Nashville Bar Journal | April/May 2017

JOURNAL JOURNAL Journal Journal

APRIL/MAY 2017 | VOLUME 17 | NO. 2

FEATURE

Tennessee’s Role in Women’s Suffrage ALSO

Revenge & Privacy Protection Remembering L. Clure Morton Liberty’s Surest Guardian

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $245 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking.

Learn more at FTB.com/checking or present this ad at any financial center in Middle Tennessee. See terms and conditions below for offer details.*

*Terms and Conditions: Offer valid August 1, 2016 - April 30, 2017. You must present this printed offer at a financial center in Middle Tennessee when you open your checking account. Minimum

opening deposit is $100, and cannot be transferred from an existing First Tennessee account. Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible. You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $245 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by April 30, 2017. FSR: Use promo code NBADUE. ©2016 First Tennessee Bank National Association. Member FDIC. www.firsttennessee.com

JOURNAL JOURNAL 6 Journal Journal APRIL/MAY 2017 | VOLUME 17 | NO. 2

FE ATU R E

Tennesee’s Role in Women’s Suffrage Kimberly Faye

DE PA R TM E N TS

From the President

Nathan H. Ridley

Calendar of Events Hear Ye, Hear Ye

Law Day Luncheon

Golf Tournament Leadership Forum News

Arts Immersion Spring Memorial Service

Save the Dates

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Revenge & Privacy 11

Caroline S. Hudson

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Remembering L. Clure Morton 23 Gareth Aden Liberty’s Surest Guardian 28

Noel Bagwell

19 Member Updates 32 CLE Schedule

100% Club

CO L UMNS

Background Check 13

Bart Pickett

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Capitol Notes 15

Peggy Sue, the Beagle Hound

34 36

Gadget of the Month 17

Bill Ramsey & Phillip Hampton

Hearsay

Classifieds

COVER PHOTO BY KIMBERLY FAYE | CENTENNIAL PARK, NASHVILLE | MARCH 2017

APR/MAY 2017 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL JOURNAL FROM THE PRESIDENT Swish | Nathan H. Ridley Journal With this writing, college tournament basketballs are Journal bouncing. Good and bad shooters alike love the sound

NATHAN H. RIDLEY, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

ramseywt@nealharwell.com

ELEANOR WETZEL, Managing Editor

eleanorwetzel@jis.nashville.org

EDITORIAL COMMITTEE NOEL BAGWELL CHANDLER FARMER KIMBERLY FAYE DAYNE GEYER CAROLINE HUDSON TIM ISHII CALLIE JENNINGS TRACY KANE ROB MARTIN EVERETTE PARRISH BART PICKETT BILL RAMSEY ARRIN RICHARDS MIKE SANDLER KRISTIN THOMAS JONATHAN WARDLE NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419.

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal.

The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Jill.Presley@ nashvillebar.org to be considered by the editorial committee for publication in as future print or online content.

NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1050 Nashville, TN 37219 615.242.9272 | NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with over 2,500 members—is the largest metropolitan bar association in Tennessee.

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a basketball makes when it sails through that 18-inch diameter iron rim and swishes through the cords of the net. Players and coaches alike know that good shooters are made, not born. Good shooting is made up of a host of little mechanics, such as balancing, finding the target, flicking the wrist, and following through on the shot—all at game speed, high volume, and with leg deadening fatigue.

Good lawyers are a bit like those good shooters.They do not spring from the womb saying, “May it please the court.” Just as the good shooter’s balance is crucial, a good lawyer finds it crucial to balance the allocation of work, family, play, and rest.

A good lawyer has the peculiar ability to find the target; that is to take a large amount of information from a case and distill it into a manageable narrative. That narrative may involve weaving the theme in a litigation matter, knowing the negotiable points in a transactional matter, or even delivering the talking points in a public policy issue for a time-pressed media incapable of nuance. A good lawyer has the ability to flick the wrist; that is, to put on the proper proof, know the best alternative to a negotiated agreement, or even the art of getting to yes. A good lawyer must follow through on the shot; that is, nail the succinct closing, get the parties to the closing table, or see a public official make a tough vote.

These little mechanics make a sweet jump shot swish, and they also help us to master the art of the practice of law. Our art also leads us to the public policy arena. We know the judicial branch is the weakest of the three branches of government, because it has neither the legislative power of the purse nor the executive power of patronage. We know our judges are charged with resolving disputes, and in doing that, they interpret the statutes and rules and uphold the Constitution. Our entire judicial system does not have a single “so called judge,” and the judicial system has no duty to affirm blindly an executive’s world view.

What an independent judiciary does well is respect the rule of law and equal justice under the law. One of the keys of equal justice flows from the Fourteenth Amendment to the United States Constitution. As we approach the 150th anniversary of the Amendment’s ratification, we slow down and listen for the drumbeat of this year’s Law Day theme, The Fourteenth Amendment; Transforming American Democracy. Our own NBA Board member, the Honorable Shelia Calloway, will speak to the topic at the Nashville Law Day event on May 5 at the Renaissance Hotel.

By now, you have seen or at least heard of the basketball tournament’s Final Four Championship weekend. Many shots have clanged off the cruel iron, some have bounced on the kind iron and fallen through the net, and some have swished the cords of the net with that sweetest of sounds for the shooter. As we work on the host of little mechanics to become better lawyers, let us fight through the noise and the fatigue, and be the opinion leaders our community needs and expects us to be. n In a word, Swish.

NASHVILLE BAR JOURNAL | APR/MAY 2017

Calendar of Events | Full calendar online at NashvilleBar.org/ APRIL 2017 M O N D AY

T U E S D AY

W E D N E S D AY

Cuba CLE Trip

Cuba CLE Trip

Cuba CLE Trip

Appellate Practice Committee Mtg & Happy Hour | 4:00pm

Dial-A-Lawyer | 6:00-8:00pm

Membership Committee Mtg 12:00pm

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T H U R S D AY

4 LAW Board Mtg | 11:30am

5 Historical Committee Mtg 11:30am | Hal Hardin’s Office

11 Ethics Committee Mtg | 12:00pm

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In re Tam Live Music Event 4:00pm | Bradley

NBF Trustees Mtg | 12:00pm

Collegiality Coffee 10:30am | Metro Historic Courthouse

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Finance Committee Mtg | 4:00pm

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Sister Cities/Belfast Committee Mtg 11:00am

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20 Solo/Small Firm Committee Mtg 11:30am | The Skillery

Solo/Small Firm Committee Networking Cocktail Hour 5:30pm | Soulshine Pizza Factory

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GOOD FRIDAY

LAW Annual Mtg & Awards Banquet 6:30pm | Music City Center

Executive Committee Mtg | 4:45pm

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7 Holiday | NBA Offices Closed

Diversity Commitee Mtg | 12:00pm

Memorial Service Committee Mtg 12:00pm

NBA Past President’s Breakfast 8:00am | Nashville City Club

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YLD Board Mtg | 12:00pm Stites & Harbison

6 CLE Committee Mtg | 11:30am

NALS Mtg | 12:00pm

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F R I D AY

Diversity Summit Committee Mtg 12:00pm

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Committee Meetings are held at the NBA Offices unless otherwise noted.

FOLLOW US:

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MAY 2017 M O N D AY

T U E S D AY

W E D N E S D AY

NBA Board Mtg | 4:00pm Dial-A-Lawyer | 6:00-8:00pm

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T H U R S D AY

Law Day Luncheon | 11:30am Downtown Renaissance Hotel NBF Leadershsip Forum Graduation 4:00pm | Baker Donelson Event Center

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2 LAW Board Mtg | 11:30am

Historical Committee Mtg 11:30am | Hal Hardin’s Office

Probate Committee Mtg | 11:30am

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YLD Board Mtg | 12:00pm Stites & Harbison

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5

11

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CLE Committee Mtg | 11:30am Diversity Commitee Mtg | 12:00pm

NALS Mtg | 12:00pm

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F R I D AY

Membership Committee Mtg 12:00pm

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Ethics Committee Mtg | 12:00pm

NBA Golf Tournament 12:00pm | Vanderbilt Legends Club

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17 YLD Arts Immersion 6:00pm | W.O. Smith Music School

NBJ Editorial Committee Mtg 12:00pm | Neal & Harwell

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NBA Memorial Service 11:00am | First Presbyterian Church

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Holiday | NBA Offices Closed MEMORIAL DAY

APR/MAY 2017 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL JOURNAL Journal Journal

2017 NBA BOARD OF DIRECTORS NATHAN H. RIDLEY, President

Hear Ye, Hear Ye |

Law Day Luncheon (Sponsored by First Tennessee Bank)

In celebration of Law Day, join the NBA along with the Honorable Sheila Calloway—as she discusses how the 14th Amendment has reshaped American Law—on Friday, May 5, at the Downtown Renaissance Hotel. Additionally, the Norman Award will be presented to Dawn Deaner and the Liberty Bell Award will be presented to the Honorable Todd Campbell. For more information and to register, visit NashvilleBar.org/LawDay. n

ERIN PALMER POLLY, President-Elect IRWIN J. KUHN, First Vice President

CLAUDIA LEVY, Second Vice President KYONZTE HUGHES-TOOMBS, Secretary STEPHEN G. YOUNG, Treasurer JEFF H. GIBSON, Assistant Treasurer JOYCELYN A. STEVENSON, Immediate Past President LAUREN PAXTON ROBERTS, YLD President LELA HOLLABAUGH, General Counsel ROBERT C. BIGELOW, First Vice President-Elect MARGARET M. HUFF, Second Vice President-Elect LAURA B. BAKER MARK S. BEVERIDGE ROBERT C. BIGELOW HON. JOE P. BINKLEY, JR. HON. SHEILA D. CALLOWAY

Events of Interest

The 2017 NBA/NBF Golf Tournament Presented by the Nashville Bar Association & the Nashville Bar Foundation Sponsored by FTB Advisors WHEN: Thursday, May 18 | 12:00pm – Range Balls Available | 1:00pm – Shotgun Start WHERE: Vanderbilt Legends Club, Franklin, TN

JACQUELINE B. DIXON SAMUEL P. FUNK

ENTRY FEE:

TRACY DRY KANE

(includes range balls, greens fee, cart, beverages, snacks, and dinner)

HON. WILLIAM C. KOCH, JR.

NBA members | $140.00 Non-members | $160.00 Registrations must be submitted by Thursday, May 11.

