Courteney M. Barnes-Anderson
R. Kim Burnette
Melissa B. Carrasco
Meagan Collver
Samuel K. Lee
T. Mitchell Panter
M. Samantha Parris
Courtney Epps Read
Charles S.J. Sharrett
James R. Stovall
C. Scott Taylor
Alicia J. Teubert
Appealing If They Say, “Why? Why?” . . . Tell “Em That It’s Human Nature
Legal Update Supreme Court Preview 19 Schooled in Ethics
All Rise! Standing Up for the Rule of Law 21 Management Counsel Using Opinion Letters to Assess Joint Employer Status
DICTA is published monthly (except July) by the Knoxville Bar Association. It is designed to offer information of value to members of the local bar association. The news and features should illustrate the issues affecting the bar and its members. The opinions expressed do not necessarily represent those of the Knoxville Bar Association.
All articles submitted for publication in DICTA must be submitted in writing and in electronic format (via e-mail attachment). Exceptions to this policy must be cleared by KBA Executive Director Tasha Blakney (522-6522).
Publications Committee
Executive Editor Sarah Booher
Executive Editor Wade H. Boswell, II
Executive Editor Melissa B. Carrasco
Executive Editor Summer McMillan
Sherri Alley
Parker Bohne
Elizabeth B. Ford
Joseph G. Jarret
F. Regina Koho
Matthew R. Lyon
Robin McMillan
Angelia Morie Nystrom
Katheryn Murray Ogle
Bridget Pyman
Cathy Shuck
Jimmy Snodgrass
Eddy Smith
Grant Williamson
Managing Editor Tasha C. Blakney
KBA Executive Director
Other Than the Veil
Read Strong Ground: The Lessons of Daring Leadership, the Tenacity of Paradox, and the Wisdom of the Human Spirit, by Brené Brown
Barrister Bites
Comfort Food When Comfort is Needed: Favorites From my Mom
to Be in the Law
to Help in Healing
How the KBA is Making an Impact
One of the privileges of serving as KBA President is my front-row view of the tremendous work our association performs month in and month out. Hundreds of hours are collectively spent by our member volunteers each month performing the business and service that enriches our bar and community. Many hundreds of additional hours are collectively spent by Executive Director Tasha Blakney and our KBA staff.
I was aware of this, of course, prior to becoming President, but seeing you doing committee work and volunteering for pro bono service, engaging with you at CLE programs, and enjoying your company at social events, has inspired my dedication to our bar and filled me with a sense of pride for our bar association!
So, in this season of giving thanks, I give thanks for all of you who selflessly give your precious time to make our community better and our profession more robust. I highlighted several examples of KBA groups and programs in my August column that improve our community and promote the rule of law. Behind every program, CLE, and function of the KBA are committees and the attorneys who serve on them. There is no glory in committee work. It is mundane work indeed. Without committees, however, there can be no programming and no events. I salute and give thanks, therefore, to all of you who faithfully and without fanfare serve on the committees and in the sections without which the KBA would have little to show. Thank you!
I also want to express gratitude for the local, state, and federal judges in our community. They, too, perform their work faithfully, under pressure and often criticized, with rare appreciation from the community they serve. This year especially, as we have read national headlines about challenges, or even direct threats, to our rule of law, I have been grateful for the steady, reliable, and prolific work of our local judiciary. Sometimes I get the feeling they work with their heads down and with great effort to avoid stepping into any controversy. I regret that such care results in isolation from their community and legal peers, for they should be celebrated for their service. For my part, this year has reminded me that our rule of law is perishable without judges dedicated to upholding it.
Last year I knew I wanted to make the “Rule of Law” the theme for these columns. Looking back, my reason and plan for this theme seems naïve. None of us could have foreseen the challenges we have faced this year. Nonetheless, last December I solicited a definition of the “rule of law” from our local judges and other elected officials. My plan was to insert a quote into each column. Once the year began, I abandoned this idea because I definitely did not want to associate any of our elected officials with the personal positions I have expressed.
I received so many beautiful quotes! It is therefore with a sense of deep gratitude that I now share some of these quotes with you:
By: Jonathan D. Cooper Knox Defense
The Rule of Law is the North Star for American Jurisprudence. It is the only true guidance for judicial integrity, independence and impartiality. There can be no direction to justice without it.
– Chancellor John F. Weaver
Above the entrance to our nation’s highest court are four words –EQUAL JUSTICE UNDER LAWillustrating adherence to the doctrine that all are equally accountable to the same laws to be equally applied. The worth of our system of government may be conceived by considering a judicial system where those four words are unexpressed and unapplied.
– Hon. E. Jerome Melson
From a prosecutor’s perspective, the Rule of Law is both a guiding principle and a professional responsibility. It ensures that justice is applied uniformly and that decisions are made based on evidence, not bias or external influence.
– Charme P. Allen
We all make the same solemn promise to “support the Constitution of the United States and the Constitution of the State of Tennessee.” In so doing, we all promise to uphold and protect the rule of law, and by doing that, to defend the will of the people. As Chief Justice Rehnquist stated, “the Constitution protects judicial independence not to benefit judges, but to promote the rule of law.”
– Justice Dwight E. Tarwater
A judge’s first priority is to uphold the rule of law, disregarding all personal and political preferences. Without this commitment, the judicial system fails.
– Hon. Kristi M. Davis
I am grateful for our judges and those elected officials who strive daily to serve and protect those principals of our justice system upon which our democracy depends. I am especially grateful this year. What do bar association work and judicial work have in common, and why have I paired them for my Thanksgiving message? This year, they have both reminded me of the dedication our profession commits to strengthening our community and safeguarding our society. None of it is fancy. It does not make the local news. The work is done quietly and without expectation of praise or recognition. I am truly grateful for our attorneys and judges who represent the highest principles of our profession and who demonstrate selfless commitment to serving our community.
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By: Robin McMillan Attorney at Law
IF THEY SAY, “WHY? WHY?” . . . TELL ’EM THAT IT’S HUMAN NATURE
Why do we write appellate briefs? What purpose are we trying to serve?
There are countless reasons to write and likewise numerous purposes that writing can serve. Have you ever procrastinated beginning an appellate brief or experienced writer’s block? These are symptoms of lack of clarity. Becoming clear about the purpose for which you are writing can spur your motivation and make the writing process much easier. Let’s consider.
Do we write briefs for fun? Hardly. Many attorneys I know dread writing. And those who enjoy writing would be happier writing things other than briefs.
Do we write briefs to show off all the dusty Latin phrases we learned in law school? Well, errare humanum est 1 So don’t be embarrassed when est ipso facto non sequiturc. 2 Just carpe diem and egredere et vince. 3 Intellegisne?4 Don’t get me wrong, I am not suggesting that we do away with all Latin phrases. To the contrary, employing some Latin phraseology is not only helpful in legal writing but sometimes necessary to express a specific concept. Phrases such as mens rea, bona fide, pro bono, habeas corpus, subpoena duces tecum, prima facie, in loco parentis, and stare decisis spring to mind. And some Latin phrases are useful for quickly conveying an idea, such as inter alia, e.g., or i.e 5 But we do not, or at least should not, write briefs to show off our facility with Latin terminology.
Do we write briefs for a grade? Unless we are still in law school, the answer here is a definite ‘no.’ In practice, assigning a grade to a brief would be a pointless exercise. Briefs need to be functional and understandable, but outside of school, they do not all need to be A+ quality.6
Do we write briefs to become famous? Briefs in most cases become a matter of public record once they are filed, and nowadays, a number of briefs can easily be accessed via legal research platforms allowing others to learn from them. But no one is going to become the next Stephen King by writing an appellate brief.
Do we write briefs for posterity so that people can get a glimpse at what life was like way back when? The reality is that the vast majority of cases have lasting significance to the parties alone. It is a rare case that becomes seminal to the development of the law and an even rarer one that winds up having historic implications. And when those rare cases do arise, it is likely the court’s opinion to which people will look for the information they may seek, not the briefs.
Do we write briefs because we are required to? Well . . . certainly, in part. The Rules of Appellate Procedure require the filing of a brief.7 The failure of an appellant to file a brief may result in the dismissal of the appeal without a decision. This makes sense when one considers that the
appellate courts have no duty to comb the record searching for potential issues.8 But writing a brief is more than a rote exercise. Otherwise, one could merely provide a bullet point list of issues and arguments.
So why do we write an appellate brief? Ideally, we do so to serve two purposes:
1. To educate the court about the case and the issues being raised on appeal and, hopefully, persuade the court to our way of thinking about those issues.
