With its long-awaited opinion in Terry Case v. Wilmington Trust, the Tennessee Supreme Court ushered in a sea change concerning constitutional standing in the state and clarified that Tennessee law does not recognize an independent cause of action for “wrongful foreclosure,” resolving a split of authority that had been bubbling up at the Tennessee Court of Appeals for decades. J. Hunter Robinson and Erik Halvorson take a close look at this decision that will have substantial impacts in Tennessee for years to come.

A  person’s reputation, or “good name” (hopefully), can be a thing of great value. In this age of social media, where it is so easy to “put things out there” potentially to be seen by a large number of people, it is not just celebrities and politicians who may end up being harmed by defamatory statements. Those harms may come in various shapes and forms, and if “actual injury” can be proved, then the affected person may justifiably consider filing a defamation action. Bob Lype demonstrates the complexities and subtle distinctions of defamation law.

Remorse or the lack of it is a key factor in lawyer disciplinary hearings. David Hudson Jr. and Bill Spaniard argue that counsel for lawyers facing discipline need to have heart-to-heart conversations with their clients about whether the lawyer needs to issue an apology and candidly show regret and remorse for the conduct that negatively impacted a client. However, they point out that at other times, lawyers must consider whether the underlying charges are accurate, overblown or subject to different interpretations. In those cases, the lawyer and client may consider fighting the charges with zealous advocacy within ethical bounds.

A new advisory from the U.S. Surgeon General issues serious warnings of a significant link between alcohol and fatal cancers, and studies now show alcohol is one of the three leading causes of preventable cancer, falling just below tobacco and obesity. In this installment of "The Buddy System," Buddy Stockwell unpacks what the new warnings mean and how TLAP can help.

The right of a criminal defendant “to present a defense” is a fundamental tenant of the criminal justice system in the United States. But what does that mean? Wade Davies explains in the issue's "Crime & Punishment" column.

In this installment of "History's Verdict," Russell Fowler takes readers back to the late 1970s and early 1980s and the lawsuits surrounding the usage of Elvis' name, image and likeness after his death.

In his Call for Public Defense, Brian Mounce reminds us that defending even the seemingly indefensible is essential to safeguarding the rights of all. It is a principle rooted in the founding of our nation and is an integral part of our society. Mounce is currently of counsel at Relentless Advocacy PLLC. He received his law degree from Tulane and Master of Science degree from the London School of Economics. Previously, he served as an assistant federal defender and an assistant solicitor general in the Tennessee Attorney General's Office. Mounce is TBA YLD's delegate for West Tennessee.

The Journal’s “back page” content looks a little different in 2025! Introducing “Closing Statements.” We’ll post a question here in each issue and invite you to submit your answer. Perhaps you’ll see your closing statement in the next issue! For this issue, we asked some of our TBA Young Lawyers Division leadership "What advice would you give your younger, post-law school self? What do you wish you'd known or done?"

TBA’s Legislative Updates podcast features TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Ashley Harbin of Adams and Reese. This week they discuss several legislative developments, including SB1052/HB1355, which amends Tenn. Code Ann. §36-1-102(45)(B) to specify that a biological father who only pays token support to the child’s mother does not qualify as a putative father; SB540/HB492, which addresses custody determinations and failure to pay child support; SB541/HB906, which pertains to legislation from the TBA probate study group; SB394/HB569, concerning the selection of a settlement agent in real property transactions; SB943/HB1255, which mandates continuing education for judges involved in child custody proceedings; and the Tennessee Administrative Office of the Courts’ plan for indigent representation presented on behalf of the Tennessee Supreme Court. Listeners can tune in on the TBA website or directly through this link.

Petitioner, George W. Cosey, pleaded nolo contendere to Class E felony theft and received an agreed one-year sentence. Petitioner subsequently filed a petition for post-conviction relief, which the Davidson County Criminal Court denied after a hearing. On appeal, Petitioner argues that he received the ineffective assistance of counsel because counsel did not inform him that, between the time of the offense and Petitioner’s plea, the theft grading statute had been amended. After a thorough review of the record, we affirm.