RYAN D. LEVY WENDY LONGMIRE W. BRANTLEY PHILLIPS, JR. DAVID L. RAYBIN

We will have a cook-out and prizes at the conclusion of play. There will be prizes for both team and individual contests, such as longest drive, longest putt, closest to pin, etc. To register, visit NashvilleBar.org/

SARA F. REYNOLDS ERIC W. SMITH LAURA SMITH DARKENYA W. WALLER M. BERNADETTE WELCH STEPHEN J. ZRALEK

NBA STAFF MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator WENDY COZBY, Lawyer Referral Service Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director JAN MARGARET ROGERS, CLE Director VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN ARTICLE? We want to hear about the topics and issues readers think should be covered in the magazine. Send ideas to Jill.Presley@nashvillebar.org.

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NBF Leadership Forum Nominations

As many of you know, the Nashville Bar Foundation established the NBF Leadership Forum—a local leadership program for lawyers with three to eight years of experience—designed to bring together emerging leaders to participate in monthly workshops for nine months to help them realize their potential and to benefit the legal profession and our local community.

Nominations are currently being sought for the 2017-2018 class—which begins this September—and we ask for your help in identifying intelligent, inquisitive, diverse lawyers who have already demonstrated their willingness to make and keep a commitment.

Please visit NashvilleBar.org/NBFLeadershipForum and submit the names of nominees you recommend for this innovative opportunity to learn, collaborate, network, and serve the legal profession and our community. Self-nominations are welcome. All nominations must be submitted by Wednesday, May 31. n

NASHVILLE BAR JOURNAL | APR/MAY 2017

Watch Your Emails for Details

In looking forward to Summer 2017, the NBA already has several events on the calendar. Save the dates for the following and watch your Thursday NBA Weekly Update emails* for details to come!

May 2 | Dial-A-Lawyer May 5 | Law Day Luncheon June | NBA Family Zoo Day June 3 | Ode to Otha June 15 | NBA Happy Hour July 29 | Carbolic Smoke Ball *These emails also contain links to enhanced online content supplementing your print Nashville Bar Journal. n

WHEN? Wednesday, May 24 | 6:00 – 9:00pm WHERE? W.O. Smith School of Music | Nashville, TN WHAT? An intro via immersion to Nashville’s creative community, this summer soirée showcases music, acting, dance, film, visual, and performance art from some of our finest local talents. The evening is topped off with a unique silent auction featuring everything from co-writing sessions with top songwriters to enticing offers from local businesses. Proceeds from the night benefit Volunteer Lawyers & Professionals for the Arts, a program of the Arts & Business Council.

WHO? Arts Immersion celebrates the convergence of Nashville’s creative and business communities. Attorneys, artists, and a plethora of business professionals. . . the perfect blend of suits and skinny jeans.

To register, go to NashvilleBar.org/ArtsImmersion. n

Spring Memorial Service

The Nashville Bar Association’s Spring Memorial Service will be held on Thursday, May 25, at the Downtown Presbyterian Church.

The service begins at 11:00am with a reception immediately following in the Fellowship Hall.

A project of the NBA’s Historical Committee, the memorial service honors the memory of those Nashville lawyers and judges who passed away during the preceding six-month period. Among those being honored are*: Hon. Jack Norman, Jr. Noel Stahl Ruth Lester Wally Drueck, Jr. David Whitefield

Adam Michael Ernie Williams Davis Carr M. Lee Smith Marjorie Greer

Christian Effertz Mike Kaplan Hon. Richard Jenkins Gil Campbell, Jr.

*list subject to change

Memorial resolutions recounting the lives and legal careers of the deceased are prepared and read at the service by friends and colleagues of the bench and bar. Family members and friends of the deceased are invited to attend. n

APR/MAY 2017 | NASHVILLE BAR JOURNAL

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Feature Story | Kimberly Faye

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NASHVILLE BAR JOURNAL | APR/MAY 2017

Tennessee’s Role in Women’s Suffrage A Story of Perserverance, Roses, and a Mother’s Words of Wisdom

Passed by Congress on June 4, 1919, and ratified on August 18, 1920, the 19th Amendment to the United States Constitution guaranteed all American women the right to vote. This milestone in women’s history, however, required a lengthy and difficult struggle that began in the 1800s and finally came to an end when Tennessee became the 36th state to ratify the amendment.

“Failure is impossible.” ―Susan B. Anthony The beginning of the fight for women’s suffrage is generally traced to the “Declaration of Sentiments” produced at the first women’s rights convention in Seneca Falls, New York, in 1848; however, suffrage was not the focus of the convention.

Four years later, at the women’s rights convention in Syracuse, Susan B. Anthony joined the fight and proclaimed that “the right women needed above every other . . . was the right of suffrage.”

Although the women’s suffrage movement began to gain momentum, its advancement was limited in the years preceding the Civil War; nevertheless, it quickly took hold following the end of the war. During the Reconstruction Era (1865-1877), women’s rights leaders advocated for inclusion of universal suffrage as a civil right in the Reconstruction amendments (the 13th, 14th, and 15th Amendments). Despite their efforts, these amendments did nothing to promote women’s suffrage.

In 1872, suffragists brought a series of court challenges designed to test whether the privileges and immunities clause or the equal protection clause of the 14th Amendment extended the right to vote to women, but ultimately, in Minor v. Happersett, 88 U.S. 162 (1875), the United States Supreme Court held that the U.S. Constitution did not grant women the right to vote. Fol-

lowing Minor, suffragists turned their attention from the courts to Congress, and in 1878, a constitutional amendment was proposed by Senator Aaron Sargent of California that provided, “The right of citizens to vote shall not be abridged by the United States or by any State on account of sex.” The proposal, commonly referred to as the “Anthony Amendment,” was devised by Sargent and Anthony after a chance encounter on a train ride in 1872. The proposal sat in a committee until it was considered by the full Senate and rejected in 1887. Following the Senate’s rejection, the suffragists began focusing their efforts to individual states and territories, while retaining the goal of federal recognition.

The women’s suffrage movement suffered yet another setback following the death of Anthony, but in 1915, Carrie Chapman Catt, Anthony’s friend and the successor president of the National American Woman Suffrage Association (NAWSA), unveiled her plan to simultaneously campaign for suffrage on both the state and federal levels and to compromise for partial suffrage in the states resisting change. Under Catt’s leadership, the NAWSA gained support for the 19th Amendment’s ratification, state by state. Following New York’s passage of women’s suffrage in 1917, President Woodrow Wilson converted to the cause. In a 1918 speech before Congress, President Wilson publically endorsed women’s right to vote for the first time. Although this speech did not gather the necessary votes, he continued to be an advocate for women’s suffrage, consulting with members of Congress through personal and written appeals, often on his own initiative. Then, on June 4, 1919, Congress voted to approve those 39 words comprised within the 19th Amendment, which, if ratified by 36 states, would give women (continued on page 8) 00) (continued on page

APR/MAY 2017 | NASHVILLE BAR JOURNAL

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Feature Story | the right to vote.

Tennessee’s “War of the Roses” By the summer of 1920, 35 of the then 48 states had ratified the 19th Amendment, with Tennessee slated to be the last state to vote. The legislators knew, as did almost every politically aware citizen in this country, that the long fight for women’s suffrage would succeed if Tennessee approved the amendment. With only one vote away from attaining the “Perfect 36,” Carrie Chapman Catt, NAWSA leader, traveled to Nashville to spearhead the drive for ratification alongside Anne Dallas Dudley, a prominent Tennessee suffrage leader and Vice President of NAWSA. Tennessee women from all backgrounds, socioeconomic classes, and races worked together to write letters, make speeches, and canvass legislators.

In August 1920, all eyes turned to Nashville. In the weeks leading up to the vote, the Hermitage Hotel served as headquarters for both pro-ratification supporters and anti-suffrage supporters. As the members of the Tennessee General Assembly arrived, they were met by supporters and opponents of the amendment, who gave them roses to wear on their lapels. A yellow rose signified a pro-suffrage lawmaker (the “suffs”); red roses were given to the opponents (the “antis”). What ensued was a “war of the roses.”

By the count of roses worn on the lapels of the representatives, it appeared that the amendment would be defeated 47 to 49. In the first roll call, however, Banks Turner of Gibson County, a professed opponent of ratification, arose and instead of declaring either “Aye” or “Nay” made a brief statement: “I wish to be recorded as against the motion to table.” Both the “antis” and “suffs” were stunned by Turner’s vote. The vote was 48 to 48. Thus, the 8

Tennessee’s Role in Women’s Suffrage (continued from page 7)

19th Amendment was still alive in the state of Tennessee. A second roll was taken, and the vote remained deadlocked. The “suffs” remained hopeful but knew that another tied vote would mean failure. Then, on the third vote, Harry Burn of McMinn County, the youngest member of the legislature, astonished the chamber by casting his vote in favor of the bill, solidifying his place in history. Following his “Aye” vote, chaos reigned. Some have even stated that the angry “antis” chased the young legislator around the gallery until he escaped through a third-floor window to a ledge, which led to the Capitol’s attic. There he hid until the furious crowd finally ended their pursuit.

“Don’t forget to be a good boy . . .” ―Febb Burn

Although Burn bore a red rose on his lapel, he later explained that no one could see what he carried in his breast pocket―a letter he recently received from his mother, a strong-willed widow of a farmer. Febb Burn penned the letter after seeing a local paper’s cartoon of an old woman―who she presumed to be Carrie Chapman Catt― chasing the letters “RAT” with a broom, trying to drive them up in front of “IFICATION.” In her seven-page letter to her son, Febb Burn wrote more than a few lines in regards to supporting ratification, which were interspersed among other family matters: Dear Son, . . . vote for Suffrage and don’t keep them in doubt. . . . I’ve been waiting to see how you stood but have not seen anything yet. . . . Don’t forget to be a good boy and help Mrs. Catt with her “Rats.” Is she the one that put rat in ratification, Ha! No more from mama this time. With lots of love, Mama.

