Nashville Bar Journal | June/July 2022

JUNE/JULY 2022 | VOLUME 22 | NO. 3

FEATURE

Power of “We the People”: Amending the U.S. Constitution Under Article V ALSO

Tennessee’s New Districts Are Here to Stay The Issue on the Table: The Electoral College Pieces of Desegregation Plaque Donated to Fisk University Civic Education & the Exclusion in “We the People” 2022 Law Day Recap

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FE ATU R E

Power of “We the People”: Amending the U.S. Constitution Under Article V

JUNE/JULY 2022 | VOLUME 22 | NO. 3

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by Ramona P. DeSalvo

DEPA R TM E N TS

From the President Martesha L. Johnson

Calendar of Events Hear Ye, Hear Ye

Family Zoo Day Leadership Forum Grads Carbolic Smoke Ball Events At-A-Glance

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Tennessee’s New Districts Are Here to Stay

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The Issue on the Table: The Electoral College

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Lauren D. Rota

Summer Melton

Pieces of Desegregation Plaque Donated to Fisk University Elizabeth Howe & Deborah Varallo

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Civic Education & the Exclusion in “We the People” Sophie Li, 11th Grader at Hume-Fogg

2022 Law Day Recap 24 Bill 15 Ramsey

CLE Schedule

barBITES

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Hearsay

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100% Club

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C OLU MNS

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Background Check

Bart Pickett

Gadget of the Month

Bill Ramsey & Phillip Hampton

Capitol Notes

Peggy Sue, the Beagle Hound JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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FROM THE PRESIDENT

June/July 2022 | Martesha L. Johnson MARTESHA L. JOHNSON, Publisher WILLIAM T. RAMSEY, Editor-in-Chief CAROLINE SAPP, Managing Editor LAUREN POOLE, Managing Editor ADRIENNE BENNETT CLUFF, Layout/Design/ Production

EDITORIAL COMMITTEE RAMONA DESALVO TIM ISHII KELLY FREY SUMMER MELTON ROB MARTIN BART PICKETT KATLIN RYAN 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 1350, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1350, 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 Adrienne.BennettCluff@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content.

NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1350 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. Our mission is to improve the practice of law through education, service, and fellowship. The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

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This year’s Law Day theme, “Toward a More Perfect Union: The Constitution in Times of Change,” has provided me an opportunity to reflect on why I became a lawyer. During my junior year at Tennessee State University, I decided to make a courageous leap and apply for law school. The idea of going to law school was foreign to me. I didn’t grow up with a lawyer in my family or direct influence by a lawyer in my community, but I have always had the fire to fight for what’s right.

My desire to walk the halls in places where my ancestors weren’t allowed has been a guiding force in my journey along with my passion to sound the alarm against injustice and be a change maker in my community. My legal career was inspired by the lawyers of the civil rights movement using their passion and skill to argue for desegregation and an end to Jim Crow. I am now blessed to be professionally fulfilled by my work defending the Constitutional rights of those experiencing poverty in the criminal legal system.

As I have mentioned in my previous columns, lawyers have a great responsibility.

In choosing this profession, we have committed ourselves to be on the frontlines of moving this nation “toward a more perfect union.” What exactly does a more perfect union look like? I believe it begins with an acknowledgement that things have not ever been, are not now, and will likely never be perfect. Sure, we have made strides as a nation but, as evidenced by use of the word “more,” even the drafters of the Constitution realized that the work for progress must be continual. For some, it is easy to feel hopelessness and despair about the times we live in. We watched the January 6th attack on our Nation. We live in a time of confusion, misinformation, unrest and division.

Civility has been lost among some of our leaders and has even been eroded in our profession. As lawyers we are crucially situated to step up in changing times. As I have reflected on what a more perfect union means to me, it boils down to having a nation that is fair, representative, and constantly evolving to be more just for all. We must be advocates for a nation that exists without favoritism or discrimination. One that doesn’t functionally leave any person or group left behind. As a profession, we must value and promote diversity, inclusion, and representation in all branches of government. We can not remain idle or silent in our pursuit of a just world for all. In fact, our oath requires our action.

In speaking to an audience in Seattle, Washington about the American Dream, Dr. Martin Luther King, Jr. is reported to have said, “There is a strange illusion that time will solve problems. Time waits for no man. The time is always ripe to do right.”

Colleagues, in the fight for justice, we are the catalysts for change. The time is now for us to emerge as examples of leadership during these changing times.

In Solidarity,

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

NashvilleBar.org Calendar of Events | Full calendar online at NashvilleBar.org

JUNE 2022 M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY

Diversity Committee 12:00pm

NBA High School Intern Orientation 3:00pm

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

Historical Committee 11:30am YLD Board Mtg 12:00pm

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7 LAW Board Meeting 11:30pm Past President’s Lunch 12:00pm | Nashville City Club

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M O N D AY

8 New Member Biscuit Breakfast 8:00am

14 Ethics Committee 12:00pm Environmental Committee Happy Hour 4:30pm | Losers Bar & Grill

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JULY 2022

Diversity Committee Pride Happy Hour 5:00pm | Noble’s

T U E S D AY

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

W E D N E S D AY

T H U R S D AY

F R I D AY

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

INDEPENDENCE DAY Holiday | NBA Office Closed

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NBA Historical Committee 11:30am YLD Board Mtg 12:00pm

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NBA Finance & Executive Committees 4:00pm

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JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL Hear Ye, Hear Ye | Events of Interest Journal NBA Family Zoo Day Gather with your lawyer friends and their famiJournal lies on Saturday, June 11, for our Family Zoo Day at

2022 NBA BOARD OF DIRECTORS MARTESHA L. JOHNSON, President GULAM ZADE, President-Elect

HON. MELISSA BLACKBURN, First Vice President LIZ SITGREAVES, Second Vice President CHARITY WILLIAMS, Secretary FLYNNE DOWDY, Treasurer GIL SCHUETTE, Assistant Treasurer LELA M. HOLLABAUGH, General Counsel JEREMY OLIVER, YLD President MIKE ABELOW, Immediate Past President LORA FOX, First Vice President-Elect MARLENE MOSES, Second Vice President-Elect BAHAR AZHDARI CHRISTEN BLACKBURN JAZ BOON ERIN COLEMAN RAQUEL EVE OLUYEMO SAM FELKER MANDY FLOYD ELIZABETH FOY MARY TAYLOR GALLAGHER JEFF GIBSON PAZ HAYNES JOSEPH HUBBARD KIM LOONEY JUNAID ODUBEKO KAYA GRACE PORTER MARIE SCOTT TIM WARNOCK LUTHER WRIGHT

NBA TEAM MONICA MACKIE, Executive Director CAMERON ADKINS, CLE Director ADRIENNE BENNETT CLUFF, Marketing & Communications Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator SUSAN JENCZYK, Finance Coordinator VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN ARTICLE? We want to hear about the topics and issues you think should be covered in the journal. Send your ideas to Adrienne.BennettCluff@nashvillebar.org.

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the Nashville Zoo. Upon arrival, visit the NBA table between 10:00am and 12:00pm to pick up your tickets and complimentary treats. Thank you to sponsors K&L Gates and Nashville Electric Service.

Need Tickets? Email Traci.Hollandsworth@Nashvillebar.org, and let her know how many FREE tickets you need and they will be ready and waiting for you at the NBA table when you arrive. Limit four tickets per NBA member.

Already have tickets or passes? Come by the NBA table to say hello and pick up snacks and goodies on your way into the zoo! Visit NashvilleBar.org/Zoo for more information. n

2022 Leadership Forum Graduation

In 2014, the Nashville Bar Foundation (NBF) established the NBF Leadership Forum—a local leadership program for lawyers with three to eight years of experience—designed to bring together emerging leaders who participate in monthly workshops for nine months to help them realize their potential and to benefit the legal profession and our local community.

On May 6, at the NBA Office, the 2022 Nashville Bar Foundation Leadership Forum Class graduated. If you know any class members listed below, please take a moment and share your regards. Congratulations to all participants on your hard work—we know it will pay off!

Anthony Adewumi Talor Bearman Rachel Bishop Margaret Brooke Antonio Carroll Casey Duhart Eric Evans Kimberly Faye Katharine Fischman Hannah Kay Freeman Elizabeth Greer

Jay Harbison Michael Holder Ross Johnson Ashleigh Karnell Jessica Lim Alex McFall Charles McLaurin Princess Rogers Angela Williams Stella Yarbrough Sunny Yoo

For more information on this program, visit NashvilleBar.org/NBFLeadershipForum. n

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

Welcome to the NBA! Congratulations on your membership—thank you for joining the NBA! We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org with questions or to learn more.

NEW MEMBERS (MARCH 1 - APRIL 30) Hannah Burt

Mary Jocelyn

Jack Byrd

Walker Lewis

Tammy Dotson

Rylie Newell

Satchel Fowler

Chelsea Nicholson

Catherine Hammack-Aviran

Libby Sears

Jay Jackson

Kimberly Veirs

YLD Carbolic Smoke Ball

Carbolic Smoke Ball is the annual cocktail and dance party hosted by the NBA Young Lawyer’s Division.

