rule that students take no more than 10 credit hours of distance education classes during their first year of law school. The Council of the Section of Legal Education and Admissions to the Bar said the changes will allow law schools to bolster their online course offerings. Reuters has more on the story.

Posted by: Stacey Shrader Joslin on May 12, 2023
News Type: Legal News

Two recent reports from Major, Lindsey & Africa delve into the priorities and perspectives of Millennial lawyers and Gen-Z lawyers and law students. In “Searching for Balance: Millennial Lawyers’ Perspectives on the Legal Industry,” the firm finds that these lawyers rate compensation and work/life balance as the most important factors in evaluating an employer. An overwhelming majority believe that law firm culture is biased against diverse and female attorneys, but 45% say they would like to make partner, up from 24% in 2021. In “Gen-Z: Now Influencing Today's Law Firm Culture,” the firm found that this group is moving away from large firms and traditional career paths. Among law school students who said they want to work at a firm, only 39% said they wanted to go to a large firm — a roughly 20% drop since 2020. Their experience with the COVID-19 pandemic has shaped their expectations around remote work, mental health initiatives and workplace flexibility, and they are motivated by meaningful work that aligns with their personal ethics.

Posted by: Stacey Shrader Joslin on May 11, 2023
News Type: Legal News

Remote access to U.S. civil and bankruptcy court hearings will end in September, the federal judiciary announced yesterday. The courts said the move was being taken because the COVID-19 pandemic no longer affects how they function, according to Reuters. A committee has been collecting data during the pandemic to study whether broadcasts of civil and bankruptcy proceedings should be continued. The courts said the panel might share its findings at the next Judicial Conference set for Sept. 12.

Posted by: Stacey Shrader Joslin on May 11, 2023
News Type: Legal News

The long-awaited U.S. News & World Report “Best Law School” rankings are out today, featuring a revised methodology that increases the weight of employment outcomes and bar passage rates and reduces the weight of LSAT scores and undergraduate grade-point averages, Reuters reports. The news source describes the result as ”an unprecedented number of dramatic shifts.” Some schools saw shifts of 20 or more places. See the full list of rankings from Above the Law.

Posted by: Stacey Shrader Joslin on May 11, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti, in partnership with the attorneys general of Massachusetts, Oklahoma and Washington, D.C., is leading a coalition of states urging Congress to prioritize investment in the Legal Services Corporation (LSC) in the federal FY 2024 budget. A letter to congressional leaders signed by 37 states highlights the vital role the LSC plays in delivering civil legal assistance to those most in need. “The powerful impact of LSC’s work cannot be overstated, particularly in rural areas that tend to have the highest poverty rates in our country,” the group writes. The Legal Services Corporation (LSC) is asking Congress for $1.5 billion for the next fiscal year.

Posted by: Paul Burch on May 11, 2023

The Biden administration yesterday announced a new rule requiring that migrants seeking asylum in the U.S. must first seek protection in another country that offers asylum, The Hill reports. The current rule, known as Title 42 which is set to expire today, allows for the rapid expulsion of migrants without allowing them to first seek asylum. The administration announced it is creating regional processing centers throughout Central America to assist migrants in assessing if they are eligible for a legal pathway into the U.S. Also today, the U.S. House of Representatives passed a bill that would limit asylum protections, stimulate the hiring of border agents, and authorize funding to finish building a border wall, though the measure likely will face opposition in the Senate and by the White House.

Posted by: Paul Burch on May 11, 2023
News Type: Legal News

The U.S. Court of Appeals for the Federal Circuit announced on Friday that Judge Pauline Newman is under investigation by the court for allegedly failing to carry out her duties and for showing signs of cognitive and physical impairment. Newman, 95, is the oldest active federal judge. According to Reuters, Circuit Chief Judge Kimberly Moore signed an order that a three-judge committee had determined that Judge Newman may "suffer a disability that interferes with her ability to perform the responsibilities of her office.” Yesterday, Newman sued Moore and others in an effort to block the investigation.

Posted by: Paul Burch on May 11, 2023

Gov. Bill Lee signed into law a $230 million school safety funding package yesterday intended to boost security at public and private schools, the Tennessean reports. The bill includes funds for increasing security collaboration with state and local law enforcement and for required emergency drills. The bill was filed prior to the shooting at the Covenant School in Nashville on March 27, which killed three adults and three children.

Posted by: Paul Burch on May 11, 2023
News Type: Legal News

A Shelby County Chancery Court judge ruled yesterday that the Memphis City Council can join an ongoing lawsuit filed by two Memphis mayoral candidates who oppose a five-year residency requirement. Memphis mayoral candidates Van Turner, who currently heads the Memphis NAACP branch, and Shelby County Sheriff Floyd Bonner sued the Shelby County Election Commission over the requirement that candidates must have lived in Memphis for at least five years to be eligible. The candidates and the city council argue that a 1996 ballot referendum ended the residency requirement. City attorneys argue the five-year requirement is still in effect. Read more from the Commercial Appeal.


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