2. To notify the other parties of our position, our arguments, and the authorities upon which we rely because our legal system frowns upon litigation by ambush.
If you fulfill the first purpose, the second purpose should fall right into line.
The next time you are struggling to get started writing or are battling writer’s block, stop and consider the purposes you are trying to serve. Principally, your intent should be to tell your client’s story. Focus on explaining the case to the court. Think less about trying to persuade or win the argument until you have a good first draft on paper. Educate the court about the facts of the case and why the court’s decision is so important. Then tackle what the law is and why it should or should not apply.
Hopefully, concentrating on the purposes for writing an appellate brief will assist you in finding the motivation for writing. Fulfill the purposes of a brief and quid erit erit 9
1 Loosely translated – to err is human.
2 Loosely translated – by the fact itself, it does not follow. To those of you who are Latin scholars, please do not lecture me on the liberties I have taken with Latin grammar.
3 Loosely translated and in order – seize or pluck the day; go out and conquer.
4 Loosely translated – do you understand?
5 Loosely translated and in order - among other things; exempli gratia - for example; id est. - that is or in other words.
6 I am not suggesting that you play fast and loose with quality writing. Rather, to paraphrase Voltaire, do not allow the quest for perfection to become the enemy of the good.
7 Tenn. R. App. P. 29(c) provides that if an appellant fails to timely file a brief, the appellee may move to dismiss the appeal. The rule also provides that if an appellee fails to timely file a brief, the appellant may move to have the appeal decided upon the record and the appellant’s brief alone. And, of course, the court may sua sponte (another useful Latin phrase) take action if any party fails to file a brief as required by the rules.
8 “[T]he appellate court ‘is not charged with the responsibility of scouring the appellate record for any reversible error the trial court may have committed.’” Donovan v. Hastings, 652 S.W.3d 1, 9 (Tenn. 2022) (quoting Owen v. Long Tire, LLC, No. W2011-01227-COA-R3-CV, 2011 Tenn. App. LEXIS 678, 2011 WL 6777014, at *4 (Tenn. Ct. App. Dec. 22, 2011)).
9 Loosely translated – what will be, will be.
By: Regina Koho Tennessee Valley Authority Office of the General Counsel
This year’s Supreme Court docket is full of cases sure to pique the interest of legal enthusiasts and the public alike. Below, I preview a few of the heavy hitters—cases involving President Trump’s expansive economic agenda, the interplay between a state’s regulation of the healthcare profession and the First Amendment, and limits on campaign expenditures.
The Constitution grants Congress the power to “lay and collect Taxes, Duties, Imposts and Excises” and to “regulate Commerce with foreign Nations.”1 Although “Congress set tariffs without authorizing the President to adjust [them]”2 for many years, Congress eventually delegated limited authority to the Executive “to ‘activate or suspend’ tariff rates through international agreements” under certain statutory schemes.3 Ultimately, however, tariffs “are a tax,”4 and authority to impose them must be congressionally delegated.5
Since taking office, President Trump has “imposed varying tariffs . . . on imports of nearly all goods from nearly every country with which the United States conducts trade.”6 The tariffs’ legal basis is the International Emergency Economic Powers Act (IEEPA), which “authorizes the president to regulate . . . importation to deal with any unusual and extraordinary threat.”7 In the half-century since the IEEPA was implemented, presidents “have invoked [it] frequently,” but never “to impose tariffs on imports or adjust [tariff] rates.”8 Instead, it “has been consistently understood . . . to authorize targeted economic sanctions on the . . . state responsible for the underlying threat to U.S. national security.”9
In two different cases,10 businesses challenged President Trump’s tariffs as exceeding his authority under the IEEPA. Both courts agreed with the challengers,11 finding that, although the IEEPA “bestows significant authority on the President to undertake a number of actions in response to a declared national emergency, . . . none of these actions explicitly include the power to impose tariffs, duties, or the like.”12
The Court granted certiorari in both cases on September 9,13 and they are “operating on a highly expedited schedule,” with oral argument set for November 5.14 These cases implicate two interpretive doctrines long championed by the Court’s majority—textualism and the “major questions” doctrine.15 Both may complicate the Court’s ability to uphold presidential authority to enact the tariffs at issue.
As to the first, the Court “could not be more clear that,” in interpreting statutes, “courts must focus on a statute’s text.”16 This is exactly what the lower courts did here. Because the IEEPA “does not use the words ‘tariffs’ or ‘duties,’ nor any similar terms,”17 they found that its plain language did not provide the president with the expansive powers to enact the challenged tariffs.18
As to the second, the “major questions” doctrine applies where “the history and the breadth of the authority asserted by the Government entails vast economic and political significance.”19 The Court has invoked this doctrine frequently to invalidate administrative action,20 and the lower courts here relied on this precedent to conclude that Congress’s taxing authority had not been “clearly and unambiguously” delegated to the Executive in the IEEPA.21 As one scholar has noted, it could be problematic for the justices to “draw a distinction between the powers of the president and the authority of agencies” given their recent acceptance of “the unitary executive theory, or the idea that the president has control
over the entire executive branch.”22
Either way the Court rules, the decision promises to be “a consequential one for the country.”23
A. State bans on “conversion therapy”
“Conversion therapy” is “generally defined as a treatment used to change a person’s attraction for same-sex individuals and to similarly cure gender dysphoria.” 24 Over two dozen states either ban or limit such therapy25 because it is viewed as an outdated treatment method that can be harmful to “minors who identify as gay, lesbian, bisexual, transgender, or gender non-conforming,” often leading to depression and suicidal thoughts.26 Colorado is one such state, banning “conversion therapy” for minor patients in 2019.27
In Chiles v. Salazar, a Colorado therapist and Christian, Kaley Chiles, challenged the state’s ban on First Amendment grounds. She argued that the law “forced [her] to deny voluntary counseling that fully explores sexuality and gender to her clients and potential clients in violation of her and her clients’ sincerely held religious beliefs.”28
The district court found that Chiles was unlikely to succeed on the merits of her First Amendment claim,29 and the Tenth Circuit agreed. The court did not accept Chiles’ contention that, because “she only uses words when counseling clients,”30 Colorado’s law constituted an “end-run” around the First Amendment by categorizing her speech as treatment. The Tenth Circuit observed that the law only prohibited Chiles from engaging in “conversion therapy” herself, but she was not prohibited from “discussing what conversion therapy is, what her views on [it] are, or who can legally provide this treatment.”31 Thus, the appellate court agreed with the district court’s determination that Colorado’s law only “incidentally involve[d] speech.”32
Argument in this case was held on October 7. Unsurprisingly, the Court’s majority appeared to lean in favor of Chiles,33 with Justice Alito going so far as to assert that Colorado’s law “[l]ooks like blatant viewpoint discrimination.”34 But even Justice Kagan seemed to view Colorado’s law in a similar manner.35 A decision in this case is expected next June.
B. Limits on coordinated campaign expenditures
In National Republican Senatorial Committee v. Federal Election Commission, the Court has been asked to reconsider previous rulings upholding “federal limits on coordinated campaign expenditures, which restrict political parties from spending money on campaign advertising in cooperation with political candidates.”36 The challengers—the National Republican Senatorial Committee, the National Republican Congressional Committee, and former candidates J.D. Vance and Steve Chabot—contend “that the law chills core political speech by making it harder for parties and candidates to collaborate on messaging.”37 They assert that the Court’s earlier precedent upholding these limits is no longer applicable because subsequent cases have “‘tightened the freespeech restrictions on campaign-finance regulations.’”38
The challenge was initially heard by the Sixth Circuit, a decision covered in the November 2024 issue of DICTA.39 Although the Sixth Circuit found itself bound by the Court’s precedent upholding the challenged limits, several members of the court encouraged the justices to reconsider that precedent. The Court will do just that, as it granted certiorari on June 30.40 The case has yet to be set for oral argument.
continued on page 15
By: Grace Malone Ewell OneOncology, LLC
“I do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution of the State of Tennessee. In the practice of my profession, I will conduct myself with honesty, fairness, integrity, and civility to the best of my skill and abilities, so help me God.”1
Every lawyer in Tennessee begins their legal career by taking this oath. But how often do we take the time to stop and think about the gravity of that promise? To “support” the Constitution is not merely to follow its rules. It is to actively uphold its values, defend its principles, and ensure its relevance for generations to come. That includes a responsibility to instill respect and understanding of the Constitution in our youth, helping them see the Constitution not as a document from history class, but as a living guide for civic life.