Incredibly, women’s suffrage ultimately hinged on an eleventh-hour change of heart

NASHVILLE BAR JOURNAL | APR/MAY 2017

by a young state legislator who, after reading and re-reading this letter, listened to his mother’s words of wisdom. In the days that followed the historical vote, Burn explained: “I believe in full suffrage as a right,” and “I believe we had a moral and legal right to ratify. I know a mother’s advice is always safest for her boy to follow, and my mother wanted me to vote for ratification.” Years later, Burn proudly reflected on his deciding vote: I had always believed that women had an inherent right to vote. It was a logical attitude from my standpoint. My mother was a college woman, a student of national and international affairs who took an interest in all public issues. She could not vote. Yet the tenant farmers on our farm, some of whom were illiterate, could vote.

On that roll call, confronted with the fact that I was going to go on record for time and eternity on the merits of the question, I had to vote for ratification.

Burn’s decision to vote in favor of women’s suffrage not only secured the long-overdue victory that suffragists had sought since the 1800s, but also secured a place for both Burn and his mother in American history when they delivered Tennessee as the “Perfect 36th” state to ratify the 19th Amendment. After Governor A.H. Roberts signed and sent Tennessee’s ratification papers to Washington, D.C., Secretary of State Bainbridge Colby issued his proclamation on August 26, which became known as “Women’s Equality Day.” Finally, 144 years after the Declaration of Independence, American women earned the constitutional right to vote.

Ninety-six years later—on Women’s Equality Day 2016—a monument honoring the suffragists’ victory, commissioned by the (continued on page 16)

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Be the first person to email the correct answer to Jill.Presley@nashvillebar.org and your name—along with the correct answer—will appear in the next issue.

FEB/MAR GOLDEN OLDIES

James C. Hofstetter, of Hofstetter & Hofstetter, correctly identified the individuals in the February/March 2017 Golden Oldies photo. Pictured (left to right) are Allen High, Thomas W. Steele, Ed Davies, Ben Cantrell, Frank Drowota, Alf Adams, Sr., Lucy Still (Ms. Lucy), and Ned Lentz.

They call themselves the ROMEOS... Retired Old Men Eating Out.

Metro Legal Takes the Gold!

The January NBA Trivia Happy Hour was taken by storm with over 150 members sprawling across The Gulch’s Bar Louie. A record breaker for us, as we actually had to turn folks away because there was no more room! It was a close match, but the lucky winners are pictured below from Metro Legal Department. For more photos from this and other NBA events, visit NashvilleBar.org/PhotoGallery.

Pictured (left to right) are James Robinson, Phylinda Ramsey, Will Woods, Margaret Darby, and Cate Pham.

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NASHVILLE BAR JOURNAL | APR/MAY 2017

Editorial |

Caroline Hudson

Revenge & Privacy Protection:

Tennessee Takes a Stand Against Nonconsensual Distribution of Private Images The Tennessee Legislature has responded to the growing issue of nonconsensual distribution of private images by enacting a new law to protect citizens. This concern likely stems from the adverse effects on victims following distribution of intimate images.1 Distribution of these images can be also called “revenge porn.”2 This term became popular following a trend of former boyfriends that uploaded private photographs of their ex-girlfriends onto Internet websites without the exes’ consent.3 Revenge pornography can also include photographs or videos that are hacked from a person’s cellular phone, laptop, or cloud storage and subsequently published on the Internet.4 In response to this issue, states have enacted legislation to protect victims.5 Distribution of nonconsensual images is now a crime in many states, including Tennessee. In 2016, the Tennessee legislature enacted Tennessee Code Annotated § 39-17-318. This statute makes nonconsensual distribution of private images a Class A misdemeanor. For a defendant to be found guilty, the state has to prove, beyond a reasonable doubt, the following: “(1) that the defendant, with intent to cause emotional distress, distributed an image of the intimate part or

parts of another identifiable person; and (2) the image was [photographed][recorded] under circumstances where the parties agreed or understood that the image would remain private; and (3) the person depicted in the image suffered emotional distress.”6 This statute directly addresses revenge pornography situations.

Some states have even enacted a civil statute that allows victims to receive damages for nonconsensual distribution of an intimate image. In Pennsylvania, for example, a person can bring a civil cause of action based upon unlawful dissemination of an intimate image.7 Damages can include loss of money, reputation, or property—real or personal. Under the court’s discretion, it may award up to three times the actual damages sustained, reasonable attorney fees, court costs, and additional relief that the court deems necessary.8 Tennessee law does not provide a statutory civil cause of action for the nonconsensual distribution of intimate images.

Nonetheless, and depending on the circumstances, a plaintiff could make a negligence, invasion of privacy, and/or emotional distress claim. For example, broadcast correspondent Erin (continued on page 12)

APR/MAY 2017 | NASHVILLE BAR JOURNAL

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Editorial |

Revenge & Privacy Protection (continued from page 11)

Andrews was subjected to the invasive and nonconsensual recording and publication of private images while staying at a Nashville hotel.9 Michael David Barrett removed and altered peep holes on Andrews’s hotel room door and recorded her changing and getting dressed.10 Barrett then posted the videos of Andrews online.11 Andrews filed a lawsuit against Barrett and the hotel and made a claim for negligence, emotional distress, and invasion of privacy.

In Andrews’s case, the jury awarded a $55 million verdict,12 and at least one of the defendants had deep pockets. The more likely situation is when a spurned ex or hacker posts private photographs of a victim while couch surfing at a friend’s apartment. Thus, the biggest obstacle in a civil case would be whether the defendant has any money, any assets, or any applicable insurance policies.

While Tennessee has started down the right path by criminalizing individuals who distribute nonconsensual intimate images, more should be done to curtail

individuals from posting private photographs on the Internet. Uploading these images can cause extreme embarrassment to the victim and can adversely affect their reputation, job, and personal life.13 Tennessee legislators, check out Pennsylvania’s law. n Endnotes 1 Senate Judiciary Committee, Sen. Sara Kyle, Bill 1376 (Mar. 29, 2016), available at Tnga. granicus.com/MediaPlayer.php?view_id=278&clip_id=12103; Senate Sessions—57th Legislative Day, Item SB 1376 (Apr. 7, 2016), available at Tnga.granicus.com/MediaPlayer.php?view_ id=278&clip_id=12141.

See, e.g., Revenge Porn and Internet Privacy, C.A. Goldberg (2017), CAGoldbergLaw.com.

2

3

Id.

4 Id.; see also Katlyn Brady, Revenge in Modern Times: The Necessity of a Federal Law Criminalizing Revenge Porn, 28 Hastings Wom. L. J. 3-24 (Winter 2017).

See, e.g., Ark. Code Ann. § 5-26-314 (West 2015); Conn. Gen. Stat. Ann. § 53a-189c (West 2015); Minn. Stat. Ann. § 617.261 (West 2016); N.H. Rev. Stat. Ann. § 644:9-a (2016); Okla. Stat.

Ann. tit. 21, § 1040.13b (2016); Or. Rev. Stat.

Ann. § 163.472 (West 2015); Tex. Penal Code Ann. § 21.16 (West 2015); Vt. Stat. Ann. tit. 13, § 2606 (West 2015).

5

7 Tenn. Prac. Pattern Jury Instr. T.P.I.-Crim.

39.09 Unlawful Exposure (2017); see also Tenn.

6

Code Ann. § 39-17-318 (2016). As used in § 3917-318, emotional distress means “significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.” Id. § (b)(1); see also Tenn. Code Ann. § 39-17-215 (2016).

Intimate part “means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing.” Id. § 39-17-318(b)(2); see also 7 Tenn. Prac. Pattern Jury Instr. T.P.I.-Crim.

39.09 Unlawful Exposure (2017).

7

42 Pa. Cons. Stat. Ann. § 8316.1 (West 2014).

8

Id.

Of course, Tenn. Code Ann. § 39-17-318 would not apply to this situation and does not fit under the category of “revenge porn.” It does, however, demonstrate what civil causes of action a victim could bring in a Tennessee court.

9

10 Compl., ¶ 8, Erin Andrews vs. Marriott Int’l, Inc., et al., No. 11C4831 (Tenn. Cir. Ct. Dec. 1, 2011); see also Fourth Amended Comp., Erin Andrews vs. Marriott Int’l, Inc., et al., No. 11C-4831 (Tenn.

Cir. Ct. Mar. 4, 2016).

11

Id. at ¶ 9.

12 Verdict Form, Erin Andrews vs. Marriott Int’l, Inc., et al., No. 11C4831 (Tenn. Cir. Ct. Dec. 1, 2011).

Ari Exra Waldman, A Breach of Trust: Fighting Nonconsensual Pornography, 102 Iowa L. Rev. 709, 714-16 (Jan. 2017).

13

CAROLINE HUDSON is

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an attorney at the Law Offices of John Day where she represents clients in various tort-related matters. She is a member of the Nashville Bar Association and serves on the Nashville Bar Journal

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NASHVILLE BAR JOURNAL | APR/MAY 2017

BACKGROUND CHECK

Maria Salas | Bart Pickett

Maria Salas was appointed Clerk and Master for the Twentieth Judicial District on December 1, 2015. The position might not seem like a natural fit for someone who spent almost her entire legal career in bankruptcy court, but it is a position she finds challenging and rewarding.

She was born in California and moved around the country in a military family. As a young child, she moved to Chattanooga following her parents’ divorce. While at Red Bank High School, Maria played numerous sports and was a member of the state championship softball team her senior year.

She went to Middle Tennessee State University (MTSU) on a basketball and academic scholarship and majored in public relations. She jokingly says she picked her college major based on what required the least amount of math. Graduating summa cum laude, Maria became the first in her family to graduate college in 1985.

Maria started work as an admissions counselor first at Cumberland University and then at Austin Peay.

Travelling the state recruiting high

school students quickly lost its luster, so Maria sought a new career path.

She harkened back to her media law classes at MTSU and decided to give law school a shot.

Maria enrolled at Nashville School of Law in 1988. In law school, she worked for the State Consumer Affairs Division and then at the firm Lewis King (now Lewis Thomason).

She transitioned from law clerk to associate at Lewis King following graduation in 1992. A tip from a law school classmate led her to local bankruptcy attorney Edgar Rothschild, who needed an associate. She found her niche helping people in consumer bankruptcy cases. She was an associate for five years and then a partner at Rothschild & Salas for an additional five.

In 2005, Maria’s world changed forever when she adopted her daughter, Owen. The demands of a single parent caused her to evaluate her high-volume practice model. She left to start Salas Law Group and was in solo practice for ten years.

After a successful 20-year bankruptcy practice, she feels fortunate to have found a new career challenge that enables her to put her skills to use in public service. Going from being one’s own boss to working for four judges might sound stressful to some, but Maria has found the job to be a breath of fresh air. “I’m grateful for such interesting and challenging work,” she says.

