The Advisory Commission on the Rules of Practice & Procedure has presented its annual recommendations for rules changes to the Tennessee Supreme Court, which is now soliciting comments on the proposals. This year's package includes two proposed changes to the Tennessee Rules of Appellate Procedure: adding a comment to Rule 30 that all appellate court electronic filings are governed by Tenn. S. Ct. Rule 46 and changing Rule 31 regarding the brief and oral argument of an amicus curiae. The commission also proposed one change to the Rules of Civil Procedure, which would amend Rule 43.01 to allow witness testimony to be presented using audiovisual transmission from a remote location. Written comments on the proposed changes are due by Nov. 22. Submissions should reference Docket Number ADM2023-01208.

Bar Buzz is back with a new episode featuring Sheree Wright, TBA's new executive director. BarBuzz is a monthly show from the TBA Podcast Network that recaps legal happenings from across Tennessee, upcoming events at the bar, attorney shout outs and more. Check out the August episode and discover past shows in the Bar Buzz archive.

A U.S. appeals court today rejected an Ohio contractor's challenge to the U.S. Occupational Safety and Health Administration's (OSHA) ability to adopt rules governing workplace safety, reports Bloomberg Law. In a 2-1 ruling, the U.S. Court of Appeals for the Sixth Circuit said a 1970 law that gives OSHA its powers is valid. The court affirmed a judge's ruling dismissing a lawsuit by Allstates Refractory Contractors LLC, which claimed Congress violated the U.S. Constitution by giving OSHA power to regulate private companies. The court noted that while the agency had been given broad authority, it was only allowed to adopt rules that are "reasonably necessary or appropriate" to address known health risks.

Nashville mayoral candidates Freddie O'Connell and Alice Rolli will meet for their final debate tomorrow at Belmont University's Fisher Center, 2020 Belmont Blvd., Nashville 37212 at 6:20 p.m. CDT. Free tickets are available to the public. The debate series is a collaboration between The Tennessean, NewsChannel5, Belmont University, American Baptist College and the League of Women Voters of Nashville. Early voting for Nashville's mayoral runoff election starts Friday.

Marvin S.C. Dang has become the first Asian American lawyer to be elected an officer of the American Bar Association in its 145-year history, the organization has announced. Dang was elected secretary for a three-year term as one of five officers on the ABA Board of Governors. He is currently a managing member of the Law Offices of Marvin S.C. Dang LLLC in Honolulu. He also is a partner in the Law Offices of Nelson & Kennard, a California law firm doing business in eight states. Dang co-manages the Hawaii office, focusing on civil litigation.

Law schools are replacing open-ended diversity questions in their applications in an effort to gain a deeper understanding of candidates after the Supreme Court court ruled in June against the use of affirmative action programs in the admissions process, reports Reuters. Duke Law School and the University of Texas School of Law have added “personal background” statements with essay prompts. And this year, Harvard Law School is requiring a “statement of purpose” and “statement of perspective” to learn how a candidate's background has shaped them. Most U.S. law schools will begin accepting applications for next fall on Sept. 1. The U.S. Department of Education released new guidance last week to colleges and universities on how to legally encourage racial diversity on their campuses.

A federal appeals court yesterday rejected a bid by gun rights advocates to block the Biden administration from enforcing new regulations aimed at privately made firearms known as "ghost guns," reports Reuters. The St. Louis-based 8th U.S. Circuit Court of Appeals ruled that gun rights organizations and 16 Republican state attorneys general who joined the suit had not established they would be irreparably harmed by the rule, which went into effect in August 2022. The rule updated the definition of a "firearm," "frame" and "receiver" under the Gun Control Act of 1968 to address the rise of ghost guns which can be assembled from kits and purchased online without a background check.

The Shelby County District Attorney's Office says it will release footage from fatal police shootings faster following a change to the office's practices, reports the Commercial Appeal. Shelby County District Attorney Steve Mulroy said his office will complete "an internal checklist" before releasing footage and will provide context for shorter videos. In cases where the shooting was not fatal, the discretion to release footage will fall to law enforcement agencies. The shooting of 21-year-old Jarveon Hudspeth during a traffic stop by a Shelby County Sheriff's Office deputy in June could be the first shortened video to be released later this week.

Tennessee Attorney General Jonathan Skrmetti is joining Virginia Attorney General Jason Miyares’ bipartisan coalition of 40 state attorneys general in urging the Supreme Court to rule in favor of James Rudisill in Rudisill v. McDonough. Rudisill, a decorated army veteran, had used the GI Bill to complete his undergraduate degree. After being accepted into the Yale Divinity School, Rudisill was denied further benefits, even though veterans with multiple requisite periods of service can earn up to 48 months of educational benefits. The U.S. Court of Appeals for the Federal Circuit upheld the decision. You can read the brief here.

A group that led the successful U.S. Supreme Court challenge to affirmative action in college admissions has sued two major U.S. law firms over their minority fellowships, reports Reuters. The American Alliance for Equal Rights, founded by conservative activist Edward Blum, has accused the firms Perkins Coie and Morrison & Foerster of unlawfully discriminating against white candidates by limiting which law students could be considered for paid fellowships geared toward promoting diversity. The lawsuits allege the fellowships violate the Civil Rights Act of 1866, a federal law adopted after the Civil War that bars racial bias in private contracts.