Each September, that duty takes on new meaning through Constitution Day, formally recognized on September 17—the anniversary of the signing of the Constitution in 1787. In celebration of Constitution Day, the Barrister’s Constitution Day and School Outreach Committee’s Constitution Day programming works to ensure that the spirit of civic engagement and respect for the Constitution embodied in the Oath of Admission extends beyond courtrooms and law offices and into the classrooms of Knox County. This year, approximately 300 fourth-grade students from local elementary schools, including Pond Gap Elementary School, Christenberry Elementary School, Dogwood Elementary School, South Knoxville Elementary School, and Fountain City Elementary School, took part in a hands-on celebration of Constitution Day. This is an annual tradition that brings the foundational principles of American democracy to life in classrooms across Knox County.
With the help of dedicated law students, practicing attorneys, and members of the local judiciary, students explored the Constitution not just as a historic document, but as a living framework that shapes our government and daily lives. The program spanned two Fridays, September 19 and 26, highlighted by a special visit from a local judge on the 26th.
On September 19, volunteer law students and practicing attorneys visited each school to deliver a lesson on the Constitution. Each lesson started with one of the highlights of the program—the interactive “separation of powers” activity. Students were invited to describe their favorite games and the rules that govern them. This is an engaging way to introduce the idea that the Constitution is the rulebook for our nation. From there, the classroom transformed into a mock government, complete with a rock-paper-scissors tournament to elect a “President,” a randomly selected “Congress,” and a nominated “Judge.”
The students debated and passed a mock law selected by the students—with “No More School” or “No More Recess” being the most common selection—which (with some prompting from facilitators) was vetoed by the President and subsequently met with a legislative override. This fun yet powerful demonstration helped students understand the system of checks and balances in a way that was both memorable
and meaningful.
Next, volunteers presented a Constitution-themed slideshow provided by Knox County Schools, covering key concepts and historical context, followed by a Q&A session, where attorneys shared how the Constitution influences their work. Students asked thoughtful questions, both about the Constitution and a career as a lawyer. What does our day look like? What kinds of clients do we have? What did our parents do for work?
Throughout the week of September 22, students continued studying the Constitution in class. On September 26, the program concluded with a special visit from a local judge, who listened to student presentations and shared their insights into the role of the judiciary. The presentations—ranging from colorful posters about the Constitution to a lively group sing-along to School House Rock’s “The Preamble”—reflected the students’ enthusiasm. More than just a capstone to the week’s activities, this day offered students a rare and meaningful opportunity to interact directly with members of the judiciary in an approachable setting. For many students, meeting a “real-life judge” was both exciting and inspiring, helping to demystify the legal system and foster trust, curiosity, and respect for the rule of law. These positive interactions leave a lasting impression, showing young learners that the law is not something to be feared, but part of a system designed to protect their rights.
For the students, these visits were more than just a lesson. They were a chance to see the Constitution in action and to imagine themselves as future leaders and changemakers. As evidence that these lessons make an impact, just two weeks after our visits, a teacher from Dogwood Elementary reached out noting that the students continue to talk about the visit and especially loved discussing our rights under the Constitution. Before leaving for fall break, they made a special request for their return: to make a classroom constitution, which they will complete following fall break. For the attorneys and judges, the experience was equally meaningful. Many shared that returning to the classroom reminded them why they chose this profession in the first place: to uphold and defend the Constitution, to serve their communities, and to ensure justice is accessible to all.
This program would not have been possible without the support of our incredible volunteers. We would like to extend a special thanks to the many law students, attorneys, and our local federal and state judges for taking time out of their busy schedules to visit participating schools. Your time, energy, and enthusiasm helped make Constitution Day a meaningful experience for hundreds of young learners, and your commitment to civic education is deeply appreciated.
If interested in learning how you can participate in future Constitution Day and School Outreach Committee events, please reach out to co-chairs Grace Ewell and Hannah Clyde.
1 Tenn. Sup. Ct. R. 6.
By: Emily Heird, LPC/MHSP Vantage View Coaching
Sunday morning. You’re at your desk surrounded by three halffinished briefs, two cold cups of coffee, and a browser with 18 tabs open. The motion you needed to file yesterday sits untouched while you’ve somehow spent two hours reorganizing your bookshelf.
After 15 years as a therapist and 5 years as a coach working with lawyers, I’ve noticed that while practicing law is challenging for everyone, the profession brings extra challenges to lawyers with ADHD. Some of my clients are unaware they have ADHD before we work together. However, once they understand how their brain operates and develop skills to work with their biology, they have the tools to succeed with less stress.
ADHD isn’t a character flaw or a lack of discipline; it’s a neurodevelopmental difference affecting how the prefrontal cortex manages executive functions. The areas of your brain responsible for impulse control, working memory, task initiation, and sustained attention don’t process information the same way as those of neurotypical individuals.
Individuals with ADHD often exhibit differences in the regulation of dopamine and norepinephrine—neurotransmitters associated with focus, motivation, and the priority management system. When these are dysregulated, the brain continuously seeks stimulation and struggles to distinguish between what truly matters and what merely feels urgent.
This explains why you can hyperfocus for hours on researching an obscure point of law yet find it nearly impossible to start a routine status report due tomorrow. Your brain isn’t lazy; it’s hunting for dopamine hits, which novel challenges provide better than familiar tasks.
Recognizing this neurological basis shifts the conversation from willpower and discipline to strategy and implementing systems that align with your brain’s wiring.
Practicing law and the ADHD brain
Legal work offers constant problem-solving, creative argumentation, and pattern recognition - exactly what an ADHD brain craves. Every case is a new puzzle, each client a fresh crisis.
The structure of deadlines creates external accountability: law school, the bar exam, filing deadlines, and court appearances all force you to focus. That last-minute adrenaline rush before an oral argument? That’s your brain finally receiving the stimulation it requires to zero in. Many lawyers with ADHD thrive under pressure because it fosters the neurochemical conditions that promote focus.
Additionally, the advocacy component resonates with the deep sense of justice many people with ADHD possess.
However, the very profession that attracts ADHD minds can also overwhelm them. The intellectual stimulation that draws you in is often coupled with administrative demands, billable hour requirements, and organizational expectations that clash with how your brain fundamentally operates.
The high-stakes environment that helps you focus can also create opportunities for mistakes that lead to shame spirals. While court deadlines provide a necessary structure, the periods between those deadlines can feel like black holes of lost task initiation.
Recognizing why law is appealing helps you understand that your difficulties aren’t personal failings; they’re predictable friction points between your neurology and the profession’s demands. And importantly,
they’re solvable.
Challenges and strategies for success
1. Paperwork: Lawyers with ADHD often describe their desks as archaeological digs. (I’ve seen many firsthand!) Each layer signifies good intentions buried beneath dropped threads. Traditional filing systems require sustained attention and memory that aren’t natural for your brain. Strategy: Implement visual systems instead of conventional filing cabinets. Physical documents need to be visible to be remembered. Consider vertical file holders on your desk, color-coded by urgency: red for items due this week, yellow for this month, and green for someday. If it goes into a drawer, it can easily cease to exist in your mind. For digital files, keep it straightforward: one master folder per client, where everything related to that client resides. Avoid complex subfolder hierarchies that require too much executive function to maintain. Leverage your support staff for help with organization.
2. Billable hours: Accurate time tracking involves constant awareness of task-switching. Your brain doesn’t naturally timestamp activities, leading to discrepancies between the time spent on tasks and the time billed. You might bill .3 hours for work that actually took two hours.
Strategy: Move away from real-time tracking and instead jot down notes on a legal pad as you complete tasks. As part of your closing ritual, convert those notes into time entries. This method captures your work efficiently without overwhelming your executive functions. It also prevents you from getting behind on entering your time at the end of the month.
3. Task initiation: Starting tasks can feel monumental, particularly when they lack the thrill of novelty or when the reward feels distant.
Strategy: One strategy to reduce activation energy is to break tasks into absurdly smaller, manageable chunks and set a timer for short bursts of focused work. This not only makes tasks feel less daunting but also harnesses the power of urgency and focus during those intervals.
4. Managing distractions: The legal environment is filled with potential distractions, from phone notifications to colleagues stopping by. The ADHD brain is easily distracted.
Strategy: Designate specific times for checking emails and returning phone calls, using those as breaks between focused work periods. Consider using apps or tools to minimize distractions on your devices and let others know when you’re in deep work mode.
5. Deadline management: The ADHD brain has two time settings: now and not now. A hearing next month might as well be next year. Then suddenly it’s tomorrow and you haven’t prepared.
Strategy: Reverse engineer deadlines into today-sized actions. If a brief is due in three weeks, work backward. Three days before filing for review. Five days before that for first draft. Two days before that for research. Each becomes a separate, dated task that feels more immediate.
