TBA Law Blog


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Posted by: Liz Slagle Todaro on Jul 1, 2021
News Type: Legal News

The Oregon Supreme Court is asking lawyers and the public for comment on a proposal that would create two alternative ways to become licensed in the state without taking the bar exam, The National Law Journal reports. One proposed option requires law students to spend their last two years of law school focusing on hands-on coursework and submitting a “capstone portfolio” to the state board of bar examiners to demonstrate their minimum competence. A second proposal allows for law graduates to work under the supervision of a licensed attorney for 1,000 to 1,500 hours, then submit a portfolio of work samples for review by the board. Oregon would continue to offer the Uniform Bar Exam twice a year for those who wish the take that test. The court is slated to discuss the proposals at a public meeting July 7.

Posted by: Liz Slagle Todaro on Jul 1, 2021
News Type: U.S. Supreme Court

The Supreme Court today ruled that two provisions of an Arizona voting law that restrict how ballots can be cast do not violate the Voting Rights Act, which bars regulations that result in racial discrimination, reports CNN. Justice Samuel Alito delivered the 6-3 majority opinion in Brnovich v. Democratic National Committee, arguing that the “mere fact that there is some disparity in impact does not necessarily mean that a system is not equally open or that it does not give everyone an equal opportunity to vote.” Justice Elena Kagan authored a dissent that portrayed the ruling as part of an ongoing weakening of the landmark 1965 voting rights law by the high court.

Posted by: Liz Slagle Todaro on Jul 1, 2021
News Type: Legal News

American Bar Association President Patricia Lee Refo moderated a panel discussion at the White House Summit on Eviction Prevention that focused on the elements of successful eviction prevention programs. The effort is aimed at keeping millions of renters in their homes following the anticipated July 31 expiration of the nationwide evictions ban. Refo said the ABA has been working on the eviction crisis for more than a year and cited a report released last month by the ABA and the Harvard Negotiation & Mediation Clinical Program that identified best practices to divert eviction filings and enhance housing stability.

Posted by: Liz Slagle Todaro on Jul 1, 2021
News Type: Upcoming

The Arts & Business Council of Greater Nashville is seeking nominations and applications for Arts Board Matching, a program that trains business leaders in nonprofit board best practices and matches them with local arts organizations for board service. The program is open to all professionals in the Greater Nashville area, and ABC is especially seeking diverse business professionals. Nominations close on July 9. 

Posted by: Suzanne Craig Robertson on Jul 1, 2021

In Sherie Edwards's first Tennessee Bar Journal column as TBA president, she writes about purpose: "your 'why' — your reason for beginning a project, stepping into a new role or giving your time and money to an organization." She explains that "the ‘why’ behind my decision to run for president is simple: to use this role to promote attorney wellness initiatives and to bring business education (in addition to our subject matter CLEs) to our members." Toward that goal about well-being, she also writes "Wellness Corner," which will be a standing feature this year that goes along with her President's Perspective column. This month, it's all about water!

Posted by: Suzanne Craig Robertson on Jul 1, 2021

Read about the new best interest factors for use in termination of parental rights cases in the July/August Tennessee Bar Journal, out today. Dawn Coppock gives the details of the mechanics of the statute and what it means. TLAP's executive director Buddy Stockwell begins a new column for the Journal in this issue. Called "The Buddy System," it is a conversation about when and how to seek help with problems such as alcoholism, drug addiction, compulsive gambling, sex addiction, depression, anxiety issues, or any other type of mental health difficulties. Feature stories in this issue include Kimiya Sarayloo on conservatorship statutes and Jonathan Steen on the effect of bankruptcy on Rule 69.04

Posted by: Stacey Shrader Joslin on Jun 30, 2021
News Type: Legal News

The National Collegiate Athletic Association (NCAA) today approved an interim policy that will clear the way for college athletes to benefit from their name, image and likeness. Governance bodies in all three divisions of the association adopted a uniform policy suspending current name, image and likeness rules for all incoming and current student athletes in all sports. The policy will go into effect tomorrow. The association was expected to make the move given the fact that several state laws allowing college athletes in their jurisdictions to benefit from their name, image and likeness are set to take effect. Tennessee approved such a law this spring. It will take effect in January 2022. NCAA President Mark Emmert addressed the proliferation of state laws. “With the variety of state laws adopted across the country, we will continue to work with Congress to develop a solution that will provide clarity on a national level,” he said. In related news, the U.S. Supreme Court last week ruled that the NCAA cannot restrict education-related benefits for college athletes.

Posted by: Stacey Shrader Joslin on Jun 30, 2021
News Type: Legal News

E-cigarette manufacturer JUUL Labs has agreed to pay $40 million in the first settlement with a state attorney general, National Public Radio reports. The settlement with North Carolina Attorney General Josh Stein resolves claims that JUUL helped fuel an epidemic of youth vaping and teen nicotine addiction through deceptive marketing of its products. The company also pledged to take more action to prevent underage use and sales. In 2019, Stein launched the first of what would become multiple suits from state attorneys general. Tennessee joined a bipartisan, multistate investigation of JUUL in 2020.

Posted by: Stacey Shrader Joslin on Jun 30, 2021

The Tennessee Supreme Court today held that a general contractor may be required to pay penalties under state law for failure to pay a subcontractor, but remanded the case to the lower court for reconsideration. The trial court had earlier found that a one-year statute of limitations applied to the subcontractor’s suit and that it was filed too late to be considered. The Supreme Court said subcontractor Snake Steel could potentially recover penalties for the one-year period before the suit was filed. Snake Steel had sued general contractor Holladay alleging that its failure to return a “retainage” of $18,000 once the project was completed violated the state’s Prompt Pay Act and should be subject to the act’s $300-per-day penalty.

Posted by: Stacey Shrader Joslin on Jun 30, 2021

The Presidential Commission on the Supreme Court of the United States met today to hear from a number of subject matter experts. The testimony was organized into four panels: The Contemporary Debate over Supreme Court Reform: Origins and Perspectives; The Court’s Role in Our Constitutional System; Case Selection and Review at the Supreme Court; and Access to Justice and Transparency in the Operation of the Supreme Court. See the list of those who testified and access their written testimony on the White House website. The commission’s next meeting is planned for July 20.


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