Cover Story: This Month's Top Story

article image

The ‘Big 3’ of Intellectual Property Law: SCOTUS’ 2023 Term Provides Clarity in Trademark, Copyright and Patent Decisions

While the justices' opinions concerning patent enablement and trademark’s likelihood of confusion analysis were unanimous in SCOTUS' recently concluded term, citing fundamental and time-honored precedents for support, the opinion regarding copyright contained a spirited debate as to what constitutes transformative fair use. Wesley Barbee, Samuel Raque and John Willis Stevens present a round up of three noteworthy intellectual property decisions from the high court.

Featured: This Month's Articles

article image

Does Tennessee’s Eminent Domain Law Protect Landowners Around the Much-Anticipated Blue Oval City?

The Blue Oval City project in West Tennessee has broad support from the community and the legislature, but some landowners and community groups are questioning TDOT's methods of acquiring the land to build the facility. Emily Crawford examines Tennessee's eminent domain law and its application in the project.

article image

Justice on the Mississippi: The Golden Age of Steamboats

Russell Fowler takes us on a journey down the Mississippi River during the 19th century, when steamboats were a popular mode of transport and their captains all-powerful in dispensing justice.

article image

A Reversal of Fortune: Tennessee Supreme Court Rules Economic Loss Doctrine Only Applies to Products Liability Cases

Cannon Allen and John Woods discuss how the Tennessee Supreme Court has limited the application of "economic loss" doctrine to product liability/goods contract cases where there is no personal injury and the good did not damage other property.

Columns: Quick Reads on Timely Topics

article image

President's Perspective

Shifting Gears: What Can Lawyers Do When They Retire?

In this issue's President's Perspective, Jim Barry considers what retirement can look like for attorneys and shares some tips for focusing on various activities that can lead to a fulfilling experience.

article image

The Law at Work

The Right to Petition: An Exception to the Employment-at-Will Doctrine?

Does a citizen’s constitutional right to petition the government create an exception to Tennessee’s employment-at-will doctrine? Edward G. Phillips and Brandon L. Morrow examine the Tennessee Supreme Court's decision to grant the defendant-employer’s application for permission to appeal in Smith v. BlueCross BlueShield of Tennessee.

article image

Day on Torts

Pushing the Proximity Envelope in NIED Claims

John A. Day considers how the "proximity element" of a bystander negligent infliction of emotional distress (NIED) claim should be applied in cases of child sexual abuse.

article image

Where There's a Will

Death & Taxes, Part 2: More Trusts and Estates Developments

In this installment of "Where There's a Will," Eddy Smith explains more trusts and estates-related developments from 2023, including federal estate and gift taxes and the Corporate Transparency Act.

article image

Spark

Quick Inspiration for Your Busy Day

Enjoy Robert Frost's seasonal poem, "Stopping By Woods on a Snowy Evening."

The Legal Life: Passages, Licensure & Discipline

article image

News from the TBA

This issue's Legal Life contains TBA staff updates, programming announcements, TBA Book Club information and more!

article image

Tennessee State High School Mock Trial Competition

Learn more about the Tennessee State High School Mock Trial Competition, sponsored by the TBA Young Lawyer's Division, which strives to give students a fuller understanding of the American justice system by allowing them to experience the legal process firsthand. Get involved

article image

Passages

Tennessee Bar Association members who have died recently are memorialized.

article image

Licensure & Discipline

Read about the lawyers who have recently been reinstated, disbarred, suspended, censured or transferred their licenses to disability inactive status.