By understanding the unique interplay between ADHD and the legal profession, you can begin to identify your struggles as areas for growth rather than shortcomings or continuing to experience shame. With tailored strategies, you can navigate the complexities of legal practice more effectively, harnessing your strengths while mitigating the challenges.
By: Grant Williamson Bradley Arant Boult Cummings LLP
I am late writing this article and submitting it for DICTA (sorry, Tasha!) because I was out of town at a conference in California the entire week that it was due (and because I procrastinated writing it until the week that I knew I would be out of town at a conference in California). But the beauty of waiting to write, assuming I meet the deadline for submittal, is that it gave me a chance to think further about what I wanted to discuss and to experience a perfect example of that very topic. In a world where the practice of law is increasingly becoming easier to be a part of from wherever you would like to practice, it is incredibly important for attorneys, especially transactional attorneys like me, to make the time and effort to form relationships with clients, colleagues, and peers. And I do not mean relationships with clients, colleagues, and peers that are solely restricted to Zoom calls and Microsoft Teams meetings where maybe you decide to turn your camera on every once in a while. I mean relationships where you make the effort to travel somewhere and sit down with someone to talk over a meal and get to know them without your computer screen as an intermediary. While in San Diego for the International Council of Shopping Centers’ ICSC+U.S. Law conference, I was reminded of all the reasons that it is important to make the time to physically be with other people in the legal industry. I had the chance to sit in rooms with attorneys from across my practice field, with varying levels of experience and diverse insights into their practices and the issues they are running into with their clients. The conference offered peer-to-peer sessions where open discussion was encouraged and mock negotiations were practiced. As convenient as online and on-demand CLE opportunities are, there is a lot to be said for learning somewhere together with other people. There were also countless opportunities to meet up with attendees outside of the sessions to have further discussions about the sessions themselves,
other issues people were dealing with in their practice, or to just talk about anything other than the practice of law.
The conference also provided me with opportunities to have dinner or drinks with colleagues, clients, and potential clients that I would not otherwise have, given that a large portion of my practice deals with clients that are not local to Knoxville and I work with several attorneys at my firm who are in other offices. It was refreshing to hear about their families and interests and talk little, if at all, about the stresses of practicing law. Of course, I am hopeful that these interactions materialize into more work or new work, but above all else, I am grateful for the opportunity to connect with these people on a personal level and get to know a little more about them.
At the end of the day, the practice of law is a relational field. As an attorney, the more effort you can make to get to know your clients on a personal and professional level, the more effective you will be in representing them and the more likely you will be to retain them as a client. No matter how good the work you do for a client is, if the relationship is strained or nonexistent, there is always the chance that your client will decide to move on in favor of someone they like better. The same is true of other attorneys. If you can form meaningful relationships with your colleagues and even your peers that you are working opposite from, those people will be more likely to seek you out for work in the future or to work better with you when you are representing opposing interests. It might be easy and safe to sit behind your desk and pump out work, never considering the human element of what you are doing, but I can assure you that you will not be the best attorney possible if you neglect the relational side of the profession. You will not enjoy practicing law to the fullest if you do not make time for the great people you can meet in this amazing profession.
By: Joe Jarret, J.D., Ph.D. University of Tennessee
Introduction:
Recently, Amanda and I visited the beaches of Normandy where, on June 6, 1944, the Allied invasion of Normandy, France, codenamed “Operation Overlord” and more commonly known as D-Day, occurred. Under the command of General Dwight D. Eisenhower, more than 160,000 troops landed on a 50-mile stretch of heavily fortified coast, initiating the liberation of Western Europe from Nazi Germany, and securing a crucial foothold for the Allies on the Western Front. My Uncle Freddy was among those brave soldiers who waded ashore under withering German machine gun, cannon, and mortar fire.
A Horrific Battle:
The primary objective at Omaha was to secure a beachhead 8 kilometers (5 miles) deep, between Port-en-Bessin and the Vire River, linking with the British landings at Gold Beach to the east, and American landings at Utah Beach to the West. Opposing the landings was the German 352nd Infantry Division, consisting of 12,020 men, of whom 6,800 were experienced combat troops. The Allied plan called for initial assault waves of tanks, infantry, and combat engineer forces to reduce the coastal defenses, allowing larger ships to land in follow-up waves. But very little went as planned. Difficulties in navigation caused most of the landing craft to miss their targets throughout the day. The defenses were unexpectedly strong and inflicted substantial casualties on the landing U.S. troops. By the end of the day, we landed 34,000 troops on Omaha Beach alone. The German 352nd Division lost 20 percent of its strength, with 1,200 casualties, but it had no reserves coming to continue the fight.
A Fitting Tribute:
barbarity helps us remain standing strong against all forms of inhumanity. The Wings of Fraternity. So that this surge of brotherhood always reminds us of our responsibility towards others as well as ourselves. On June 6, 1944, these men were more than soldiers; they were our brothers.
During WWII, the role of lawyers expanded to include legal support for military personnel, administrative law for government functions, and the establishment of wartime legal infrastructure. Later, American lawyers were called upon to prosecute Nazi and Japanese leaders for crimes against humanity. Francis Beverley Biddle was an American lawyer and judge who served as the United States Attorney General during World War II, as well as a judge during the Nuremberg Trials. He had this to say about the lawyer’s role in war:
In time of war the lawyer has important duties as one of the intellectual leaders of his community. He must help sustain the morale of the people under the burdens of war; he must help them to avoid the fears and doubts which are bred by false rumors; and he must keep ever before them our American traditions of democracy and liberty. Thus, may be continued the historic function of the American lawyer in time of crisis.2
Summary:
The day Amanda and I stood on Omaha Beach, our backs to the beach, we looked across the English Channel, and the beach was quiet and beautiful. The weather was uncharacteristically sunny and warm with clear skies. The only evidence that remains of that horrific battle consists of damaged concrete bunkers, grass-grown bomb craters, and the various memorials commemorating this pivotal battle. One such memorial is Les Braves (The Braves) a sculpture created in tribute to the American soldiers who landed, fought, and died on Omaha Beach. The sculpture is located in Vierville-sur-Mer on Omaha and was created by Anilore Banon.1 It was unveiled on June 6, 2004, during the 60th anniversary commemorations of the D-Day landings. According to the sculptor, “I created this sculpture to honor the courage of these men: sons, husbands and fathers, who endangered and often sacrificed their lives in the hope of freeing the French people.”
Les Braves consists of three elements:
The Wings of Hope. So that the spirit which carried these men on June 6th, 1944, continues to inspire us, reminding us that together it is always possible to change the future.
Rise, Freedom! So that the example of those who rose against
D-Day’s significance lies in it being the pivotal Allied invasion of Normandy on June 6, 1944, which marked the beginning of the end for Nazi Germany and the start of the liberation of Western Europe. I think it’s only fitting to end with an excerpt of a song written by D-Day Veteran Jim Radford:3
As the years pass by I can still recall the men I saw that day
Who died upon that blood-soaked sand
Where now sweet children play
And those of you who were unborn
Who’ve lived in liberty
Remember those who made it so
On the shores of Normandy
1 For her efforts, Anilore Banon received the “Women Who Make a Difference Award” from The International Women Forum. The award celebrates the tremendous accomplishments and contributions that a IWF member has made to their communities and the world.
2 Biddle, F. (1942). The Lawyer in Wartime. B. Br., 19, 146.
3 “The Shores of Normandy” written by Jim Radford, public domain.
By: Melissa B. Carrasco Carrasco Trump, PLLC
In 1822, Mary Hays made history. It wasn’t the first time. Thirtyfour years earlier, twenty-four year old Mary found herself on a battlefield near Monmouth, New Jersey.1 Her husband William was a member of the Fourth Continental Artillery, and through the smoky chaos of artillery fire and screams of the wounded and dying, Mary carried water back and forth to cool the canons and bring some measure of comfort to the Continental Army as it faced the legendary General Lord Charles Cornwallis.2 Some accounts of the battle reported that, when William was wounded, Mary took his place and manned3 the artillery for the duration of the battle.4 It was the stuff of legend.
There are still questions about the accuracy of the stories about Mary Hays on the Monmouth battlefield. How much is fact versus how much is lore are questions that historians like to debate. But we do know that after her husband died, Mary applied for a pension as a soldier’s widow. She did not receive it. Instead, in 1822, the state of Pennsylvania granted her an annual payment of $40.00 “for services she rendered.”5 The notation does not say what services were rendered, but that sort of payment was more than unusual in its time. Mary Hays made history.
