TBA Law Blog


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Posted by: Julia Wilburn on Sep 4, 2024

The September/October issue of the Tennessee Bar Journal is now accessible online and arriving in mailboxes soon! The cover story by Willie Santana takes an in-depth look at Hispanic naming conventions and how they are not widely understood in the institutions of government, including the courts. John Floyd explores the admissibility of a denial in court, while Eddy Smith reviews several important trusts and estates developments from this year and John Day clears up a common misconception about the statute of limitations for wrongful death cases in Tennessee. Past TBA President Jason Long reviews Dawn Coppock's eighth and final edition of "Coppock on Tennessee Adoption Law," and current TBA President Ed Lanquist Jr. encourages experienced lawyers to mentor new attorneys, and for those new to the profession to be receptive to mentorship in unexpected places. Enjoy these and other articles across the legal spectrum.

Posted by: Julia Wilburn on Jul 3, 2024

The July/August 2024 issue of the Tennessee Bar Journal is now available online, and print copies will arrive in mailboxes next week! This issue includes news from TBA's Annual Convention, including the swearing in of Nashville attorney Ed Lanquist Jr. as president and his first President's Perspective column. Tom Shumate penned the cover story on the future of noncompete agreements; his colleague Katelyn Barham provides an in depth look at the legality of recording workplace conversations. Wade Davies' Crime & Punishment column features an interview with Stephen D. Crump, executive director of the Tennessee Conference of District Attorneys General, and Russell Fowler shares the story of the murder of Davidson County Chancellor Andrew Allison, who was also the TBA's third president. John Day reviews "Privileges and Protections: Tennessee and Sixth Circuit Law," by Nashville lawyers E. Todd Presnell and Kristi W. Arth. Additionally, Justice Sharon Lee and Buck Lewis introduce The Justice Frank F. Drowota Trust.

Posted by: Julia Wilburn on May 7, 2024

The May/June Tennessee Bar Journal, the annual Access to Justice (ATJ) focused issue, is now available online and arriving in mailboxes this week! This issue's cover story focuses on the need for fee increases for indigent representation in Tennessee courts, and highlights attorneys' testimony before two legislative committees. The TBA's Public Service Award winners are profiled, and Russell Fowler gives readers a glimpse into the pro bono-focused life of Saint Ives. Columns include John Day's digest of tort cases before the Tennessee Supreme Court and Eddy Smith's look at mortality and the relief that comes with knowing your affairs are in order. In addition, Jim Barry's final President's Perspective column looks back at a year of transitions for TBA, and The Legal Life is full of ATJ news and updates on TBA ATJ initiatives.

Posted by: Julia Wilburn on Mar 4, 2024

The March/April 2024 issue of the Tennessee Bar Journal is now available online! Laura Kidwell brings readers a timely primer on the final judgment rule — and its exceptions — in Tennessee civil actions in this issue's cover story. We're saying heartfelt goodbyes to Barry Kolar in the feature story from former Journal editor Suzanne Craig Robertson. Our thanks to all the staff, former TBA presidents and other friends who contributed to this article! Russell Fowler is back with another fascinating history lesson, this time about a former Tennessee governor who was tried for assault and defended by Francis Scott Key, and Wade Davies' Crime & Punishment column delves into the question of when to notify the Tennessee attorney general before proceeding with a claim challenging the constitutionality of a statute. You can also catch up on the TBA's grassroots advocacy efforts, especially around funding for indigent representation, staffing news, a save the date for TBA's Day on the Hill and Big Shrimp reception, and more!

Posted by: Julia Wilburn on Jan 2, 2024

The January/February issue of the Tennessee Bar Journal is now available online and arriving in mailboxes soon! This issue's cover story is on the "Big 3" of intellectual property law: Wesley Barbee, Samuel Raque and John Willis Stevens explore recent U.S. Supreme Court rulings in trademark, copyright and patent decisions. A feature story by Nashville School of Law 3L Emily Crawford focuses on the much-anticipated Blue Oval City outside Jackson and what Tennessee's eminent domain law might mean for local landowners. Eddy Smith brings us a second installment on death and taxes, covering more trusts and estates developments; Edward G. Phillips and Brandon L. Morrow ponder Tennessee's employment-at-will doctrine in light of the state Supreme Court's ruling in Smith v. BlueCross BlueShield of Tennessee; President Jim Barry turns his column's focus toward retirement and shares suggestions on how lawyers may choose to spend their time post-career; and we shine the spotlight on the Tennessee State High School Mock Trial Competition and how you can get involved!