Named after the infamous case, Carlill v. Carbolic Smoke Ball Co., the evening features music and dancing, heavy hors d’oeuvres, an open bar, and a festive atmosphere. Lawyers, spouses, friends, and families are invited to join and and support the NBA, the YLD, and selected beneficiaries.

This year, the festivities will commence on Friday, August 12, at Clementine, from 7:30pm to 10:30am. To learn more, visit NashvilleBar.org/CarbolicSmokeBall. n

Events At-A-Glance June 4 | Bill Ramsey's "Ode to Otha" Block Party June 11 | Zoo Day June 25 | Pride Parade September 29 | Annual Member Picnic December 8 | Annual Banquet

2022 Nashville Pride Parade

Don your rainbow and join the NBA Diversity Committee as we walk in the 2022 Nashville Pride Parade on Saturday, June 25. Register today at NashvilleBar.org/PrideParade. n

JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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Feature Story | Ramona P. DeSalvo

Power of “We the People”: Amending the U.S. Constitution Under Article V In 2016, Tennessee became the fifth state to pass the Convention of StatesTM (COS) resolution, applying to Congress under Article V of the U.S. Constitution to call a convention of the states to propose amendments to the Constitution.1 The scope of the call in the Tennessee resolution was for a convention to propose amendments to impose fiscal restraints on the federal government, to impose term limits on federal officials and Congress, and to limit the power and jurisdiction of the federal government.2 The nearly identical resolution has now passed in 19 states, with four states passing the COS resolution in 2022.3 Since our country’s founding, many state applications to Congress have been made, calling for an amending convention on a variety of topics, such as equal rights, balanced budget, and term limits. To date, the requisite number of applications on the same topic(s) has not been reached to trigger a call for a convention.

The genesis of states amending the Constitution is grounded in self-governance and individual liberty. Two days before America’s Constitution was signed on September 17, 1787, delegate George Mason of Virginia posited that another way to amend the Constitution was needed in the event Congress became oppressive or abused its power. The delegates unanimously adopted the revision to Article V without debate, adding to Article V the second method reserved to state legislatures, i.e., the people.

Article V permits two ways to amend the Constitution: (1) Congress may propose amendments, and (2) Congress shall call a convention upon the application of two-thirds of the state legislatures (34 states). Amendments proposed by either method require ratification by three-fourths of the states (38 states). The state legislatures may initiate a resolution applying for a convention, without requiring the governor’s signature, initiative, or referendum. As used in Article V, “legislature” means only the state’s representative body rather than state’s full legislative authority.4 A state’s resolution is memorialized in the Congressional Record (see, n.3), and Congress aggregates the applications based on topic(s). Once 34 states apply on the same topic(s), it is mandatory for Congress to call the amendment-proposing conven-

tion.5 Congress also selects the method for ratification whether by state legislature or by state convention.6 Congress has no role in the convention itself other than to designate, pursuant to its incidental powers, the time, place, and subject matter (based on the applications) of the convention.

The convention creates its own rules, committees, and procedures, each state selects its commissioners to attend, and each state has one vote regardless of the number of its commissioners. The process for holding interstate conventions has a long historical record with 41 prior conventions, both before and after U.S. independence,7 including a 2017 Balanced Budget Amendment Planning Convention in Phoenix, Arizona.8 The states select, instruct and control their commissioners, who act as agents of the state. Several states also have faithful commissioner laws that govern their commissioners’ actions, including the power to recall and to impose criminal penalties for failure to follow their commissions.9 The States’ commissioners convene with the purpose of proposing one or more amendments that fall within the scope of the call, with a majority vote of the quorum present being required for any proposed amendment to come out of the convention. The majority vote of those present is based upon parliamentary practice known to the Founders and case law.10 The amendments proposed by the convention are returned to the states for ratification, whether through state legislatures or by state convention.

Congress has amended the U.S. Constitution 27 times. The U.S. Supreme Court effectively amends the Constitution when it creates rights or expands government powers into areas previously reserved to the states under the Tenth Amendment (such as under the General Welfare or Commerce clauses). Should Congress not act to limit its powers or should the U.S. Supreme Court exceed its interpretive authority and make law, the people, through their legislatures, can amend the Constitution.

Based upon the scope of Tennessee’s application set forth in its resolution (also passed by 18 other states), proposed amend(continuedononpage page00) 8) (continued

JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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Feature Story | Power of “We the People”

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ments could include the requirement for the federal government to use Generally Accepted Accounting Principles (GAAP); a single subject per bill in Congress; redefinition of the General Welfare clause, restoring the original intent that the federal government cannot spend money on matters within state purview; redefining the Commerce Clause, restoring the original intent that Congress had limited, exclusive powers to regulate shipments across state lines; and term limits for federal bureaucrats, Congress and the judiciary.

The Founders intentionally set a high bar to amend the U.S. Constitution, requiring 34 states11 with the same purpose to call a convention and 38 states12 to ratify any proposed amendment arising from the convention. Thirteen states may defeat any proposed amendment.

The prescient Founders knew a day would come when the federal government would exceed its limited powers, and without debate, they preserved the right to amend the U.S. Constitution to “We the People” through the states under Article V. n RAMONA P. DESALVO is a member of the DeSalvo Law Firm, focusing her practice on the entertainment industry. DeSalvo represents clients in all aspects of the entertainment industry, including songwriters, producers, independent record labels, recording artists, music educators, music publishers, videographers, photographers, and visual artists, among others.

Endnotes

U.S. Const. art. V; SJR67 S.67, 109th General Assembly (2016) 2 Id., SJR67 3 The states passing similar resolutions occurred in the following order: Georgia, Alaska, Alabama, Florida, Tennessee, Indiana, 1

Or i g i n a l Th i n k i n g.

U n i q ue P r ot e c t ion.®

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(continued from page 7)

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

Alabama, Oklahoma, Indiana, North Dakota, Texas, Missouri, Arkansas, Utah, Mississippi, Wisconsin, Nebraska, West Virginia, and South Carolina. conventionofstates.com; see also, https://clerk.house.gov/SelectedMemorial. Caveat: three of the states passed in 2022 do not yet appear in the record.

4 Ariz. State Legis. v. Ariz. Indep. Redistricting Comm’n, 576 U.S. 787, 807-8 (2015).

5 U.S. Const. Art. V. 6 Id.; Other than the 21st Amendment to repeal prohibition, all amendments have been ratified by state legislatures.

7 Robert G. Natelson, Why the Constitution’s ‘Convention for Proposing Amendments’ is a Convention of States, Policy Brief (Heartland Inst. 2017).

8 Link available at https://www.azleg.gov/ bbapc/.

9 See, e.g., Tenn. Code Ann. § 3-18-101, et seq.; Ind. Code Ann. § 2-8.2-1, et seq.

10 See, e.g., Rhode Island v. Palmer, 253 U. S. 350, 386 (1920); Dyer v. Blair, 390 F.Supp. 1291, 1299-1300, (N.D. Ill., Feb. 20, 1975).

11 The 34 states and 38 states referenced is based upon 50 states; Article V states the requirements in percentages of the states needed (two-thirds and three-fourths, respectively).

12 Id.

Editorial |

Lauren D. Rota

Tennessee’s New Districts Are Here to Stay Tennesseans are preparing for a major change in congressional districting in Davidson County. In February of 2022, Governor Bill Lee signed into law Public Chapter Number 598, amending Tennessee Code Annotated (T.C.A.) Section 3-1-103. The effect? Davidson County will have three congresspersons, which is two more than Davidson County has had for the last 10 years.1 Moreover, the new law eliminates five Democratic incumbents who face re-election in 2022.2 Not surprisingly, the redistricting proposal has drawn criticism from House Democrats, who argue that Republicans have reshaped the lines for political gain.3 Primer on State-Wide Districting Each of Tennessee’s nine U.S. House congresspersons and 132 state legislators are elected from political divisions called districts.4 The districting and population of these districts affects Tennesseans’ representation at the federal and state level. At the federal level, there are 435 seats in the U.S. House of Representatives.5 Each state is allotted a portion of these seats based on the size of its population relative to the other states.6 Consequently, a state may gain seats in the House if its population grows, or a state may lose seats if its population decreases, relative to populations in other states.

As in most states, the power to draw and define Tennessee’s congressional districts rests with the state legislature. Every ten years, following the completion of the U.S. census, states, such as Tennessee, redraw and define district lines.7 This process, however, is not simple; the legislature must abide by a multistep process. First, the Senate and House redistricting committees propose, consider, and evaluate draft maps, including qualified maps submitted by the

public, at hearings in December or January.8 Each committee votes to approve a House, Senate, and Congressional map.9 These committee hearings are open to the public and are also open for public comment.

Second, the committee-approved bills advance to the Public Service Subcommittee and the State Government Committee in the House, and the Judiciary Committee in the Senate.10 These committee hearings are open to the public.