She continues learning new skills as she settles into the Clerk and Master role. The job has its challenges, including implementation of an electronic

case filing system which went “live” in March. She credits her smooth transition to the dedicated staff in the clerk’s office.

Maria and her now 11-year-old daughter live in East Nashville. When not working or “keeping up with her daughter’s social calendar,” Maria enjoys running, craft beer, Nashville Sounds baseball, and trying new restaurants in town. She is proud of her long-time local and national LGBT advocacy work as well as other community service. Her current and recent board and advisory board service includes the Nashville Children’s Theatre, the Nashville Bar Association, the Nashville Bar Foundation, the Stonewall Bar Association, Nashville Cares, Conexión Américas, and the Oasis Center Just Us program. n BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty

Mutual

Group,

Inc.’s insureds and customers of its affiliated groups throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

APR/MAY 2017 | NASHVILLE BAR JOURNAL

13

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LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound

If you aren’t the lead dog, the view never changes. —Anonymous Fuel Tax Trials As we barked about in the last column, Governor Bill Haslam’s fuel tax proposal is proving to be a tough sell for the 110th General Assembly, particularly in the House. Mark Twain noted, “If you pick up a starving dog and make him prosperous, he will not bite you. This is the principal difference between a dog and a man.”

Governor Haslam has worked hard to cultivate relationships with the members of the General Assembly. Many recognize that he does not have to make the increased fuel tax legislation his signature proposal during his last two years in office. Governor Haslam realizes that Tennessee has a small tax base for the general fund and that Tennessee’s separate funding mechanism of user fees for transportation infrastructure funding is a conservative one and a fiscally sound one. Tennessee also has an incredibly conservative approach by paying cash for transportation infrastructure projects.

Governor Haslam also refuses to raid the general fund to pay for transportation

infrastructure. Then of course, you have Representatives Courtney Rogers and Terri Lynn Weaver, who represent parts of Sumner County, which includes the cities of Hendersonville and Gallatin.

Both are members of the House Transportation Committee and both adamantly oppose the fuel tax increase proposal.

Hendersonville would still be a gridlock and traffic light nightmare without the state-funded Vietnam Veterans Highway.

Gallatin would not have the GAP distribution center or the Beretta plant. Go figure.

Lawyers are Barking On January 19, 2017, Senator Steve Dickerson of Davidson County introduced SB 135, and on January 24, 2017, Representative William Lamberth of Sumner County introduced the House companion bill, HB 98. SB 135 / HB 98 would require Davidson County to conduct nonpartisan elections for state trial court judges, county judicial officials, and judicial clerk offices. Under the present law, a primary election is required for the offices of Governor, General Assembly, US Senate, and US House. For other offices, local political parties choose whether and how

to nominate candidates.

SB 135 / HB 98 would make elections for state trial court judges, general sessions court judges, and judicial clerk offices nonpartisan in Shelby and Davidson counties. The bill would also require that the listing of any incumbent be first on the ballot. Concerns were raised, noting a preference for nonpartisan judicial elections on a statewide basis rather than just one or two counties. Those concerns were rooted in Tennessee Constitution Article XI, Section 8, which prohibits the General Assembly from suspending the general law for the benefit of a particular individual or from passing any law for the benefit of individuals inconsistent with the general law. This state constitutional provision has been called the equivalent of the equal protection clause of the Fourteenth Amendment of the federal constitution. The legal analysis under each is similar. Of course the General Assembly may draw classifications, and almost every bill does so, but the distinctions drawn must be based on a rational basis. The Tennessee Bar Association, the Lawyers’ Association for Women, and the Nashville Bar Association all weighed in with the concerns noted above. Representative Lamberth has steered HB 98 through the standing committee process in the House, but Senator Dickerson is still pondering his approach in the Senate.

Celebrate a Life Well Lived Senator Douglas Henry (90) died on Sunday, March 5. Senator Henry, BPR #2693, was a longtime member of the Nashville Bar Association. His 46 years of legislative service are longer than anyone else has ever served in the Tennessee General Assembly. During legislative conversations concerning our judicial

(continued on page 16)

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15

Feature Story | Tennessee Woman Suffrage Monument Inc., was unveiled in Nashville’s Centennial Park. The monument features five women who were essential during the final ratification battle in 1920, including Catt and Dudley, along with Abby Crawford Milton of Chattanooga, J. Frankie Pierce of Nashville, and Sue Shelton White of Jackson.

Women’s suffrage was a long and difficult battle for women, but voting was only the beginning. Today, gender inequality arises in many forms, including the disparity in women’s political representation and participation, occupational segregation, the gender pay gap, and the unequal distribution of household labor. As women continue to fight for gender equality, I found these words stated by Susan B. Anthony in 1868, still applicable today: “Men, their rights, and nothing more; women, their rights, and nothing less.”

Further Reading

Lynn Sherr,. Failure Is Impossible: Susan B. Anthony in Her Own Words (Times Books 1996).

Anastatia Sims, “‘Powers that Pray’ and ‘Powers that Prey’: Tennessee and the Fight for Woman Suffrage”, Tenn. Hist. Q. 203-25 (1991).

Marjorie Spruill Wheeler, ed. Votes for Women: The Woman Suffrage Movement in Tennessee, the South, and the Nation (Knoxville, 1995).

Jessica Bliss, “Alan LeQuire’s Women Suffrage Monument unveiled in Nashville’s Centennial Park”, Tennesseean, Aug. 24, 2016, Tennessean.com/story/news/2016/08/24/alanlequires-women-suffrage-monument-unveiled-centennialpark/87150580.

KIMBERLY FAYE is the senior law clerk to the Honorable Frank G. Clement at the Tennessee Court of Appeals. She is a member of the Nashville Bar and serves on the Nashville Bar Journal Editorial Committee, and the Appellate Practice, Community Relations, and Health and Wellness, and Social Committees. She is also a member of the Harry Phillip’s American Inn of Court and a board member of the Lawyers’ Association for Women. Faye is a graduate of the Nashville School of Law.

16

Tennessee’s Role in Women’s Suffrage (continued from page 8)

DIAL-ALAWYER

Dial-A-Lawyer is held the first Tuesday of each month from 6:00 to 8:00pm and the public is invited to call in with basic legal questions. If you would like to volunteer and help the NBA support this program, please contact our LRIS Coordinator at Wendy.Cozby@nashvillebar.org.

Pro Bono credit applies and a complimentary dinner will be provided.

Thank you to our February and March volunteers!

GINA CRAWLEY BRAD GILMORE CHRIS HUGAN TOM LAWLESS DOUG PIERCE JOE RUSNAK THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA

NASHVILLE BAR JOURNAL | APR/MAY 2017

(Capitol Notes, continued from page 15)

and legal systems, Senator Henry was always good to invite the comments and seek the counsel of the organized bar. World War II veteran, Vanderbilt Graduate, Lawyer, Presbyterian, Public Servant—Senator Henry has too many accomplishments to list, but all Nashvillians and Tennesseans should pause and think of him every time they set a paw upon Radnor Lake State Park or use the services of the Tennessee Foreign Language Institute. Senator Henry will be missed, and we wish his family and friends well as they mourn his passing and celebrate a life well lived.

Checklist for April 1. Bookmark the Tennessee General Assembly’s website at Capitol.tn.gov.

It is a treasure trove of legislative information, including audio and video archives of committee and floor sessions for every bill and resolution.

2. Sign up to attend the Law Day Luncheon on May 5 at the Renaissance Hotel at 12:00pm. Juvenile Court Judge Shelia Calloway will share a message with the group on this year’s theme, The Fourteenth Amendment, Transforming American Democracy.

3. Be the successful lawyer your Mother tells people you are.

Calendar Notes State and NBA offices will be closed Friday, April 14, for the Good Friday holiday. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

She is also a big believer that it’s not the size of the dog in the fight, but the size of the fight in the dog.

Bill & Phil’s Gadget of the Month | Bill Ramsey & Phillip Hampton

SunnyCam You can travel all over the world and experience amazing sights and sounds, but the real joy of those experiences is in sharing what you have seen with family, friends, or even the world (via YouTube).

We love to capture life experiences on camera, and, as such, we probably use our smartphones more for photos and videos than phone calls.

The problem with the smartphone cam, however, is that it is sometimes difficult to capture an activity in the moment as we are experiencing it. The desire to capture active scenes, such as a run along the beach, a bicycle ride on an autumn day, or parasailing adventure, has given rise to a plethora of active cams, with GoPro being one of the more popular ones. These cams are popular with outdoor enthusiasts who wear them conspicuously mounted on top of their bicycle helmet. We love the quality of the video these cameras capture and the hands-free mode of recording, but we don’t particularly like being seen wearing a video cam perched on top of our head.

We also don’t care for some of the high price tags these cams carry.

So, we have abstained from purchasing an active cam…until now. We saw the SunnyCam product at the Consumer Electronics Show and immediately signed up to purchase once they started shipping to the U.S. SunnyCam is a pair of glasses with a 1080p video camera nestled inconspicuously in the frame between the eyes. What we like about the design is that the glasses (with either tinted lenses for sunglasses or clear lenses for indoors) look like real glasses, not the nerdy half-glasses / half-cyclops design of Google’s failed Google Glass

experiment. The SunnyCam frames are very sturdy and substantial without looking nerdy (at least we don’t think we look nerdy when we wear them).

Once these SunnyCam glasses passed the fashion test, the more important determination was whether the process of video recording would be effortless and the resulting video would be of good quality. We tested the glasses around the office and were pleased with the results but decided to send SunnyCam on a rugged test. It just so happened that Phil was getting ready to embark on an early spring ski vacation in Utah, so he took SunnyCam on a more rigorous test drive down the ski slopes and along some rough mountain terrain in a snowmobile. The results were fantastic. The glasses held up quite well despite getting inadvertently buried in some snow drifts occasionally (no knock on Phil’s skiing ability, of course).

It is very easy to begin recording by simply pressing a button on the glass frame. The camera located between the eyes begins capturing whatever you are viewing at that moment. To stop recording, you simply press the same button.

The captured video is stored on the builtin 16GB memory card, which can hold up to three hours of footage. You can also capture still photos while video recording by simply pressing the button on the frame.