Posted by: Julia Wilburn on Nov 1, 2023

The November/December issue of the Tennessee Bar Journal is now available online and arriving in mailboxes soon! Our cover story is from Matt Sweeney and Mark Travis, breaking down what arbitration is — and what it isn't — and when to employ an arbitration clause in contract negotiations. Chuck Holliday explains how a small change in this year's updates to the Tennessee Rules of Civil Procedure could provide a boost to lawyers in their efficiency of serving opposing counsel, Wade Davies wraps up five Tennessee Supreme Court cases from this year and Russell Fowler connects Charles Dickens and Tennessee Gov. Andrew Johnson. If you're interested in running for TBA office in 2024, you can read about which positions are up for election. Learn what the Young Lawyers Division has been up to, enjoy a book review and more!

Posted by: Julia Wilburn on Sep 1, 2023

The September/October issue of the Tennessee Bar Journal is now available online and arriving in mailboxes next week! In this issue, get to know Sheree Wright, the TBA’s new executive director, learn about her background and experiences and why she knew that TBA was the next right move for her career. Also, Christy Tosh Crider helps readers attain balance and John Floyd breaks down the requirements for issuing a subpoena out of state under the Uniform Interstate Depositions and Discovery Act as well as practical suggestions. Columns in this issue include Eddy Smith’s “Where There’s a Will,” focusing on developments to select trusts and estates, and Marlene Eskind Moses’ “Family Matters,” taking a look at alcohol prohibition during parenting time in shared custody situations. Also enjoy two book reviews, some updates from the TBA and much more!

Posted by: Julia Wilburn on Jul 5, 2023

The July/August issue of the Tennessee Bar Journal is available online. Our cover story is an interview with retiring Tennessee Supreme Court Justice Sharon G. Lee about her career spanning more than two decades as a small-town lawyer to her appointment to the highest court in the state. Also featured is retired Judge Walter Kurtz's article on the Code of Judicial Conduct and its challenges in state courts, Amy Willoughby Bryant's piece laying out the case for the state to improve oversight of conservatorships, and Everett Hixson's article on the Tennessee Supreme Court ruling in Donovan v. Hastings that strengthens the state's "loser pays" statute. Also in this issue are columns from Buddy Stockwell, Wade Davies and Russell Fowler; a review of Jeff Hobbs' book "Children of the State;" as well as news from TBA's Annual Convention and President Jim Barry's vision for the 2023-2024 bar year. 

Posted by: Stacey Shrader Joslin on May 12, 2023

Chattanooga lawyer Russell Fowler will receive the prestigious Justice Joseph W. Henry Award for Outstanding Legal Writing on June 16 during the Tennessee Bar Association’s (TBA) Annual Convention in Knoxville. The award, which will be presented at the Lawyers Luncheon, was established nearly 40 years ago and is given each year to the lawyer who writes the most outstanding article published in the Tennessee Bar Journal for the preceding year.  Fowler is being recognized for his article "Tennessee Lawyers Impact America: A History of Advancing the Right to Vote" and companion piece "Dunn v. Blumstein: A Young Tennessee Lawyer Wins Expansion of the Right to Vote, which ran in the March/April 2022 issue of the Journal. Fowler is director of litigation and advocacy at Legal Aid of East Tennessee. He has written many pieces on law and legal history, and is a regular columnist for the Journal. Read the full release.

Posted by: Julia Wilburn on May 9, 2023

Barbara Kingsolver's novel Demon Copperhead yesterday was awarded the Pulitzer Prize for fiction. Strawberry Plains attorney Dawn Coppock reviewed this powerful story focusing on the child welfare system in the March/April issue of the Tennessee Bar Journal.


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