March, 2014

Cover Story

The Department of Health and Human Services (HHS) published the long-awaited “Omnibus Rule” earlier this year, implementing a wide range of amendments to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).[1] While these amendments raise significant compliance issues for health care providers and other entities traditionally...

President's Perspective

I am sure that many of you read the recent CNN article, "Why Are Lawyers Killing Themselves?"* While I knew that depression and suicide were certainly issues faced my members of our profession, I was very disturbed to learn that our profession ranked fourth in rate of suicides. In fact, suicide is the third leading cause of death for lawyers.

Letters of the Law

Issues Taken with Assistance Animal Article

This letter is in response to the Tennessee Bar Journal’s February 2014 cover story, “Pet or Pro?” by Samuel Gowin. While we appreciate Mr. Gowin’s and the TBA’s efforts to bring these issues to light, there are a few points of clarification we would like to make regarding assistance animals...

Book Review

By Cathryn J. Prince | Palgrave McMillan | $20.24 | 236 pages | 2013


Davidson County General Sessions Judge Daniel B. Eisenstein recently was honored by the National Alliance on Mental Illness (NAMI) at its inaugural Tennessee Vision of Hope Gala. Eisenstein was recognized for 10 years of service as judge of the county’s Mental Health Court with NAMI’s Vision of Hope Award. Eisenstein has presided over...


TBA Public Education Committee Legal Handbook for Seniors Is Ready, Free

A book full of valuable information for Tennessee seniors is now available from the Tennessee Bar Association — and it’s free.

The Legal Handbook for Tennessee Seniors launched Feb. 24 and is available via website download, electronic...

Licensure & Discipline


The law license of Shelby County lawyer David Gregory Hays was reinstated on Jan. 17 after he responded to the Board of Professional Responsibility regarding a complaint of misconduct. He had been temporarily suspended by the Tennessee Supreme Court on Dec. 9, 2013.

Crime & Punishment

When can police enter a home without a warrant? This question presents the rare convergence of a classic law school issue with real life. Officers are required to make quick decisions about whether they can enter a residence or whether they must obtain a warrant. As with many Fourth Amendment issues, the touchstone is reasonableness.

Do exigent...

Paine on Procedure

Suppose a male criminal shot a female victim in the head, killing her. Suppose further the male immediately sexually penetrated the female. Does such conduct constitute the crime of aggravated rape as codified at Tenn. Code Ann. §39-13-502? That was the issue in State v. Brobeck, 751 S.W.2d 828 (Tenn. 1988).

But Seriously, Folks

U.S. News and World Report has recently published its annual list of the top 100 jobs in America. So where do you think “lawyer” ranks on the list? Number 1? Well, no. Nick Saban is not the Chief Justice, and being a lawyer is not the professional equivalent of playing for the Alabama Crimson Tide or the Florida State Seminoles.