The battery life on the SunnyCam was a little disappointing for our taste, giving only one hour of recording time on a single charge. It is easy, however, to re-charge the battery with the included USB cable—you could also elect to bring a backup power source to plug in via the USB cable once the battery starts to drain.

It is easy to view and download the videos from the glasses once you get back to your computer, and, the quality of those videos was actually quite stunning.

While the skiing action was fast (sometimes), the snowmobiling action was fast and very bumpy. Surprisingly, the recorded videos were not excessively jumpy or unwatchable, even from the snowmobile runs. What was really nice was being able to enjoy an activity with no encumbrance (other than a pair of sunglasses, which we would have worn anyway) and to capture that active experience on a 1080p video camera.

Of course, devices like SunnyCam raise all sorts of privacy issues as it is virtually impossible for someone to notice that you are recording a video while wearing them. There is a small red light on the face side of the glasses that illuminates when the camera is recording, but this light is unseen from the onlooker’s perspective. One can imagine that there will be all sorts of litigation interest in videos captured from these types of gadgets as they become more popular.

SunnyCam is made by a company in the U.K. and can be purchased directly online starting at €120 (approximately $129). There will be distribution through some U.S. retailers according to the com (continued on next page)

APR/MAY 2017 | NASHVILLE BAR JOURNAL

17

Capitol Notes |

(continued from page 15)

(Bill & Phil... continued from page 17)

pany website.

Whether you want to take this device on vacation to capture the moment while living the moment or whether you want to use this camera to capture a home improvement project, a child’s soccer game, or simply a fun day in the park, we think SunnyCam is up to the task. n

The Historical Committee has completed over 50 oral histories of NBA members!

Until next time, Bill & Phil

THANK YOU to Nolan & Powers Digital Media for donating time to make this possible!

Nashville, TN 37027 | 615-342-9616 Any NBA member age 65 or older may record an oral history.

For information or to schedule your time, contact Gareth Aden at Gaden@gsrm.com or Hal Hardin at HalHardin@aol.com.

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Visit NashvilleBar.org/NashvilleBarJournal for more information.

18

NASHVILLE BAR JOURNAL | APR/MAY 2017

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration, visit NashvilleBar.org/CLE. W E DNESDAY, APRIL 2 6 | LIVE S E M I N A R

M ON D AY, M AY 1 | LI V E S EMIN A R

INTRODUCTION TO E-FILING IN CIRCUIT COURT & HOW TO EFFECTIVELY USE CASELINK

VIEWS FROM THE BENCH: PROFESSIONALISM AND SOCIAL MEDIA

OVERVIEW

OVERVIEW

CaseLink is the Public Inquiry System for the Offices of the Circuit Court Clerk which provides convenient 24/7 access to cases and documents filed in the Circuit, Probate and General Sessions-Civil Courts. The CaseLink system was recently upgraded to include new features, including online payments, case alerts, and updated interface. Bring your laptop or mobile device and learn how to effectively use this valuable resource.

This program will include suggestions on how to use social media while maintaining a professional persona that will appeal to potential future clients and while following all ethical rules.

Justice Page and Judge Gibson will provide examples of how social media use can go awry, and they will provide tips for how to prevent social media mishaps.

Further, the Davidson County Circuit Court Clerk’s Offices are in the process of implementing an E-Filing system in conjunction with Criminal and Juvenile Courts. This seminar will give you an introductory overview of how the E-Filing process will work.

PRESENTERS Tracy Cartwright, Chief Deputy of Operations Joseph P. Day Chief Deputy of Public Relations & Employee Development Richard R. Rooker, Circuit Court Clerk

PRESENTERS Hon. Roger A. Page, Tennessee Supreme Court Hon. Brandon O. Gibson, Tennessee Court of Appeals D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

D E TA I L S

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Registration. . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 12:00pm

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89

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For registration after April 27, add a $10 late fee.

Location. . . . . . . . . Jury Assembly Room, Historic Courthouse COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after April 24, add a $10 late fee.

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19

PLI LIVE WEBCASTS L i ve CL E C r e dit f r om Innov a t iv e Webcast s

N B A ON LI N E S E M I N A R S P ersonal i z ed Learni ng on Your Sc h e d u le

is the exclusive online support network for the NBA.

PLI and the NBA provide sophisticated programs to Tennessee attorneys through live webcasts held at the NBA Conference Center. Attendees will earn live CLE credit. Registration is free for PLI’s Privileged members. Visit NashvilleBar.org/CLE for course details and to register.

Commercial Real Estate Financing 2017 April 11-12, 8:00am – 4:00pm 1.0 Dual | 11.2 General Complimentary breakfast included.

Ethics and Professionalism Views from the Bench Health Law Law Office Management

IP Monetization 2017: Maximize the Value of Your IP Assets April 19, 8:00am – 4:00pm 1.0 Dual | 5.0 General Complimentary breakfast included.

Appellate Advocacy 2017 April 21, 8:00am – 12:00pm

The NBA has over 100 online seminars to choose from. Check out NashvilleBar.org/CLE and choose from one of our many relevant and focused topics including:

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WE B I N A R S | FE ATU R I N G S E A N C A R T ER , ESQ .

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Psychological Issues in the Workplace 2017 May 10, 12:15 – 5:00pm 1.0 Dual | 2.2 General

From Competence to Excellence: The Ethycal Imperative for Excellent Client Service April 13, 12:00 – 1:00pm 1.0 Dual

Basics of Accounting for Lawyers: What Every Practicing Lawyer Needs to Know 2017 May 18-19, 8:00am – 3:30pm 1.5 Dual | 9.25 General

Don’t Be an Outlaw: The Ethycal Imperative to Follow the Law April 19, 12:00 – 1:00pm

Complimentary breakfast included.

International Estate & Tax Planning 2017 May 22, 8:00am – 4:15pm

6.5 General

Complimentary breakfast included.

Corporate Compliance and Ethics Institute 2017 June 1-2, 8:00am – 4:00pm 1.0 Dual | 11.25 General Complimentary breakfast included.

International Arbitration 2017 June 5, 8:00am – 4:15pm

6.5 General

Complimentary breakfast included.

20

NASHVILLE BAR JOURNAL | APR/MAY 2017

1.0 Dual

Loose Lips Sink Partnerships (and Clients Too): The Ethical Way to Honor Client Confidentiality April 25, 12:00 – 1:00pm 1.0 Dual The 2017 Ethy Awards April 29, 10:00am – 12:00pm

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Copywriting for Lawyers: How to Win Cases and Influence People May 4, 12:00 – 1:00pm

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Supervision: Responsibilities Regarding Nonlawyer Assistance Awards May 9, 12:00 – 1:00pm 1.0 Dual

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Purchase your members-only CLE Easy Pass now, and save up to $255 on cutting edge CLE! Choose a CLE Easy Pass that fits your “Live” CLE hour needs and your budget. For questions or to purchase your CLE Easy Pass, email NBA_CLE@nashvillebar.org or call 615-242-9272.

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CLE Easy Passes are non-transferable, and a substitute may not attend for an Easy Pass Holder.

APR/MAY 2017 | NASHVILLE BAR JOURNAL

21

TENNESSEE CHAPTER

Nashville Area Members recognized for Excellence in the field of Mediation or Arbitration

Gail ASHWORTH (615) 254-1877

John BLANKENSHIP (615) 893-4160

Paul DeHOFF (615) 893-8896

Hon. Robert ECHOLS (615) 742-7811

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James KAY (615) 742-4800

Mark LeVAN (615) 843-0300

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Tracy SHAW (615) 244-3370

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Mark TRAVIS (931) 252-9123

Jack WADDEY, Jr. (615) 850-8752

Check preferred available dates or schedule appointments online directly with the state’s top neutrals www.TennesseeMediators.org www.TennesseeMediators.org is is free, free, funded funded by by members members

For more information about NADN, please watch the short video at www.NADN.org/about

Historical Editorial |

Gareth Aden

Remembering L. Clure Morton EDITOR’S NOTE: In this “14th Amendment issue”, we remember Judge L. Clure Morton (February 20, 1916 - April 11, 1998), a man who practiced law for 35 years and then served as a judge for 25 years, applying federal law to advance due process in Tennessee. For example, Judge Morton aided Nashville’s integration by strictly enforcing federal busing law to increase racial balance in Tennessee schools. He also struck down Tennessee’s 1973 abortion law as unconstitutional, and in the 1980s, he ordered the reduction of prison population due to overcrowding, violence, and lack of rehabilitation. Here, NBA Historical Committee member Gareth Aden recalls practicing before the Honorable L. Clure Morton.

I was late for court, and I was in trouble. Charlie Williams and I were trying a multi-week jury case in Judge L. Clure Morton’s court, and we had established a “war-room” at a hotel across the street. Today—despite Charlie’s admonition to “come on”—I was five minutes late getting back to court after lunch. My walk down the eighth floor corridor to Judge Morton’s courtroom felt like a walk to the death chamber.

As I came to the huge courtroom doors and peeked through the glass panel, my worst fears were confirmed. The other law

yers were seated at the counsel tables; the witness was seated; the jury was in the box; and Judge Morton was on the bench. I took a deep breath, opened the door. Total silence in the courtroom. The walk to the podium seemed to last forever, but I went straight toward the lectern to take my whipping. As I reached for the microphone, Judge Morton spoke first: “Well, Mr. Aden, we are happy to see you remembered we were holding court this afternoon. Now why don’t you see if you can finish this examination.” The jurors tried not to laugh at my embarrassment, but—truth be told—I knew I had actually received mercy from a judge who was a taskmaster for punctuality and proper courtroom behavior. Reflecting back, this was exactly how Judge Morton taught young lawyers. And he taught well.

In my first trial before Judge Morton, I learned the hard way that he paid keen attention to the law. It was a breach of contract suit for alleged preferential distribution of automobiles to a competitor dealer, and we had thrown in a count alleging price discrimination under the Robinson-Patman Act. The proof took more than a week and the Court rode us hard to move the trial along. When my partner Harlan Dodson, III gave the opening statement, he acknowledged that, although it was a complicat(continued on page 24)

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Historical Editorial | ed case, one part was simple because we clearly deserved to win under the Robinson-Patman count. I was pleasantly surprised by this novel argument and looked at Judge Morton, who was almost falling out of his chair trying not to laugh. We got a nice verdict (even on the Robinson-Patman count), but Judge Morton set it aside post-trial, pointing out that we had not satisfied the legal requirements for proving lost net profit. It was a bitter pill, but I never again forgot the importance of “net” profit when handling a commercial case.

