Memphis Law : Spring 2015 by University of Memphis

A publication of the University of Memphis Cecil C. Humphreys School of Law

Spring 2015 | Issue 3

Dean

Cover Design

Peter V. Letsou

archer>malmo

Executive Editor

Published By

Ryan Jones

The University of Memphis

Contributing Writers

Cecil C. Humphreys School of Law

Lynda Black

1 North Front Street

Ryan Jones

Memphis, TN 38103

Toby Sells

(901) 678-2421

Faculty News Editor

memphis.edu/law

Katharine Schaffzin

Photography Justin Fox Burks Chip Chockley Rhonda Cosentino Ryan Jones

To submit story ideas, alumni updates, or for other ML related inquiries, please contact Executive Editor Ryan Jones at rjones1@memphis.edu.

The University of Memphis, a Tennessee Board of Regents institution, is an Equal Opportunity/Affirmative Action University. It is committed to education of a non-racially identifiable student body. UOM599-FY1415/5M EM Printing

DEAN’S LETTER

The University FOR Memphis During the month of January, Memphis Law students engaged in a unique outreach effort: the “30 days of Guthrie,” a social media campaign designed to bring NBC’s “TODAY” show host (and lawyer), Savannah Guthrie, to Memphis to speak to the Class of 2015. The students did not send a traditional invitation to Ms. Guthrie. Instead, they posted daily social media messages with the hashtag #Guthrie4Graduation, telling Savannah, with photographs from around our city, why she should visit Memphis. There were 30 days, 30 photo messages – from St. Jude, to STAX, to the cockpit of a FedEx jet – all conveying the same sentiment: the students’ enthusiasm for their law school’s home, the city of Memphis. With our move to downtown Memphis in 2010, Memphis Law, now more than ever, has truly become the University FOR Memphis. We are located at the zero milestone marker for Memphis, so all distances to Memphis are literally measured to our front door. We’re just blocks from attractions old and new, from Beale Street, to FedExForum®, to the soon-to-open Bass Pro Shops at the Pyramid (which I’m looking at as I write these words). And we’re committed to giving back to the city that has provided us with such a magnificent home. I could go on about how we’re combining innovative educational programs with service to Memphis, but because of space limitations, I’ll highlight just two. In January, we announced our new Neighborhood Preservation Clinic in partnership with the Memphis City Attorney’s Office. A first-of-its-kind program, this new clinic will force owners of neglected and abandoned properties to remove the blight that mars some of our neighborhoods. Also, in January, we inaugurated our new Healthy Homes Partnership. Spearheaded by Memphis Law and LeBonheur Children’s Hospital, this partnership will allow students to work with community partners for policy and regulatory change with a goal of increasing access to healthy housing and ensuring that every child in Memphis grows up in a safe and healthy home.

But while these programs are new, the commitment of our school and our students to Memphis is long-standing. We are among the few law schools that include pro bono activities among our graduation requirements, and I’m proud to say our students have met and far exceeded their service goals, with 2L and 3L students having provided nearly 14,000 hours of service as of this writing. Their activities range from helping elderly and low-income residents prepare advance care directives, to organizing and running a clinic to help low-income Memphians file their taxes, to assisting local firefighters and police officers with wills and durable powers of attorney. But perhaps most impressive of the students’ pro bono efforts is the student-organized Alternative Spring Break (ASB) Program, now in its sixth year, where more than 70 law students from Memphis and around the country contribute their spring breaks to helping Memphians with legal issues, including juvenile delinquency advice, pro se divorces and immigration matters. We’re proud of the city we call home and we’re committed to making it an even better place to live, work and learn. Cordially,

Peter V. Letsou Dean 2

CONTENTS

FEATURES 13 LAW & GARDEN:

Urban Agriculture in Memphis BY TOBY SELLS The seeds have been sown for the future of agriculture in Memphis. Urban farming has become increasingly popular in America’s major metropolitan centers. It gives cities a way to deal with vacant lots, revitalize entire neighborhoods, and provide job skills and nutrition to city residents often struggling with poverty and a lack of access to fresh produce. Memphis has an impressive number of organizations at the forefront of this urban agricultural movement, but for years, its progress was slowed by the lack of recognition of urban agriculture as a legitimate land use under Memphis’ city ordinances.

17 SHARING THE ROAD: Shifting Gears in a Ridesharing World

13 23

BY RYAN JONES With ridesharing services Uber and Lyft entering the market with a resounding splash, the future of urban transportation is being reshaped in Memphis and across the country. Lawmakers are therefore faced with trying to regulate and police an industry that is trying to set its own rules.

BUILDING A LEGAL HISTORY BY RYAN JONES The buildings in Memphis tell a story about our legal community that delves into the city’s history and takes us all the way up to the present day. There is a progression of the legal community and its history that can be seen through our wonderful buildings, each of which has its own story to tell.

DIVISIONS 05

BRIEFS: News + Events

Back to School at Inns of Court BY RYAN JONES

10 21

The Leo J. Bearman Sr. American Inns of Court recently began a unique partnership with the Cecil C. Humphreys School of Law in order to develop interesting and educational programming and foster collaboration between Inn members and the law school. The result was a yearlong program with a theme of “Back to School: A Professor’s Perspective.”

TRUE BLUE INTERVIEW

BY RYAN JONES In November 2014, Student Bar Association (SBA) members decided to

Michael Joiner (JD ‘09) took a number of different roads on his

make a concerted effort to get the attention of “TODAY” show host and

way to becoming an attorney. With stops in Montreal, Quebec City,

former NBC News legal analyst, Savannah Guthrie, in the hopes of having

Washington, Florida, the University of Mississippi, Frayser, and

her speak at their May 2015 graduation. The result was an in-depth, two-

ultimately back in Memphis, Joiner has a well-traveled and

monthlong social media campaign that galvanized the student body and

diverse résumé with a breadth of experiences to go along with it.

SETTING THE BAR: Memphis Law Alumni Class Notes

FACULTY ACCOMPLISHMENTS

#GUTHRIE4GRADUATION

showcased the entire city of Memphis.

STUDENT PROFILE: 20 Questions for 20 Students ML asked 20 students to answer a set of questions about their law school experiences, as well as their thoughts on

FACULTY MATTERS: A Family Concept(ion)

Memphis itself. The answers ML received

BY LYNDA BLACK

to have the true Memphis Law experience.

A Look at the Changing Concept of the Family and How it is Legally Defined

are as intelligent, unique, humorous, and diverse as our students themselves. Read on to get a better idea of what it means

BRIEFS: NEWS + EVENTS 2015 ALTERNATIVE SPRING BREAK The Public Action Law Society (PALS) hosted the 2015 Alternative Spring Break Program in March. This year’s weeklong program focused on the theme, “Exploring the Legacy: From Civil Rights to Human Rights.” The program featured five specialized pro bono tracks: Family Law – Pro Se Divorce; Immigration; Criminal Defense; Research and Writing – LGBT Rights; and Elder Law – Advanced Directives.

RICE, AMUNDSEN, & CAPERTON FAMILY LAW SCHOLARSHIP The University of Memphis School of Law joined the law firm of Rice, Amundsen & Caperton, PLLC, in celebrating the establishment of the Rice,

HOUSING ADJUDICATION CLINIC IN THE TOP 15 The Housing Adjudication Clinic was named

appeals in the Memphis Housing Authority’s

one of the Top 15 Most Innovative Clinics in

Housing Choice Voucher Program. With unique

the nation by The National Jurist and preLaw

clinics being nominated from over 75 different

Magazine. This award-winning clinic places

law schools across the country, Memphis Law’s

students in the unique standpoint of an

Housing Adjudication Clinic ranked in the top

administrative hearing officer, where they do

15 nationally, with a special designation in the

fieldwork involving research, investigation, and

category of low-income assistance.

drafting written opinion rulings on administrative

Amundsen & Caperton Family Law Scholarship at the University of Memphis. The scholarship will be awarded yearly to students enrolled at Memphis Law who exemplify academic merit and who have completed the course in family law. In addition, the recipients will be offered an intern position with the law firm for the summer following the awarding of the scholarship. A reception was held at the law firm’s offices to celebrate the establishment of the scholarship.

HEALTHY HOMES PARTNERSHIP The University of Memphis Institute for Health Law & Policy (“iHeLP Memphis”) and Le Bonheur Children’s Hospital launched the Healthy Homes Partnership with a special kickoff event in January. Memphis Mayor A C Wharton proclaimed, along with Shelby County Mayor Mark Luttrell, Jan. 15, 2015, as “Healthy Homes Day in Memphis.” This partnership will help eliminate environmental and safety hazards in housing; promote collaboration among housing and legal services agencies and health care providers; and advance best practices and strategies, including policy and regulatory changes to increase the availability of and access to healthy housing for all Memphis-area residents. 55

ELDER HEALTH LAW ADVOCACY CLINIC LAUNCHED

NAHON, SAHAROVICH & TROTZ PLC LAW FIRM SCHOLARSHIP

Memphis Law launched the Elder Health Law

Nahon Saharovich & Trotz PLC recently

Advocacy Clinic in spring 2015. The new clinic

completed their pledge to endow the Nahon

provides students with the opportunity to focus

Saharovich & Trotz PLC Law Firm Scholarship.

on substantive health law while representing

Corey B. Trotz is a 1990 graduate of Memphis

elderly clients in need of legal assistance to

Law. The award will be given to a returning

address health care issues, such as execution

Memphis Law student who is in their third year

and administration of advance health care

of law school, has demonstrated an interest or

directives, access to quality health care and long-

desire to advocate for personal injury victims,

term care, eligibility for Medicare and TennCare

and who is in the top third of their respective

Choices, long-term care insurance, diminished

class and/or a member of the Law Review,

capacity and conservatorship, Social Security

and/or has past, present or pending service

BUILDING BLOCKS FOR A BETTER COMMUNITY

and Supplemental Security Income Disability,

in a judicial office.

The University of Memphis Institute for Health

and medical futility.

resident’s rights in long-term care facilities, discharge planning, end of life and hospice care,

Law & Policy held its second annual symposium, “Building Blocks for a Better Community,” in March. The symposium focused on the critical ties between community development and health, joining national experts with local leaders to learn more about the issues surrounding how health care and policy relates to a safe and economically strong community. The symposium featured presentations from well-known experts such as Sharon Z. Roerty, MCRP, senior program officer at the Robert Wood Johnson Foundation; Marice Ashe, JD, MPH, founder and CEO of ChangedLab Solutions; as well as Elizabeth Tobin-Tyler, JD, MA, assistant professor of family medicine, Alpert Medical School and assistant professor of health services, policy and practice at Brown University School of Public Health.

TENNESSEE CRIMINAL COURT OF APPEALS AT MEMPHIS LAW The Tennessee Court of Criminal Appeals

Memphis Law alums Tracy Alcock (Bradshaw)

conducted oral arguments in the law school’s

(JD ‘11) and David Camp (JD ‘89) both argued

historic courtroom in February. In addition

before the Court while it held session at the law

The Tennessee Western Section Court of

to hearing arguments, the judges allowed a

school. Ms. Alcock is an assistant attorney general

Appeals held oral arguments in the law school’s

15-minute Q&A session between students and the

in the Criminal Justice Division of the Tennessee

historic courtroom for two days in late February.

attorneys immediately following each case. The

Attorney General’s Office in Nashville, and Mr.

judges also had lunch with a group of Memphis

Camp is a partner at the law firm of Camp &

Law students while at the law school.

Camp, located in Jackson, Tenn. Mr. Camp’s son,

TENNESSEE WESTERN SECTION COURT OF APPEALS AT MEMPHIS LAW

Alex, is currently a 2L at Memphis Law. 6 6

BRIEFS: NEWS + EVENTS THE HONORABLE JANICE HOLDER RECEIVES INAUGURAL PRO BONO PAL AWARD Former Tennessee Supreme Court Justice Janice Holder received the inaugural Pro Bono PAL Award from the Public Action Law Society at their annual Alternative Spring Break silent auction and fundraiser.