Third, both the Senate and House of Representatives consider the bills containing the House, Senate, and Congressional maps and vote whether to approve or reject the bill.11 Lastly—and assuming the bill has been approved in both legislative bodies—the governor determines whether to sign or veto the bill.12 Principles of Districting and Constitutional Requirements Federal and state-based requirements restrict Congressional redistricting.

To meet federal requirements, the districting must pass muster under Equal Protection Clause of the U.S. Constitution.13 “[T]he Equal Protection Clause [of the United States Constitution] demands no less than substantially equal state legislative representation for all citizens, of all places as well as of all races.”14 In other words, judicial district must not contemplate discrimination against certain of the State’s citizens as this would constitute an impermissible impairment of their constitutionally protected right to vote.15 Tennessee’s state-based standard for allocating legislative representation among its counties is the total number of qualified voters residing in the respective counties, subject only to minor qualifica(continued on page 12)

JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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CAN YOU NAME THESE PEOPLE?

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

APR/MAY GOLDEN OLDIES

Congratulations to Gary Blackburn of Law Offices of W. Gary Blackburn for correctly identifying the individuals in last issue’s photo! From left to right: Ashley Wiltshire, George Paine and Bob Brandt. n

2022 Nashville Bar Foundation Fellows 10

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

BACKGROUND CHECK

Ed Lanquist | Bart Pickett

Born in Crossville, Ed Lanquist lived there until his parents divorced, and he moved with his mother and stepfather to California, South Dakota, and finally Iowa where he graduated from high school. He then moved back to Crossville where he still had family as he was preparing for college. While he originally intended to attend Iowa State, Lanquist changed his mind and ended up at UT Knoxville starting in 1981. While at UT, he majored in civil engineering. Lanquist remembers his stepfather, a lawyer, telling him that since he was good at math that he should get an engineering degree so that patent law would be an option for him if he chose to go to law school.

Following college graduation in 1985, Lanquist did decide to continue on to law school. Since he was already in Knoxville and enjoyed his time there, he started at UT Law. During his second summer in law school, Lanquist worked for a patent firm in Knoxville. He liked the work and intellectual property law made sense to him. By the time graduation rolled around in 1988, Lanquist was ready to move on.

After interviewing with firms all

over, he landed a job with Manier Herod in Nashville. When he started there, he initially did construction law, but one of the firm’s attorneys, Mark Patterson, wanted to develop an intellectual property practice group.

Lanquist quickly joined him in doing IP work in addition to construction work.

Lanquist took and passed the patent bar in 1989. By that time, IP work consumed Lanquist’s entire practice.

By 1992, Patterson and Lanquist realized they were not getting any IP work referrals from other firms. They decided to branch off and start their own firm in hopes of getting said referrals. At that time, the new firm, Waddey Patterson, began. The strictly IP law firm continued to grow from 3 lawyers to the 16 lawyers they have now.

After Waddey’s departure in 2014, the firm became its current iteration of Patterson Intellectual Property Law P.C. One of the principles at Patterson guided by Lanquist’s philosophy is that the practice of law is so good to them that they must give back to the community. As a result, all of Patterson’s lawyers take active roles in nonprofits and volunteering. Lanquist certainly leads by example. He has served on approximately 50 nonprofits during his time in Nashville. He currently serves as the board chair for Hands on Nashville and on the board of New Dialect, a contemporary dance practice. Lanquist focuses on local nonprofits whose mission he believes in as well as organizations that have the potential to grow. He believes in serving on a board but then rotating off within 4-6 years to prevent burnout and to allow new members.

In addition to nonprofits, Lanquist’s other passion is whiskey. With around 2,000 bottles, he believes he has one of the largest private collections of whiskey in Nashville. A caterer once told Lanquist that he has more whiskey than Brad Paisley. This love for whiskey has even led to a recurring NBA CLE taught by Lanquist that goes on the bourbon or the whiskey trail.

In addition to being active on the CLE committee, Lanquist has long been involved in the NBA. He served as president in 2014 at a time when he was also the managing partner at his firm and co-chair of Leadership Nashville. His crowning achievement during his term as president was the hiring of Monica Mackie as executive director, a position she still holds. Lanquist also serves as a Trustee on the Nashville Bar Foundation Board. Most recently, Lanquist has been elected as Vice-President for the TBA, a position that will lead to him being President in 2024-25.

Lanquist lives in the Regency Park neighborhood in Nashville. He has two adult children. His daughter, Lindsey, lives in East Nashville and works as a freelance writer for digital content. His son, Ash, lives in Maryland and works for an education tech company. 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 in litigation throughout Middle Tennessee.

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Editorial |

Tennessee’s New Districts Are Here to Stay (continued from page 9)

tions.16 This state-based standard must be met every 10 years because Article II, Section 4 of the U.S. Constitution requires district lines to be redrawn every 10 years after a U.S. census is taken.17 When drawing the districts, the state legislature must consider the following criteria: (1) contiguity (i.e., the principle that all areas within a district should be physically adjacent) and (2) the preservation of political subdivisions (i.e., the limits of counties, cities, and towns).18 And, of course, that the districts are substantially equal in population in accordance with constitutional requirements for “one person one vote.”

While federal law stipulates that districts have nearly equal populations and not discriminate based on race or ethnicity,19 the reality is that the political party that holds the most seats in the legislature naturally draws the boundaries in a way that will aid that party in its quest to retain control of the state legislature.20 This form of re-districting, also popularly referred to as “gerrymandering,” comes in two forms: “cracking” and “packing.”21 “Cracking” means dividing a party’s supporters among multiple districts so that they fall short of a majority in each one.22 “Packing” means concentrating one party’s backers in a few districts so that the party wins by overwhelming margins.23 Tennessee’s Re-Districting of Davidson County In January 2022, the Tennessee House passed House Bill 1035, in which the state House map was amended to adjust six districts, unpairing incumbents in two districts.24 The companion bill in the Senate—Senate Bill 779—was approved with a 26-5 vote.25 And, on February 6, 2022, Governor Bill Lee signed the bills into law.

Pursuant to T.C.A. § 20-18-101, the

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Tennessee Supreme Court appointed a three-judge panel to hear the recent redistricting issues in April 2022.26 The Tennessee Supreme Court picked two judges, Circuit Court Judge Michael Sharp from East Tennessee and West Tennessee Chancellor Steven Maroney, to accompany Davidson County Chancellor Russel Perkins.

The purpose of this appointment was to ensure that all three Grand Divisions of Tennessee were represented.27 The panel issued an injunction and ordered the Senate to submit a new map to address the numbering issue within 15 days, or the panel would submit its version for use.

Not long thereafter, on April 13, 2022, the Tennessee Supreme Court overturned the temporary injunction blocking a new Senate map, allowing the state to proceed with senatorial elections under districts drawn in Public Chapter Number 598.

What’s Next?

To date, Democrats have criticized the re-districting as unconstitutional, asserting that it divides the counties more than necessary in the House map.28 Regardless of whether or not the Democrats’ criticism is valid, Tennessee is expected to proceed with its elections in November 2022. While it remains to be seen who will be seated in the newly defined districts, it is without question that one party will likely gain seats in the state legislature—while others are squeezed out of office due to change in the districts’ demographics. n LAUREN D. ROTA is an Assistant Attorney General with the Office of the Attorney General for the State of Tennessee. Lauren litigates various tortious claims on behalf of state agencies, departments, and employees.

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

Endnotes

Jon Styf, Tennessee House Passes Redistricting Maps, The Washington Examiner (January 25, 2022).

2 Yue Stella Yu, House Redistricting to Eliminate Five Democratic Incumbents in Urban Tennessee, The Tennesseean (Dec. 17, 2021).

3 Id. 4 Redistricting in Tennessee, Ballotpedia.

5 Id. 6 Id. 7 Tenn. Const. Art II, § 4.

8 Mary Darby, Redistricting 2021-2022 Process Updates, Legislative Updates (Oct. 22, 2021).

9 Id. 10 Id. 11 Id. 12 Id. 13 Redistricting in Tennessee, Ballotpedia.

14 Reynolds v. Sims, 377 U.S. 533, 561–62, 84 S. Ct. 1362, 1381, 12 L. Ed. 2d 506 (1964).

15 Id. 16 Baker v. Carr, 369 U.S. 186, 188–89, 82 S. Ct. 691, 694–95, 7 L. Ed. 2d 663 (1962).

17 Tenn. Const. Art II, § 4. See also Jon Styf, Tennessee House Passes Redistricting Maps, The Washington Examiner (January 25, 2022).

18 Redistricting Systems: A 50-State Overview, National Conference of State Legislatures, (March 29, 2021).

19 Redistricting in Tennessee, Ballotpedia.

20 Gill v. Whitford, 138 S. Ct. 1916, 1919 (2018).

21 Id. 22 Id. 23 Id. at 1924.

24 Tennessee House Passes Redistricting Maps, Jon Styf, The Washington Examiner, The Center Square, January 25, 2022.

25 Redistricting Systems: A 50-State Overview, National Conference of State Legislatures (March 29, 2021).

26 Tenn. Code Ann. § 20-18-101; See also Melissa Brown, Tennessee Supreme Court Reverses Lower Court Order Blocking State’s New Senate Map, The Tennesseean (April 13, 2022).