Judge Morton insisted that you know the court rules and study the applicable law. But there was more. Over time, attorneys came to appreciate that behind his gruff exterior lay both an understanding heart and a keen sense of humor. Judge Morton had been a trial lawyer in Knoxville for 15 years prior to his appointment to the federal bench in 1970, and you could tell that he appreciated the difficulties of trial practice.

Judge Morton presided over another one of our cases where a local boat dealer’s outboard motor contract had been cancelled by the manufacturer. While Tennessee had no Franchise Dealer Day in Court Act at that time, Wisconsin did, and the franchise agreement expressly chose Wisconsin law as applicable to contract disputes.

We filed suit based on the failure to give notice and a cure period required by the Wisconsin Act. The manufacturer moved to dismiss on the basis that Wisconsin substantive law did not apply, and Judge Morton granted the motion. On appeal, the Sixth Circuit reversed Judge Morton, citing one of Judge Morton’s prior rulings in 24

Remembering L. Clure Morton (continued from page 23)

the opinion. On remand we were concerned that Judge Morton would be upset by the reversal. At our next hearing, Judge Morton began, “Well gentlemen, the Sixth Circuit tells me I was wrong and even cites one of my prior rulings as support….” He paused and added with a wry smile, “I guess that settles the matter. Now let’s get this case ready for trial.” On occasion when he disagreed with the Sixth Circuit, he was known to comment, “They aren’t right because they are right…they are right because they are last.”

L. Clure Morton Post Office & Courthouse in Cookeville

The humorous side to Morton’s personality would reveal itself as one gained experience in his courtroom.

He was known to hand out New Yorker lawyer cartoons to the attorneys, notably making us chuckle before starting court for the day. I received my first New Yorker cartoon in the early 1980’s.

Once again, I was late for court, walking in as Judge Morton was seating himself. My motion was first on the docket.

I tried to sneak to the counsel table, but Judge Morton caught me short, “Counsellor, would you approach the bench?”

I assumed that this meant that I would receive a private reprimand for my lateness. When I stepped up to the bench, Judge Morton produced a New Yorker lawyer cartoon from under the bench

NASHVILLE BAR JOURNAL | APR/MAY 2017

and handed it to me. We had a good chuckle before business began.

Tom White recalls Judge Morton’s New Yorker cartoons well and how he often used them to defuse tension.

When one out-of-town attorney began to get personal in an argument, Judge Morton took a sudden recess and invited counsel to his chambers. There he explained “we don’t practice that way” here in Nashville and then passed around some New Yorker lawyer cartoons.

Several local attorneys told me they felt Judge Morton was too severe on following “the Rules” and avoided his court for that reason. My experience was that Judge Morton was tough but dedicated to teaching the virtue of “rules practice,” which was relatively new. He succeeded, and his legacy lives on to today.

John McLemore recalls dropping

by Judge Morton’s court early one morning before a creditors’ meeting.

The courtroom was packed with lawyers and paralegals unloading stacks of files. High-priced counsel from outof-town headed up opposing teams.

Court opened promptly. As Judge Morton sat down, he asked the packed courtroom if there were any preliminary matters before jury selection. Ominously, the lead lawyer for one team rose and indignantly “informed” the court that he had been served with a long set of interrogatories the night before. Immediately the lead counsel for the other side was on his feet protesting that it had been very difficult to get his opponent to answer discovery, whereupon followed carping rejoinders from both sides.

(continued on next page)

Historical Editorial | After listening to the unseemly presentations for a few minutes, Judge Morton broke in to tell counsel to please remain in the courtroom while he stepped out for a moment.

He returned to the bench carrying a huge ring-notebook, which he thumbed through in silence for a few minutes. Finally, he looked up and announced to a stunned audience that it was clear that the parties had not completed discovery as was their duty, and therefore, the case was continued until his next large open slot, about a year off. He told the marshal to release the jury venire and left the courtroom. After a moment of stunned silence, McLemore heard one lead attorney turn to his local counsel and say, “I can’t believe your judge just did that.” Local counsel stopped packing his bag, stared straight at counsel, and replied: “How many times did I tell you not to #@$%*! this judge.”

Another characteristic recalled by almost all attorneys who practiced in Judge Morton’s Court was his disgust with lying under oath. Former federal prosecutors Joe Brown and Hal Hardin both recall that Judge Morton frequently ordered them to come to his courtroom to listen to testimony that he suspected was untrue. Tom White recalls fondly that during his cross-examination of a party who had changed his trial testimony from his deposition, Judge Morton sent out the jury for recess and told White to ask the witness a “haymaker” when court reconvened.

Joe Brown, who often appeared before Judge Morton as United States Attorney, notes that Judge Morton had a penchant for asking his own questions of witnesses. Judge Brown suspects Judge Morton realized the

Remembering L. Clure Morton (continued from previous page)

hazards of his tendency, because hidden behind his bench rail was a sign: “KYDMS,” i.e., “Keep your damn mouth shut.” Brown remembers when Judge Morton was carrying on his own examination, he asked to approach the bench and pointed to the sign. Judge Morton smiled and asked: “Think I’m asking too many questions?” Brown responded: “I did have a few I would like to ask.” Judge Morton didn’t ask any more questions…at least, for a while.

The late Charlie Ray used to tell a story about seeing Judge Morton in the hall after being roughly treated by the Court. As he walked by, Judge Morton commented with a smile: “I hope I wasn’t too rough on you guys in there.”

Ray famously replied: “Don’t worry, your Honor, we have more ass than you have teeth.” Judge Morton could not restrain himself from laughing.

It is a little known fact that Judge Morton instituted the Federal Public Defender’s office in the Middle District.

He became aware that too many defendants were pleading guilty simply because they could not afford an attorney, and he appointed Bill Farmer as the first federal public defender. While Judge Morton was a “law and order” advocate, he had no excuses for law enforcement when they did not follow the law. George Paine recounts a civil case where overzealous Metro police had shot a brothel owner when there was little or no reason for the shooting. Judge Morton heard the proof and entered a scathing opinion, entitled “Shoot Out at the OK Motel,” awarding the plaintiff damages for violation of his “right not to be shot.”

Many younger attorneys may not realize that Morton’s 25 years of ser-

vice on the United States District Court bench caused him much grief and personal sacrifice. Shortly after being appointed to the bench in 1970, he was assigned the Nashville Public School desegregation case. While he personally was no fan of school busing, he followed the law laid down by the Supreme Court and ordered sweeping integration changes in the school system. The ruling caused considerable outcry and upheaval in the Nashville community. As I later learned, he and his wife received copious hate mail and were generally shunned by “polite” society because of his ruling. He never complained about this, but senior partners in my firm, confided that the public reaction caused him considerable pain and isolation. In the later years of his tenure, he moved to Cookeville, Tennessee, where he held court until his retirement at age 80 in 1996. He passed away in April of 1998.

Judge L. Clure Morton was not just a distinguished jurist, he was also a great teacher for young lawyers. While he was strict, he was also compassionate. He was driven by a passion for high standards in legal practice, and his legacy continues to be honored to this day in our local federal courts. n GARETH ADEN has a broad range of trial experience developed from over four decades of practice. Gareth has tried multi-week cases in state and federal courts in Tennessee and throughout the Southeast.

He has successfully represented clients from a broad range of industries, including railroad and transportation, insurance, real estate and construction, among many others.

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2017 Winter Photo Roundup NBA Diversity Committee 1L Job Fair Reception at Waller

NBA President’s Reception at Bradley

NBA CLE | Advice on Consent: The Role of Magistrate Judges in the Middle District of Tennessee Trivia Night Happy Hour | The Bone McAllester Norton Team

Hal Hardin | 2017 David Rutherford Award Winner

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NASHVILLE BAR JOURNAL | APR/MAY 2017

Nashville Bar Foundation 2017 Class of Fellows On March 11, 2017—at the Vanderbilt Loews Hotel—32 local attorneys were accepted into the Nashville Bar Foundation 2017 Class of Fellows. To view photos from the evening’s festivities, visit NashvilleBar.org/PhotoGallery.

Congratulations to Ramona P. DeSalvo on her nomination into the Nashville Bar Foundation 2017 Class of Fellows!

1720 West End Ave, Ste 403 | Nashville, TN 37203 615-600-4741 | DeSalvoNashville.com

Congratulations to Mr. Stranch for his appointment as a Fellow to the Nashville Bar Foundation. It is great to see Gerard being recognized for his hard work and dedication to the local legal community.

223 Rosa L. Parks Ave, Ste 200 | Nashville, TN 37203 615-254-8801 | BSJfirm.com

Congratulations to Sean J. Martin on his nomination into the Nashville Bar Foundation 2017 Class of Fellows!

Sarah Cannon congratulates Denise P. Jones for her recent acceptance as a Fellow to the Nashville Bar Foundation. sarahcannon.com

Martin Heller Potempa & Sheppard, PLLC 2122 21st Ave, S | Nashville, TN 37212 615-800-7096 | MHPSlaw.com

Belmont University College of Law congratulates Dr. Tracey Carter on becoming a Nashville Bar Foundation Fellow!

Tracey Carter, Ed.D., J.D., M.P.A. Assistant Professor of Law and Director of Academic Success Belmont.edu/law

Denise P. Jones

AVP, Legal Counsel Sarah Cannon

FPWL congratulates William H. Lassiter, Jr. and 2/20/17 Jonathan P. Farmer for their recent acceptance as Fellows to the Nashville Bar Foundation.

17SCZ018 - Fellows Ad-r2.indd 4

12:18 PM

150 4th Ave N, Ste 1820 | Nashville, TN 37219 615-810-8777 | FPWLlegal.com

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Welcome New Members!

Congratulations on your new membership! Thank you for joining the NBA and all that it has to offer. We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org for questions or general information.

NEW MEMBERS (JAN 1 - FEB 28)

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Garron P. Amos

Spencer Hasler

Penny Sanders

Yvette Arledge

Kathryn Held

Vicki Scruggs

Derric J. Augusta

Kimberly S. Hodde

Natalie Rowan Sharp

Mark E. Blankenship, Jr.