LAW REVIEW EDITORIAL BOARD 2014-2015 The incoming editorial board for volume 46 of The University of Memphis Law Review is as follows: Greg Wagner, Editor-in-chief Sarah Smith, Managing editor

MOOT COURT TRAVEL TEAMS

Ben Lewis, Senior articles editor

The Thurgood Marshall Mock Trial Team

in the region. Law students Ariel Anthony

MK Smith, Senior notes editor

represented the Black Law Students Association

and Aurelia Patterson made up one team,

Quynh-Anh Dang, Research editor

Southern Region at the National Competition in

with students Jarrett Spence and Jerrick

Kelly Gray, Business editor

the spring.

Murrell composing the second. Both teams

Kelly Masters, Symposium editor

After three very competitive preliminary rounds

were coached by Andre Mathis.

in the regional competition, our students went

The Duberstein Moot Court Team of Martha

on to beat out 12 teams for second-place finalist

Crowder, Brad Reasonover and Ross Smith

in the region, securing a spot at the National

won first place at the Duberstein Regional

Competition. Students Brittany Williams, Joe

Competition in Las Vegas, Nev., in February.

Smith, Jana Mitchell, and Crystal Johnson were

3L Ross Smith won Best Oral Advocate in

the team members. They were coached by

the regional competition. Deniger Cobb,

Bridgett Stigger and Professor Demetria Frank.

Meagan Jones, and Lacy Ward (brief writer)

The Fredrick Douglas Moot Court Team also

also competed.

Jordan Cash, Articles editor Sydney Eason, Articles editor John Floyd, Articles editor Bill Pannell, Articles editor Phoebe Dossett, Notes editor Lorrie Hayes, Notes editor Patrick Quinn, Notes editor Matt Schwimmer, Notes editor Jake Strawn, Notes editor Sam Wright, Notes editor

ANNUAL FRANCIS GABOR MEMORIAL LECTURE

MOCK TRIAL TEAM EXCELS AT REGIONALS The Memphis Law Mock Trial Team performed

ranked team (out of 28 teams overall), the

The Annual Francis Gabor Memorial Lecture

well at the National Trial Competition Regionals.

team bested Belmont to advance to the

took place in the historic courtroom in February.

The Mock Trial team of Josh Bradley (3L),

semifinal round.

The special guest speaker was Dr. Ralph Wilde

Brian Burns (2L), and Darius Walker (2L) won

(University College London), who gave a lecture

each of their three preliminary round trials,

titled “Dilemmas in Promoting Global Economic

defeating teams from the University of Kentucky,

Justice Through Law: A Case Study of the

Washington University in St. Louis, and the

‘Maastricht Principles on the Extraterritorial

University of Arkansas-Little Rock. Advancing

Obligations of States in the Area of Economic,

undefeated to the quarterfinals as the third-

Social and Cultural Rights’ and Their Associated 77

represented the law school well, finishing fourth

Commentary.”

The Mock Trial Team of Paige Munn (3L), Ethan Page (3L), and Justin Prescott (2L) dropped a close opening trial to the University of Kentucky. The team then reeled off consecutive wins against University of Louisville and University of Arkansas-Fayetteville.

MCAFEE

CHESNEY MCAFEE JOINS CAREER SERVICES OFFICE

HEALTH LAW SPEED NETWORKING EVENT The Memphis Law Career Services Office and the Institute for Health Law & Policy hosted a speed

Chesney McAfee joined

networking event recently for those interested

the Memphis Law

in health law. Over 25 attorneys from a variety

Career Services Office

of health law backgrounds participated in the

as a law school counselor. She is a Memphis Law

event in which students interacted with the

alumna who brings a great deal of experience

attorneys in a “speed dating” type of question

to the position, with legal experience in both

and answer format. Attorneys from St. Jude

criminal and civil litigation and a wealth of

Children’s Research Hospital, Regional One

knowledge from running her own solo practice

Health (formerly the Med), and many prominent

for the past 13 years.

local firms took part in the event.

ROBERT L.J. SPENCE JR. ESTABLISHES MOOT COURT AWARD Robert L. J. Spence Jr. recently established an endowed student award to be awarded to a student for achievement in moot court competitions. Mr. Spence is a 1986 graduate of Memphis Law and the managing partner of the Spence Law Firm. He is also a member of the University of Memphis School of Law dean’s advisory board.

BLSA PANEL In February 2015, the Black Law Students Association (BLSA) held their Civil Rights Panel. This panel focused on the struggles of the civil rights movement and how the law has progressed since that era. In addition, the panelists shared their personal experiences that they endured during that time and today as attorneys, judges, or public figures. The panel was moderated by the United States Attorney for the Western District of Tennessee Edward Stanton III, and featured Judge D’Army Bailey, Attorney Charles E. Carpenter, Attorney David Caywood, and former Memphis Mayor Dr. Willie Herenton as the panelists.

LAW REVIEW ANNUAL SYMPOSIUM FOCUSES ON VETERAN’S ISSUES The University of Memphis Law Review’s Annual

policy issues surrounding veteran’s affairs, as

Symposium, “in re Valor: Policy and Action in

well as what is being done to help veterans, both

Veteran’s Legal Aid,” was held in late March

nationally and here in the Mid-South.

2015. The symposium focused on a variety of 8 8

BRIEFS: NEWS + EVENTS

CITY OF MEMPHIS & MEMPHIS LAW ANTI-BLIGHT CLINIC Memphis Law’s new Neighborhood Preservation

BACK TO SCHOOL AT INNS OF COURT

Clinic was unveiled at a joint news conference with City of Memphis Mayor A C Wharton in

The Inns of Court is an organization of attorneys

The 2014-2015 season was composed of the

January. The City of Memphis Law Division and

and judges who share the goal of promoting

following programs and law school participants:

the University of Memphis Cecil C. Humphreys

professionalism, civility, and ethics in the legal profession. The local chapter, The Leo J.

Team 1: “Reflections on the Judicial Elections,”

School of Law launched the Neighborhood Preservation Clinic to expose law students to

Bearman Sr. American Inns of Court, recently

the complex legal issues surrounding property

began a unique partnership with the Cecil C.

abandonment, neglect, and blight.

Humphreys School of Law in order to develop

Under the supervision of City of Memphis Staff Attorney Steve Barlow and Professor Danny Schaffzin, students will investigate property ownership and conditions, communicate with field code-enforcement professionals, prepare civil lawsuits, and prosecute neglectful owners seeking compliance with property maintenance and other housing and building standards.

interesting and educational programming for this year and foster collaboration between Inn

by Professor Steve Mulroy, with students Martha Crowder and Alex Hall Team 2: “To Heller or High Water: Gun Laws and the Constitution,” by Professor Andrew McClurg, with students Robert Clapper and Lacy Ward

members and the law school. The result was

Team 3: “Don’t Feed the Trolls: A Case For and

a yearlong program with a theme of “Back

Against Patent Reform,” by Professor Jeremy

to School: A Professor’s Perspective,” which

Bock, with students De’Antwaine Moye and

involved Inn teams collaborating with members

Lauren Winchell

of the law school faculty as they addressed a

Team 4: “The Impact of the O’Bannon Decision

particularly relevant area of interest or case. Each team also included two law students,

on NCAA Recruitment,” by Professor Daniel Schaffzin, with students Courtney Sharp and

Partnering with the Memphis City Attorney’s

who presented a “case comment” about the

Office, the students will handle cases before the

respective cases and topics being discussed,

Shelby County Environmental Court. The first-

with the participating professors delivering

of-its-kind experiential learning collaboration will

more in-depth remarks about the cases and

expose law students to the legal, economic, and

subject matter — resulting in many riveting and

social challenges arising from blight in Memphis.

entertaining presentations and discussions.

Team 6: “The Shifting Landscape of American

The news conference itself culminated in the

It was a true success, connecting law school

Educational Law,” by Professor Daniel Kiel, with

demolition of the long-blighted Executive Inn

faculty with esteemed members of the legal

students Aurelia Patterson and Erica Tamariz

Motel at 3222 Airways Blvd., which served as one

community.

Team 7: “Medical/Legal Partnerships: Providing

example of the types of blight that the clinic’s

This year’s unique collaboration and theme were

Holistic Care for Medical and Legal Needs,” by

students and attorneys will strive to eliminate

introduced and planned by the Honorable Diane

Professor Amy Campbell, with students Nick

from the Memphis community as a result of this

Vescovo, this year’s programming chair for the

Margello and Kyle Turner

unique partnership.

Memphis Chapter of Inns of Court.

Justin Steele Team 5: “Probate: How to Catch a Thief,” by Professor Ralph Brashier, with students Ross Smith and Jarrett Spence

#GUTHRIE4 GRADUATION BY RYAN JONES

In November 2014, Student Bar Association (SBA) members decided to make a concerted effort to get the attention of “TODAY” show host and former NBC News legal analyst, Savannah Guthrie, in the hopes of having her speak at their May 2015 graduation. The result was an in-depth, two-monthlong social media campaign that galvanized the student body and showcased the entire city of Memphis. The students went to great lengths to show Savannah that Memphis was a tremendous city that anyone would want to visit, and one that they were extremely proud to show to her (and the world).

STAGE 1 The campaign began with the “Guthrie Board,” a wall displayed in the law school student lounge where students wrote messages about why Memphis and the law school were wonderful and why she should come join them at graduation. They then pinned

those messages to the board, took a photo of it and posted it to Twitter, Instagram, and/ or Facebook, tagging Savannah Guthrie in the process and using the hashtag #Guthrie4Graduation. This stage of the campaign took place the entire month of December and resulted in a quick response from Savannah and her assistant. After letting us know that she “respects the students’ hustle,” Guthrie said to keep at it.

STAGE 2 As the new year started up, so did the next stage of the campaign. January saw the beginning of the “30 Days of Guthrie” project, which involved a daily photo throughout the month of January featuring a different Memphis Law student at a uniquely Memphis sight. Student participation, excitement and engagement were running at full steam. It was clear that everyone was excited for Savannah, but it was also evident that the school had

come together in a special way to showcase their enthusiasm and love for the Bluff City.

WRAP-UP Ultimately, the law school heard back from Savannah in early February with the sad news that she couldn’t make it to the Class of 2015 commencement in May. However, she made a personalized video for Memphis Law students expressing her love of the campaign and including words of encouragement for these future attorneys. She even made sure our students got some national love, with a series of tweets from the official “TODAY” show account and a story about the campaign itself featured on the “TODAY” show website. We are incredibly proud of the students involved in this social media campaign and want to share the students’ excitement about their city with our readers. Please enjoy the full experience of the #Guthrie4Graduation campaign!

TWENTY QUESTIONS FOR

20 STUDENTS

1. If you could choose any profession besides the law, what would it be and why? “Wildlife biologist. After spending the last three years inside a building, an office in the middle of the woods seems like a pretty good idea.” – Rob Clapper, 3L

2. Why did you go to law school? “I was attracted to the field of law because I have a strong passion for helping people, my peers and others less fortunate. I am strongly involved in my community, my church and the city itself, because I am committed to making Memphis a better place for current and future generations. I chose to specifically attend law school in Memphis because of my strong ties to the city and to build a strong foundation that can be used to successfully take the city to heights it could not have previously imagined reaching.” – Corbin Carpenter, 2L

ML asked 20 students to answer a set of questions about their law school experience, as well as their thoughts on Memphis itself. The answers ML received are as intelligent, unique, humorous, and diverse as our students themselves. Read on to get a better idea of what it means to have the true Memphis Law experience.