27 Melissa Brown, Tennessee Supreme Court Reverses Lower Court Order Blocking State’s New Senate Map, The Tennesseean (Apr. 13, 2022).

28 Id. 1

BILL & PHIL’S GADGET OF THE MONTH

Test Drive: Innocn Portable Monitor |

What do you do when you want to travel light with your laptop but still have access to multiple display monitors like you have in the office? You invest in a portable secondary monitor to stash in your laptop bag. That is exactly what we did when we purchased the 15.6” Innocn portable monitor. Innocn is a brand with which we were not previously familiar.

The Innocn monitor is made by a Chinese technology manufacturer; and has a very high-quality OLED Full HD 1080P screen.

We have used the monitor as an extension to our Windows laptop, but it can also be used to connect to a smartphone, MacBook, or tablet.

The 15.6” size of the monitor appears incredibly large, especially when we connect it to a laptop with a smaller screen.

The monitor connects to a laptop or tablet via the included USB-C cable. You can also connect the monitor via the Mini HDMI port. The brightness and quality of the display is excellent.

There was no software to install; the monitor worked as either an extension or a duplication of the laptop desktop screen as soon as it was powered on. No power cable is necessary when the monitor is

Bill Ramsey & Phillip Hampton

connected to the laptop USB-C port.

The use cases for a portable monitor like the Innocn are many. Sometimes we like to work on larger documents, such as a busy Excel spreadsheet or a PowerPoint slide show, using the larger monitor while traveling away from our desktop computer. Other times we simply like to play a movie on the secondary monitor while “working” on something “important,” like Facebook, on our laptop. One of the most convenient uses for the Innocn monitor has been when making a presentation to a small group (2 or 3 people) over a conference table. Instead of dragging along a projector or trying to connect to a TV hanging on the wall, we will simply connect our Innocn monitor to our laptop and place it in front of the individuals we are meeting with. The monitor is large enough to clearly see the presentation we are displaying; but not too big to get in the way of the conversation.

The advertisements for the Innocn monitor tout it as being “light weight,” but we’re sure that is just relative to the weight of a full-scale desktop monitor. When adding the Innocn to our laptop bag, we certainly notice the extra weight in the bag. At just over 4.5 pounds, the monitor actually weighs more than our travel laptop. So, we elect to only bring along the Innocn when we know we need to use it for a presentation or for extended work.

The Innocn monitor also comes with an attached rubber covering that doubles as a protective covering for the display and can be folded underneath the monitor to form a convenient stand to hold the screen upright.

There is really nothing not to like about this secondary monitor (unless you want to get picky about the weight). We most frequently use it when collaborating within a small group while displaying a

spreadsheet, slide presentation, or word processing document. The Innocn secondary monitor is a quality addition to our mobile office equipment.

- Bill & Phil n

VOLUNTEER FOR DIAL-A-LAWYER Dial-A-Lawyer is held the first Tuesday of each month from 6:00 – 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 Traci.Hollandsworth@ nashvillebar.org. Pro Bono credit applies, and a complimentary dinner is provided.

Thank you to our May volunteers!

CHRIS HUGAN TOM LAWLESS To learn more, visit NashvilleBar.org/DialALawyer

JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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Thank You for Your Membership!

The NBA Premier Membership recognizes those 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.

PREMIER MEMBERS

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David Anthony

Aubrey Harwell

David Ridings

Gail Ashworth

Trey Harwell

Nathan Ridley

Laura Baker

Lisa Helton

Christopher Sabis

Daniel Berexa

John Holt

Joseph Shelton

Michael Berman

Lloyd Houk

Kimberly Silvus

Mark Beveridge

Paul Housch

Martin Sir

Joe Binkley

Joseph Hubbard

Elizabeth Sitgreaves

Melissa Blackburn

R. Jan Jennings

Ronald Small

Charles Bone

Andrew Kaufman

Eric Smith

Josh Brand

Jordan Keller

Laura Smith

C. Dewey Branstetter

Christopher Kelly

Saul Solomon

Joe Brown

John Kitch

Kimbra Spann

Kenneth Byrd

William Koch

John Spragens

Christopher Cardwell

Irwin Kuhn

Joycelyn Stevenson

Loy Carney

Edward Lanquist

Michael Stewart

Mark Chalos

Thomas Lawless

Gerard Stranch

William Cheek

Wendy Longmire

James Stranch

Daniel Clayton

Christina Lopez

Meggan Sullivan

Seth Cline

Randal Mashburn

Aleta Trauger

Todd Cole

Sam McAllester

Howard Vogel

Christopher Coleman

Amanda McClendon

Michael Wall

Grover Collins

Carol McCoy

Elizabeth Washko

John Day

Bob Mendes

Jim Weatherly

Joy Day

Margaret Moore

Carolyn Wenzel

Jacqueline Dixon

Patricia Moskal

Thomas White

Marcus Floyd

Phillip Newman

Thomas Wiseman

Keith Frazier

Andrew Noell

Talley Wood

Barry Gammons

Mattison Painter

Edward Yarbrough

David Garrison

David Parsons

Bill Young

Andy Goldstein

Gregory Pease

Stephen Young

John Griffin

Andrea Perry

Gulam Zade

William Harbison

Tracy Powell

Stephen Zralek

Marian Harrison

David Raybin

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

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 DNE S DAY, J UNE 1 5 | LIVE SEMIN A R

FR I D AY, JU N E 17 | LI V E S E MIN A R

SMART SAMPLING

GUN LAW UPDATE

OVERVIEW

OVERVIEW

Produced by the Entertainment, Sports & Media Law Committee Celebrate National African American Music Month with the NBA as we visit the new National Museum of African American Music! During this CLE, attendees will learn more about trends in music sampling and infringement claims, including the Circuit split between the 6th and 9th Circuits, along with best practices for when your client is on either side of a sampling rights dispute.

This CLE will be followed by a guided tour of the museum.

Join us for a gun law update and target shooting at Royal Range. Attorney John Harris will provide an overview of gun laws in Tennessee and discuss Constitutional provisions, terminology in state and federal statutes, and expected legislation for 2022. Afterwards, attendees are invited to the indoor range, where Royal Range will provide a selection of fully automatic capable weapons available for shooting. The NBA will cover costs for the first round (magazine) of target shooting, then attendees will be invited to pay for any additional target shooting.

PRESENTER

PRESENTER

John I. Harris III Schulman, LeRoy & Bennett

Loren Mulraine

D E TA I L S

Belmont College of Law & Spencer Fane Bone McAllester D E TA I L S Seminar ����������������������������������������������������������12:00 – 1:00pm Credit ��������������������������������������������������������������������1.0 General

Seminar ������������������������������������������������������������1:00 – 2:30pm Target Shooting ������������������������������������������������2:30 – 4:00pm Credit ��������������������������������������������������������������������1.5 General Location ��������������������������������������������������������������Royal Range

Location ������������ National Museum of African American Music

COST

COST

NBA Members (Shooting & CLE) �������������������������������������$99

NBA Members �����������������������������������������������������������������$55 Non-Members �������������������������������������������������������������������$99

NBA Members (CLE Only) �������������������������������������������������$69 Non-Members (Shooting & CLE) �������������������������������������$139 Non-Members (CLE Only) �����������������������������������������������$135

JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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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. FRIDAY, JUNE 24 | LIVE SEMINAR

TUESDAY, JUNE 27 | HYBRID SEMINAR

CLE FILM FESTIVAL: MOLLY’S GAME

REDISTRICTING AND THE STATE CONSTITUTION

OVERVIEW

OVERVIEW

Is your friendly Poker game breaking the law? Aaron Sorkin’s recent classic about high stakes poker explores the intersection of gambling, Hollywood, and prosecutorial discretion. Come for the movie, and stay for a presentation about what’s legal in Tennessee, the ethical considerations among prosecutors in charging decisions, and the limits of governmental power when it comes to forfeiture.

PRESENTERS Josh Burgener NBA CLE Committee Chair, Dickinson Wright JD Thomas

Every ten years, the General Assembly must reapportion the Tennessee Senate and House of Representatives. This seminar will focus on how the state and federal Constitutions guide this process, and will provide an update on the redistricting process in Tennessee and in other states.

PRESENTERS David Cameron Smith Columnist for The Tennessean & USA Today Network TN Scott Tift

Former Assistant US Attorney & Current White-Collar Defense Attorney at Waller

Barrett Johnston Martin & Garrison, LLC

D E TA I L S

D E TA I L S

Seminar ������������������������������������������������������������� 1:00 – 4:10pm

Seminar ����������������������������������������������������������� 12:00 – 1:00pm

Credit ��������������������������������������������������������������������������� 3.0 Dual

Credit ����������������������������������������������������������������������1.0 General

Location ��������������������������������������������������������� Live - NBA Office

Location ���������������������������������������Hybrid (NBA Office & Virtual)

COST

COST

NBA Members ���������������������������������������������������������������� $139

NBA Members ������������������������������������������������������������������ $45

Non-Members ������������������������������������������������������������������ $279

Non-Members �������������������������������������������������������������������� $89

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NASHVILLE BAR JOURNAL | JUNE/JULY 2022

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. TUESDAY, JULY 12 | LIVE SEMINAR

LUNCH WITH THE JUDGES SERIES FEATURING HON. WALTER KURTZ & HON. ELLEN HOBBS LYLE

NBA ONLINE SEMINARS Pe r s ona lize d Le a r ning on Your S c h e d u l e

OVERVIEW The NBA is excited to announce the return of the Lunch with the Judges CLE Series. The first seminar of 2022 will feature the Honorable Walter Kurtz and Honorable Ellen Hobbs Lyle, who, together, have more than 50 years of experience on the bench. Join us as they address issues, tips, and insights related to practice in Davidson County.