Matthew D. Janssen

Cynthia A. Sherwood

Blake Bratcher

Matthew Johnson

Deborah Smith

Margaret Ann Brooke

Samuel D. Keen

Ross V. Smith

John Eric Butler

Adelina S. Keenan

Judith S. Spencer

Matt Byron

Aaron R. Klein

David Hysom Suggs

Maria Q. Campbell

Bryant Kroll

Michael Charles Tackeff

Kathy Chambers

Robert Laser

Dwight Tarwater

Mark Chen

Susan McDonald

Jonathan Thomaston

Amy Cavender Cho

Mitchell Miller

J. Mark Tipps

Gloria Crawford

Joseph L. Morrissey, Jr.

Carey Turner

Sadie R. Davis

Paul W. Moser

Cayley Turrin

Andrew C. Doscher

Laurie Musselwhite

Niraj B. Vanmali

Bart Durham

P. Danielle Nellis

Sarah Vivet

Julie-Karel Elkin

Courtney Orr

Ashley Waddle

John J. Faldetta, Jr.

Kelsie Marie Overton

Richard E. Wall

David W. Garrison

Lauren M. Poole

Karla Weber

Jordan K. Gibson

Cathy Rhame

LoriBeth G. Perry Westbrook

Suzanne Gordon

James Risener

Michael A. Womack

Nate Gorman

W. Scott Rosenberg

Lawrence B. Hammet, II

Keaton Rye

NASHVILLE BAR JOURNAL | APR/ MAY 2017

Editorial |

Noel Bagwell

Liberty’s Surest Guardian

The 14th Amendment & Economic Liberty The most frequently litigated and commonly cited phrase in the 14th Amendment is the very last part of Section 1: “the equal protection of the laws.” What that means and how far it goes to protect Americans’ liberties has been the subject of contentious litigation for decades. But what does it mean for economic liberty?

Time and time again, lawyers have turned to the “equal protection” clause to establish the rights of Americans, because, ostensibly, we are a nation of laws, not a nation ruled by the whims of the ruling party or the president. Brown v. Board of Education focused on this phrase in connection with the issue of racial discrimination. Roe v. Wade focused on this phrase in connection with the issue of abortion. Bush v. Gore focused on this phrase in connection with election recounts. Reed v. Reed focused on the phrase in connection with gender discrimination. University of California v. Bakke focused on the phrase in connection with racial quotas in education.

Recently, the issue of whether the 14th Amendment protects economic liberty has become the subject of debate among Constitutional Law scholars and Economic Analysis of Law wonks.

On one side, you have libertarian historians, such as Da

mon Root, author of Overruled: The Long War for Control of the U.S. Supreme Court, and law professors, such as Randy E. Barnett, author of Restoring the Lost Constitution, arguing that the 14th Amendment protects economic liberties.1 2 3 On the other side, professors such as Kurt Lash, argue that the 14th Amendment does not justify judicial enforcement of unenumerated rights, including unenumerated economic rights.4 5 6 However, this view directly contradicts the words of Congressman John Bingham, the author of the Privileges or Immunities clause. As Bingham told the House of Representatives, The provisions of the Constitution guaranteeing rights, privileges, and immunities to citizens of the United States . . . include the constitutional liberty . . . to work in an honest calling and contribute by your toil in some sort to the support of your self, to the support of your fellowmen, and to be secure in the enjoyment of the fruits of your toil.7 Constitutional scholars are never likely to agree because they start from different places—construction methodology. If (continued on page 26)

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Editorial |

Liberty’s Surest Guardian (continued from page 25)

one is a Progressive, who believes the Constitution is a living document with a meaning that changes over time, he will reach a different conclusion than will be reached by an Original Meaning Originalist, who believes that the meaning of the Constitution is fixed and that the plain meaning of the words when they were written should govern.

It’s unlikely I will persuade you to be an Originalist in this article. I haven’t the space. Consider, however, the public policy reasons for interpreting the 14th Amendment in a way consistent with the protection of economic liberties.

Both individual persons and societies as a whole are more prosperous when they are free, when markets are free, and when transactions are voluntary. A free market allows prices to do their job, which is to “direct businesses toward productive activities that increase the value of resources.”8 As any decent economist will tell you, “the ‘invisible hand’ of market prices directs buyers and sellers toward activities that promote the general welfare.”9 Today, in many cases, the invisible hand is chained to a wall of bureaucracy called the Administrative State. The guiding principle for government action is no longer the preservation of liberty and property. Instead, American federalism is now dominated by utilitarianism without regard for the unintended consequences of government action with respect to separation of powers. Equally disregarded are the Constitutional limitations that emerge from the 5th, 9th, 10th, and 14th Amendments when read together using an Original Meaning Originalist approach to construction.

Our judiciary has forgotten that liberty and property are inseparable.

30

Ours is a Constitution in dire need of restoration. If we do not restore our lost constitution by returning to an Original Meaning Originalist interpretation, economic liberty will continue to erode in the name of laws and regulations that ostensibly protect the public from unscrupulous capitalist predators, but which really are the long fangs of cronyism that ceaselessly pump their poison of corruption into our government and economy.

The best reading of the Constitution will favor the protection of economic liberty by the 5th, 9th, 10th, and 14th Amendments. Furthermore, the best scholarly analysis supports this conclusion. Finally, remember George Washington’s words: For the efficient management of your common interests in a country so extensive as ours, a government of as much vigor as is consistent with the perfect security of liberty is indispensable. Liberty itself will find in such a government, with its powers properly distributed and adjusted, its surest guardian.10 Our founding fathers bestowed upon their heirs and successors a Republic, but we have not been able to keep its essence. We can, however, restore it, unless we continue to allow our liberties to erode by ignoring their protections in our Constitution. n Endnotes 1 Paul Larkin, Jr., ed., Economic Liberty and the Constitution: An Introduction, The Heritage Foundation Special Report No. 157, at 1-12 (2014), available at Heritage.org/the-constitution/report/ economic-liberty-and-the-constitution-introduction.

2 Damon Root, Yes, the 14th Amendment Protects Economic Liberty, Reason.com (July 13,

NASHVILLE BAR JOURNAL | APR/MAY 2017

2015), Reason.com/blog/2015/07/13/yes-the-14thamendment-protects-economic.

3 Damon Root, Why the 14th Amendment Protects Economic Liberty, Reason.com (July 16, 2015), Reason.com/blog/2015/07/16/why-the14th-amendment-protects-the-unen.

4 Kurt T. Lash, Fighting Federalism: Damon Root’s Overruled (Part One), Library of Law and Liberty (July 9, 2015), LibertyLawSite.org/2015/07/09/ fighting-federalism-damon-roots-overruled-part-one.

5 Kurt T. Lash, A Tale of Two Clauses: Damon Root’s Overruled (Part Two), Library of Law and Liberty (Jan. 10, 2015), LibertyLawSite.org/2015/07/09/fighting-federalism-damon-roots-overruled-part-one.

6 Kurt T. Lash, Root Digs a Deeper Hole: The Equal Protection of Economic Privileges and Immunities, Library of Law and Liberty (July 14, 2015), LibertyLawSite.org/2015/07/15/root-digsa-deeper-hole-the-equal-protection-of-economic-privileges-and-immunities.

7

Root, supra note 3.

8 James D. Gwartney et al., Common Sense Economics: What Everyone Should Know About Wealth and Prosperity (3d ed. St. Martin’s Press 2016).

9

Id.

10 George Washington, Farewell Address (Sept.

17, 1796) (emphasis added), available at OurDocuments.gov/doc.php?flash=false&doc=15.

Attorney NOEL BAGWELL is President and Chief Legal Counsel of Executive Legal Professionals, an innovative business law firm that provides business legal services and strategic legal counsel to business leadership. A graduate of Cumberland School of Law at Samford University in Birmingham, Alabama, Noel also serves as the Start-ups & Small Business Aspect of Practice Leader for the National Center for Preventive Law. He enjoys giving back to the community by speaking to veteran’s groups, such as the SBA’s Boots to Business workshop at Ft. Campbell, Kentucky, about business formation legal issues.

The Affinity Program EXCLUSIVE MEMBER SAVINGS ON LOCAL PRODUCTS AND SERVICES

The Affinity Program is a partnership between the NBA and local businesses that fosters a mutually beneficial relationship between the NBA, its members, and participating local businesses. In order to take advantage of these member benefits and to see individual discount information, login to NashvilleBar.org/AffinityProgram and show the business the Affinity Program members-only page.

For details on how to become an Affinity Partner, email NBA_Membership@nashvillebar.org. n

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Premier Members The NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to NBA programs and services. Contact Vicki.Shoulders@nashvillebar.org for information on how to become a Premier Member.

2017 PREMIER MEMBERS

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Gail Vaughn Ashworth

Trey Harwell

Sara Reynolds

Heidi Barcus

Lisa Helton

Nathan H. Ridley

Mark Beveridge

Paul Housch

George Rowlett

Hon. Joe Binkley, Jr.

Margaret Huff

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Jonathan Bobbit

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Charles Bone

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Jordan Keller

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Hon. William Koch, Jr.

Joycelyn Stevenson

Kay Caudle

Irwin Kuhn

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Ed Lanquist, Jr.

