Feature Story

Columnists Bring Practice Areas to Center Stage

The 'Journal' covers these substantive areas of the law through the insightful writing of regular columnists.

Youth Courts Model Restorative Justice

  • In one courtroom, a teenage boy watches as tears fall down his mother’s face. The mom is on the stand answering questions about her son’s use of tobacco. The boy is a juvenile first offender charged with possession and use of tobacco. The mother’s tears express the pain and grief she feels that her son has taken on a habit she herself has fought so many years. When the young man takes the stand, a 16-year-old girl turns a piercing gaze on the young man. She asks the boy to look at his mother’s face, closely.
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Concubines, Dead Partners and the Standard of Clear and Convincing Evidence

NOTE: Since publication, the authors have updated to include more types of cases in which clear and convincing evidence will be required: 

• Clear and convincing evidence is required to prove the element of "actual malice" in a public figure defamation case. Trigg v. Lakeway Publishers Inc., 720 S.W.2d 69, 75 (Tenn. App. 1986)."

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The Big Five-Oh

‘Tennessee Bar Journal’ Celebrates 50 Years All Year Long

A Cautionary Tale Community Property Trusts

In his column “Where There’s a Will,” Dan Holbrook recently commented on the advantages of the new Tennessee Community Property Trust Act of 2010.[1] While his characterization of the act as a potentially useful tool for estate planners is correct, lurking pitfalls await the unwary in addition to the reduced level of asset protection and the possible divorce issues discussed in his column.

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