TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 6, 2022

Gov. Bill Lee has declined to sign a “truth in sentencing” bill championed by legislative Republicans, The Tennessee Journal reports. Under the final version of the bill, those convicted of nine categories of crimes, including murder, vehicular homicide and carjacking, would be required to serve 100% of their sentences. Those convicted of 17 other violent offenses — such as aggravated assault, reckless homicide or possession of a firearm during the commission of a felony — would be required to serve 85% of their sentences. In declining to sign the bill, Lee said, “Data does not support the basic premise of the legislation ... Similar legislation has been enacted before and resulted in significant operational and financial strain, with no reduction in crime. Widespread evidence suggests that this policy will result in more victims, higher recidivism, increased crime, and prison overcrowding, all with an increased cost to taxpayers.” The bill passed the House on a vote of 86-9 and 20-7 in the Senate. It will become law without Lee’s signature.

Posted by: Stacey Shrader Joslin on May 6, 2022
News Type: Your Career

The Johnson City law firm of Brett Cole Law PLLC is seeking an associate to join the small firm that focuses on estate planning and estate administration practice areas. The firm also performs some business transactions. Two or more years of experience is preferred but not required. Applicants also should have experience in estate planning, familiarity with legal documents, the ability to build rapport with clients and multi-task, and strong analytical and problem solving skills. To apply send a resume to brett@brettcolelaw.com. See the full job listing on the TBA’s JobLink site.

Posted by: Ateia Aldridge & Stacey Shrader Joslin on May 6, 2022
News Type: Upcoming

Young lawyers in Tennessee and other Southeastern states are invited to attend the Southeastern States Young Lawyers Regional Summit in Orlando on Sept. 22-24. The event, which will be held at Disney’s Yacht & Beach Club, will bring together young lawyers for compelling continuing education programs, collaboration and networking opportunities. Programming will focus on marketing your practice, managing non-attorney staff, handling finances and promoting diversity and inclusion in the profession. Social events include an opening reception on Thursday night and an optional “Network Around the World” at Epcot’s International Wine & Food Festival on Saturday. The $250 early registration fee includes up to five hours of CLE credit, materials, admission to Thursday's Welcome Reception, and breakfast, beverage break and lunch on Friday. Register for the conference and be sure to book through the room block for discounted room rates. For questions, contact TBA Young Lawyers Division Coordinator Ateia Aldridge.

Posted by: Stacey Shrader Joslin on May 6, 2022
News Type: Legal News

The American Bar Association's push for required bias training for law students and its initiative to beef up law school diversity and inclusion rules have disturbed some who say the body is imposing a specific ideology on future lawyers, Reuters reports. Legal blogger and Cornell Law Professor William Jacobson told a panel at the Federalist Society’s 10th Annual Executive Branch Review Conference that the ABA has "stepped out of its lane" and should not impose mandates in the “hotly contested” arena of diversity and bias. Others have criticized the requirement for encroaching on law schools' autonomy. In February, the ABA adopted a requirement that law schools provide training in bias, racism and cross-cultural competency. It is now in the final stages of adopting a revised diversity and inclusion standard that schools must meet regarding racial and ethnic diversity among students, faculty and staff. Law schools would undergo an annual assessment of their inclusivity under the proposal.

Posted by: Stacey Shrader Joslin on May 6, 2022
News Type: Legal News

The new Fred D. Thompson U.S. Courthouse and Federal Building in downtown Nashville officially opened last week after several days of partial operations and years of planning, designing and construction, the Nashville Post reports. The new building has already been christened with its first protest, as hundreds of pro-choice advocates gathered there earlier this week following news of a draft U.S. Supreme Court ruling that would overturn Roe v. Wade. The process of building the new courthouse began in 2015 when Tennessee’s congressional delegation secured funding. Initial work began in 2016. The Church Street property had been eyed as a possible location for a new courthouse for at least two decades.

Posted by: Stacey Shrader Joslin on May 6, 2022
News Type: Legal News

The 7th Circuit Court of Appeals ruled last week that Wisconsin’s mandatory bar does not violate the First Amendment rights of lawyers in the state, the ABA Journal reports. The appeals court turned down a challenge, which argued that the 2018 U.S. Supreme Court decision in Janus v. AFSCME implicitly overruled the 1990 decision in Keller v. State Bar of California. In Keller, the court held that compulsory state bars can use dues to regulate the profession and improve legal services, but not for political or ideological activities. In Janus, the court held that mandatory union dues for collective bargaining violate public employees’ free speech rights. Despite the apparent tension between the two decisions, the appeals court said Keller remains binding precedent. “The foundations of Keller have been shaken,” the court wrote. “But it’s not our role to decide whether it remains good law. Only the Supreme Court can answer that question.” So far, the high court has declined to review the issue.

Posted by: Stacey Shrader Joslin on May 6, 2022

Well-Being Week in Law wraps up today with a focus on emotional well-being, which means we value emotions, think resiliently, savor positive experiences and seek mental health help when needed. The Institute for Well-Being in the Law offers several guides to help lawyers develop these habits. Activity guides include “Retraining Unhelpful Thoughts,” “Savoring Positive Experiences” and “Vanquishing Languishing.” A conversation guide also is available to spur discussion on “Managing Mental Health in the Workplace.” Check out these and other resources from the institute.

Posted by: Stacey Shrader Joslin on May 6, 2022
News Type: TBA CLE

The TBA’s 22nd Annual Health Law Primer will take place Oct. 19 from noon to 4:15 p.m. CDT. The primer is designed for newer health law practitioners, providing a general overview of health law as well as tips on identifying and avoiding the pitfalls of real life situations in the heavily regulated health care industry. The in-person program will take place at the downtown Nashville office of Bass Berry & Sims, 150 Third Ave. S., Suite 2800, Nashville 37201. Thanks to Mark Ison with Sherrard Roe Voigt & Harbison who is producing this program.

Posted by: Kate Prince on May 5, 2022
News Type: Legal News

Gov. Bill Lee made two cabinet appointments today, the Nashville Post reports. Deputy Governor and Department of Finance and Administration Commissioner Butch Eley will now head up the Department of Transportation. He’ll keep his deputy governor role as well as his office in the Capitol. Eley will take over for Clay Bright, who left the department to oversee the new Megasite Authority of West Tennessee. Jim Bryson will succeed Eley at the Department of Finance and Administration. Bryson is currently the deputy commissioner of the Bureau of Parks and Conversation at the Department of Environment and Conversation. He served one term as a state senator and was a candidate for governor in 2006.

Posted by: Kate Prince on May 5, 2022

May is Asian Pacific American Heritage Month and the TBA is celebrating by sponsoring a free CLE program from the Tennessee Asian Pacific American Bar Association. "How We Got Here and the Laws That Impacted Our Journey” will feature a panel that will explore the history of Asian-Americans and the intersection of laws and regulations that affected their rights and their contributions to civil rights in America. The event will take place on May 20 at 3 p.m. CDT at Baker Donelson, 1600 West End Ave., Ste. 2000, Nashville. The program is also available online. Register for the program here.


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