James Stranch, III

William Cheek, III

Andrew Laufman

James Stranch, IV

John Clemmons

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Larry Williams

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Mattison Painter

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Rose Palermo

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Hon. Marian Harrison

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NASHVILLE BAR JOURNAL | APR/MAY 2017

Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. Members will be listed on NashvilleBar. org/100%Club, in the Nashville Bar Journal, and in our annual Attorney Directory. To become part of NBA’s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

Aaron | Sanders, PLLC (3)

Holton & Mayberry, PC (4)

Patterson Intellectual

Baker Donelson (111)

Keller, Turner, Ruth,

Property Law, PC (17)

Bone McAllester Norton, PLLC (33)

Andrews & Ghanem, PLLC (6)

Raybin & Weissman, PC (6)

Branstetter, Stranch

Larry R. Williams, PLLC (3)

Reid Leitner Law Group, PLLC (3)

& Jennings, PLLC (15)

Law Offices of John Day, PC (6)

Reno & Cavanaugh, PLLC (8)

Brewer, Krause, Brooks

Leader, Bulso & Nolan, PLC (6)

Riggs Davie, PLC (4)

& Chastain, PLLC (12)

Legal Aid Society of Middle TN (12)

Riley, Warnock & Jacobson, PLC (18)

Buffaloe & Vallejo, PLC (4)

Leitner, Williams,

Robinson, Reagan & Young, PLLC (4)

Burr & Forman, LLP (24)

Dooley & Napolitan, PLLC (10)

Rothschild & Ausbrooks, PLLC (3)

Butler Snow (58)

Levine, Orr & Geracioti, PLLC (6)

Rudy Winstead Turner, PLLC (3)

Cole Law Group, PC (3)

Lewis Thomason (28)

Shackelford, Bowen,

Cornelius & Collins, LLP (17)

Lieff, Cabraser, Heimann

McKinley & Norton, LLP (7)

Dickinson Wright, PLLC (30)

& Bernstein, LLP (4)

Sherrard Roe

Dobbins, Venick, Kuhn

Littler Mendelson, PC (8)

Voigt & Harbison, PLC (35)

& Byassee, PLLC (3)

Loeb & Loeb, LLP (5)

Sims|Funk (3)

Dodson Parker Behm

Martin Heller Potempa

Smythe Huff & Hayden, PC (4)

& Capparella, PC (10)

& Sheppard, PLLC (6)

Spicer Rudstrom, PLLC (13)

Evans, Jones & Reynolds, PC (6)

McAngus Goudelock & Courie, LLC (7)

Stites & Harbison, PLLC (31)

FordHarrison LLP (3)

MTR Family Law, PLLC (5)

Taylor, Pigue,

Frost Brown Todd, LLC (27)

Nashville Electric Service (4)

Marchetti, & Blair, PLLC (7)

Grissim & Hodges (3)

Neal & Harwell, PLC (31)

Trauger & Tuke (5)

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Healthcare Realty Trust, Inc. (3)

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33

Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS Mike Abelow and David P. Cañas have been elected to MidSouth Commercial Law Institute’s Board of Directors.

Abelow is a Member at Sherrard Roe Voigt & Harbison, PLC. Cañas is a commercial litigator at Thompson Burton, PLLC. Joel R. Buckberg, a shareholder at Baker Donelson, was recognized in BTI Consulting Group’s 2017 Client Service All-Stars list by a leading hospitality company in the area of commercial transactions.

Buckberg counsels clients on business transactions and operations and serves as chair of the Firm’s Commercial Transactions & Business Counseling Practice Group and as co-chair of the Firm’s Hospitality Industry Service Team.

Charles K. Grant, a shareholder at Baker Donelson and a member of the Firm’s board of directors, has been named a recipient of the Napier-Looby Bar Foundation’s 2017 J.C. Napier Trailblazer Award in recognition of his outstanding professional achievement, dedication to the legal profession, and commitment to the organized bar.

Grant is a past president and former

34

member of the board of directors of the Napier-Looby Bar Association. He also served as president of the Nashville Bar Association in 2014.

Tonya Mitchem Grindon, a shareholder at Baker Donelson, has been elected to her second term as a member of the Firm’s board of directors. Grindon concentrates her practice on securities and corporate finance, corporate governance, and business transactions. She has significant experience representing companies in public offerings and private placements of both debt and equity securities and is also experienced in the representation of private funds, including planning and structuring strategies for funds in day-to-day operations.

John Kitch, Of Counsel at the law firm of Cornelius & Collins, LLP, has been elected a Fellow of the Tennessee Bar Foundation, an association of 841 attorneys across the state.

Robert A. Peal has been selected as a Fellow for the 2017 Leadership Council on Legal Diversity.

Peal is a member at Neal & Harwell, PLC, where he focuses on complex litigation for criminal defense and civil trials.

Robert Pope, Jr. was elected as a Regent of the American College of Tax Counsel. The College is a professional association of tax attorneys with mem-

NASHVILLE BAR JOURNAL | APR/MAY 2017

bership limited to 700 tax attorneys across the United States.

Pope is a Member of White & Reasor, PLC. Todd Presnell, a partner at Bradley, has been accepted as a member of the invitation-only American Board of Trial Advocates―a national association of experienced trial lawyers and judges dedicated to the preservation and promotion of the right to civil jury trial provided by the Seventh Amendment of the U.S. Constitution.

The British Ambassador to the United States, Sir Kim Darroch, appointed John M. Scannapieco, Baker Donelson, to serve as Honorary Consul from Great Britain and Northern Ireland. In this role, Scannapieco will promote trade and investment in the U.K. and assist British companies and individuals conducting business in the U.S. While based in Tennessee, he also will provide support to the British Embassy in Washington, D.C. and the British Consulate in Atlanta, Georgia.

Joycelyn Stevenson, a shareholder at Littler Mendelson, PC, has been named a recipient of the Napier-Looby Bar Foundation’s 2017 J.C. Napier Trailblazer Award in recognition

of her outstanding professional achievement, dedication to the legal profession, and commitment to the organized bar.

Stevenson served as president of the Nashville Bar Association in 2016.

Thor Y. Urness, a partner at Bradley, has been elected as a Fellow of the Tennessee Bar Foundation.

Urness practices complex business and intellectual property litigation and related counseling, representing businesses and individuals in disputes in Tennessee and other states.

Phillip P. Welty has been named a Managing Partner at Gullett Sanford Robinson & Martin, PPLC. Welty has practiced litigation with the firm since 1999.

Kurt Winstead, a founding member of Rudy Winstead Turner, PLLC, has been promoted to Brigadier General in the Tennessee National Guard. He began his career with the National Guard in 1990 when he direct commissioned as a lieutenant in the Judge Advocate General Corp. Throughout his more than 26 years of service, Brig.

Gen. Winstead has served with distinction in numerous assignments culminating as the Senior Staff Judge Advocate at the Joint Force Headquarters in Nashville. He was awarded the Meritorious Service Medal for his instrumental role in forming a consolidated legal office during his deployment in Operation Iraqi Freedom III. As Brigadier General, he serves as the Director of the Joint Staff, Tennessee National Guard in Nashville, presiding over the National Guard Staff representing both Army and Air capabilities, requirements, policy, plans, and programs in joint operations.

ON THE MOVE Christopher M. Bellamy has joined law firm Neal & Harwell, PLC, as an associate where he will concentrate his practice on civil litigation. Previously Bellamy served as Assistant District Attorney in the19th Judicial District and as Assistant General Counsel at the Tennessee Department of Commerce and Insurance. Bellamy is a member of the Nashville Bar Association, the Nashville Bar Association Leadership Forum, the Belmont University College of Law Inn of Court, and serves as the 2017 President of the Napier-Looby Bar Association. He also serves on the Board of Directors of the Legal Aid Society.

Sadie Ramsey Davis has joined MTR Family Law, PLLC. Davis previously served as a paralegal for the firm prior to earning her J.D. at Nashville School of Law. She holds a Master of Arts in History of Decorative Arts & Design from the Parsons School of Design and the Cooper Hewitt, Smithsonian Design Museum, and a B.A. from the University of Mississippi. Davis is a member of the Nashville Bar Association, the Tennessee Bar Association, and the Lawyers Association for Women.

Kevin M. Doherty has joined Dickinson Wright, PLLC, as a Member. Doherty’s practice focuses on insurance regulatory law, with particular emphasis on captives, risk retention groups, self-insurance funds, and other alternative insurance vehicles. Doherty also handles insurance transactions and practices entertainment law representing recording artists, publishers, songwriters, and music-related companies in connection with music industry agreements and transactions.

Alex Fardon has joined Riley Warnock & Jacobson, PLC. With decades of experience in complex, high-stakes dispute resolution, his practice will continue to focus on commercial litigation. Fardon was previously a shareholder and head of the Litigation Practice Group at H3GM. He has been recognized by the Nashville Business Journal, and is a winner of the Tennessee Bar Association’s Justice Joseph W. Henry Award for Outstanding Legal Writing.

Callie K. Hinson has joined Leitner, Williams, Dooley & Napolitan, PLLC, in their Nashville office.

Hinson’s practice focuses on family law and general civil defense litigation. She graduated magna cum laude from the University of Tennessee and received her Doctor of Jurisprudence degree from Belmont University College of Law. While in law school, Hinson served as an officer for the Student Bar Association and was recognized for her pro bono work by the Tennessee Supreme Court and the Access to Justice Commission.

Julie-Karel Elkin, former CEO and general counsel of national dance clubs, has returned to Spicer Rudstrom, PLLC’s Nashville Office. Elkin was named partner in 2001. She lead the firm’s new health data practice group, focusing health data needs for businesses of all sizes, as well as on negligence and regulatory claims, torts, contract disputes, mediation and administrative processes. (continued on page 36)

APR/MAY 2017 | NASHVILLE BAR JOURNAL

35

Classifieds

(Hearsay, continued from page 35)

Mark W. Lenihan has joined SIMS |FUNK, PLC as an associate with the boutique litigation firm. Lenihan comes to the Firm after spending three years in the Chicago office of the global law firm Winston & Strawn, LLP. With experience representing clients in complex commercial matters, including class action defense, business torts, breach of contract, antitrust, healthcare, and regulatory investigations, his practice will continue to focus on commercial litigation. Lenihan graduated with honors from Rockhurst University and summa cum laude from DePaul University College of Law.

O FFI C E S PA C E Downtown BEAUTIFUL LAW OFFICE SPACE FOR RENT! Half block from courthouse, 210 3rd Ave N, 1st floor lawyer’s office building. 2,354 square feet, furnished or unfurnished, includes three or more individual offices, conference room, kitchen, secretarial stations, $19.75 per square foot. Call or text Larry for photos at 615-579-8988.

Downtown Window office for rent in five attorney office/suite, Bank of America

FIRM NEWS

Building, 9th floor. Includes recep-

Brett Carter and Brian Shelton, formerly partners at the Bradley Nashville office, have formed a tax boutique law firm, Carter Shelton, PLC. The firm will focus on representing business and individual clients on issues involving all tax matters, including state and local tax, as well as estate and succession planning.

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tion and several other amenities. ask for Jodie Bell or Lindsey Waller.

Downtown The NBA has two window offices available for rent in the One Nashville Place building downtown. Walking distance to courthouses, conference space upon availability, direct phone line, community kitchen, reception area access, furnished or unfurnished.

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The Nashville Bar Association offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville.

We have a spacious Conference Center and a smaller Board Room—both of which have free Wi-Fi access, phone, and video-conferencing—available for your use. For more information, contact Vicki.Shoulders@nashvillebar.org or visit NashvilleBar. org/ReserveOurFacilities.

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