TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 12, 2021

Six leaders of the Asian American legal community will discuss the legacy of Asian Americans and Pacific Islanders in the American justice system at a virtual program hosted by the American Bar Association Judicial Division. A Journey Through America’s Silent History: A Discussion Highlighting Asian American and Pacific Islanders’ Contributions to the Advancement of America Amid Exclusion and Invisibility” will be held May 21 at 11 a.m. CDT. Panelists will discuss legal issues arising from Asian American life in the United States, including the internment of Japanese Americans during World War II and the U.S. Supreme Court’s decision in Korematsu v. United States. Register here.

Posted by: Stacey Shrader Joslin on May 12, 2021

Gov. Bill Lee last night signed legislation that will allow Tennessee collegiate athletes to earn money off their name, image and likeness, the Tennessean reports. Under the measure, schools will be required to conduct a financial literacy workshop for new athletes and students will be prohibited from endorsing gambling, alcohol, tobacco or adult entertainment products. The bill will take effect Jan. 1, 2022. Tennessee is the 15th state to pass such legislation, joining Alabama, Florida, Georgia, Mississippi and New Mexico, where laws take effect July 1.

Posted by: Stacey Shrader Joslin on May 12, 2021
News Type: Legal News

Less than 24 hours after the Davidson County Election Commission voted to place the Nashville Taxpayer Protection Act’s referendum on taxes on the ballot, a second group has filed suit against the effort. The Nashville Business Coalition joins Metro Nashville in challenging the referendum, Tennessee Star reports. The coalition is seeking to invalidate the signatures collected to put the referendum on the ballot, arguing that election commissioners verified hundreds of signatures from voters who no longer live in Davidson County or signed for their spouse or partner. The suit also argues that the Davidson County Election Commission does not have authority to determine if certain ballot provisions are legally valid.

Posted by: Stacey Shrader Joslin on May 12, 2021

Two former Tennessee Supreme Court justices are calling on Gov. Bill Lee to veto legislation setting up three-judge panels to hear constitutional challenges, Tennessee Lookout reports. William “Muecke” Barker, a former chief justice who served on the court from 1998 to 2008, and Penny White, who served from 1994 to 1996, say the plan adopted by the legislature last week is unworkable, unnecessary and politically motivated. “I am very, very disappointed that legislation was passed. It just reeked of partisanship. For years and years we’ve had the system that does work,” said Barker, now an attorney with Chambliss Bahner & Stophel in Chattanooga. Likewise, White, a University of Tennessee School of Law professor, believes the plan will cause inefficiency, delay and higher costs. In addition to the former justices, Chattanooga attorney Lee Davis is leading a statewide effort to urge the governor to veto the bill. He argues the new process will result in a “nightmare” of logistical problems.  The TBA provided continuous feedback to the legislators working on the bill and expressed members' concerns throughout the legislative process. It is still extremely concerned with the compromise bill that was passed. Yesterday, Lee said he plans to sign the bill. The budget approved by the legislature and signed by Lee also contains $2.4 million to set up the court.

Posted by: Stacey Shrader Joslin on May 12, 2021

Rep. Jason Potts, a Democrat representing a portion of Nashville in the state House, announced this week that he will not seek re-election in 2022, the Tennessean reports. Potts, whose House District 59 covers the southeast corner of Davidson County, cited personal stress, low pay and alleged discrimination from the Republican majority as reasons for stepping down. He said he will however complete the second year of the current legislative session. Potts missed 21 of 34 legislative days this session, according to attendance data recorded by the clerk's office. When asked about the absences, Potts said increased stress in his personal life affected his attendance. Before election to the House, Potts served on the Nashville Metro Council.

Posted by: Stacey Shrader Joslin on May 12, 2021
News Type: Legal News

The U.S. Department of Justice recently filed a friend of the court brief with the U.S. Supreme Court, urging the justices to reject Mississippi’s effort to make Tennessee pay for alleged groundwater theft, Bloomberg Law reports. The brief argues that, “A suit brought by one State against another must be dismissed unless the plaintiff State can establish a ground on which it may recover” and that “Mississippi has failed to establish any ground on which it may recover here.” The DOJ takes the position that the groundwater at issue is an interstate resource subject to equitable apportionment among relevant states, and that until the groundwater has been apportioned, Mississippi cannot claim that Tennessee is taking its resource. The brief concludes that, “Because Mississippi has disclaimed any request for an equitable apportionment,” the complaint “lacks any cognizable basis for relief and should be dismissed.” Track the history of the case on SCOTUSblog.

Posted by: Stacey Shrader Joslin on May 12, 2021
News Type: Wellness Wednesday

May is Mental Health Awareness Month — an initiative designed to fight the stigma, provide support, educate communities and advocate for policies surrounding mental illness. This year’s theme “You Are Not Alone” was chosen to emphasize that it’s OK to not be OK and no one needs to feel alone in their struggle. The National Alliance on Mental Illness offers a variety of resources for those who want to learn more. Other resources in Tennessee are available from the Department of Mental Health and Substance Abuse’s Division of Mental Health Services, the Tennessee Association of Mental Health Organizations, National Alliance on Mental Illness Tennessee and the 24/7 National Suicide Prevention Lifeline at 800-273-8255. Ascension Saint Thomas Behavioral Health Hospital also offers a free confidential mental health assessment on its website.

Posted by: Stacey Shrader Joslin on May 12, 2021

The 2021 TBA Annual Convention, presented this year as both an in-person and virtual event, offers eight hours of CLE credit. One of the key offerings will be the annual Bench/Bar Program, which will include three distinct presentations. The first will focus on neurodiversity in the courtroom. Neurodiversity recognizes that those who participate in the legal system bring differently wired brains to the process. To accommodate the different ways people process information, courts, judges and advocates should understand and appreciation these differences. Speakers for this presentation include John Coke, assistant general counsel with the Tennessee Administrative Office of the Courts; New York attorney Elizabeth Kelly, who focuses on representing individuals with mental disabilities; Florida attorney and author Haley Moss, who speaks and writes about her personal experience with Autism; and Tim Vogus with the Frist Center for Autism and Innovation at Vanderbilt University. See all CLE programs being offered or register here.

Posted by: Stacey Shrader Joslin on May 12, 2021
News Type: TBA CLE

The TBA Immigration Law Section will hold a three-hour virtual program on June 9 looking at the population of immigrant children in Tennessee and the role of attorneys in helping these children obtain Special Immigrant Juvenile Status (SIJS). Speakers will discuss cultural, linguistic and legal barriers to working with mixed status families as well as the ethical considerations for this practice area. Speakers also will provide practical guidance on the role of the guardian ad litem, how to draft SIJS-compliant orders, and how to file petitions with the immigration agency.

Posted by: Kate Prince on May 11, 2021
News Type: Election 2022

Nashville attorney Wendy Longmire today announced that she has launched a campaign for First Circuit Court in Davidson County. Longmire previously clerked for Circuit Court Judge Walter Kurtz and has practiced at Nashville’s Ortale Kelley for 35 years. “After 35 years of civil law practice, I know that my experience has been an apprenticeship for this position,” Longmire said in the announcement. “I will put my experience to work for my community and strive to promote public confidence in our judicial system.”


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