The NBA will provide a pizza and salad lunch at 11:30am, which will be followed by an hour-long presentation related to courtroom practice with opportunity for questions.

PRESENTERS Hon. Walter Kurtz Retired Senior Judge

Our online CLE platform with online seminars is available at NashvilleBar.org/DistanceLearning!

Choose from the following relevant and focused topics.

Corporate | Depositions | Elder Law | Ethics | Family Law | Federal Practice | Government | Guardian Ad Litem History | Probate | Real Estate | Solo & Small Firm Technology | Trial Pratice

Hon. Ellen Hobbs Lyle Chancery Court, Part III D E TA I L S Seminar ����������������������������������������������������������� 12:00 – 1:00pm Credit ����������������������������������������������������������������������1.0 General Location ��������������������������������������������������������� Live - NBA Office COST NBA Members ������������������������������������������������������������������ $39 Non-Members �������������������������������������������������������������������� $59

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NASHVILLE BAR JOURNAL | JUNE/JULY 2022

JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound

“Hungry Dogs Run Faster.”

With the adoption of SJR 1866 by Senate Majority Leader Jack Johnson Thursday afternoon, April 28, 2022, the 112th General Assembly adjourned sine die, that is without a day to return. After the upcoming election cycle, the 113th General Assembly will convene at noon on Tuesday, January 10, 2023.

Top Five Legislative Enactments for 2022.

Balanced Budget (SB 2897 by Johnson / HB 2882 by Hazlewood). With around 1,500 bills each annual session to consider, only one has to pass, and that is the state’s appropriations bill which authorizes the expenditure of state funds and federal pass through funds. This bill will cover funding for the fiscal year beginning July 1, 2022, and running through June 30, 2023, and authorizes the expenditure of $52.8 billion, a record amount.

Notable improvements include a four percent salary pool for state employees and teachers and higher education staffers; the Basic Education Plan is fully funded for the year before the Tennessee Investment in Student Achievement formula goes into effect; the TennCare program is fully funded as is the Tennessee Consolidated Retirement System. The budget also includes significant capital expendi-

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tures for the higher education campuses and the state parks system. Tax reductions come in a grocery food item holiday in August 2022, and a one year suspension of the state’s portion of the vehicle registration tax. The state’s two major reserve funds will increase to $2.6 billion, a record amount.

Redistricting (Chapter 596, State Senate, Chapter 597, Congress, and Chapter 598, State House). These three bills are also must pass bills, but they are only required once every ten years with the new federal census numbers. The ideal state house district has 69,800 people and an ideal state senate district has 209,400. A house congressional seat has 767,871 people. Litigation is pending for the state senate and house plans but will not affect the 2022 election cycle. The house congressional plan is most noteworthy for slicing Davidson County three ways and forcing Democratic incumbent Jim Cooper into retirement.

Tennessee Investment in Student Achievement (TISA) (Chapter 966).

TISA is Governor Bill Lee’s signature achievement for the 2022 session. Tennessee’s current funding formula, the Basic Education Program (BEP), was born in 1992 out of litigation brought by small school systems who prevailed in state courts claiming the state’s old formula violated the state constitution. The BEP is complex and is geared towards school districts. TISA is student based.

Both the BEP and TISA continue Tennessee’s long tradition of funding based on a mix of state and local dollars. Both BEP and TISA maintain a local maintenance of effort requirement. TISA goes into effect for the 2023-2024 school year.

TISA recognizes our state’s crisis in third graders reading proficiency with only 32% of students reading at grade level.

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

TISA adds funding for literacy support in grades K-3. TISA states explicitly its status as a funding plan, not a spending plan. While the BEP formulas generated annual funding needs that the General Assembly has funded, TISA does not do so. Governor Bill Lee, however, is very clear on his commitment to recommend appropriate funding. On a statewide basis, the BEP established a 66% state and 34% local funding mix. TISA, while still complex, changes the mix to 70/30 and is admittedly easier to understand.

Campaign Finance (SB 1005 by McNally / HB 1201 by Sexton). After FBI worked their way through the Cordell Hull Building and various residences of State House Members, the noise level decreased, and many forgot about it. Then Representative Robin Smith pleaded guilty and resigned on March 7, 2022. A reform bill was inevitable, and SB 1005/ HB 1201 is the result. Interestingly, the requirement for the disclosure of certain expenditures by an organization that is tax exempt under Internal Revenue Code Sections 501(c)(4), (5) or (6) is the most noteworthy.

Criminal Sentencing (Chapter 988).

If Chapter 966 is Governor Lee’s signature accomplishment, Chapter 988 is his largest disappointment. Coming on the heels of his 2021 reform efforts to seek a more humane system, most notably with technical probation and parole violations not leading to full reinstatement of the original sentences, the General Assembly responded with Chapter 988.

Chapter 988 requires service of 100% of the original sentence without any release eligibility date or any reduction by earned sentence credits for the offenses of attempted first degree murder, second degree murder, criminally negligent (continued on page 27)

Editorial | Summer Melton The Issue on the Table: The Electoral College

On January 11, 2021, a Joint Resolution was introduced in the House of Representatives to abolish the U.S. Electoral College. Led by Tennessee Representative Steven Cohen, the Resolution proposes that an amendment be made to the United States Constitution jettisoning the Electoral College and instead providing for the direct election of the President and Vice President. This isn’t the first time such a resolution was introduced. Earlier versions of the Joint Resolution were introduced in 2016, 2017, and 2019.

The main argument behind the proposal is the development of the human mind and technology. The Resolution argues that the Electoral College was established during a time when it was difficult for citizens in one state to learn about presidential candidate from out-of-state, whereas now, mass media and the internet make information about all Presidential candidates easily accessible to people across the country and around the world - though it can sometimes be difficult to sort between real and fake news. Nonetheless, times have changed, and many believe the election system should too.

So what is the Electoral College?

Established in Article II, Section 1 of the Constitution, the Electoral College is the formal body, made up of each state’s – and the District of Columbia’s – electors, that chooses the President and Vice President of the United States. Every four years, this body of electors meets for the

sole purpose of electing them.

During the general election, the popular, or public, vote helps determine the State’s electors. When you vote for a Presidential candidate, you are telling your State which candidate you want your State electors to vote for at the Electoral College meeting.

Each state gets two at-large electors and one elector for each congressional district. The number of congressional districts in a state is based on the number of people in that state. There are 538 elector votes that make up the Electoral College and a candidate needs a minimum of 270 of those votes to win the election. Tennessee has 9 congressional districts, so it has 11 of the total 538 elector votes.

Tennessee’s electors, like those in many other states, are chosen by the political party that wins the popular vote during the general election. By law, Tennessee is a winner-take-all state. In other words, if the majority of voters in Tennessee vote for the Republican Presidential candidate, then the Republican candidate gets to choose all of the electors from Tennessee that will go to the Electoral College meeting.

So, why would anyone want to change the system?

The biggest criticism of the electoral college system is the possibility that the winner of the Presidential election might not be the candidate with the most popular votes. We experienced this recently in 2016 when Donald Trump was elected President despite Hillary Clinton winning the popular vote. The same happened in over a dozen other Presidential elections.

Abraham Lincoln, Rutherford Hayes, Benjamin Harrison and George W. Bush were all elected President despite receiving

less popular votes than their competitors.

Another criticism of the Electoral College is that the process can result in a tie.

Alexander Hamilton is one of the many supporters of the Electoral college, and if you’ve ever listened to Hamilton, you won’t be surprised to know that the electoral college system didn’t work out for Aaron Burr. In 1800, and only one of three times in history, Thomas Jefferson and Aaron Burr faced an “electoral tie” and the House of Representatives had to step in to choose a candidate. Once Hamilton endorsed Jefferson, Jefferson won in the House “in a landslide.” Thomas Jefferson was satisfied.

What would it take to change the system?

Article V of the Constitution provides two ways to propose amendments to the Constitution: (1) “Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution,” or (2) “on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments.” Needless to say, the process is onerous, and completion is rare. When it comes to amending to the Constitution in relation to the Electoral College, many believe it is unlikely, “[b]ecause many smaller states fear that eliminating the electoral college would reduce their electoral influence[.]”

Regardless of what system you think is best, remember to get out there and vote. Let them know who you’re against and who you’re for! n SUMMER MELTON practices at McAngus Goudelock & Courie focusing on litigation matters in the firm’s Nashville office.

JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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NASHVILLE BAR JOURNAL | JULE/JULY 2022

Editorial |

Elizabeth Howe & Deborah Varallo

Pieces of Desegregation Plaque Donated to Fisk University In the summer of 2020, a peaceful protest in response to the death of George Floyd turned violent in downtown Nashville. One casualty of the violence was the permanent Desegregation Plaque near the downtown courthouse.

Protestors broke the plaque and used the pieces to shatter the courthouse windows, including the offices of Mayor John Cooper and Deputy Mayor of Community Engagement Brenda Haywood.

Haywood was shocked when the demonstrators destroyed the plaque, presuming they did not know its significance.

“It saddened me because I remember when that plaque went up. I remember why it went up,” Haywood recalled.

“I remember the blood, sweat and tears that were encapsulated in that plaque and the people like Diane Nash and John Lewis and the significance they had on my life.”

On April 19, 2022, the Nashville Bar Association and Nashville Bar Foundation, in partnership with the Napier

Looby Association and Foundation, the Mayor’s Office, the Black Caucus of the Metro Council, and exclusive sponsor K&L Gates, presented the salvaged pieces to the Fisk University John Hope and Aurelia Elizabeth E. Franklin Library in a dedication ceremony.

Nashville Bar Association board member and Spencer Fane attorney William J “Paz” Haynes, III, remarked, “In the summer of 2020, under the leadership of President Laura Baker, the NBA formed a Special Committee on Race and Equity which launched a series of initiatives to continue the constructive, difficult dialogue within the legal community that the George Floyd killing sparked nationally…

It was just as important for the Committee to answer the destruction that took place in our own community. Dr. [Martin Luther] King [Jr.] once said that such destruction in response to injustice was the language of the unheard. To us, it was an opportunity to educate and raise awareness of how civil, peaceful demonstration and legal advocacy has been, and still can be,

the path to progress and true justice. We believed that restoring this memorial is a message that that legacy must be preserved and celebrated.”

The plaque, originally dedicated on April 19, 1995, commemorated the 1960 desegregation of Nashville.

On the morning of April 19, 1960, the home of black Councilman Z. Alexander Looby was bombed. Several thousand marchers walked to the Metro Courthouse in protest, where Mayor Ben West met them and told the crowd, in a public exchange with Fisk University student Diane Nash, that shop owners were wrong to sell to black residents while denying them service at lunch counters.

During the dedication, Mayor John Cooper stated, “That public conversation between Nash and West in 1960 helped begin a new chapter in Nashville, which would soon start to desegregate lunch counters and break down segregation barriers across the city. In 1995, Diane Nash attended the plaque dedication (continued on page 26)

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Editorial |

Sophie Lee, YLD Essay Contest Winner

Civic Education & the Exclusion in “We the People”

“We the People,” the first three words in loopy cursive writing written on tarnished paper, can be recognized by most people as the United States Constitution. “We the People” affirms that the government is there to serve its citizens.

“We the People” boasts that America, in its entirety and as a collective, has a say in the government and the rule of law.

The Constitution dictates how society is governed and is the basis on which all other laws are made and enforced.

Through the system of democracy, in which citizens are able to elect their representatives, as aligned by Article I of the Constitution, Americans are able to have a say in who is in Congress, and therefore how the Constitution is upheld.

However, the idea that everyone has a say in how society is governed is only an ideal. Nationally, the voting-eligible population turnout rates for presidential elections hover around 50-60%.1 This indicates that out of people who were eligible to vote, which is usually less than 75% of the U.S. population,2 only 50-60% of that population actually contribute to government decisions.3 Locally, Tennessee, one of the states with the lowest historic voter turnout,4 has historically had around or less than 50% voter turnout of the voting-eligible popula22

tion.5 These disappointing statistics bring to light the fact that only around half of the voting-eligible population in America actually contributes to the advancement of American government and law.

On the other hand, there has been an uptick in the number of young people involved in making change in recent years. The Nashville Black Lives Matter march in 2020, for example, was led by a group of teenagers and was recognized by former President, Barack Obama and former presidential candidate, Bernie Sanders. Additionally, an analysis by TargetSmart shows that 98,000 people aged 18 to 29 have voted early in Tennessee, compared to 12,800 in 2014 — a more than seven-fold increase.6 Even with the uptick, youth (ages 18-29) voter turnout, however, remains low — less than half of the voting-eligible population (43%) participated in the 2020 election.7 The power of young people is immeasurable, and it is essential that America’s young people are informed and perform their civic duties in order to contribute to the advancement of America. The people who are able to vote have changed drastically throughout history. Historically, voting in America excluded African Americans and women. Today, voting in America, among eligible voters, excludes the uninformed.

For an overactive student, sleeping through a Cold War lecture, daydreaming through the history of the Constitution, or discussing the separation of powers in government is not one’s idea of fun or learning. At the end of the year, one hasn’t retained a thing. This boring Civics class is essentially a filler, something to meet the state requirement and simply fill a credit required for graduation—the re-

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

sult? A few hundred flashcards; the facts scribbled hastily on them mid-year are hardly retained.

Unfortunately, this is the story of millions of American students — the story of Civic Education, a class where students are asked to memorize facts and regurgitate them on a test and then proceed to forget everything they memorized the next day. Civic Education, especially today, is in a state of exigence. The Ukraine-Russia war, the Black Lives Matter Movement, the Stop Asian Hate Movement, Presidential elections, amongst many, are recent events that many students are not informed about because they are not taught about it in school. Neglecting to teach students about relevant topics leads students to seek information on their own, potentially leading to misinformation. For too long, Civic Education has been on the backburner of the American education system. It’s time to take action and make civic education more relevant, engaging, and interactive.

There are several reasons for why Civic Education is not prioritized. In 1957, the launch of Sputnik 1 seemed to leave the United States behind in an endless competition for worldwide superiority.8 Education was blamed; politicians looked for a way to completely refurbish the United States educational system, and suddenly, everything became occupation-based and individualistic. Everything focused on the topics of science and math.9 STEM education should continue to be strongly supported, but doing so at the expense of civic education is a very bad idea for national security. According to one 2019 study, the US government pays a $54 federal investment per en-

Editorial |

Civic Education & the Exclusion in “We the People” (cont. from page 22)

rolled school child in STEM education, compared to $0.05 per school child in Civics.10 In Tennessee, although a Civics class and exam are required, students are not required to pass the exam in order to graduate.11 Today, math and science are still heavily emphasized, as standardized testing focuses on those subjects and neglect History and Civics, and because STEM is easier to track with metrics and outcomes. Because of this, teachers merely teach to fulfill state requirements, not to ensure that their students become well-informed, civic-minded citizens.

Small steps can create big leaps; it’s time to provide more funding and resources into Civic Education, renovate the way it is taught, and teach students how to be civic-minded individuals.

Only in this way can young people truly have a say in the advancement of law. It’s time to recognize Civic Education as an integral element of national security, necessary for the safety and strength of America’s democracy. It’s time to equalize, integrate, and innovate Civic Education for all. n SOPHIE LEE is an a student at Hume-Fogg Academic High School, and Essay contest winner of this year’s YLD Essay Contest. The work was recognized at the 2022 NBA Law Day Lunch.

Endnotes

McDonald, Michael P. National General Election VEP Turnout Rates, 1789-Present. United States Election Project, www.electproject.org/national-1789-present.

2 Desilver, Drew. In past Elections, U.S. Trailed Most Developed Countries in Voter Turnout. Pew Research Center (Nov. 3) 3 McDonald, Michael P. National General Election VEP Turnout Rates, 1789-Present 4 Reicher, Mike. Younger Voters Turn out Big in Tennessee’s Early Voting. The Tennessean, (Nov. 5) 5 Sweet, Joni. States with the Highest and Lowest Rates of Voter Registration.

Stacker (Oct. 1) 6 Reicher, Mike. Younger Voters Turn out Big in Tennessee’s Early Voting. The Tennessean (Nov. 5) 7 State-by-State 2020 Youth Voter Turnout: The South. Center for Information and Research on Civic Learning and Engagement (Mar. 30., 2020) 8 Spaulding, Suzanne and Devi Nair. Bad Idea: Prioritizing STEM Education at the Expense of Civic Education. Defense 360, (Dec. 4) 9 Raber, Jesse. The Arts in the Public Schools: An Intellectual History. Process (Mar. 28) 10 Adams, Kimberly. What Federal Funding for Civics Reveals about American Political Discourse. Marketplace (Nov. 6) 11 Wagner, Rick. Civics 101: Tenn. Students Must Take Test, but Don’t Have to Pass It. TimesNews (Aug. 9, 2016) 1

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Editorial | Bill Ramsey 2022 Law Day Lunch Recap The Nashville Bar Association’s Law Day 2022 celebration was truly that. A celebration. We packed the banquet hall at the Rennaissance Hotel. Everyone had ditched the “COVID casual” attire and all were dressed in their finest business suits and business attire. At long last, it seemed that everything had returned to normal.