“I always wanted to use my words to make a positive difference in people’s lives. Law is a poetic dance that requires you to paint some vivid factual pictures to get your point across.” – Brandon Boykin, 2L

3. What was your most interesting job prior to law school? “For sheer variety of challenges: assistant dean of students at the University of Virginia, where I dealt with judiciary and honors adjudication in a student-self-governance context; helped craft responses on such issues as oncampus solicitation, use and abuse of technology, and freedom of expression; performed on-call emergency duties; and did Hispanic/Latino student programming and support.” – Pablo J. Davis, 1L

4. What’s the most embarrassing moment (yours or a classmates) that you’ve witnessed in class?

Seven different students replied with the same answer to this question, so it is clear to ML that it struck a chord. The consensus is that getting asked to leave of Professor Alena Allen’s Torts class is the height of terror and embarrassment. Seeing that two of the students surveyed actually experienced this law school phenomenon, ML feels that it’s safe to say that Professor Allen’s message of preparedness and professionalism has soundly resonated with the students.

5. If you could be any local attorney or legal professional, who would it be and why? “Maureen Holland. She’s the local attorney handling the Sixth Circuit case going before the Supreme Court of the United States right now in order to fight for marriage equality. I hope one day to create that level of change in our society.” – Sarah Smith, 2L

6. What was your favorite class? “My externship with the city of Memphis Anti-Blight Litigation Unit. I never thought I would be interested in working with a municipality, (Property and I never really got along during my 1L year) but the externship was extremely interesting. Each week was different and I truly appreciate the experience.” – Brittany Williams, 2L

7. Who is your best-dressed classmate? Male – Corbin Carpenter Female – Martha Crowder Also Mentioned: “Greg Wagner. His beige slip-on, faded shoes and hooded sweatshirts are outfits no one can compete with.” – Kelly Gray, 2L “Logan Klaus. The guy wears flip-flops with suits. He is either very brave or has just stopped caring.” – Rob Clapper, 3L

8. What/Where is your favorite spot to study in the building?

AURELIA PATTERSON

ROB CLAPPER

COURTNEY SHARP

GRANT KEHLER

JUSTIN STEELE

“I think they should rename the study area in the student lounge to the Eason, Dossett, Quinn, Battle, Woods, and Vaught Room, because we spent so much time in there during our 1L year. If you wanted to use that room, too bad. I’ll probably donate to make that name change happen.” – Preston Battle, 2L

9. Most amount of time you’ve spent studying for an exam and which exam was it for? ML was overwhelmed with one particular response to this question. It’s BRANDON BOYKIN

MK SMITH

ERICA TAMARIZ

JARRETT SPENCE

KELLY GRAY

clear that Professor Brashier’s exams elicit a new level of panic for students, resulting in what we hope is subsequent expertise in time management and study skills. The term “PTSD” was mentioned once or twice, and it does not seem uncommon for students to start dreaming about Decedent’s Estates after endless hours of studying.

LACY WARD

MARTHA CROWDER

CORBIN CARPENTER

PRESTON BATTLE

ROSS SMITH

LUKE PRUETT

MEAGAN JONES

PABLO J. DAVIS

BRITTANY WILLIAMS

SARAH SMITH

10. Most overwhelming moment of law school? “Trying to read Pennoyer v. Neff for our second Civil Procedure class. I went home in tears because I couldn’t understand a word of the opinion!” – Martha Crowder, 3L “During my Civil Procedure 1 exam, there was a group of questions in which each answer depended on the previous answer. My entire body got hot, knowing that if one answer was wrong, they were likely all going to be wrong. Tears began to form and I knew I was about to cry, but I had to pull myself together. If I started crying, there would be no way I could stop and finish the exam in time. I gave myself a quick pep talk and moved past the question. Thankfully, I passed the exam.” – Aurelia Patterson, 2L

11. Who is the most ambitious student in your class? Multiple students believe Kimbra Ratliff to be on her way to amazing things, with several of them listing her as impressively ambitious. We’re excited to see all of the great things she accomplishes!

12. Which classmate were you most inspired by during law school and why? “Every time I see Luke Pruett, he has a smile on his face and is supportive regardless of what you’re doing. He drives from Jackson, Tenn., every day for law school and has still managed to raise two great kids. Kudos to his wife, April, as well!” – Ross Smith, 3L (An incredible number of students pointed to their peers who are currently raising children while also excelling at law school. It seems that the admiration for law students who are also devoted parents is widespread amongst our students.)

13. What’s your favorite Memphis bar/restaurant since you’ve been in law school?

16. What is your favorite memory (so far) of your time at Memphis Law?

You thought the answer would be Bardog, didn’t you? Well it’s a bit more complicated than that, according to Lacy Ward.

“Definitely being proposed to here. My fiance and I met at Memphis Law when we were assigned to the same section our 1L year, so it was only fitting that he would propose here at the law school. He recreated my class schedule from that year, with me “attending” each class and getting a special note or gift in each classroom. We finally ended up on the second-floor terrace where there was one more book waiting for me! Once I finished reading through my tears and laughter, he got down on one knee. His parents were there and he had arranged to FaceTime with my mom so they could all watch the whole proposal. Of course I said yes and now Memphis Law is a much sweeter place to go to school!” – Courtney Sharp, 3L

“Let me break it down by region:” 1. Midtown, circa 2010: Yosemite Sam’s (RIP). Current law students really missed out on my former favorite bar. 2. Downtown: Bardog. 3. Midtown, current day: Bayou. I love it. It’s such an Overton Square classic. 4. Cooper Young – Young Avenue Deli. 5. East Memphis: Hog and Hominy. 6. Edge/Medical District: High Cotton Brewery, where law and beer collide, allegedly.” - Lacy Ward, 3L

14. Who is your favorite professor? Male – Professor Ralph Brashier Female – Professor Alena Allen (While Professors Brashier and Allen elicit the most stress, fits of crying and night sweats for their rigorous exams and classes, it also seems that our students appreciate the hard work and high standards that they expect.)

15. Biggest purchase while in law school? Students submitted a plethora of similar answers here, all centered on one main purchase, but ML thinks that MK Smith summed it up best: “Books. UGH.” – MK Smith, 2L

17. What was the most intimidating moment of law school for you? The submissions came down to a close race between being called on by Professor Allen during the beginning of 1L year (she apparently memorizes names and faces well in advance of the first day of classes), the freshman moot court competition, and orientation. All honorable and understandable choices.

18. What is your favorite thing about Memphis the city? One of the great things about the students at Memphis Law is that they truly love being here. Memphis is near and dear to all of them and the pride

they show for the city was evident in these answers. The following reply says it well. “The pride that people have in our city and the desire to make it a better place, despite any outside criticisms that the city receives. Also, the FOOD!!!” – Erica Tamariz, 3L

19. Most stressful exam of law school for you? Far and away, Professor Brashier’s exams secured their place in our students’ collective minds as veritable institutions of stress and anxiety.

20. The funniest thing you’ve seen while at Memphis Law? ML received a wide variety of answers to this question (many that ought to remain private), so we’ve selected two responses fit for publication and that share a similar theme: dancing. “Seeing Professor Bock’s dance moves at Flaw Review made me laugh so hard, I am pretty sure I started crying!” – Preston Battle, 2L (Similar statements were echoed by Brandon Boykin and Sarah Smith). “Preston Battle doing the Booker T. Washington cheer while dressed in a cheerleader outfit in evidence class on Halloween. If you haven’t seen it, a 2L will gladly show you the video.” – Kelly Gray, 2L (This video is obviously worth watching, since MK Smith also submitted the same answer).

FOR YEARS NOW, urban farming has become increasingly popular in America’s major metropolitan centers. It gives cities a way to deal with vacant lots, revitalize entire neighborhoods, and provide job skills and nutrition to city residents often struggling with poverty and a lack of access to fresh produce. Memphis has an impressive number of organizations at the forefront of this urban agricultural movement, but for years, its progress was slowed by the lack of recognition of urban agriculture as a legitimate land use under Memphis’ city ordinances. Urban farms in Memphis operated in a gray area of uncertainty,

s l l e S y b o T by

with no real legal recognition and assistance to help them succeed. However, the seeds have been sown here in the Mid-South, which will result in a rich harvest for years to come. If you’ve been here long enough, you’re familiar with the rich and fertile fields of the Mississippi Delta. It spills south from the lobby of the Peabody Hotel, all the way down to Catfish Row in Vicksburg, Miss. (as the old saying goes). The Delta has been long touted as the best place in the world to grow cotton. Riverboats — packed to the rafters with fluffy bales of the stuff — plied the Mississippi River just to reach the open outcry markets of Memphis. It had such an impact here that some would still argue today that cotton built this town. But even now, drive I-55 north or south from Memphis when the weather gets warm and you’ll see brown-and-green plots of flat land big enough to swallow a dozen football fields. Farmers there still grow cotton, rice, soybeans, corn, and much more. You may have been here long enough, too, to know that cutting-edge agricultural research is conducted in the fields and hot houses inside Shelby Farms Park (it’s where the “farms”

13 13

part of the name comes in), especially around

first community gardens here in Orange

Agricenter International.

Mound and the 2006 opening of the

However, to many Memphians, that’s all “way

Memphis Farmers Market.

back then” or “way out there,” in the past or

The most basic tenant of the fresh

beyond the bright lights and concrete of the

food movement is that fresh food

city limits. Agriculture doesn’t touch their lives,

is best — best for your body,

except at the grocery store and that’s only if they

best for the environment, best

really think hard about it. But someday soon,

for the local economy, and

they’re likely to think twice about all of that.

best for the community. From

Agriculture is back in the buckle of the grit-and-

this movement we also got

grind belt, the home of the blues, booze, and

farm-to-table restaurants and,

barbecue. The movement has a cadre of skilled,

of course, farmers markets.

vocal, powerful, and passionate supporters

Many said Memphis was late

who have built sophisticated organizations and

to the party on this fresh food

partnerships between them to ensure agriculture

movement, as towns around it

and horticulture remain a part of this city’s DNA.

(like St. Louis or even Fayetteville, Ark.) had been building their fresh

The Fresh Food Movement and Urban Agriculture

food infrastructure for years in things like Once the movement arrived, though, Memphis

The city code simply didn’t allow the gardens,

Gardens began cropping up inside Memphis

urbanites started looking differently at parking

said Josh Whitehead, Memphis Law alum and

city limits a few years ago, alongside the arrival

lots, vacant or abandoned pieces of urban

director of the Memphis and Shelby County

of the fresh food movement here. It’s a tough

property, their backyards, and front yards. They

Office of Planning and Development. His office

time to label with an exact date, but consider as

started to remember there was soil — good,

didn’t really know how to process the requests

landmarks the 2001 establishment of one of the

fertile soil — under the grass or asphalt there.

but they kept coming.

farmers markets, restaurant co-ops, and more.

Then, they’d scrape the earth, dig straight rows, and plant seeds. With a little water and sunlight (and sweat), they’d soon have vegetables, flowers, and herbs growing a stone’s throw from a corner store, a Superfund site, or the Pyramid. But the fledgling movement (as many do) ran into trouble with the law.

Law and Gardens Two things happened: The Shelby County Land Bank was created and began to sell off county-owned properties. Many

At the same time, he and his team were working on the new Unified Development Code (UDC), the blanket zoning code for Memphis and unincorporated Shelby County. To address the issue of urban gardens, Whitehead said they simply changed the code to allow them in every zoning district. “So, now you can notice little gardens throughout the city,” Whitehead said “That’s because they’ve gone from impossible, in this huge zoning process to get them done, to now being permitted.

were interested in buying them especially for community gardens. That’s where their hearts and dreams ran up against the government. 14

“That obviously came from the community. They

tomatoes directly from the farmer. And there is a

wanted to do these things and we were kind of

reason for it, she said — the recession.

telling them ‘no.’ Well, we were telling them ‘no’

“The economic hardships that have occurred

through our regulations.”

made people spend more time at home and work

Other changes to the city code included allowing

more on the local economy,” said Dupuigrenet.

farmers markets, mobile food markets, and

“Farmers markets are a great way to do that. You

allowing residents to raise chickens in their yards.

know where your money is going and you get to

All of these changes were “cutting edge,” said

see and interact with the person your money is

Maura Black Sullivan, another Memphis Law

supporting.”

alum and the deputy chief administrative officer

But more ideas came for the fresh food

for the city of Memphis, and put the city out in

movement, beyond gardens and farmers markets.

front of the “fresh food wave.”

