May, 2010

Cover Story

Lawyers' Vital Part in Tennessee's 1960 Sit-ins

The Civil Rights Movement was already underway when students across Tennessee began a nonviolent protest that would capture the nation's attention and chip away at the wall of segregation in the South. The students who staged lunch counter sit-ins 50 years ago were groundbreaking heroes of the...

President's Perspective

I love to work with lawyers, and one of the TBA's unique programs for lawyers that is very close to my heart is the highly successful TBA Leadership Law (TBALL) program, a leadership program designed specifically for the law profession. It was developed in 2004 as one of TBA President John Tarpley's initiatives. TBALL now has 195 alums and 32 members in...

Book Review

Judge Brigham and Mr. Norris have achieved something unique: a thorough, well researched handbook that is nevertheless easy and pleasant reading. Efficiently organized by civil and criminal matters, and then in the chronological development of a civil or criminal lawsuit in Sessions Court, it is easy to get the knowledge you need to get up to speed.

Day on Torts

The Tennessee Supreme Court's opinion in Banks v. Elks Club Pride of Tennessee 1102 [1] is full of lots of interesting things, one of which can be addressed in the space provided for this article. The Banks Court delivered a death blow to the odd notion that the affirmative defense of comparative fault of a nonparty should be treated...


Memphis lawyer William R. Bradley Jr. has been named chief manager of Glankler Brown PLLC. His primary practice areas include intellectual property, antitrust, business and construction law. In addition to handling a wide range of commercial litigation, he has extensive experience in the procurement, maintenance and enforcement of...


The TBA Board of Governors will appoint a member to fill the vacancy created by the election of Jackie Dixon as vice president of the TBA. The appointment will be made at the board's June 5 meeting. Any member who lives or practices in the 5th District (Davidson County) is eligible for appointment. To indicate your interest in the seat, contact TBA...

Licensure & Discipline


The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Terence J. Fairfax, Joelton
David S. Gonzenbach, Chattanooga
Bum Lee, Seoul, South Korea


Family Matters

The Hague Convention of Oct. 25, 1980

I. History of the Convention

The number of international child abductions is increasing rapidly. According to the U.S. Department of State, from Oct. 1, 2007 through Sept. 30, 2008, there were 1,076 cases involving children who were wrongfully removed to or retained in countries outside of the...

Paine on Procedure

Appellate Review of Hearsay Issues:

The Tennessee Supreme Court continues to insist that a trial judge's hearsay rulings will be affirmed absent an abuse of discretion. See Pylant v. State, 263 S.W.3d 854, 870 (Tenn. 2008), collecting cases. But Tennessee Court of Criminal Appeals

Judge Curwood Witt disagrees, and I agree with...

But Seriously, Folks

In the 1989 motion picture Field of Dreams, a farmer named Ray (played by Kevin Costner) is walking in his cornfield when he suddenly hears a voice whisper, "If you build it, he will come." This may be the most misquoted line in Hollywood history, as many people mistakenly quote it as, "If you build it, they will come."