The TBA Administrative Law Section recently announced that Vanderbilt Law School 3L Kyle M. Brinker has won its 2021 Section Writing Competition. Brinker’s article, A Gundy Revival in the Age of Public Health, looks at the nondelegation doctrine and how the doctrine should be interpreted in light of the COVID-19 pandemic. Brinker analyzes how the U.S. Congress enacted broad laws delegating authority during the public health crisis and argues that “principles” of delegation should be more lenient in times of emergency. This year's competition was sponsored by the Administrative Law Section, Burr & Forman LLP and Memphis Area Legal Services. Brinker is articles editor on the Vanderbilt Law Review. He served as a summer associate last year at Fried, Frank, Harris, Shriver & Jacobson in Washington D.C. Read more from the school.

The Tennessee Supreme Court recently granted review to six cases. The Raybin Supreme Court Hot List reviews the cases, which raise issues including mootness, the Health Care Liability Act, probation violations, attorney fees, speedy trials and ineffective assistance of counsel.

Montgomery County Commissioner Jason Knight claims the county is violating his First Amendment rights, as well as of those who comment on the proceedings, by banning him from livestreaming meetings to his Facebook page, Mainstreet Clarksville reports. In September, a federal district judge will hold a bench trial in Nashville to determine if that is the case. The commission banned live broadcast of its meetings by anyone other than itself in 2019. A year ago, U.S. District Judge Eli Richardson found it plausible that livestreaming the meetings would be considered expressive conduct. The county is arguing that the practice poses a security threat to commissioners and that anyone who wants to watch remotely can do so on its YouTube channel. 

Hamilton County Circuit Court Judge Jeff Hollingsworth previously announced he will not run for re-election in 2022. Now he has revealed his plans for the future. The Hamilton County Herald reports that he will open a mediation practice with his daughter, Katy Hollingsworth, after stepping down from the bench. The duo will handle civil and family matters. Since announcing his departure, Hollingsworth has been meeting with local lawyers considering a run for the post, giving them an assessment of what the job requires. The Herald captures some of his advice and looks back over his judicial career.

With less than a week before federal moratoriums on evictions and foreclosures are set to expire, the Biden administration is racing to put resources in place to ensure low-income families do not lose their homes, Fox 17 reports. So far, the administration has resisted calls to extend the bans beyond the current expiration date of July 31. Instead, the government has announced plans to expand assistance for mortgage holders at risk of foreclosure by allowing certain borrowers to extend the length of their mortgages and lock in lower monthly payments. Estimates indicate that 1.55 million homeowners are seriously delinquent in their payments.

The Tax Law Series 2021 is now available to watch on demand! The four-part series includes What’s New with the IRS? with Kati Sanford Goodner; Update on CARES Act, PPP Round 2 & ERC with Brad Sagraves; Biden Your Time Until the Next Tax Bill with Joe Fernandez and Ethan Ward; and The Informal Conference Process with Kristin Husat and Phillip Ewing. Each program offers one hour of CLE credit and may be purchased separately.

The Tennessee Supreme Court suspended 15 attorneys Wednesday for failure to pay the annual registration fee. Ten of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the July 21 fee suspension order and IOLTA suspension order. See the list of all lawyers suspended for fee and IOLTA violations in 2021 or access all administrative suspensions dating back to 2005.

The 6th Circuit Court of Appeals today affirmed a ruling from U.S. District Judge Mark Norris in Memphis that the Centers for Disease Control (CDC) had no authority to impose a ban on landlords evicting tenants during the economic crisis caused by the pandemic. The current ban is set to expire July 31, the Daily Memphian reports. The ruling is still relevant though, says Joshua Kahane of Glankler Brown, who represented landlords challenging the moratorium last fall. In imposing the ban 10 months ago, the CDC claimed its authority for the “unprecedented action” derived from the Public Health Service Act of 1944. But the appeals court found that while the law allows the agency to take emergency actions to prevent the spread of disease, the law does not include anything like an eviction ban, instead authorizing health and safety actions such as inspections, fumigations and destruction of animals.

The U.S. District Court for the Eastern District of Tennessee recently announced the winners of its annual essay contest for high school students, the Hamilton County Herald reports. K’Lee Bryant is the winner for the northern division of the court, with courthouses in Knoxville and Greeneville. Bryant is a 2021 graduate of Greeneville High School and will attend Tennessee Tech University in the fall. Lisa Lin is the winner for the southern division of the court, with courthouses in Chattanooga and Winchester. She is a rising 10th grader at Signal Mountain High School. Each year the court partners with the Federal Bar Association to educate students and engage them in topics regarding our country’s government. For this year’s contest, students addressed the topic, “What Does It Mean to Support and Defend the Constitution?” Essays were judged by the court's Outreach and Education Committee.

Vanderbilt University announced it will honor one of its most revered alumni with the launch of the new James Lawson Institute for the Research and Study of Nonviolent Movements, the Nashville Business Journal reports. Scheduled to launch this fall, the institute will use evidence-based research and education rooted in nonviolent strategies to develop a new generation of community organizers. Activities will include public workshops, seminars and learning opportunities. In 1958, Lawson became active in the “Nashville Student Movement” which included sit-ins at segregated lunch counters. He was later expelled from the Vanderbilt Divinity School for his role in the movement, but eventually reconciled with the school and returned to teach there.