The theme of the day “Toward a More Perfect Union—A Constitution in Times of Change,” and the speakers and presenters for the day served as a great reminder of the foundations of our nation. Everyone seemed to understand that was the joyous, yet solemn, occasion. Even our master of ceremonies Judge Frank Clement seemed a bit subdued while still remaining his jovial self. DarKenya Waller, the executive director of the Legal Aid Society, in keeping with the tradition format for the occasion, gave the results of the Legal Aid Society fundraising campaign report.

The 2021 Equal Justice Campaign raised a whopping total of $1,133,732, which I believe is a record-setting “personal best.”

Thanks to everyone that participated in this effort. The Legal Aid Society continues to fill an important space in our legal system, but it cannot operate without the funds that are raised in this campaign.

Next, Jackie Dixon, aided by a small brochure in everyone’s program, urged all of us to consider participating in the Lawyer Referral and Information Service. This service was, at one time a very important aspect of the work of the NBA. In recent years however, for some reason, the participation in the service has declined. We each need to “take up the slack” and participate in this service. It is not only an important source of revenue for the bar association, but it can also be a lucrative source of client referrals for lawyers’ law firms. For more information on the Lawyer Referral Service, contact Traci Hollandsworth.

A highlight of each and every Law Day is the presentation of the Young

24

Lawyer’s Division art and essay contest winners. The awards were presented by Quan Poole and Ryan Loofborrow. Margaret Harmon won the Art award for the Kindergarten through 3rd Grade division “A More Perfect Union.” Her art made the point that segregation is wrong and that everyone should get out and vote. Ford Morton was the winner in the 4th-8th grade division. His art depicted an American flag with a gavel and the scales of justice in the front. Sophie Li won the essay award for the 9th-12th grade division with an eloquent essay entitled “Civic Education & the Exclusion in ‘We the People.’”

Our president, Martesha Johnson introduced the presenters to the various awards and Allan Hall won the Pro Bono Attorney of the Year; a much deserved award. Bradley Arant Boult Cummings won the pro bono leadership award. That firm always volunteers for most any worthy cause. Certainly, they are always a leader in the area of providing pro bono services.

Rob McKinney had the honor (his words) of presenting the Jack Norman Sr. award to Judge Mark Fishburn. Like many of us, Rob knows that Judge Fishburn is one of the Titans of our Bar. Not only is Judge Fishburn an excellent judge who is knowledgeable of aspects of criminal law, but he is also just an all-around great guy.

In accepting an award, Judge Fishburn recounted his first involvement in criminal law. Apparently at the first arraignment he had ever handled, then attorney Fishburn tried to plead his client guilty to the charges against him. Luckily, Judge Shriver took pity on the “wet behind the ears” lawyer and entered a plea of not guilty for attorney Fishburn’s client. From that point forward, lawyer Fishburn vowed to become knowledgeable about criminal law, and he certainly did that. Congratulations, Mark!

All of the above-described activity was a perfect lead-in to our keynote

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

speaker Chancellor Ellen Hobbs Lyle.

Appropriately, Chancellor Lyle’s speech was titled “Toward a More Perfect Union.”

With her trademark eloquence and grace, Chancellor Lyle was able to weave together a discussion about our Founding Fathers’ transition from the Articles of Confederation to the Constitution of the U.S., which still serves as our present-day Constitution. She described what the Founders meant by using the term “more perfect union,” which would normally be viewed as improper use of the terms “more” and “perfect.” She explained why the Founders chose that term and explained why the Founders created the three branches of our government with the appropriate checks and balances. Another heartwarming moment was Chancellor Lyle’s description of the automobile ride with her engineer father across the state of Tennessee to enroll her in the University of Tennessee College of Law. Using that experience as a backdrop, Chancellor Lyle poignantly described what the practice of law, her service as a Chancellor and the rule of law meant to her. Her speech was one of the most expertly crafted and moving speeches I have had the pleasure to observe at any NBA event, in fact at any event. Those of you who missed her speech, missed something very special.

In his closing remarks, Judge Clement was, like most of us, almost rendered speechless in response to Chancellor Lyle’s words. The crowd then ambled out the door, with each of us realizing we had witnessed a very special occasion. n BILL RAMSEY is a member at Neal & Harwell, where he primarily focuses on complex civil and criminal litigation. He also has a significant entertainment law practice representing artists and entertainers.

barBITES |

Tracy Kane, Endeavor Business Media

HEALTHY BANANA MUFFINS These muffins are my family’s favorite. We can consume an entire batch in less than ten minutes between the four of us (about half the batch consumed solely by my four-year-old). Lately, the kids have asked for them every Sunday morning for the last four mornings. I used to just make them whenever we had extra bananas browning on the counter top, but lately we make them regardless of the ripeness of the banana.

Ingredients 1/3 cup melted coconut oil (or olive oil) 1/2 cup maple syrup (or honey) 2 eggs, preferably at room temperature 1 cup packed mashed ripe bananas (about 3) 1/4 cup milk of choice or water (oatmilk or almond milk work) 1 tsp baking soda 1 tsp vanilla extract 1/2 tsp salt 1/2 tsp cinnamon 1 tbsp yeast (optional) 1/4 cup ground flax seed (optional) 1 3/4 cups white whole wheat flour (or regular whole wheat flour) 1/3 cup old-fashioned oats (optional) ~1 tsp turbinado (raw) sugar or other granulated sugar, for sprinkling on top

Directions Preheat over to 325˚ Fahrenheit. Grease muffin tin with butter, non-stick cooking spray, or cupcake liners.

In a large bowl, melt the coconut oil and then mix in the maple syrup with a whisk. Add the eggs and beat well. Mix in the mashed bananas and milk or water followed by the baking soda, vanilla extract, salt and cinnamon.

Add the yeast, flax seed meal, flour and oats to the bowl and mix with a large spoon just until combined. At this point, if there are any other mix-ins you’d like to add, like nuts, chocolate chips or dried fruit, fold them in now.

Divide the batter evenly between the muffin cups. Sprinkle the tops of the muffins with a small amount of the sugar.

Bake the muffins for 22 to 25 minutes or until a toothpick inserted into a muffin comes out clean.

Place the muffins on a cooling rack to cool.

Our family recommends eating them after 10-15 minutes of cooling because that’s as long as anyone can wait! If you’re feeling super luxurious, you can add a dab of butter to the warm, steamy muffins.

These muffins will keep at room temperature for us to 2 days, or in the refrigerator for up to 4 days. They also keep well in the freezer in a freezer-safe bag for up to 3 months (just defrost individual muffins as needed). *original recipe inspiration from Cookie+Kate (Maple-Sweetened Banana Muffins)

JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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Editorial |

Pieces of Desegregation Plaque Donated to Fisk University (cont. from page 19)

with Mayor Bredesen to relive and honor her historic role in that process. Today we once again honor Diane Nash and the other Fisk University students and faculty who contributed to the end of legal segregation in Nashville.”

“This is going to be one of those artifacts that will help us to understand where we’re going and where we’ve been, “ Fisk President Vann Newkirk said.

Newkirk, Mayor Cooper, Haynes, Council-At-Large Sharon Hurt, and Jianne McDonald with K & L Gates were among those who spoke at the dedication.

The pieces of the plaque are part of a new, permanent exhibit which will include a digital display with a documentary about desegregation of Nashville and the historical significance of the plaque.

The Special Collections and Archives section of the John Hope and Aurelia Eliz-

abeth E. Franklin Library contains some of the oldest collections of African American history and culture. The collection began in 1928 and today includes pamphlets and materials on Blacks in the West Indies, the Lincoln Bible, presented to President Abraham Lincoln by the “loyal colored people of Baltimore,” and given to Fisk by his son Robert Todd Lincoln, and a Bible specially edited for slaves, with all passages related to freedom omitted, believed to be one of only two or 3 still in existence. The Special Collections and Archives are available for viewing by appointment.

This project is the first of two these organizations have undertaken to provide an accurate portrayal of the history of civil rights in Nashville. n

ELIZABETH HOWE works with Varallo PR, focusing on content writing and creation, including press releases, media advisories, ghost-written articles, blogs, e-blasts, and social media posts.

associations.

DEBORAH VARALLO is a Public Relations and Crisis Management strategist with Varallo PR. She provides marketing, branding, and social media guidance/support for professional firms, groups and

LAWYER REFERRAL & INFORMATION SERVICE

Are you looking for another avenue for revenue and referrals, specifically those tailored to your practice area?

If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handle issues such as:

COVID-19 Related • Employment Evictions • Immigration Workers’ Compensation

For information on joining the LRIS, contact LRIS@nashvillebar.org. We look forward to hearing from you!

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA

26

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

Capitol Notes | Peggy Sue, the Beagle Hound homicide, vehicular and aggravated vehicular homicide, especially aggravated kidnapping, especially aggravated robbery, carjacking, and especially aggravated burglary. Chapter 988 takes effect on July 1, 2022 and applies to offenses committed on or after that date.

Honorable Mentions.

Dreamer Licensure (Chapter 911).

Sponsors Shane Reeves and Bob Freeman permit immigrant dreamer children to apply for a state regulated commercial or professional license. (Effective 7/1/2022.)

