Thursday, February 18, 2021

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NEW: Privacy in Trash

"Imagine someone snooping and rummaging through your garbage," David L. Hudson Jr. writes. "They may … find out intimate details of your life. They could find receipts to restaurants, grocery stores, hotels, or anywhere else you have paid and received a receipt." In this exclusive, new TBJ Select content, Hudson examines the U.S. Supreme Court decision in Greenwood v. Californiathat a warrantless search of a person’s trash did not violate defendants’ reasonable expectation of privacy because they “exposed their garbage to the public." And by that, they meant that defendants left their bagged garbage out at the street to be picked up, making it "readily accessible." The "defendants implicitly authorized the trash collector to go through one’s trash upon pickup." Read "Privacy in Trash" before you leave your garbage out at the street this week.

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Torts: The 'Common Knowledge Exception' is Obvious

Not every Tennessee health care liability case requires expert testimony on the issue of whether the defendant violated the standard of care, John Day writes in his column this month. He explains about the "common knowledge" exception, and somehow works in a description of a fly floating in buttermilk! He's talking about when medical negligence is so obvious, it's as plain as that fly, or as "a sponge left in the gut; the eye cut when performing an appendectomy." Day reviews the recent decision in Jackson v. Burrell to further explain. You really should read "Flies, Buttermilk and Malpractice" (if only to see the fly). 




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When Parents Disagree on Whether to Vaccinate Children

What happens when a dispute arises between couples who have differing views on vaccinating their children? Marlene Eskind Moses and Ben Russ address this timely issue in the current Tennessee Bar Journal. "What if parents who do not think that vaccines are either safe or appropriate refuse to give consent for their minor child or children to be vaccinated?" they ask. "What can the other parent do in a situation like this where there may be the most serious of consequences?" Find out  in "Vaccinations and Parental Decision Making."

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Spark! Quick Inspiration for Your Busy Day

In this issue's Spark! we reflect on words spoken by the late Rep. John Lewis, which are both timeless and urgent for this day.

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Empowering Lawyers as Leaders

The Tennessee Bar Association is making available the program Empowering Lawyers as Leaders for viewing during February and March. Produced jointly by the TBA and the Tennessee American Inns of Court, this program brings together influential lawyers and leaders from across the state to share their experiences and to examine the role of leadership in the legal profession. Speakers discuss the importance of leading by example to promote diversity, equity, inclusion and professionalism in everyday practice. Among those featured are former Supreme Court Justice and Nashville School of Law Dean William C. Koch Jr., former Sen. Lamar Alexander and the Hon. Bernice B. Donald. 


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