Others started thinking about applying the new

“To be able to have urban gardens set up on

but existing fresh food infrastructure to address

vacant pieces of land throughout the city,

food security (or ensuring Memphis had enough

it’s important,” Sullivan said.

to eat), food deserts, economic development,

“It’s important in these

and sustainable living.

neighborhoods where

The efforts were a patchwork, only because it

kids have never seen

was new. But the creation of the Food Advisory

beans grow. Now

Council for Memphis and Shelby County

they can actually

(FACMSC) sought to sew the patches into a quilt.

walk down to that once-vacant land or that once-dilapidated home and see Maura Black Sullivan

beans growing and tomatoes growing and know what that’s about.”

“All these different efforts started in all these Young Community Farmers Market opened

different parts of town,” said Sullivan, a member

in 2010. The South Memphis Farmers Market

of the Food Advisory Council. “So, the FACMSC

opened just last year. More than 15 are now in

came together to ensure everyone had a forum,

operation, stretching from Hernando, Miss., to

to be able to talk to each other and to find the

Millington, Tenn. and from Collierville, Tenn. to

holes in what was being provided.

West Memphis, Ark.

“We wanted to make sure of what we were doing

In short, the fresh food scene exploded here.

and make sure we were doing it on a citywide

An Organized Front

But, Caitlin Dupuigrenet, manager of the Cooper

level and to position us to be able to advocate at the state.”

More people entered the fresh food movement

Young Community Farmers Market, said while the farmers market movement in Memphis was

The council has done just that. It is also a part

new, the idea had thrived in smaller towns all

of the Tennessee Food Policy Council, which

The Mid-South Peace and Justice Center founded

around Tennessee.

coordinates the efforts of all food councils across

GrowMemphis in 2007 to help coordinate

This notion is backed up with a 2006 study by

the state to advocate for fresh food policy.

here and they brought more ideas.

the efforts of anyone wanting to produce a community garden. These gardens now number in the double-digits and are spread across Memphis from Central Station and Whitehaven, to Binghampton and Rhodes College. Markets came quickly, too. The Memphis Farmers Market opened in 2006. The Cooper 15

the state-run Center for Profitable Agriculture. The report found that nearly 40 percent of the 55 farmers markets it sampled had been in operation for 20 years or more. In addition, Dupuigrenet said the new movement is like a step back, not forward, to a time when people bought peaches at the roadside stand and

The Hidden Commerce of Local Agriculture America has a secret romance with farming. The independence of it, the aesthetic, planting with hope, and then literally harvesting the fruits

of our labors — it all has an allure. But at its core, (and it doesn’t get more American than this), farming is a business. Its lifeblood is money. Its veins are the crossroads of commerce. For many local farmers, these crossroads are, of course, the public farmers

Mary Phillips Riddle, co-

markets spanning the city. But there’s a huge,

founder and co-executive

hidden marketplace for local farmers: the

director of Roots Memphis.

backdoors of some of Memphis’ best restaurants. Roots seeks to train farmers

On Saturday mornings, Felicia Willett’s

not only in growing crops, but

Pathfinder SUV used to look like a “clown

in growing a business - a good

car.” Willett, the owner and executive chef of

and sustainable business.

downtown’s Felicia Suzanne restaurant, would stuff the car with a week’s worth of produce from the just-opened Memphis Farmers Market. She had grown used to farmers selling their food

specialty vegetables. She said restaurant sales

at the backdoors of the New Orleans restaurants

are now about half of their sales and the rest

where she’d earned her stripes. But they just

come from farmers markets, and a Community

didn’t come in Memphis. So, it was either rely

Supported Agriculture (CSA) Program.

on wholesalers like Sysco or U.S. Foods, or load

She prefers selling to restaurants, she said, but

up her clown car on Saturday mornings. But no

there’s a finesse to it.

more.

“I go to the backdoor and cold call them all the

everyone thought I was the genius.” “To me, it’s always seemed evident that the hardest working people in the whole food distribution chain are the farmers, the people out there every day, getting their hands dirty, fighting the weather, out in the cold, and out in the heat,”

“Finally the farmers asked if they could sell me

time,” she said. “But you have to be able to read

more food if they came to me on a Tuesday and

when they’re busy and when they’re not busy. If

I said, absolutely,” Willett said. “And now the

they’re having a personal bad day, you don’t want

farmers have gotten better organized with the

to try to sell them something different. You want

restaurants.”

to drop off their order and get out of their hair

She said she still goes to the farmers markets to

because they’re running their business, too.”

see what is available for the next week. But to get

Local farming has long been on the mind of Ben

the food physically to her restaurant, she uses

Smith, the owner and chef of Cooper Young’s

Wes Riddle pointed to a huge plot of brown land.

her cellphone, not her Pathfinder. Fresh, local

Tsunami restaurant, ever since he got two free

food for her customers is but a text message away

“We can go all the way back to that house out

cases of heirloom tomatoes from a Ripley farmer.

and more local growers are showing up at the

there,” Riddle said, pointing up to a white,

He told Smith he “couldn’t give them away”

backdoor of her restaurant to help her put food

clapboard structure in the distance. “So, we

because everyone wanted that famous, perfectly

on the table.

probably have about 10 acres out here for us.”

round Ripley tomato.

“It’s been amazing to see in the last 13 years

Smith hauled the tomatoes — Mexican Midgets

where this area has evolved as far as the farmers

classroom. He’s a co-founder of Roots Memphis

or Zebra Stripes, maybe — promptly back to his

being a huge part of the restaurant,” Willett said.

Farm Academy, which seeks to train farmers not

Cooper Young kitchen and got to work. He sliced

only in growing crops, but in growing a business

One of those farms here is True Vine Farm

them up, put them on a plate and drizzled them

— a good and sustainable business.

in Rossville, Tenn., where Lisa Hart and her

with olive oil, basil, and cracked black pepper. He

husband, Frank, grow about four acres of

sold out of the tomatoes in a couple of days, “and

Smith said. “The whole other end of that chain is the chefs. We slice up a few tomatoes and put them on a plate and we’re geniuses. We get all the credit. I don’t think that’s fair.”

Farmers of the Future

The way Riddle looks at it, that 10 acres is a

His classroom is that 10-acre tract of farmland Cont’d on pg 31 16

SHARING the ROAD Shifting Gears in a Ridesharing World

By Ryan Jones IN MEMPHIS, it is nearly

of transportation. With ridesharing services Uber

technology, sleek marketing, and competitively

and Lyft entering the market with a resounding

affordable services. But because of the quick

splash, the future of urban transportation is

and enthusiastic acceptance of these companies,

being reshaped in Memphis and across the

lawmakers are faced with trying to regulate and

country.

police an industry that is trying to set its own rules.

are not a city known for efficient or easy-to-use

Uber and Lyft are finding quick success due to

Uber and Lyft state that they are not like

public transportation. It’s not surprising, then,

a lack of existing or desirable services from the

taxi companies. Rather, they contend they

that many have been looking for an easier means

taxicab industry, and their ability to appeal to

are technology companies that contract with

a younger demographic with their app-based

independent “partners” to do the driving, with

impossible to get from one place to another without hitting traffic. Despite recent strides in bike lanes and new visionary leadership at Memphis Area Transit Authority (MATA), we still

well-designed and secure apps as the interface a

innovative and easy-to-use rating system to parse

consumer uses to find one of these partners for a

out the bad drivers from their systems. Customers

ridesharing transaction. Accordingly, both Uber

can see the ratings of these drivers before

and Lyft feel they should not have to follow the

agreeing on a pickup or fare and can then rate

same rules and regulations as traditional taxicab

the drivers after their ride is over. At the same

companies.

time, drivers can select what fares they want to

It’s been a fast start and successful strategy for

accept, what areas of town they want to serve, and what hours they want to work.

both companies, especially Uber. San Franciscobased Uber, less than six years old, has expanded

A Roadmap of Issues

to 54 countries and 250 cities around the world, according to its website. The Wall Street Journal

Taxis are one of the most iconic and easily

reported in December that Uber was valued at

recognizable symbols of city life. Successfully

more than $40 billion.

hailing a cab in a big city is one of the ways to

Lyft operates in 60 American cities, but none

show you’ve “made it” as a true urbanite. Yet for

overseas. It has been in talks to raise about

all of their stature in America’s urban lore, the

$250 million in new financing, putting a $2

taxicab industry is being quickly outpaced and

billion valuation on the three-year-old start-up.

overwhelmed by these new competitors and their

This represents a 100-percent increase in value

fans, particularly in cities like Memphis that have

over the last year for the smaller of the two

been underserved by taxis and other forms of

ridesharing services.

public transit. Many of the complaints lodged against

How It Works

ridesharing services pertain to safety, permits, background checks, insurance, and registration

Drivers sign up to be independent partners

fees. Taxicab drivers in Memphis must comply

with both Uber and Lyft. They access customers

with all of those details and fees. But taxi industry

through a smartphone app, already uploaded

representatives here say that Uber and Lyft have

on customer phones or mobile devices, which

gotten a free pass, by operating beyond the reach

provides the partner with the customer’s location and credit card information for payment. The customer logs into the app and requests a ride from the nearest available driver, the company takes approximately 20 percent of the charge

Uber customers log into the app and request a ride from the nearest available driver; the company takes approximately 2 percent of the charge off the top and the driver keeps the rest.

off the top, and the driver keeps the rest. This arrangement has the added benefit of eliminating both the need to carry cash and the

of the city’s traditional rules and regulators, like the Memphis Transportation Commission, which has oversight over the rest of taxi industry. In Memphis as of this writing, a taxi driver would have to undergo a fingerprint-based background

commercial use of their vehicles.

check, carry a commercial insurance, and pay a number of expensive registration fees before

surprise of a high fare. It’s safer for the drivers

Both Uber and Lyft drivers are required to have

being permitted to operate. Uber and Lyft

and more convenient for customers.

a valid driver’s license, up-to-date insurance, and

drivers, however, are not required to register

a DMV background check, criminal background

their vehicles with the city, pay traditional

check, and car inspection. For Uber, drivers must

registration fees, or go through city-led

be at least 23 years old and have a four-door

background and safety checks. The companies

car, 2003 or newer. For Lyft, drivers must be at

themselves conduct their own background

least 21 years old and have a four-door car, 2001

checks, which they claim are more rigorous than

Drivers themselves are responsible for all of the upkeep and operational expenses of their vehicles. But few drivers carry commercial insurance for their vehicles, raising the possibility of insurance fraud for not disclosing the

or newer. Additionally, both companies use an 18

in a recent interview with the Memphis Flyer. "They're everyday residents who are able to, after passing our rigorous background checks, drive when they have the time, to make ends meet." Uber and Lyft already require more stringent background checks than the city requires, according to company representatives. The city would prefer to use fingerprints to check for criminal records, but Uber and Lyft’s current method of using credit checks lets the company know both criminal records and pending crimes. “We are not anti-regulation in any capacity,” said Billy Guernier, GM for Regional Expansion at Uber. “We are simply for regulation that makes sense. In a lot of cities, it is just a case of the laws having to adapt to transportation network companies as a new entity that does not make sense in the old structure of their regulations.” Memphis City Councilman Kemp Conrad has been a key figure in the local efforts to find a middle ground with ridesharing services.