Pharmacy Benefit Manager Restrictions (SB 2458 by McNally / HB 2661 by Sexton). Adds a payment at cost requirement for health plans and their premium payers for pharmacy drugs and also sets the dispensing fee price at more than five times the current average to be paid to certain pharmacists by health plans and their premium payers. (Effective January 1, 2023.)

Abortion Pill Limits (Chapter 1001). Sponsors Mike Bell and Debra Moody sponsored the Tennessee Abortion-Inducing Drug Risk Protocol Act. (Effective January 1, 2023.)

Megasite Reporting (SB 2204 by Walley / HB 2659 by Sexton). Requires the private Megasite contractors in Haywood County to make regular reports to the State Building Commission and the two Speakers. (Effective probably in May, 2022.)

School Library Book Review (SB 2247

by Lundberg / HB 2666 by Sexton). Expands the jurisdiction of the state textbook and instructional materials quality commission to school library books and permits determinations of age appropriateness and removal of books. (Effective July 1, 2022 and December 1, 2022.)

Sentimental Favorite (Chapter 652).

Designates “My Mountain Home” by Dolly

(cont. from page 18)

Parton as an Official State Song. (Effective 3/15/2022.)

Local and State Elections.

Congratulations to the candidates who prevailed in the local primaries on May 3!

We are also grateful to those who did not prevail, but who had the courage to file the petition to have their names places on the ballot and subject themselves to public scrutiny and choice. For you, we are reminded of the words of former Senate Leader Bob Dole when questioned about losing the 1996 presidential election. Reporter: How did you sleep after the election: Dole: I slept like a baby. I woke up every two hours and cried.

August is really two elections in one.

We have the general election for local and judicial offices. We also have the primary election for state and federal offices. All 99 state house positions are open and the odd numbered state senate districts are open.

Here in Davidson County those are districts 19 and 21, where district 19 has a contested Democratic primary with the retirement of Brenda Gilmore and district 21 where two term incumbent and attorney Jeff Yarbro faces an Independent in November.)

Calendar Notes.

Father’s Day is Sunday, June 19, 2022.

State and NBA offices will observe the Independence Day holiday on Monday, July 4.

Tuesday, July 5, is the deadline to register to vote in the August 4 elections.

Early voting begins on July 15 and runs through July 30 for the August 4 elections. n

DO YOU HAVE AN IDEA FOR A CLE?

The NBA is asking for your help!

We are inviting members to join the CLE Committee for 2022. We ask that committee members attend four to six meetings per year, and contribute to the planning and production of our seminars.

If you cannot serve on the committee but have ideas for a seminar, let us know!

Our goal is to help further legal education in areas our members want to learn more about. If you are interested in joining the committee or have a potential CLE topic, please email Cameron, our CLE Director at Cameron.Adkins@nashvillebar.org

PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Law Day Lunch | May 2022

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NASHVILLE BAR JOURNAL | JUNE/JULY 2022

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

NBF Fellows Dinner | April 2022

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VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Spring Happy Hours | April & May 2022

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NASHVILLE BAR JOURNAL | JUNE/JULY 2022

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Tennis Tournament | April 2022

Winners 1st Place | Gino Bulso 2nd Place | Monica Peacock

RESERVE OUR FACILITIES The NBA 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.

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JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

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Hearsay | Honors & Awards, On the Move, Firm News HONORS & A WARDS

ON TH E M O V E

Edward D. Lanquist, Jr., shareholder and cofounder at Patterson Intellectual Property Law, has been elected vice president of the Tennessee Bar Association. In 2023, he will serve as president-elect and will lead the organization as president for the 2024-2025 bar year.

Bradley Arant Boult Cummings LLP is pleased to announce that Dr. Aaron Chaloner has joined the firm’s Nashville office as a senior attorney in the Intellectual Property Practice Group. Dr. Chaloner focuses his practice on patent prosecution in the life science and biotechnology industry. He is experienced in all stages of intellectual property prosecution and provides strategic counsel to his clients regarding copyright, trademark, patent and trade secret concerns.

Bradley Arant Boult Cummings LLP is pleased to announce that associates Sordum Ndam and Richard W.F. Swor have been selected to the 2022 Nashville Top 30 Under 30 list by the Tennessee Chapter of the Cystic Fibrosis Foundation.

The Patent Lawyer Magazine has named Stites & Harbison, PLLC to the 2022 Top 10 Patent Firms and IP Practices in North America – South list.

The editorial and research staff at The Patent Lawyer Magazine reviews law firms by country and jurisdiction based on a variety of criteria for the Top 10 lists. Examples of research criteria include recent legal achievements, recognition by third party rankings and honor directories, client testimonials, regular articles or presentations on timely topics and active participation in intellectual property organizations.

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Spencer Fane LLP is pleased to announce that Andrea Perry has been named to practice group leadership positions with the firm, joining Eric Johnson as co-chair of the Banking and Financial Services Practice Group.

Spencer Fane Bone McAllester is pleased to announce R. Harold “Hal” McCard, Jr. and Sara Naylor have joined the firm’s Nashville office. McCard will be Of Counsel in the Health Care Practice Group, while Naylor is a Litigation and Dispute Resolution associate.

NASHVILLE BAR JOURNAL | JUNE/JULY 2022

Burr & Forman LLP announces the appointment of Ken Bryant as the new office managing

partner of the firm’s Nashville location.

He succeeds C. Tucker Herndon in this role, who was recently appointed to the firm’s Executive Committee. Ken practices in Burr & Forman’s commercial litigation practice group where he represents clients in general business litigation of all types in both state and federal courts throughout the United States.

Legal Aid Society, Tennessee’s largest nonprofit law firm, today announced Frank Garrison and Leigh Walton as the co-chairs for its 2022 Campaign for Equal Justice. Garrison will oversee fundraising throughout the community, while Walton will lead efforts aimed at law firms and attorneys.

The law firm of Gullett Sanford Robinson & Martin PLLC (GSRM Law) is pleased to announce the addition of Diamond Stewart and Gabrielle Mees Logston to the firm.

Stewart joins the firm as an associate in the Litigation and Labor and Employment Sections, while Logston joins the firm as an associate in the Family Law Section.

Her practice focuses on all stages of family law, including complex divorce matters, uncontested divorces, child custody issues, child support modi-

Hearsay | Honors & Awards, On the Move, Firm News fications, and post-divorce matters.

Loeb & Loeb is pleased to announce the addition of Tim Warnock to the firm’s Litigation department in Nashville — the sixth new litigation partner to arrive this year.

Tim focuses his practice on commercial and intellectual property litigation in federal and state courts.

Bradley Arant Boult Cummings LLP is pleased to announce the arrival of Sordum Ndam as an associate in the firm’s Nashville office. Ndam is a member of Bradley’s Economic Development and Environmental Law practice groups, working with clients throughout all stages of their development projects, including site selection, identifying incentives, and proactively looking ahead to ensure the client’s goals are being met.

McAngus Goudelock & Courie (MGC), a regional insurance law firm, is pleased to announce the addition of attorney Lauren Poole to their Nashville office.

She handles commercial litigation, construction, premises liability and trucking claims, with a primary focus on general litigation and workers’ compensation.

Kinnard announced today the launch of his new law firm, Kinnard Law. With 40-plus years of record-setting jury verdicts, Kinnard continues his dedication to providing legal counsel to personal injury and medical malpractice victims.

The law firm of Weatherly & Dixon PLLC and its partners, James L. Weatherly and Jacqueline B. Dixon, have merged their practices with Lewis Thomason, P.C., announced Lisa Ramsay Cole, President and Managing Shareholder for the statewide firm.

Weatherly’s practice includes criminal defense, family law, personal injury, and general civil litigation, while Dixon’s practice focuses on the areas of family law, wills, estates, probate, personal injury, and other types of civil litigation as well as appellate work. She is also a family law mediator.

Rob Hazard announced the launch of Hazard Law, PLLC, a boutique legal practice based in Brentwood, TN. Hazard Law, PLLC specializes in trust and estate planning, probate administration and business law. Rob is both an attorney and a certified public accountant and that combination offers him unique perspectives in structuring trusts and estates and assisting businesses in navigating the law from start-up to mature operation.

FROM THE EXECUTIVE DIRECTOR Dear NBA Members, It is with a heavy heart that I announce my resignation from the Nashville Bar Association.

It has been an honor and my pleasure to serve the Nashville Bar Association and Foundation for a little over seven years. I have the utmost respect for the legal profession and what lawyers do every day. It is no secret how much I have loved this job. The people and the relationships I have formed have been my most favorite part and I am forever grateful for the enormous support I have received.

I want to thank the staff for their guidance and support. They are a huge part of my success and the success of the bar association. The members and volunteers make me proud to have been a part of this organization.

Thank you, and please stay in touch, monicamackie@gmail.com. n

F I RM NEWS Nashville-based attorney Randall L. JUNE/JULY 2022 | NASHVILLE BAR JOURNAL

33

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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. To become part of NBA’s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

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NASHVILLE BAR JOURNAL | JUNE/JULY 2022

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