Cover Story: This Month's Top Story

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Who Controls the Airspace? Issues Increase as Drones Fill Tennessee’s Skies

Drones, or as they are known in most statutes, Unmanned Aerial Systems, are consuming Tennessee’s airspace at a dramatically increasing rate. In October 2019, Federal Express announced that a drone, for the first time, delivered a package to a person’s home in the United States. Competitor UPS recently announced that it had delivered prescription drugs to someone’s home, via drone.  

 

Featured: This Month's Articles

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Evil on the Bench: The Rise and Fall of Judge Julius J. DuBose

“I believe in the law of revenge.” 
                               – Julius DuBose 

The roar of the hooves of 40 horses could be heard pounding on the cobblestone streets. At breakneck speed and in military formation, they charged down the broad avenues of tall buildings, their riders hooded and cloaked in white cloth flapping in the wind and brandishing firearms glistening in the sunlight.

Columns: Quick Reads on Timely Topics

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President's Perspective

Criminal Justice Reform: The Time Has Come

I overheard a conversation awhile back in which a lawyer said, “If the ACLU, the Koch brothers and the Beacon Center are all supporting it, it needs to happen.” That caught my attention. What is he talking about? By now you probably have heard — reform of our criminal justice system is receiving broad-based support, and that’s a very good thing.

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Older & Wiser

Getting Old: Financial Myth vs. Reality

Let’s get the proverbial one-liners out of the way first: “At my age, flowers scare me.” (George Burns) “I’m so old they’ve canceled my blood type.” (Bob Hope) And, every senior citizen’s favorite, “Old age ain’t no place for sissies.” (Bette Davis)

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Book Review

Runaways, Coffles and Fancy Girls: A History of Slavery in Tennessee

Bill Carey in the introduction to his book, Runaways, Coffles and Fancy Girls: A History of Slavery in Tennessee, admits that he did not know much about slavery in Tennessee prior to working on the book even though he has written about Tennessee history for years. The two most well-known facts about slavery in Tennessee:

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The Law at Work

Delayed Defense? Waiver Goodbye to Summary Dismissal

“In sum, a rule may be mandatory without being jurisdictional, and Title VII’s charge-filing requirement fits that bill.”  — Fort Bend County, Texas v. Davis, 587 U.S. ____, 139 S.Ct. 1843 (2019) (Ginsburg, J.).

Title VII of the Civil Rights Act of 1964 requires a plaintiff, before commencing a Title VII action in court, to file a charge with the EEOC or equivalent state agency. What happens, though, when a plaintiff files a lawsuit alleging Title VII claims not raised in her charge? 

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Spark

SPARK: And Now For Something Completely Different

This is a wonderful day. I have never seen this one before. – Maya Angelou 

 

You Need to Know: News, Success, Licensure & Discipline

Success! & Passages

Two Nashville lawyers recently joined Sherrard Roe Voigt & Harbison as members. Nashville At-large Councilman Bob Mendes dissolved his law firm, Waypoint Law, in December and joined the firm, where he will focus on commercial litigation, business bankruptcy and business planning. The two-term councilmember serves as chair of the council’s Budget and Finance Committee and has spearheaded reforms to incentives given to real estate developers. Christopher C. Sabis, previously an assistant U.S. attorney in the U.S. Attorney’s Office for the Middle District of Tennessee, has joined the firm and will focus in the areas of government, internal investigations and False Claims Act litigation. Outside of the office, he is a BPR hearing examiner, master of the bench for the Harry Phillips American Inn of Court, and an adjunct professor of law at Belmont University. He also is a past chair of the TBA’s Federal Practice Section. 

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Licensure & Discipline

REINSTATED

Shelby County lawyer Clinton Daniel Hermes was reinstated to the practice of law on Dec. 5, 2019. He was placed on inactive status on May 10, 2013. Hermes petitioned the court for reinstatement and the court found his petition to be satisfactory and reinstatement to be appropriate. The court issued the order on Dec. 20, 2019.

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News You Need To Know

TBA: It’s Time to Eliminate the Professional Privilege Tax

One of the Tennessee Bar Association’s top legislative priorities in the 2020 session of the General Assembly is to eliminate the professional privilege tax.  

 

Letters of the Law

This letter was written to John Day in response to his January 2020 column, “Use of Contracts to Avoid Responsibility in Tort.”