As the ordinance currently stands at the time of this writing, ridesharing providers would be required to certify under oath that they had

most cities’ efforts, and drivers carry their own

these services here,” said Councilman Conrad.

insurance on their vehicles.

“It would be devastating to Memphis and our

The ridesharing industry got off to a bumpy

citizens. These services have just become a basic

start in Memphis. In the summer of 2014, the Memphis International Airport informed Uber

expectation amongst business travelers, young people, and tourists when visiting or considering

performed background checks, and would also make personnel records available to the city on request, according to Conrad. The new ordinance would also set up a standard insurance model that all ridesharing services must follow and would ban the drivers from accepting on-

and Lyft that their drivers would not be allowed

relocating to a major city like Memphis.”

to pickup or dropoff customers at the airport

One problem area involves the submission of

come through the companies’ smartphone-based

and issued cease and desist letters to Uber and

drivers’ personal information to the city. Both

apps. Additionally, to operate in Memphis, Uber,

Lyft, which both companies ignored. Talks and

Conrad and the ridesharing representatives

Lyft and other ridesharing companies will have

negotiations finally began, but as in other cities

have said it’s unrealistic to expect Uber and Lyft

to pay a $15,000 registration fee every calendar

across the nation, it has not been as fast or easy to

drivers to meet the same standards as taxi and

year except the first, which will be pro-rated.

adapt existing policies and regulations to the new

limousine drivers, because they are often just

Ridesharing companies also will have to “provide

ridesharing industry.

part-time employees with other full-time jobs.

for and require” the annual inspection of their

Memphis City Councilman Kemp Conrad has

Chelsea Wilson, a spokeswoman for Lyft, said

drivers’ vehicles and give the city annual reports

been a key figure in the local efforts to find a

they worked with the city to help draft the

showing rider pickup and dropoff patterns, cost

middle ground. Conrad worked for months to

ordinance.

of trip and length of trip.

finalize the details of a proposed ordinance and

"We're not opposed to regulation. We want to

In addition to being a popular service for young

make sure that any regulations recognize the

professionals and law students, ridesharing

difference in our model and understand that our

services also serve as an easy way to supplement

drivers are not professional drivers," Wilson said

income for those with spare time. However,

amendment that would update taxi and limousine regulation for the new transportation era. “It would be an absolute travesty if we lose 19

the-street hailing, meaning that all fares must

stricter regulations and increased costs could

taxicab companies. Under the new legislation,

in the summer of 2013, but their contact was

bring about a decrease in the amount of drivers

ridesharing services must now adhere to 22

still very limited more than a year later. After

locally. “If Memphis enacts laws and fees that

different guidelines for operation, such as

initial attempts at legislative change stalled

make my costs increase, or cause Lyft to pay me

displaying a decal or logo, and the companies will

in September 2013, Uber moved on to easier

less, then I might not drive for them anymore,”

be required to pay an initial $5,000 application

markets nearby, such as Vancouver, Washington,

said Memphis Law 1L and part-time Lyft driver,

fee, then a $3,500 fee per year after that,

just across the Columbia River from Portland.

Charlesa Stoglin. “Drivers pay for their own gas

substantially higher than what taxi companies

and car maintenance, so the lower I can keep my

pay.

In fall 2014 however, Uber began to take a

overhead costs, the better.”

Chattanooga also formed a Passenger Vehicles

launch of their services in four Portland suburbs

For Hire Board to regularly audit a sample of the

– Beaverton, Tigard, Gresham, and Hillsboro

ridesharing company’s records and to inspect

– Uber’s presence in and around the Rose City

drivers’ insurance records, background checks,

began to bloom. The most popular destination

and vehicle inspection reports. The board also

for these suburban rides was metro Portland,

has the authority to investigate complaints

meaning that riders could get into the city via

against individual drivers. The Chattanooga City

Uber, but not back out. This led suburban and

Council plans to review this new ordinance after

Vancouver residents to turn up the pressure on

six months and again after a year.

Portland officials to allow Uber to operate within

Catching a Ride in Other Cities Local and state governments across the nation are attempting to grapple with the same issues. Some, such as St. Louis and Ann Arbor, Mich., have taken a stance similar to Memphis, issuing cease and desist orders, impounding or towing vehicles, and issuing fines to the drivers themselves. Others have taken the decidedly

the city itself. Portland was surrounded.

opposite approach and made concerted efforts

Portland

to provide Uber and Lyft free rein to operate as

On paper, Portland and Uber seem like a perfect

they see fit. For instance, North Carolina recently passed a law prohibiting cities and municipalities from regulating “digital dispatch” services, thereby permitting the new ridesharing services to freely operate anywhere in the state without adhering to existing taxicab ordinances. Other cities fall somewhere in the middle.

Chattanooga As in Memphis, Uber took Chattanooga by storm with no regard for existing laws and regulations, with the familiar argument that they did not fall into the traditional category of taxi services. The local police department decided to delay citing drivers until the local City Council could consider legislation. The Chattanooga City Council approved new rules for both taxis and ridesharing companies. That legislation created new guidelines for companies like Uber and Lyft, while adapting and loosening some existing rules that apply to

renewed interest in Portland. Beginning with the

match. The city is tech-savvy, trendy and popular amongst a younger and creative demographic, while not being quite dense enough to need or support citywide, blanket, taxi coverage. Residents, and city leaders, often praise the new “sharing economy,” with Portland Mayor Charlie Hales even writing an op-ed for the Oregonian touting the city’s support for the idea. “Portland's sharing economy began more than 100 years

In early December 2014, Uber used this groundswell of citizen support as a catalyst for announcing that it was going forward with a launch of its full Uber service in Portland on Dec. 5. Uber, however, encountered especially strong opposition from Portland officials. The city announced that Uber drivers would be fined at amounts starting at $2,250 for the first offense, with the company itself facing a $1,500 fine for each driver the city catches in the act of breaking the law.

ago. From our renowned library system to our

Only a few days after Uber’s Portland launch,

pioneering of open source code, Portlanders

the city formally sued the company, asking a

have lived the ethos of the sharing economy

Multnomah County judge to order the company

for decades. Our values reflect our love of

to stop operating until City Hall granted Uber

community and our neighbors, our progressive

permission. Rather than mounting an offensive

nature and our willingness to try new things,” says

while continuing operations, however, Uber

Hales in his Oregonian editorial. “The sharing

opted to negotiate a truce. In a first-of-its-kind

economy is rooted in those same old values,

outcome, Uber agreed to remove its services

married to new technology.”

from Portland for three months to give city

It is therefore surprising that Uber has found Portland to be its most challenging market.

officials time to rewrite rules that would govern the new ridesharing and the traditional taxi

Uber and Portland first started discussions Cont’d on pg 30 20

TRUE BLUE INTERVIEW

MICHAEL JOINER (JD ’09)

A MICHAEL JOINER (JD ‘09) took a number of different roads on his way to becoming an attorney. With stops in Montreal, Quebec City, Washington, Florida, the University of Mississippi in Oxford (Ole Miss), Frayser, and ultimately back in Memphis, Joiner has a well-traveled and diverse résumé with a breadth of experiences to go along with it.

Beginning with stints at the University of Florida

City. During these commutes, he had much time

and Alcorn State for baseball, Joiner completed

to contemplate his future and realized he had a

his undergraduate degree in Memphis at

true passion for settling arguments and disputes

Lemoyne-Owen College and then transitioned

and the law itself. He decided to head back

into a job as a French teacher at Frayser High

to the Mid-South and attend law school at the

School while he worked on his master’s degree

University of Memphis. Here, he excelled both

in education leadership at Ole Miss. Soon after

academically and extracurricularly, receiving

graduating from Ole Miss with a 4.0 GPA, baseball

a number of prestigious scholarships, being a

once again beckoned to him and he moved to

member of the Law Review, and serving as the

Washington to work as an athletic director.

Chief Justice of the Moot Court Board.

After several years as an athletic director and

Since 2009, Joiner has worked for the law firm

teaching in the Pacific Northwest, Joiner was

of Rainey, Kizer, Reviere & Bell in the areas of

presented with an opportunity to travel across

litigation, employment law, insurance coverage and

the United States and Canada, with a particular

general insurance defense. He’s also an involved

emphasis on the French-speaking provinces of

board member of the University of Memphis

Canada. Working as a long-haul truck driver

School of Law Alumni Chapter and on the regional

for a trucking and transportation company, his

board of directors for his fraternity, Kappa Alpha

French would serve him well — traveling to the

Psi. Perhaps most important of all, he’s a devoted

smaller towns outside of Montreal and Quebec

father to his 15-year-old daughter, Jamya.

Family is an important part of Joiner’s life.

His daughter, Jamya, is very active in a variety of extracurricular activities that keep them both very busy.

Michael is currently an active member of seven bars: Tennessee, Mississippi, Arkansas, Missouri, Kentucky, Alabama, and Washington, D.C. He took and passed all of the bar exams within a two-year period after law school.

A proud member of Kappa Alpha Psi

fraternity, he is member of the Southwestern Province board of directors and represents the state of Arkansas for Kappa Alpha Psi.

While in law school, he was a member of the Student Bar Association (SBA), of which he served as VP during his 2L year, was the chief justice of the Moot Court Board and a member of Law Review. He also won the freshman moot court competition during his 1L year.

He excelled both academically and extracurricularly, and was recognized during

his 3L year for his hard work, winning the Outstanding Pupil Award from the Leo Bearman Jr. American Inns of Court.

A great deal of his work at Rainey Kizer focuses on workers’ compensation issues in Mississippi and Tennessee. It’s the kind of work that Joiner finds fascinating and always evolving. 22

BUILDING

A LEGAL HISTORY PHOTOS BY CHIP CHOCKLEY AND RYAN JONES

BY RYAN JONES The buildings in Memphis tell a story about our legal community that delves into the city’s history and takes us all the way up to the present-day. From imposing historical structures like the Shelby County Courthouse and the former U.S. Customs House and Federal Courthouse, to Burch Porter’s renovation of the Tennessee Club Building, the law school’s new home downtown, and the recent eastern migration of firms like Butler Snow into modern offices in areas that were once far-flung suburbs of Memphis — there is a progression of the legal community and its history that can be seen through our wonderful buildings, each of which has its own story to tell.

SHELBY COUNTY COURTHOUSE Designed by Architect James Gamble Rogers and dedicated on Jan. 1, 1910, the Shelby County Courthouse is the largest and most ornate in Tennessee. Until 1966, this Neoclassical building housed the executive and legislative chambers of Memphis and Shelby County Government, as well as state and local courts. Beginning in 1984, an eight-year renovation resulted in refurbished courtrooms and offices for Circuit, Probate, and Chancery Courts and the Civil Division of General Sessions Court. Many fine details were preserved and augmented, including mahogany doors and paneling, brass door knobs embossed with the County seal, and walls, pilasters, and flooring comprised of seven varieties of marble.

ORIGINAL SHELBY COUNTY CRIMINAL COURT

(NOW SHELBY COUNTY ARCHIVES)

This building opened in 1925 as the Criminal Courts Building, housing two divisions of Criminal Court, a 300-bed county jail, and various offices. The limestone exterior features several design elements of the Renaissance, including massive scrolls at the setback for the upper floors modeled on those at the Church of Santa Maria Della Salute in Venice. Interior hallways and central staircase are faced with pink-and-darkcedar Tennessee marble. Notorious criminals incarcerated here include “Machine Gun” Kelly, the FBI’s 1933 “Public Enemy No. l” and James Earl Ray, convicted assassin of Dr. Martin Luther King Jr. After the Shelby County Criminal Courts and jail moved from here in 1982, this National Register Historic District building stood empty until 1998, when extensive renovations were completed and it reopened as the Shelby County Archives and Hall of Records.

