TBA Law Blog


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Posted by: Azya Thornton on Oct 14, 2024
News Type: TBA CLE

Make plans now to join colleagues on Nov. 7 from noon to 1 p.m CST for a unique webcast with University of Tennessee College of Law Professor Ben Barton. In "Contextualizing the Polarization and Public Perception of the Judiciary," Barton will present long-term data to show how public confidence in the American judiciary has fluctuated over time, with the goal of helping lawyers better understand the historical context of and address current challenges facing the judiciary. For more information and to register, visit the TBA website.

Posted by: Julia Wilburn on Oct 11, 2024
News Type: Legal News

Former Memphis police officers Tadarrius Bean and Justin Smith Jr. each filed motions Friday requesting their convictions in the Tyre Nichols federal criminal case be reversed, reports the Commercial Appeal. Bean and Smith were convicted last week of witness tampering related to a cover-up of the beating of Nichols, but acquitted of civil rights charges. The motions allege a lack of evidence that adequately established that Bean and Smith were attempting to lie or mislead their MPD supervisors.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

Shrinking hospital capacity in Tennessee leaves at-risk communities more vulnerable to extreme heat, a new study finds. The study, published in the Journal of the American Medical Association revealed that government officials' tools for measuring heat vulnerability often don't consider access to health care. By including hospital bed capacity in calculations, the study found a "major increase" in vulnerability for many Tennessee counties, the Tennessee Lookout reports. The article notes that the study has limitations and mainly focuses on the population of people aged 65 and older. One of the study’s main researchers expressed hope the study will encourage elected officials and policy makers to consider health care accessibility and hospital capacity as one of the main factors of heat vulnerability and ask how their constituencies can be better prepared.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

According to a data report released Friday by the U.S. Labor Department, the legal services industry added 1,600 jobs in September, reversing a decline that began in April. Lawyer Monthly reports there has been "robust" demand for legal professionals in the U.S. from both corporations and large law firms over the past four months. The department's statistics include lawyers, paralegals and assistants working for law firms, corporations and other organizations. In the first half of 2024, U.S. law firms reported strong financial performance, with average revenue up 11.4% compared to the same period a year earlier. Demand for transactional practices is increasing after nearly three years of lackluster performance, the article reports.

Posted by: Azya Thornton on Oct 11, 2024
News Type: TBA CLE

The TBA Appellate Practice Section on Tuesday hosted its annual boot camp at the Tennessee Court of Criminal Appeals (CCA). Produced by Appellate Practice Section Chair Laura Deakins and Middle Tennessee Delegate Leslie Price, the event provided attendees the opportunity to earn CLE through the viewing of CCA oral arguments, a Q&A with presiding judges, a moderated panel of lawyers who participated on the morning docket and an ethics presentation. Special thanks to Judges Camille McMullen, John Campbell and Robert Wedemeyer for their help with this remarkable forum.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

The Federal Bureau of Investigation (FBI) has consolidated its Memphis and Knoxville field offices into a single office in Nashville as of Oct. 1. This decision, made after more than eight years of evaluation, aims to better serve Tennessee by having one office covering the entire state, the Daily Memphian reports. The FBI has also increased the number of investigative agents across the state from 170 to 200, with 10 of the 30 new agents already in place. In a statement, Memphis Mayor Paul Young said he believed the change “wouldn’t impact the level of support” Memphis gets from the FBI. The FBI has had a field office in Memphis since before 1925.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

NetChoice, the trade association of online businesses ― including Instagram and Facebook parent company Meta ― has filed a federal lawsuit challenging the constitutionality of a Tennessee law that requires age verification and parental consent before minors can create social media accounts. The Tennessean reports that the association filed the suit against Tennessee Attorney General Jonathan Skrmetti on Thursday morning, arguing that the new law violates the First Amendment by conditioning Tennesseans’ access to free speech on their willingness to provide sensitive personal data. The lawsuit notes that NetChoice's member platforms already provide parents with tools to monitor children's activities. The law, “Protecting Children from Social Media Act,” was signed by Gov. Bill Lee in May and is set to take effect Jan. 1, 2025. Bill sponsors said the legislation is meant to protect children and bolster parental rights online. The measure passed the Tennessee House of Representatives and Senate with bipartisan support.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

The Supreme Court of California on Thursday rejected a proposed alternative pathway that would have enabled law school graduates to become licensed after working under the supervision of an experienced attorney and submitting a portfolio of work. According to Reuters, the court said the program would compromise "fairness, validity and reliability as a measure of an applicant’s competence." The State Bar of California’s board of trustees endorsed the Portfolio Bar Exam in November 2023 over the objections of public commenters. The American Bar Association’s legal education arm endorsed alternative licensing pathways in May.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

A three-judge panel from the U.S. 5th Circuit Court of Appeals concluded oral arguments on Thursday and will determine what comes next for the Deferred Action for Childhood Arrivals Program (DACA). The program, initiated under the Obama administration, has faced legal challenges since the Trump administration attempted to terminate it. The panel is reviewing a previous ruling by the U.S. District Court for the Southern District of Texas, which deemed DACA unlawful but allowed current recipients to renew their status while barring new applicants. According to the Associated Press, the appeal centers on whether Texas and other states have legal standing to challenge DACA after the current administration’s 2021 rule to codify the program. A ruling is expected in the coming weeks or months, potentially leading to a U.S. Supreme Court review.

Posted by: Stacey Shrader Joslin on Oct 11, 2024

The Memphis Bar Association (MBA) will host its Second Saturday Legal Advice Clinic tomorrow from 10 a.m. to 2 p.m. CDT at the Benjamin L. Hooks Central Library. Thanks to Bass, Berry & Sims and the MBA Probate & Estate Planning Section for sponsoring this month’s event. Attorneys always are needed to give legal advice and basic guidance on a range of issues, from divorce to employment law. To sponsor a future clinic, contact Mary Ann Upchurch at maupchurch@memphisbar.org. Questions about the clinic should be directed to Memphis Area Legal Services Pro Bono Managing Attorney Heather Staggs at hstaggs@malsi.org.


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