Most historians agree that the story of Mary Hays, to some degree, was the inspiration for the famed Molly Pitcher, the legendary heroine of the American Revolution who is as engrained in American folklore as Paul Bunyan and Johnny Appleseed. And although several different women likely were the inspiration for this legendary figure, Molly Pitcher represents women who courageously stood up into difficult situations, when they had no obligation to do so, and their impact is still being felt today.6 Laura Comas is one.
In 1984, she enlisted in the Army and continued to serve for the next eight years as a Chaplain’s Assistant. For those of you who do not know, the Chaplain’s Assistant, now known as a Religious Affairs Specialist, is the only enlisted position whose role is to provide full-time religious support.7 But because the chaplain is not permitted to bear arms, the Chaplain’s Assistant is the one tasked with protecting the Chaplain –literally.8
Although women could not serve in combat at the time, when the Persian Gulf War began, Comas continued to serve her unit on Army bases in the U.S. and Germany.9 After she was discharged, she continued to serve with the Tennessee Army National Guard, but something wasn’t quite right.
Every state in the United States had a special license plate honoring military veterans.10 In fact, most states had lots of license plates commemorating service in specific conflicts, specific units, different branches of the military, and other aspects of military service. None had a license plate recognizing the service of women veterans.
So, Laura Comas got to work figuring out how to make an idea a reality. In 2007, she found a listening ear in then-state senator Tim Burchett and Maryville’s then-state representative Doug Overbey.11
In his remarks introducing Senate Bill 1941 in the Senate Transportation Committee, Senator Burchett noted that women made up 15% of those on active duty serving in all roles except for direct combat
roles.12 The first question from the Committee was to ask what Senator Burchett meant by women not serving in combat. Senator Burchett clarified that women could serve in combat, but not on the front lines. Then, there was a follow up question whether there would be another bill coming that proposed a license plate that said, “front line soldier.”13 It probably was intended as a joke. No one laughed, and fortunately, the bill passed through the Committee.
Similarly, Representative Overbey shepherded House Bill 1616 through the House of Representatives. And, between the two of them and other members of the 105th Tennessee General Assembly, these bills became Public Chapter 604, “An Act to Amend Tennessee Code Annotated Title 55, Relative to Motor and Other Vehicles.”14 And that is how we have Tennessee Code Annotated § 55-4-267 in the books.
In 2007, Tennessee became the first state to pass a law approving a special license plate to honor women veterans. But that wasn’t the end of the story. Next came designing the license plate, getting it printed, and getting it into the DMVs across the state.
Artist Tom Walker was commissioned to design the license plate. There really was only one person who could be featured on such a plate – the legendary Molly Pitcher. It took two more years, but in 2009, the first Tennessee Woman Veteran license plate was available to women who were honorably discharged from the United States Armed Forces.
Then, in 2019, Section 55-4-276 joined the Tennessee Code, authorizing a license plate to honor women veterans of color. That was the result of the efforts of Knoxville’s Senator Becky Massey, who sponsored Senate Bill 0042, and Cleveland’s Representative Dan Howell, who sponsored HB0179.
Mary Hays made history 203 years ago when she was the first female to be awarded benefits for her service – most likely to the military. She was legendary. So was Molly Pitcher, whoever she may be. And legends walk among us – Laura Comas, then-Senator Burchett, Representative Overbey, Senator Massy, and Representative Howell –people who stepped up into a difficult situation when they didn’t have to. Their impact can be seen on Tennessee highways to this day, but more importantly, it can be felt in the heart of every veteran who knows her service has not been forgotten.
1 American Battlefield Trust, Monmouth, https://www.battlefields.org/learn/ revolutionary-war/battles/monmouth, last visited Oct. 7, 2025; Raymond K. Bluhm, Brittanica, Battle of Monmouth, https://www.britannica.com/event/Battle-ofMonmouth-1778, last visited Oct. 7, 2025.
2 American Battlefield Trust, supra n.1; Dennis E. Showalter, Brittanica, Molly Pitcher, https://www.britannica.com/biography/Molly-Pitcher, last visited Oct. 7, 2025.
3 In case you were wondering, the use of the word “man” as a verb actually stems from the Old English word “mannen” which meant “to take up a designated position on a ship.” See Etymology Online, Man, https://www.etymonline. com/word/man, last visited Oct. 7, 2025. So, this is one instance in which the abbreviation of a word may have made it unnecessarily limiting.
4 Showalter, supra n.2.
5 Id.
6 Historians have identified numerous women who likely served as an inspiration for the story of Molly Pitcher. Mary Hays, Margaret Corbin, Deborah Sampson,
continued on page 18
By: Bridget J. Pyman Arnett | Baker
This month’s Hello My Name Is column features attorney Keeley Morton, an associate attorney with Woolf, McClane, Bright, Allen & Carpenter, PLLC, where her practice includes general civil litigation, probate, and estate planning. A 2024 graduate of the University of Tennessee College of Law, she also holds a Bachelor of Arts in Studio Art from Centre College, where her primary medium was oil painting.
Keeley’s path to the legal profession reflects both creativity and purpose. Before law school, she interned with Kentucky Refugee Ministries in Lexington, an experience that deepened her appreciation for how the law can empower individuals and strengthen communities. That perspective continues to guide her practice today, where she values the opportunity to help clients navigate complex processes with clarity and empathy. Outside of work, she stays active and grounded through her artistic pursuits, volleyball, and time spent with her two cats, while maintaining a lifelong curiosity that’s taken her from Berlin and London to Tokyo and beyond.
Describe a significant or formative experience you had during your education that relates to your career now.
While I was at Centre, I interned at Kentucky Refugee Ministries (KRM) in Lexington, Kentucky. KRM is a nonprofit that provides resettlement services to refugees including establishing housing, providing ESL courses, and other services that help promote successful integration into the community. I saw the good that nonprofits can do, but I also realized how limited I was in my ability to assist refugees in terms of the legal challenges they may face. I realized that I wanted to gain the skills and education to be able to effectively navigate the legal system. As an attorney now, I am well aware of how many of life’s daily tasks often involve navigating the legal system in some form or fashion, even for something as simple as transferring your car title. I enjoy assisting clients with these often unnecessarily difficult tasks.
As a new attorney who just made it through her first year of practice, I enjoy that my work allows me to experience both transactional law and litigation. No two days are ever the same. Some days I am drafting estate planning documents, and others I am preparing for or engaging in court proceedings. I appreciate the variety in my practice because it keeps me challenged, engaged, and continually learning.
If you could give a new law student one piece of advice, what would it be?
This advice was given to me by my supervising attorney at my first legal job after my 1L year, and I think every young attorney should hear it: go to the doctor.
Soon you’re going to be a new lawyer, and if you went to law school straight from undergrad, you’re probably young and still healthy. Don’t wait until something is seriously wrong to go to the doctor. Take it from me. I recently scheduled an appointment to get my knee checked out because it was bothering me. My doctor informed me that I have maltracking of the patella, which is common among women of all ages, but younger women typically are prescribed physical therapy, whereas older women are prescribed a knee replacement. I have gladly been going to physical therapy in hopes of avoiding surgery in the future. So, go to your annual check-ups and preventative appointments. Your future self will be thankful.
What skill or hobby are you currently learning, outside of work?
It’s important to me to continue my hobbies even when I am stressed or busy with work. Currently, I am taking a figure drawing course at SpaceCraft. As a studio art major, I spent lot of time figure drawing, and I am excited to be getting back into it. Additionally, I play on a recreational volleyball team, I bake sourdough bread, and I recently completed a ballet class (and learned that ballet is not for me).
Tell me about your family.
My significant other, Jacob, is also an attorney. We have two cats, Obi-Wan Catnobi and Tony. Obi is the tabby cat, and Tony is the black cat. During law school, Jacob and I frequented the animal shelters in Knoxville looking for a dog for me to adopt, but one day I saw Tony at the Humane Society, and I knew I needed to adopt him. He was instantly the sweetest guy. I hate to admit it, but I am now a full-blown cat person with two of the best cats ever.
Have you traveled or lived internationally?
Yes, the main reasons I chose to attend Centre College were so I could, one, play volleyball, and, two, study abroad. I studied abroad in Berlin the summer before my junior year of undergrad for a few weeks, which was my first international trip. I was hooked on traveling after that. I then spent a semester in London. While living in London, I traveled to Paris, Venice, Rome, and Dublin. This past February, I took a trip to Tokyo with my twin sister, Kassidy, where we enjoyed a traditional tea ceremony.