MEMPHIS CENTRAL POLICE STATION Before 201 Poplar, there was 128 Adams. The old Memphis Police Station — a six-story, marbleclad monolith — housed courts, police offices and the city jail from 1911 until 1982 when consolidation moved city and county services under the roof of the Criminal Justice Center at 201 Poplar. The historic building, with parts constructed in 1911, 1954, and 1961, now sits empty and awaits an enterprising and innovative individual or entity to return the northwest corner of Adams and Second to its former glory.

THE PILLOW MCINTYRE HOUSE AT 707 ADAMS AVENUE The two-story Greek Revival home was built in 1852 by C.G. Richardson. General Gideon Johnson Pillow, a general in the Mexican War and the Civil War, purchased the house in 1873. In 1880, Peter McIntyre, founder of the first glucose refinery in Memphis, purchased the home. The home has served as a law office for various Memphis attorneys and firms for many years.

TENNESSEE CLUB/BURCH PORTER JOHNSON BUILDING The firm of Burch Porter & Johnson is located in what some might consider two of the most architecturally and historically significant buildings in the South. The Tennessee Club Building (130 North Court) was built in 1890, having been chartered 15 years earlier to establish a library and art gallery, foster scientific debates, and act as a social club. It was visited by many of the most prominent people of the time, including Presidents William H. Taft and Theodore Roosevelt. From the front steps, Carrie Nation made a speech condemning alcohol, and political boss E.H. Crump is said to have controlled the city from the dining room. The Goodbar Building (128 North Court) also was constructed in 1890. In addition to its builder, Colonel William F. Taylor, past tenants have included the Overton and Overton real estate brokerage firm, whose principal, John Overton Jr., was the grandson of Judge John Overton, co-founder of the city of Memphis. It has been home to Burch, Porter & Johnson since 1970.

Cont’d on pg 33 24

ALUMNI: SETTING THE BAR

1971

David C. Porteous was selected by his peers for inclusion in The Best Lawyers in America 2015 for real estate law. This is his third year for inclusion.

1972

Richard Glassman has been admitted to the Litigation Counsel of America as a fellow. The Litigation Counsel of America is the trial lawyer honorary society, composed of less than one-half of one percent of American lawyers.

1975

Hayden Lait has been named 2014-2015 Memphis Mediation Lawyer of the Year by Best Lawyers. Only a single lawyer in each practice area, in each community is honored as Lawyer of the Year.

1976

David J. Harris, of the law firm Burch, Porter & Johnson, was selected for inclusion on the 2014 Mid-South Super Lawyers list in business administration.

1977

The American Institute of Family Law Attorneys honored Larry Rice of Rice, Amundsen & Caperton, PLLC, as One of the Ten Best for Client Satisfaction for the second year in a row.

Dale H. Tuttle, shareholder in Glassman, Wyatt, Tuttle and Cox, P.C., has been selected for inclusion in the 2015 The Best Lawyers in America for his work in the practice area of insurance law. Mr. Tuttle practices primarily in the area of insurance law, insurance defense and products liability.

1978

A. Wilson Wages and co-counsel received a unanimous decision from the Tennessee Supreme Court in West v. Shelby County Healthcare Center, successfully arguing that hospitals cannot maintain liens after bills are paid in full.

1979

Pauline Weaver has been elected secretary of the Government and Public Sector Lawyers Division of the American Bar Association. Additionally, she was recently named as co-chair of the Women in Criminal Justice Committee for the Criminal Justice Section and chair of the Public Education Committee for the Individual Rights and Responsibilities Section, both of the ABA.

1980

W. Kerby Bowling was selected by his peers for inclusion in The Best Lawyers in America 2015 in the fields of administrative/ regulatory law. This is his third year for inclusion. He is also on the board of the National Foundation for Transplants. Jim Miller was recently included among Top Lawyers by 5280, the city magazine in Denver. He currently maintains an ADR practice arbitrating and mediating nationally and internationally through the JAMS Denver, Colo., office.

1981 25

Frank N. Stockdale Carney was selected by his peers for inclusion in The Best Lawyers in America 2015 in the area of employee benefits. This is his fifth year for inclusion.

1982

Russell J. Hensley was selected to serve on the board of trustees for Christian Brothers University; selected by his peers for inclusion in The Best Lawyers in America 2015 in the fields of corporate law as well as mergers/acquisitions law. This is his eighth year for inclusion. The Association of Women Attorneys (AWA) selected Tennessee Supreme Court Justice Holly M. Kirby as the 26th recipient of the Marion Griffin-Frances Loring Award for outstanding achievement in the legal profession.

1983 1984 1987

Danny Kail has been appointed the chief administrative officer of the Shelby County Criminal Court Clerk’s Office. Barry Staubus was re-elected as district attorney general for the 2nd Judicial District of Tennessee (Sullivan County).

Joseph T. Getz was selected by his peers for inclusion in The Best Lawyers in America 2015 in the fields of construction law and construction litigation. This is his fifth year for inclusion. He was named a 2014 Mid-South Super Lawyer in the field of construction law.

LeeAnne Marshall Cox, with Burch, Porter & Johnson, was selected for inclusion on the 2014 Mid-South Super Lawyers list in banking. Russell Fowler has been named as associate director of legal aid of East Tennessee (LAET) and also currently serves as an adjunct professor of political science at the University of Tennessee at Chattanooga. Elizabeth (Beth) Stengel is currently serving as the 2014-2015 secretary of the Tennessee Association of Construction Counsel. As the immediate past chairman of the Tennessee Bar Association Construction Law Section, she is on the executive committee for the section; and selected as a 2014 Super Lawyer in field of construction law.

1988

Les Jones, of the law firm Burch, Porter & Johnson, was named to the 2014 Top 50 Memphis Super Lawyers list, the 2014 Mid-South Super Lawyers Top 100 list, and the 2014 Mid-South Super Lawyers list in personal injury medical malpractice: plaintiff.

1989

Lisa Rivera, former assistant U.S. attorney with the United States Attorney’s Office for the Middle District of Tennessee, has joined Bass, Berry & Sims as a member in the firm’s health care fraud practice.

1993

Caren Beth Nichol was selected by her peers for inclusion in The Best Lawyers in America 2015 in the field of commercial litigation. This is her third year for inclusion. She was named a 2014 Mid-South Super Lawyer in the field of family law and a Family Law Power Player in MBQ magazine.

1995

Joe Leibovich, a member of and employment law chair with Shuttleworth Williams, PLLC, has been appointed to the mediation panel for the United States District Court for the Western District of Tennessee. Mr. Leibovich was also recently selected to serve as easurer of the Labor and Employment Section of the Memphis Bar Association.

1996

Michael J. Mills has joined Nashville metro area HALO Realty as a realtor broker specializing in sales of properties from couples divorcing or properties being probated in estates. Michael continues his law practice as general legal counsel for Brentwood-based Athens Title & Escrow.

2005

Aaron J. Nash was named a shareholder at Evans Petree in September 2014 and named Bankruptcy Counsel of the Year by TD Auto Finance, LLC, as part of the firm’s Creditor Rights/Insolvency Group. The award was given for superior overall performance and strategic bankruptcy litigation victories.

Kevin Snider, founding attorney of Snider & Horner, PLLC, was recognized for the second year in a row, as one of the top trial attorneys in the United States by being selected for membership into The National Trial Lawyers: Top 100 Trial Lawyers. Also, Mr. Snider was selected for the sixth year in a row, for inclusion and listing in the highly esteemed Mid-South Super Lawyers magazine as a Super Lawyer. In addition, he has been awarded the highest attorney rating achievable (“AV”) by the Martindale-Hubbell Legal Directory which has recognized him as a highly respected and ethical member of the bar.

1997 1998

Lewis W. Lyons, of Glassman, Wyatt, Tuttle & Cox, P.C., was named a Rising Star in general civil litigation for the third consecutive year by Mid-South Super Lawyers and Memphis magazine.

Brian L. Yoakum was selected by Super Lawyers magazine as a Rising Star in the field of litigation in 2014; member of the board of directors of the Touchdown Club of Memphis, the executive leadership team of the Memphis Chapter of the American Heart Association, and the board of directors and the executive committee of Mid-South Spay & Neuter Services.

Tanja L. Thompson has been appointed as office managing shareholder of the Memphis office of the Littler Mendelson law firm.

Ronald T. Catelli became president-elect of the Monmouth Bar Association, and will become president in May 2015.

2001

Jacob C. Zweig, of Evans Petree, was named Bankruptcy Counsel of the Year by TD Auto Finance, LLC, as part of the firm’s Creditor Rights/Insolvency Group. The award was given for superior overall performance and strategic bankruptcy litigation victories.

2006

George V. “Harley” Steffens, IV was named a shareholder at Evans Petree in September 2014. He was appointed to the board of directors for the Mid-South Food Bank in January 2014.

2003

Kyle Cannon, of the law firm Glassman, Wyatt, Tuttle & Cox, P.C., was selected as a Rising Star in the area of workers’ compensation by MidSouth Super Lawyers for 2014.

2009

Melisa Moore, of the law firm Burch, Porter & Johnson, was named as one of the Top 40 Under 40 for 2014 by the Memphis Business Journal.

2010

Chase Fisher, as of fall 2014, has been working as in-house counsel for Community Health Systems.

Robert J. Fehse, of Evans Petree, was named Bankruptcy Counsel of the Year by TD Auto Finance, LLC, as part of the firm’s Creditor Rights/Insolvency Group. The award was given for superior overall performance and strategic bankruptcy litigation victories. The American Institute of Family Law Attorneys honored Nick Rice of Rice, Amundsen & Caperton, PLLC, as one of the Ten Best Under 40 for client satisfaction for the second year in a row.

Roger Scruggs has joined the firm of Littler Mendelson as an associate attorney in their Nashville office.

Kandace C. Stewart, of Evans Petree, was named Bankruptcy Counsel of the Year by TD Auto Finance, LLC, as part of the firm’s Creditor Rights/Insolvency Group. The award was given for superior overall performance and strategic bankruptcy litigation victories.

2004

Keith P. Allen has joined the Schuerenberg Law Firm in Sikeston, Missouri. Beth Buffington was selected by Super Lawyers magazine as a Rising Star in the field of family law in 2014. L. Clayton Culpepper III was selected by Super Lawyers magazine as a Rising Star in the field of litigation in 2014. Bert A. Echols, III, of Evans Petree, was named Bankruptcy Counsel of the Year by TD Auto Finance, LLC, as part of the firm’s Creditor Rights/Insolvency Group. The award was given for superior overall performance and strategic bankruptcy litigation victories. Greg Pease, a member of Sherrard & Roe, PLC, in Nashville, was honored as a 2014 Mid-South Rising Star by Super Lawyers magazine in the areas of business/corporate law.

Rachelle Gallimore-Scruggs has been named as the director of the Metro Office of Conservatorship Management for the department of the State Trial Courts for Nashville and Davidson County.

Shea B. Oliver, of the law firm Burch, Porter & Johnson, was selected for inclusion on the 2014 Mid-South Rising Stars list in intellectual property litigation.

2012 2013 2014

Steven Medlock and Drew Plunk recently founded the law firm of Beaty, Medlock & Plunk in Memphis, Tenn.

Tamara Davis Mills has been named as in-house counsel and compliance specialist for RINtrust. As of September 2014, Chase Teeples has been serving as a judicial law clerk to the Hon. William O. Bertelsman, senior district judge at the United States District Court for the Eastern District of Kentucky.

Jennifer Mayham was awarded the Law Student Volunteer of the Year Award, the state’s top award for law student pro bono work by the Tennessee Bar Association, at the 2015 Public Service Luncheon at the War Memorial Auditorium in Nashville.

