TBA Law Blog


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Posted by: Suzanne Craig Robertson on Jan 2, 2018

"We have a once-in-a-generation opportunity to put indigent representation on a path to real and lasting reform," TBA President Lucian Pera writes his January Tennessee Bar Journal column. "Reform matters especially to us as lawyers because of the special commitment we all made in the admission oath we each swore. It also matters especially to us because the system won’t work without the full participation of lawyers. [This] depends in part on the system’s fair compensation of lawyers who accept appointments to represent the indigent." Pera asks lawyers to help achieve reforms mapped out by the Supreme Court. The magazine delves into the subject in an article by Elizabeth Slagle Todaro, and focuses on other access to justice areas, too, with updates on initiatives, innovations through Equal Justice Works fellowships and features on this year's public service award honorees.

Posted by: Anne Wirthlin on Jan 1, 2018

2017 was a year of firsts for the Tennessee Supreme Court Access to Justice Initiative and the Access to Justice Commission.

Posted by: Suzanne Craig Robertson on Dec 6, 2017

Glasby's Fortune by Brentwood lawyer James H. Drescher, a novel about a pirate, is reviewed by the Tennessee Bar Journal's resident "pirate law scholar" Russell Fowler in the December issue. Columnist Eddy R. Smith asks if most trusts should last indefinitely, and Kathryn Reed Edge explains the phases of banking law: good economic times, recessionary times ... and "wedding season." Humor columnist Bill Haltom reminisces over Christmases Past. The bankruptcy of Toys 'R' Us has him feeling guilty for not shopping there anymore now that his kids are grown.

Posted by: Suzanne Craig Robertson on Dec 1, 2017

Follow the 38-year legal battle to secure educational opportunity for African-Americans in Tennessee's public colleges and universities, in this issue. Written by C.A. Gonzalez, who was the mediator and court's monitor in the case, the article explains all the twists, turns and intrigue of the famous Geier case that changed everything. Also, TBA President Lucian T. Pera explains what he sees as a market failure for lawyers as well as what the solutions could be. In a feature article, Tennessee's 1865 Constitution and "the return of civil government" is examined by former TBA President Sam D. Elliott. Read the December Tennessee Bar Journal.

Posted by: Suzanne Craig Robertson on Nov 8, 2017

Wade V. Davies’s criminal law column this month is about the Mens Rea Reform Act of 2017 and how it is possible to be convicted of a criminal offense without having meant to do anything wrong. Russell Fowler writes about Thomas E. Dewey, “America’s Greatest Prosecutor,” and Bill Haltom takes a humorous look at the new facial recognition technology on iPhones.

Posted by: Katharine Heriges on Nov 1, 2017

The General Assembly’s 2017 amendments to the data breach law are a step toward addressing the threats of cyber-theft and the challenges it poses to residents and businesses. W. Russell Taber III writes in the November Tennessee Bar Journal what you need to know to advise your clients in the event of such a breach. Also read Marshall L. Davidson III’s how-to for oral arguments so your appeals will stay on track. In his column, TBA President Lucian T. Pera addresses the problematic gap between existing legal needs of ordinary Americans and the ability of the legal profession to meet those needs.

Posted by: Suzanne Craig Robertson on Oct 18, 2017

Columnists in this month's Tennessee Bar Journal cover a variety of topics. Edward Phillips and Brandon Morrow take on public employers and the battle over gun rights; Monica Franklin surveys services and rights for seniors; and Bill Haltom's shares his take on women in the courtroom. Read the October issue.

Posted by: Suzanne Craig Robertson on Oct 2, 2017

The October Tennessee Bar Journal documents a time when just about anyone could practice law with little or no formal training. Lewis Laska writes about a "fake law school" that sold degrees, one of the factors that propelled the legal community to work toward uniformity, education and a written bar exam as standards to practice law. President Lucian Pera tells about lawyers' efforts in the wake of recent hurricanes, as well as ways you can help. Scott Ross gives an update on injury damages under Tennessee law. Russell Fowler shows how Louis Brandeis promoted the idea of pro bono — which is fitting because October is "Celebrate Pro Bono Month!"

Posted by: Suzanne Craig Robertson on Sep 12, 2017

"Errors in isolation may not be impactful," writes David L. Hudson, "but multiple errors together or cumulatively may require a finding that the defendant's trial does not comport with the due-process ideal of fundamental fairness." Hudson takes a detailed overview of the Cumulative Error Doctrine in this issue of the Tennessee Bar Journal. Columns include John Day's torts, John Williams' book review on Lincoln’s Greatest Case, and in perfect timing for the start of football season, Bill Haltom takes a humorous look at a current lawsuit heating up in the Southeastern Conference.

Posted by: Katharine Heriges on Sep 1, 2017

The September Tennessee Bar Journal covers updates in divorce law, with details from B.J. Strickland about recent federal actions impacting military service members. Also, Family Matters columnists Marlene Eskind Moses and Ben Russ explain 2017 modifications to state child support laws. In perhaps one of the most important subjects, President Lucian Pera writes about recent studies showing how the legal profession has a much higher rate for addiction than other professions – and that those in the first 10 years of practice are most at risk. Pera offers startling statistics and helpful resources, suggesting that lawyers should be aware of warning signs and “if you see something, say something.”


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