1 U.S. Const. art. I, § 8, cl. 1, 3.
2 V.O.S. Selections, Inc. v. Trump, 149 F.4th 1312, 1323 (Fed. Cir. 2025), cert. granted, No. 25-250, 2025 WL 2601020 (U.S. Sep. 9, 2025).
3 Id.
4 Id. at 1322.
5 Learning Res., Inc. v. Trump, 784 F. Supp. 3d 209, 223 (D.D.C. 2025), cert. granted before judgment, No. 24-1287, 2025 WL 2601021 (U.S. Sep. 9, 2025).
6 V.O.S. Selections, 149 F.4th at 1318–19.
7 Erwin Chemerinsky, The Supreme Court, tariffs, and judicial consistency, SCOTUSblOg (Sep. 15, 2025, 9:00 AM), https://www.scotusblog.com/2025/09/thesupreme-court-tariffs-and-judicial-consistency/ (internal quotation marks omitted); see also 50 U.S.C. § 1702(a)(1)(B).
8 V.O.S. Selections, 149 F.4th at 1335; see also Learning Res., 784 F. Supp. 3d at 219 (“No other President has ever purported to impose tariffs under IEEPA.”).
9 Learning Res., 784 F. Supp. 3d at 226 (footnote omitted).
10 V.O.S. Selections, 149 F.4th at 1318; Learning Res., 784 F. Supp. 3d at 215.
11 See V.O.S. Selections, 149 F.4th at 1330–38; Learning Res., 784 F. Supp. 3d at 223–26.
12 V.O.S. Selections, 149 F.4th at 1330.
13 Amy Howe, Supreme Court announces it will hear challenges to Trump’s tariffs on Nov. 5, SCOTUSblOg (Sep. 18, 2025, 12:27 PM), https://www.scotusblog. com/2025/09/supreme-court-announces-it-will-hear-challenges-to-trumps-tariffson-nov-5/
14 Id.
15 Chemerinsky, supra note 7.
16 Learning Res., 784 F. Supp. 3d at 229.
17 V.O.S. Selections, 149 F.4th at 1326.
18 Learning Res., 784 F. Supp. 3d at 223 (“IEEPA does not use the words ‘tariffs’ or ‘duties,’ their synonyms, or any other similar terms like ‘customs,’ ‘taxes,’ or ‘imposts.’”).
19 V.O.S. Selections, 149 F.4th at 1334.
20 Chemerinsky, supra note 7.
21 See V.O.S. Selections, 149 F.4th at 1332, 1334 (“The Government’s interpretation of IEEPA as providing the President power to impose unlimited tariffs also runs afoul of the major questions doctrine.”); Learning Res., 784 F. Supp. 3d at 224 (“If Congress had intended to delegate to the President the power of taxing ordinary commerce from any country at any rate for virtually any reason, it would have had to say so.”).
22 Chemerinsky, supra note 7; see also Steve Inskeep, ‘Unitary executive theory’ argues to restore the president’s authority, NPR (July 31, 2025, 4:19 AM).
23 Kelsey Dallas, What the Trump administration wants from the Supreme Court this term, SCOTUSblOg (Sep. 3, 2025, 9:30 AM), https://www.scotusblog.com/2025/09/ what-the-trump-administration-wants-from-the-supreme-court-this-term/
24 Nina Totenberg, Supreme Court seems highly doubtful of limits on conversion therapy for minors, NPR (Oct. 7 2025, 7:34 PM), https://www.npr.org/2025/10/07/ nx-s1-5563987/supreme-court-conversion-therapy-colorado
25 John Kruzel & Andrew Chung, US Supreme Court skeptical toward Colorado LGBT ‘conversion therapy’ ban, ReUTeRS (Oct. 7, 2025, 1:55 PM), https://www.reuters.com/ legal/government/us-supreme-court-examine-colorados-gay-conversion-therapyban-2025-10-07/
26 Chiles v. Salazar, 116 F.4th 1178, 1216 (10th Cir. 2024) (internal quotation marks omitted), cert. granted, 145 S. Ct. 1328 (2025).
27 Colo. Rev. Stat § 12-245-224(1)(t)(V).
28 Chiles, 116 F.4th at 1194 (internal quotation marks omitted).
29 Id. at 1201 (internal quotation marks omitted).
30 Id. at 1207 (citation omitted).
31 Id. at 1214.
32 Id. at 1204 (internal quotation marks omitted).
33 Kruzel & Chung, supra note 26 (noting that the Court “appeared ready to side with a challenge on free speech grounds to a Colorado law banning psychotherapists from conducting ‘conversion therapy’”).
34 Id. (internal quotation marks omitted).
35 Totenberg, supra note 24.
36 Amy Howe, The most important cases of the next term, SCOTUSblOg (Jul. 28, 2025, 9:38 AM), https://www.scotusblog.com/2025/07/most-important-upcomingsupreme-court-cases/
37 John Elwood, A blockbuster finale looms, SCOTUSblOg (Jun. 25, 2025, 2:21 PM), https://www.scotusblog.com/2025/06/a-blockbuster-finale-looms/
38 Amy Howe, Court takes up potentially important case on campaign-finance regulations, SCOTUSblOg (Jun. 30, 2025, 12:17 PM), https://www.scotusblog. com/2025/06/court-takes-up-potentially-important-case-on-campaign-financeregulations/
39 Regina Koho, Sixth Circuit Encourages Supreme Court to Take Up Limits on Coordinated Campaign Expenditures (Again), DICTA, Nov. 2024, at 8, 11.
40 Howe, supra note 36.
bank
In 2021, Tennessee enacted a sweeping procedural reform that allowed the constitutionality of state statutes to be adjudicated by any of the state’s 31 Chancery Courts, provided that the local chancellor is joined by two judges from the remaining grand divisions to create a three-judge panel.1 Enacted over concerns of forum shopping, the supposition was that the new system would prevent a single judge from striking down statewide laws under the previous requirement that all constitutional challenges be commenced in Davidson County.2 The rationale for this reform was that Tennessee judges are selected in partisan elections and there is an uneven distribution of partisan election results between urban counties, such as Davidson, and rural counties.
Four years later, on August 22, 2025, in Hughes v. Lee, 3 a three-judge panel in a case originating in Gibson County overruled nearly two centuries of Tennessee precedent and voided Tennessee’s Going Armed Statute that prohibits carrying a firearm “with intent to go armed”4 and the Guns in Parks Statute that prohibits carrying certain weapons with the intent to go armed in public parks, playgrounds, civic centers, and government-owned recreational property (“the Decision”).5 Relying on the U.S. Supreme Court’s recent decisions in District of Columbia v. Heller, 6 McDonald v. City of Chicago, 7 and New York State Rifle & Pistol Association v. Bruen, 8 the Decision declared Tennessee’s historic approach to arms regulation irrelevant and concluded that both laws violated its understanding of the right to bear arms as provided for by the U.S. and Tennessee Constitutions.9
two additional judges appointed by the Tennessee Supreme Court from the state’s remaining grand divisions.12 The idea was to disperse judicial power and make it harder for any one judge to block a state law.13
While six states, including New York, Maryland, New Jersey, and California, provide no state constitutional gun rights, Tennessee’s constitution, dating back to 1796 and hailed by Thomas Jefferson as the “least imperfect and most republican of the state constitutions,” grants gun rights to Tennesseans.14 Article I, Section 26 guarantees “that the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.”15 From the 1840s onward, Tennessee courts interpreted the right narrowly and emphasized that it did not create an unlimited individual right to carry weapons.
Tennessee previously required that constitutional challenges to state law be filed in Davidson County Chancery Court because Nashville is where state officials and offices are situated.10 To many legislators, however, this venue rule gave disproportionate power to an urban judiciary, the rulings of which are often not reflective of the state’s populace as a whole. This led the Tennessee General Assembly to amend this requirement, along with Tennessee Supreme Court Rule 54, to allow for constitutional challenges to state law by way of specially created three-judge panels.11 This allows for adjudication by any of the state’s 31 Chancery Courts, provided that the local chancellor is supplemented by
In Aymette v. State, the Tennessee Supreme Court upheld restrictions on Bowie knives, reasoning that the right was collective, tied to militia defense rather than private self-defense.16 A few decades later, in Andrews v. State, the court reaffirmed that regulation of certain classes of weapons was consistent with the constitution.17 Subsequent cases, including Hill v. State and Glasscock v. Chattanooga, continued this restrained approach, sustaining broad authority for the legislature to regulate firearms.18
The pattern was consistent: Tennessee’s courts prioritized public order and recognized a distinction between military-use weapons and everyday arms. For nearly two centuries, this jurisprudence provided a stable framework for balancing individual rights with public safety.19
Tennessee’s narrow interpretation of gun rights did not contradict how the federal courts interpreted the U.S. Constitution’s Second Amendment because there was no federal jurisprudence on the issue for most of American history.20 Due to burgeoning polarization on the issue in national politics, the U.S. Supreme Court, in District of Columbia v. Heller, invalidated a municipal handgun ban and concluded, for the first time, that the Second Amendment protects an individual right to keep firearms for self-defense within the home.21 McDonald v. City of
Chicago extended this holding to state and local governments through incorporation under the Fourteenth Amendment’s Due Process Clause.22
The watershed came in New York State Rifle & Pistol Association v. Bruen, which struck down New York’s “proper cause” licensing regime for carrying firearms in public.23 In Bruen, the Court announced a new test: contemporary gun laws must be justified by a “historical tradition of firearm regulation.”24 Abandoning tiers of scrutiny, Bruen required courts to measure modern restrictions against analogues from the Founding and Reconstruction eras.