IN THESE HALLS: FACULTY ACCOMPLISHMENTS JEREMY BOCK Professor Bock attended the second annual Roundtable on Empirical Methods in Intellectual Property at IIT Chicago-Kent College of Law. He was also a panelist at the Leo Bearman Sr. American Inn of Court program, “A Case For and Against Patent Reform.” Professor Bock also published an article in the University of Richmond Law Review, entitled “Does the Presumption of Validity Matter? An Experimental Assessment.” RALPH BRASHIER Professor Brashier’s article, “Conservatorships, Capacity, and Crystal Balls,” was the lead article in the first issue of volume 87 of the Temple Law Review (fall 2014). The second edition of Professor Brashier’s book, “Mastering Elder Law,” was published by Carolina Academic Press in January 2015. In February, Professor Brashier and Shelby County Probate Judge Kathleen Gomes headed a legal-musical presentation on elder financial abuse, entitled “Probate: How to Catch a Thief,” before the Leo Bearman Sr. American Inns of Court. AMY CAMPBELL Professor Campbell published a chapter in the Handbook of Community Sentiment. Her chapter was entitled “Is There a Therapeutic Way to Balance Community Sentiment, Student Mental Health, and Student Safety to Address Campus-Related Violence?” She also made a presentation, entitled “Embedding a Longitudinal Experience in Public Health Law/Policy in the Academy & Community,” at the APHA 2014 annual meeting in New Orleans, Louisiana in fall 2014. DONNA HARKNESS Professor Harkness’s article, entitled “Bridging the Uncompensated Caregiver Gap: Does Technology Provide an Ethically and Legally Viable Answer,” was published in the spring 2015 edition of The Elder Law Journal. D.R. JONES Professor Jones was invited to be a speaker on copyright law at the Wake Forest School of Law Intellectual Property in the Digital Age Symposium. The symposium was in February 2015. Professor Jones discussed fair use issues and issues concerning the resale of digital works. Professor Jones’ article entitled “Law Firm Copying: An Examination of Different Purpose and Fair Use Markets” will be published in the winter issue of the South Texas Law Review. In February 2015, Professor Jones presented a paper topic, “Libraries, Contracts and Copyright” at the 2015 Works-in-Progress Intellectual Property Colloquium (WIPIP) held in Alexandria, Va., at the U.S. Patent and Trademark Office. DANIEL KIEL Professor Kiel recently had a chapter published in a book entitled “Law & Educational Inequality: Removing Barriers to Educational Opportunities.” His chapter, “Equity Through Differentiation,” examines the foundation and merits of

27 27

the claim that equity can be achieved by providing more individualized educational opportunities by granting greater autonomy to individual school leaders. The book was published in spring 2015. BARBARA KRITCHEVSKY Professor Kritchevsky gave a presentation entitled “Moot Court Judging: The Good, the Bad, and the Ugly,” at the Moot Court Conference held at Marquette Law School. She was also a panelist at the same Moot Court Conference, serving on a panel entitled “Teaching Brief-Writing: Some Successful Approaches.” Professor Kritchevsky gave a talk on “Section 1983: The First 120 Years” at the Memphis Law CLE “Under Color of Law: Excessive Force and 42 U.S.C. Section 1983” held at Memphis Law School in the fall. ERNEST LIDGE Professor Lidge’s article, “The Necessity of Expanding Protection from Retaliation for Employees Who Complain about Hostile Environment Harassment,” was published in the Louisville Law Review. Professor Lidge also served as a presenter on a panel at the ABA Practice and Procedure Under the National Labor Relations Act Committee Meeting, Region VIII. The panel topic was “NLRB Rulemaking: Proposed Amendments to Election Procedures.” Professor Lidge was also a presenter at the Association of Administrative Law Judges Annual Conference, where he spoke on the topic, “Legal Ethics for Administrative Law Judges.” ANDREW JAY MCCLURG Professor McClurg’s article, “In Search of the Golden Mean in the Gun Debate,” will be published in volume 58 of the Howard Law Journal as part of a symposium, “Rights vs. Control: America’s Perennial Debate on Guns.” In fall 2014, Professor McClurg gave a presentation entitled, “To Heller High Water: Gun Laws and the Constitution,” to the Memphis Chapter of the Inns of Court. STEVE MULROY Professor Mulroy has an upcoming article being published in the Willamette Law Review, entitled “Sunshine’s Shadow: Overbroad Open Meetings Laws as Content-Based Speech Restrictions Distinct From Disclosure Requirements.” Professor Mulroy presented a paper in March at the Sorbonne in Paris, as part of the International Symposium on Freedom of Information & Governmental Transparency in the Open Government Era, University of Paris 1 Pantheon-Sorbonne. His paper, “Sunshine’s Chill: Overbroad American Open Meetings Laws and the Limits of Disclosure,” which takes a comparative approach, will be published in the book produced as part of the symposium.

DANIEL SCHAFFZIN Professor Schaffzin’s essay, “So Why Not An Experiential Law School ... Starting With Reflection In The First Year,” was published in volume 7 of The Elon Law Review (winter 2014-15). Professor Schaffzin served on the Planning Committee for the Southern Clinical Conference at William & Mary Law School. At the conference he co-presented a concurrent session entitled “Is Subjective Assessment an Indispensable Cornerstone of Clinical Legal Education? Exploring the Role that Subjectivity Should Play in the Evaluation of Law Clinic Students.” Professor Schaffzin co-presented a concurrent session entitled “Excellent Public Housing Authority Approaches to Conducting Informal Hearings and Making Cost-Effective Use of Legal Services” at the National Association of Housing and Rental Organizations’ 2014 national conference & exhibition in Baltimore, Md. In October 2014, Professor Schaffzin co-presented a CLE entitled “Medical-Legal Partnership in Memphis.” KATHERINE T. SCHAFFZIN Professor Schaffzin’s article, entitled “Beyond Bobby Jo Clary: The Unavailability of Same-Sex Marital Privileges Infringes the Rights of So Many More than Criminal Defendants,” was published in the University of Kansas Law Review. Professor Schaffzin was cited very prominently by the Supreme Court of New Jersey in the case O’Boyle v. Borough of Longport, as it broadly adopted the common interest doctrine. Professor Schaffzin was also elected as treasurer of the American Association of Law Schools (AALS) Section on Litigation and is serving as Provost’s Fellow for the University of Memphis during the spring semester.

WHICH LAW SCHOOL BOASTS THE #1 RANKED FACILITY? Just five years after relocation, we’re proud that our Cecil C. Humphreys School of Law was named top facility in the nation.* But ask any U of M law student or graduate and they’ll tell you that here, an education is measured in more than world-class facilities. It’s measured in the kind of practical, real-world opportunities and experiences only Memphis provides.

CHRISTINA ZAWISZA Professor Zawisza presented a session on “Children in the Courtroom” at the 40th annual meeting and conference of the National Association of Administrative Law Judiciary, held in Memphis last fall.

FACULTY PROMOTIONS

*PreLaw, 2014

ALENA ALLEN Professor Allen was promoted to associate professor in 2014.

DANIEL KIEL Professor Kiel was awarded tenure in 2014.

LEE HARRIS Professor Harris was promoted to full professor in 2014.

of of

Driven by doing. 28

FAMILY

CONCEPT(ION) A Look at the Changing Concept of the Family and How It is Legally Defined By Professor Lynda Black

for adoption. For some, family creation is limited

to parentage for men that are not available to

by infertility, by the legal restrictions on marriage,

women. Together, these two imperfections have

or by the absence of an available, adoptable

mounted difficult legal obstacles for an intended,

child.

genetic mother to secure her legal rights as

Thanks to ART, family creation now requires

parent of her child unless she also gave birth to

neither the cooperation of two fertile parents

the child.

nor an existing adoptable child. While a single

Arguably, neither childbirth nor a genetic

infertile individual may orchestrate the making

link to the child should determine maternity

of a child using ART, ironically the number

conclusively. ART requires that parentage laws

of participants in the procreative process

be modified to recognize the intent to parent.

has increased from the biologically required

One might assume that the deference to the

minimum of two to as many as six. So which ones

gestational mother would be revoked by a

of these various participants are family? Good

surrogacy contract which clearly sets forth the

question. The law’s ability to allocate parental

gestational mother’s role as birthing agent to

rights and responsibilities is hampered by the

someone else’s child. However, in a recent case,

existing legal framework for parentage, which

the Tennessee Supreme Court awarded shared

is rooted in a two-parent paradigm of one mom

custody of a child created through ART to the

and one dad. With ART, the two-parent paradigm

surrogate mother and the biological father

is shattered.

(whose sperm was used to fertilize the surrogate’s

When advances in science outpace revisions to

egg). The Court did not recognize the parentage

the domestic relations laws, strict application of the law to novel facts may yield unfortunate

FAMILY CREATION is certainly not what it used to be. Assisted reproductive technology (ART) has assisted not only the infertile couple but also same-sex couples, singles, and older individuals. What was once attributable to exactly two individuals, scientifically required to be one male and one female, parentage has evolved scientifically (and must evolve legally) to encompass a plethora of individuals claiming the title of parent.

judicial decisions. One example is in the determination of maternal parentage rights. Two glaring flaws present in the parentage statutes of most states have created, albeit unintentionally, a statutory structure that fails to acknowledge the parentage of the biological mother of a child who used ART and surrogacy to create her family. The first defect is the false conflict artificially created between gestational mother and genetic mother. exclusive maternal rights. This rule makes sense as long as we are comparing the rights of a birth

various titles: friend, volunteer, lawyer, professor,

mother to strangers, but when we compare the

and author are a few titles that describe me.

birth mother’s rights to those of the biological

But, when I am asked to describe myself, most

mother of that same child, the inadequacy of the

of the titles that come to mind relate to my

rule demands scrutiny. The second defect is the

position in my family. I am a daughter, a wife,

unequal legal status of male and female genetic

and a mother. Being part of a family is extremely

parents created by gender-specific paternity

important to me. The law controls who your

statutes. Because there is no parallel to giving

family is by delineating one’s blood relations, the

birth for men, the law provides several routes

had hired the services of the surrogate). For surrogacy to become a viable option for family creation in Tennessee, the law must be modified to permit the surrogate’s pre-birth waiver of parental rights. Whether the Tennessee General Assembly chooses to redefine parentage using an intent test, a genetic test or a hybrid of the two, what is clear is that comprehensive legislative change is needed to clarify parentage in the case of technologically assisted human reproduction.

Under the common law, a birth mother holds the

The essence of each of us may be captured by

requirements for marriage, and the conditions

of the intended mother (who with her partner

Professor Lynda Black’s recent work in the Nebraska Law Review draws upon many of these issues and the impact the law will have on future definitions of family.

Cont’d from pg 20

industries. This was the first time Uber had voluntarily left a market.

Uber and Lyft’s lobbying efforts. Last summer,

reveals that increased ridesharing services can

the Illinois legislature passed a measure

save lives. According to the report, nearly four

requiring drivers who worked more than 36

in five (78 percent) respondents said friends

hours every two weeks for the company to get an

are less likely to drive after drinking when

official chauffeur’s license and commercial auto

ridesharing services like Uber operate in their

insurance.

cities. Additionally, 93 percent of people would

The bill overwhelmingly passed with bipartisan

recommend Uber as a safer way home to a

Uber and Portland city officials are currently

support, as well as that of the taxi industry and

drafting these new regulations, with leadership

insurance company representatives, achieving

on both sides stating that Uber will be operating

a veto-proof majority. Faced with losing the

in Portland by late spring.

lucrative Chicago market though, Uber brought forth its lobbying team. After organizing a

Industry Response

successful email campaign aimed at Governor

Uber and Lyft have traditionally called upon

petition, Uber got involved in the gubernatorial

their loyal customers to serve as their loudest voices, staunchest advocates, and most powerful lobbyists. Their constantly expanding list of smartphone-enabled customers provides an everready source of power for the companies when they are in need of citizen support. But behind the scenes, Uber and Lyft also employ highlypaid and highly-powered professional lobbyists to press their case in city halls and state capitals across the nation.