Although Heller and Bruen responded to municipal gun restrictions that arguably went too far in limiting the self-defense rights in highcrime municipalities, its use of Originalism as its mode of analysis may be impractical for many judges and attorneys who lack training as historians, especially where the historical record on gun rights is often unclear, ambiguous, and contradictory.25 Moreover, the protection of commonly used weapons can be an elastic metric in a country with 400-500 million privately owned firearms, a powerful gun lobby, and a high rate of gun deaths.26 The stage was set for a collision in the Tennessee courts.
The Decision was the result of a facial challenge brought by the plaintiffs, including the Gun Owners of America, before a three-judge panel in Gibson County Chancery Court, consisting of local Chancellor Michael Mansfield along with Judges Wyatt Burke and Lisa Nidiffer Rice. Using Originalism as its mode of analysis, the Decision concluded that “the right to keep and bear arms in both 1791 and 1868 was, for all relevant purposes, the same with respect to public carry.”27 The Decision granted the plaintiffs’ cross-motion for summary judgment and issued a declaratory ruling voiding Tennessee’s Going Armed and Public Parks statutes because “at its most general level, the Second Amendment protects an individual’s rights to both have weapons and to carry those in case of a need for offensive or defensive action with another person.”28 The court arrived at this standard based on its analysis of the U.S. Supreme Court’s Heller and Bruen decisions.29 It sidestepped consideration of Tennessee’s narrow gun rights jurisprudence under Article I, Section 26, claiming the federal constitution provides a “floor” for individual rights that guides its interpretation of the Tennessee Constitution and that the Tennessee Supreme Court’s Article I, Section 26 jurisprudence predates the U.S. Supreme Court’s 2010 decision to incorporate the Second Amendment against the states.30
The Decision elicited great support among members of the Tennessee General Assembly’s conservative majority. On August 26, 2025, Senator Brent Taylor of Senate District No. 31 sent Attorney General Jonathan Skrmetti a letter urging him to allow it to stand.31 Similar letters were sent by Senator Ed Jackson of District No. 25,32 Senator Page Walley of District No. 26,33 Deputy Speaker Joey Hensley of District No. 28,34 and Representatives Monty Fritts, Todd Warner, and Michele Reneau of House Districts 32, 92, and 27, respectively.35 Notwithstanding this political pressure to leave the Decision in place, Governor Bill Lee and Attorney General Skrmetti (“the Government”) appealed and subsequently brought an emergency motion for a stay pending appeal on the grounds that the Decision is an overcorrection that “flouts established limitations on the judicial power and unduly impairs the lawful authority of the people’s elected representatives to legislate application of the police power.”36 The Government warned that failure to grant a stay would bring about real-world dangers as there is currently no
By: M. Akram Faizer Professor of Law Lincoln Memorial University Duncan School of Law
law disallowing children from “bringing semi-automatic rifles to a pickup basketball game at their community center,” no law disallowing drunks wandering with shotguns “down Broadway in Nashville, or through Shelby Farms in Memphis, or across Market Square in Knoxville,” and no law “against a fan wearing a bandolier of grenades to the little league game at a local park.”37 The Government’s motion emphasized that a stay of the Decision would not be a ruling that both statutes are constitutionally sound.”38
On September 10, 2025, the court denied the Government’s motion for a stay pending appeal.39
The Decision underscores the destabilizing force of the U.S. Supreme Court’s historical-test methodology. Bruen demands judicial engagement with contested histories of firearm use, leaving lower courts adrift and emboldening litigants to press for sweeping invalidations. Nonetheless, as with prior constitutional question cases before a single Davidson County chancellor, there are still two levels of appellate review available to disgruntled litigants.40 These layers of appellate review should temper concerns about partisan decisions.
As Hughes moves forward on appeal, the stakes extend beyond one statute. At issue is whether Tennessee will continue to define the contours of its constitutional tradition or cede them to a federal methodology. Pending adjudication by the Tennessee Court of Appeals, one hopes the counterfactuals raised in the Government’s motion never materialize.
1 Tenn. Code Ann. § 20-18-101 et seq. (2021) (enacted by 2021 Tenn. Pub. Acts ch. 566, effective July 1, 2021); Tenn. Sup. Ct. R. 54.
2 Andy Sher, Tennessee Republican Lawmakers OK New Three-Judge Panels to Consider Legal Challenges Against State, Chattanooga Times Free Press (May 6, 2021), https://www.timesfreepress.com/news/2021/may/06/te-republicanlawmakers-ok-new-three-judge-panels [https://perma.cc/YRX6-99HN]; Matt Queen, The Return of Three-Judge Constitutional Courts, 73 Duke L.J. 1577, 1588 (2024).
3 Hughes v. Lee, No. 24475, 2025 Tenn. LEXIS 2 (Gibson Cnty. Ch. Ct. Aug. 22, 2025).
4 Tenn. Code. Ann. § 39-17-1307(a).
5 Tenn. Code Ann. § 39-17-1311(a).
6 554 U.S. 570 (2008).
7 561 U.S. 742 (2010).
8 597 U.S. 1 (2010).
9 Hughes, 2025 Tenn. LEXIS 2.
10 Tenn. Code Ann. § 4-4-104(a).
11 Tenn. Code Ann. § 20-18-101 et seq. (2021) (enacted by 2021 Tenn. Pub. Acts ch. 566, eff. July 1, 2021); Tenn. Sup. Ct. R. 54.
12 Tenn. Sup. Ct. R. 54.
13 Tennessee Republican Lawmakers OK New Three-Judge Panels to Consider Legal Challenges Against State, supra n.2.
14 Letter from Thomas Jefferson to William Cocke (Aug. 1796), in The Papers of Thomas Jefferson.
15 Tenn. Const. art. I, § 26.
16 21 Tenn. 154 (Tenn. 1840).
17 50 Tenn. 165, 172-73 (1871) (the Tennessee Supreme Court wrote that the right to bear arms includes the right “to carry them to and from his home” and “the right to use such arms for ordinary purposes, and in the ordinary modes used in the country, and to which arms are adapted, limited by the duties of a good citizen in times of peace . . . .” By contrast, “when he carries his property abroad, goes among the people in public assemblages, where others are to be affected by his conduct, then he brings himself within the pale of public regulation, and must submit to such restriction on the mode of using or carrying his property as the people through their Legislature, shall see fit to impose for the general good”).
18 Glasscock v. Chattanooga, 157 Tenn. 518 (Tenn. 1928); Hill v. State, 53 Tenn. (6 Heisk.) 41 (1871).
19 See, e.g., State v. Callicutt, 69 Tenn. 714 (Tenn. 1878); Barton v. State, 66 Tenn. 105
continued on page 25
By: Wade H. Boswell II Tennessee Department of Human Services
As the world turns, people can do the exact same act for completely different reasons. In the case of my younger self, our motivation was to be annoying, but that’s inherent in (and expected from) teenage boys. Entering freshman year, not only was high school new but so was its school president. Mr. Webb retired at the end of my 8th grade year, and Mr. Peterson replaced him as school president for my high school years. And with that came new policies.
One such change Mr. Peterson instituted was snow days. During my middle school years, Webb shared the same philosophy as the University of Tennessee. Snow day? What’s that? As with anything else, the good is always accompanied by the bad. The yin and yang of snow days meant that if we had too many, we had to make up missed days on Saturday. Prior to one such Saturday of my senior year, some of my male friends and I decided we should pierce our ears. Why? Because our calculus teacher made clear she didn’t approve. Did we go to West Town Mall and have it professionally done? Of course not. Our female friends were all too happy to help us out, even providing the necessary gold studs for the job. After numbing our ears with ice, sterilizing a needle by flame, and enduring a little pain from the sluggish nature of a needle’s meandering trudge through the earlobe, our Friday night shenanigans were complete. The next day, our teacher, a seasoned educator who had dealt with more than her fair share of obnoxious teens, did not verbally gratify our effort with a response. Her look of disdain sufficed.