Pat Quinn, as well as an 80,000-signature online campaign, backing the Republican challenger, Bruce Rauner (who eventually won the race), and who publicly backed Uber. The lobbying team included an attorney who represented Chicago Mayor Rahm Emmanuel and other top Democratic leaders, a former Illinois Republican Party chairman, and the former chief of staff of then current Governor Pat Quinn. Uber’s efforts succeeded, when in August, Governor Quinn vetoed the bill. Uber lobbyists scored another

Uber has hired an impressive team of former

victory when, instead of overriding the governor’s

state legislators, upper-level political operatives,

veto, the legislature adopted a less severe (and

former political aides, and other well-connected

more favorable to ridesharing services) measure.

political movers and shakers. According to The

The new bill passed in late December.

Washington Post, Uber has hired no fewer than

Though it has less capital than its larger rival,

161 private lobbyists in at least 50 U.S. cities and states, all in the last two years alone. This is on top of the company’s already existing, and growing, policy office.

Lyft has not been standing idly by in the lobbying efforts. On the federal level, Lyft has hired two well-known Washington, D.C. lobbying firms to help fight an upcoming battle with

Uber hired former White House adviser David

Congress and the executive branch over how

Plouffe to lead its lobbying efforts in the fall

ridesharing services and the taxicab industry will

of 2014. Plouffe has powerful connections in

be regulated. By pushing for federal legislation

Washington, D.C., the White House, and within

to protect their business models, Lyft and Uber

the national Democratic Party and is widely

could bypass local governments and avoid

regarded as the main engineer of President

expensive, repeated local-level political fights.

Obama’s first presidential campaign.

Uber and Lyft may also end up saving lives. A

Various states have already felt the impact of

Mothers Against Drunk Driving (MADD) report

friend who had been drinking. In Miami, Uber ridership is peaking at the same time of night that historically has been the worst for drunken driving. In Pittsburgh, demand for Uber spikes at closing time for bars. In Chicago, three-fourths of Uber trips on New Year’s Eve were requested within one-eighth mile of establishments with liquor licenses.

The Road Ahead Memphis has a chance to take a forward-thinking approach on the modern transportation debate, a debate that is a much bigger issue than Uber or Lyft. “Transportation is a critical issue here and this is a very innovative way to address that issue,” said Conrad. “Ridesharing services like these are really helping to make car-pooling the norm. It’s a huge opportunity to improve our public transportation and gives us a unique alternative to our public transportation system here, while adding improved layers of safety as well.” The rapid growth of ridesharing services provided by companies such as Uber and Lyft has been a clear signal to cities across the nation that their citizens are not completely happy with their existing taxi and public transportation services. There will be a great deal of ongoing discussion surrounding the ridesharing industry as it continues to develop. Cities and their leadership will continue to examine their existing laws surrounding the transportation industry and update and modernize them accordingly.

Cont’d from pg 16 close to Agricenter International. Located on the property is a barn for large equipment, a shed for smaller equipment, and a long, steel-and-plastic greenhouse that resembles huge, half-buried pipe. Inside the greenhouse were long tables topped with thousands of black planting cells, some sprouting tiny, four-leafed sprouts of chard, kale, collards, and arugula. All of it was covered in long sheets of frost cloths to keep out the cold howling just outside the greenhouse. In the back stood Liam Boyd, tall, young, and bright-eyed. He was pushing tiny seeds of sorrel, into tiny cups of black soil. He’s in his second growing season as a Roots Memphis student with sights on turning his grandfather’s land near Eads into a working, profitable farm. “As a kid, I just wished I didn’t have to go to school and I just could do this,” Liam said, nodding his head toward the work before him. “I wouldn’t have to go to school and I wouldn’t have to leave the farm. I’d just be able to stay on the farm and make that my job.” In its second year, Roots Memphis now has eight students. Though maybe 20 students have

tried the program, some are cut. Before the

Local food, he said, is better for the environment

student-farmers ever hit the fields, they hit the

because it’s not trucked in from far away, is

books. They first have to devise a sustainable

better for the economy because food dollars are

business model before they ever get their hands

kept locally, and it’s better for the city because

in the dirt.

consumers support locals and get to know their

“We tell them, ‘you have to pencil a profit before

food and farm practices.

you can plow one’,” said Mary Phillips Riddle,

And Roots Memphis student-farmer Liam Boyd

a Roots Memphis co-founder and co-executive

gets all that.

director. “They have to know what their farm is going to look like and how it will support the lifestyle that they want.”

“I want to bring general prosperity to the area I grew up in,” Boyd said. “It’s in the country, so if you have a good job you have to drive to it … or

Riddle called the business curriculum a “crash

you go to college and try to get out of the whole

course in small business planning,” but the

area.

“number one indicator of success” in the Roots Memphis program. It’s a deliberate move to weed out potential students who just want to grow, Riddle said, because the school’s goal is to produce economically sustainable farms.

“I want to prove, at least to myself, that you can stay in that area and still make something constructive.”

all based on ethics and values and a new way of

Food Deserts in the Fresh Food World

doing things that is healthier for everybody,”

The 2008 Farm Bill defined a “food desert” as:

Riddle said. “But making it work in terms of the

“an area in the United States with limited access

dollars and cents of the movement, there’s a

to affordable and nutritious food, particularly

serious need for advancement and sophistication.

such an area composed of predominantly lower-

That’s what we’re trying to contribute.”

income neighborhoods and communities.”

Also, he said, while the number of local growers

Anyone driving around Memphis has seen one.

is increasing, a relatively small amount of the

There are usually dozens of houses, connected

food in Memphis is actually produced here.

with streets and sidewalks, a corner store and

“It’s a really romantic movement because it’s

a liquor store, and not much else. Your mental map takes you to the closest grocery store and you know that bananas (not banana Popsicles) are pretty far away. Back in 2011, the federal government sought to map these areas across the country using 2000 census data and a 2006 directory of supermarkets and large grocery stores. Looking at this data, the western part of Shelby County is pocked with food deserts. The desert farthest east was a swatch of land bordered basically by I-40, the Wolf River, and Whitten Road. But let’s consider a Midtown tract bounded by 31

McLean to the east, Watkins to the west, North

But if your city is full of people who just want

Parkway to the south, and Vollintine Avenue

to go to Chik-Fil-A all the time … that’s an an

to the north. The area scored points in the

actual choice about the kind of city they want

report for low income, limited access to

to live in.”

a grocery store within a half-mile of

A Fresh Food Trend?

homes, and limited access to a vehicle. Lots of children lived there at the time and lots of seniors, too. This area is

The fresh food trend seemed to

right in the middle of our city but, if

(as trends do) come almost out of

you wanted fresh food in the area, you

nowhere. The volume is high on the

really had to work for it.

trend now. But will it get louder? Will it fade away?

Much has been done since the report

To almost everyone interviewed for this

to quench food deserts here. Farmers markets have opened in key areas. (The

story, the answer was, of course, fresh

South Memphis Farmers Market cut the

foods (and farmers markets and farm-totable restaurants) are here to stay.

ribbon on a beautiful new facility in 2013.) Another example is the Green Machine Mobile

Local residents can

Food Market, a farmers market on wheels that

now get fresh fruits and

the Cooper Young Community Farmers Market,

brings fresh foods to food deserts around the city.

vegetables from locally

“especially as people get used to this kind of

But how are we doing on the issue? It’s hard to

Memphis Farmers Market.

grown farms at the South

know. People come and go, so do some markets.

“It’s absolutely staying,” said Dupuigrenet, of

eating and for their children. It becomes a part of life, not just a novelty of how we do things.”

But it’s a question that fits into discussions of

Sullivan, with the city of Memphis and the local

what’s ahead for the fresh food movement and

food council, said if it lasts anywhere, it’ll be in

urban agriculture in Memphis.

the South. brand on their menus, signs, and more.

What’s Ahead? Well, when it comes to food deserts, Maura Black Sullivan wants a map, much like the government map from 2011, but better. “I want a kind of heat map that shows you where those holes are,” she said. “Cities now have ‘walkability scores.’ How cool would it be to get your fresh food availability score? Well, there’s got to be some cool way to say that.” As for more farmers connecting with more restaurants, the state government just recently unveiled its Pick Tennessee Products Farm and Restaurant Certification Program. It will help those farmers find bigger, more local markets and allow restaurants to serve fresher food and market the Pick Tennessee Products

“We have the agricultural roots here and it’s so

So far, Whitehead said current city codes are

close to us,” Sullivan said. “Just about everyone

serving the needs of urban growers. But new or

in the South is a generation away from somebody

unforeseen needs are always in the offing, he

who either had a farm or had a huge garden at

said.

their house. I don’t think people want to lose

“When it comes to agriculture and farming,

that.”

we have a pretty laissez faire, hands-off kind of

Agriculture is in Memphis’ DNA. Make no

code,” he said. “But that doesn’t mean we can’t

mistake about that. Though it went dormant

further our code in the future.”

for a season, it was always there. It bloomed and

As far as the Memphis local food system is

yielded fruit. Let’s watch this band of urban

concerned, Riddle said the infrastructure is

pioneers turn over their fields and beds; watch

largely in place but consumers need to take a

them produce fresh food for all of us, season

leap of faith.

after season.

“We need folks to behave conscientiously and choose what kind of city and community they want to be,” Riddle said. “You can talk all day about values and ethics and where you buy local. 32

Cont’d from pg 24

CLIFFORD DAVIS AND ODELL HORTON FEDERAL BUILDING Built in 1963 and located on Civic Plaza, along with City Hall and other government buildings, the Clifford Davis and Odell Horton Federal Building is not as highly regarded architecturally as other buildings in the city, but it is a prime example of architecture of the 1960s and has long been a key piece of the legal infrastructure in the Mid-South. The building itself is named after former U.S. Congressman Clifford Davis and former U.S. District Judge Odell Horton, who practiced law in Memphis and eventually became a state Criminal Court judge and a Federal Bankruptcy Court judge, becoming chief judge of the U.S. District Court for the Western District of Tennessee from 1987 to 1993.

BUTLER SNOW LLP As the Memphis community has grown over the years, it has steadily progressed eastward along Poplar Avenue. The legal community is no exception to this trend, with more law offices opening in East Memphis and beyond. Butler Snow is an example of one of the larger, modern offices here in Memphis, with an expansive footprint in the prominent East Memphis office complex, the Crescent Center. Butler Snow encompasses an impressive amount of both the fourth and fifth floors at the Crescent Center, with offices for over 60 attorneys, making it the second-largest law firm in the city. Sleek lines, impressive views, expansive boardrooms, and modern amenities abound at the firms Memphis home, an example not only of the city’s eastward growth, but also the legal community’s expansion beyond downtown.

UNIVERSITY OF MEMPHIS CECIL C. HUMPHREYS SCHOOL OF LAW Our historic home. The building at 1 North Front Street in downtown Memphis has quite the legal and governmental pedigree. It has served as a U.S. Customs House, Federal Court House and central facility for the United States Post Office over the course of its lengthy history. Built in the early 1880s, with over 140,000 square feet, the Italianate Revival-style building was considered one of the most beautiful buildings in the South upon its construction. In January 2010, Memphis Law relocated from the University of Memphis main campus to the building overlooking the Mississippi River in the heart of downtown. The extensive renovation retained much of the historic structure and architectural details: original Pony Express emblems, etched glass, brass window cages, wood beams with intricate hand-stenciled designs, door knobs engraved with the scales of justice, crown molding and Tennessee marble floors and columns. This attention to historical detail is coupled with the addition of innovative technology features installed throughout the building, as well as first-class library facilities and devoted legal clinic space.

PRESORTED

Non-Profit Org

U.S. POSTAGE PAID MEMPHIS, TN

PERMIT NO. 207

1 North Front Street Memphis, TN 38103-2189