By contrast, ear piercing can also be altruistic. Enter Joshua Sussberg, a partner at Kirkland & Ellis. Mr. Sussberg is one of the toprated bankruptcy/restructuring attorneys in the nation and is noted for his creativity.1 One of his current clients is Claire’s Holdings LLC. In August, Claire’s filed a petition under Chapter 11 of the United States Bankruptcy Code in an attempt to reorganize its business as liquidation loomed.2 At an August 7 hearing, Mr. Sussberg’s partner, Alexandra Schwarzman, told the court that Claire’s held a special place in her heart since having her ears pierced in one of its stores. Judge Shannon responded the same for his daughters. Ms. Schwarzman then announced that Mr. Sussberg had also had his ear pierced at a local Claire’s in Boca Raton when he was in high school and showed the court a picture to prove it. The judge responded that Ms. Schwarzman had made his day.
STARS, continued from page
and Deborah Gannett have all been identified as women who stepped up to serve on the battlefields of the American Revolution. Each is legendary in their own right. See Emily J. Teipe, Will the Real Molly Pitcher Please Stand Up?, Prologue Magazine (Vol. 31, No. 2 1999), available at https://www.archives.gov/publications/ prologue/1999/summer/pitcher.html#:~:text=Historian%20Linda%20Grant%20 De%20Pauw,company%20in%20the%20Pennsylvania%20Artillery.
7 U.S. Army, Religious Affairs Specialist 56M, https://www.goarmy.com/careers-andjobs/support-logistics/admin-financial-support/56m-religious-affairs-specialist, last visited Oct. 7, 2025; Seargeant Major Pamela A. Wilson, What Makes Chaplain Assistants Unique (Dec. 4, 2014), https://www.army.mil/article/139389/what_ makes_chaplain_assistants_unique.
8 Sergeant Major Wilson, supra n. 7.
While he didn’t share any of the details of his own teenage motivation to decorate his lobes, before the hearing had concluded, Mr. Sussberg declared that he was “prepared to head back to Claire’s if people are willing to keep it alive, as I think everybody should.”
“Mr. Sussberg,” Judge Shannon responded, “that seems like a gauntlet has been thrown down and I will hold you to it and it may actually spur market interest.” “It would be my absolute greatest pleasure, Your Honor,” Sussberg replied.3
At the next hearing on August 21, counsel announced a purchase agreement had been signed with a private equity company. The judge reminded counsel that, “I think the third prong was that Mr. Sussberg is going to get an earring if this succeeds.” Ms. Schwarzman emphatically responded, “Absolutely. Yes. And I am committed to that. We’re talking about coordinating some in-court ear piercing if we’re successful.”4
The sale was approved by the court on September 9. Though it is not disclosed whether counsel’s earpiercing commitment was a factor in the private equity firm’s decision to purchase Claire’s, Mr. Sussberg kept his word to the court. Ms. Schwarzman advised the court that two Claire’s employees were present to perform the procedure, though the judge was already aware, as he had to call the U.S. Marshals ahead of their arrival to allow the piercing equipment through security. By all accounts, Judge Shannon enjoyed the fulfillment of Mr. Sussberg’s promise, as he told Mr. Sussberg that it was “a gutsy move” to wear a “crisp white shirt,” and “we’re going to find out if you’re a crier, too.”5
Through his efforts, Mr. Sussberg was able to help save a business, keep nearly 1,000 stores open, and save the jobs of its many employees. He also shined a favorable light on Claire’s and its new lease on life. May we all find ways to transform our silly teen antics into positive reflections on our clients and their endeavors. Kudos to Joshua Sussberg!
1 https://www.kirkland.com/lawyers/s/sussberg-joshua-a-pc (last accessed Oct. 12, 2025).
2 In re: Claire’s Holdings LLC, No. 25-11454 (BLS) (Bkrtcy. D. Del. 2025)
3 https://people.com/lawyer-gets-ear-pierced-in-court-claires-employee-11813222 (last accessed Oct. 12, 2025)
4 Id.
5 Id.
9 Matt Lakin, New License Plates Recognize Females’ Service in Military, Knox News Sentinel (Feb. 6, 2009), available at https://archive.knoxnews.com/news/local/ metal-of-honor-for-women-ep-410405161-359601161.html/.
10 See Kan. Legis. Res. Dept., States Eligibility Requirements for License Plates Honoring Veterans (Apr. 29, 2019), https://www.kslegresearch.org/KLRD-web/ Publications/VeteransMilitarySecurity/StatesReqmntsLicPlatesHnringVetsApril2019.pdf, last visited on Oct. 7, 2025.
11 See SB 1941 (2007); HB 1616 (2007).
12 Remarks of Sen. Burchett, Senate Transportation Committee (Apr. 18, 2007), https://tnga.granicus.com/player/clip/20261?view_id=535&meta_ id=758428&redirect=true.
13 Id.
14 2007 Tenn. Pub. Acts, Ch. 604, § 21.
By: Judy Cornett University of Tennessee College of Law
We’re hearing a lot these days about the “rule of law.” On February 10, 2025, the American Bar Association issued a statement which asserted its support for “the rule of law.”1 More than 50 bar associations nationwide endorsed this statement, including the Association of Professional Responsibility Lawyers and the National Conference of Bar Presidents.2 The ABA’s website defines “rule of law” as follows: The rule of law is a set of principles, or ideals, for ensuring an orderly and just society. Many countries throughout the world strive to uphold the rule of law where no one is above the law, everyone is treated equally under the law, everyone is held accountable to the same laws, there are clear and fair processes for enforcing laws, there is an independent judiciary, and human rights are guaranteed for all.3
This sounds like the Civics lessons I learned in the 9th grade at Lenoir City Junior High School. What does all this have to do with legal ethics?
The Tennessee Rules of Professional Conduct contain one reference to the “rule of law.” According to the Preamble, “As a public citizen . . . a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.”4 In his inaugural column in this publication, KBA President Jonathan Cooper noted the link between current “low levels of civic knowledge” and the fact that “the public’s confidence in our government institutions is at an all-time low.”5 His year as KBA President, he stated, would include determining “what we as attorneys can and should do to defend the rule of law.”6
Taking the ABA definition and the Preamble together, we see that the Rules of Professional Conduct contain many provisions regarding the “rule of law.” Lawyers ensure that everyone is treated equally under the law and that everyone is held accountable to the same laws by fulfilling their responsibility to provide pro bono services. The Preamble counsels that “all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel.”7 Rule 6.1 provides an aspirational goal of 50 hours per year of pro bono service, recognizing that those hours can include representation of “individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights.”8
Lawyers ensure that no one is above the law by complying with the law themselves. According to the Preamble, A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others.9
Rule 8.4(d) expressly provides: “It is professional misconduct for a lawyer to .. . engage in conduct that is prejudicial to the administration of justice.” Comment [9] elaborates: “In both their professional and personal activities, lawyers have special obligations to demonstrate respect for the law and legal institutions.”
Ensuring that no one is above the law may require challenging
official action, which sometimes means representing unpopular clients. Comment [1] to Rule 6.2 provides that a lawyer can fulfill her pro bono responsibility by “accepting a fair share of unpopular matters or indigent or unpopular clients.” Comment [5] to Rule 1.2 provides, “Legal representation should not be denied to people who are unable to afford legal services, or whose cause is controversial or the subject of popular disapproval.” Still, the Preamble warns, “While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.”10
Making sure that everyone is held accountable to the same laws and ensuring that there are clear and fair processes for enforcing laws may require the lawyer to devote time and energy to improving the legal system. The Preamble counsels, “[A] lawyer should seek improvement of the law, access to the legal system, the administration of justice, and the quality of service rendered by the legal profession.”11 Lawyers should “responsibly speak out when necessary to prevent or rectify injustice or to promote needed improvements in the judicial system.”12 Rule 6.1(b)(3) recognizes that the pro bono obligation can be fulfilled by “participation in activities for improving the law, the legal system, or the legal profession,” which may include “legislative lobbying.”13
Lawyers also have an ethical duty to ensure that there is an independent judiciary. The Preamble notes, “A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials.”14 Specifically, Rule 8.2(a)(1)-(3) provides: “A lawyer shall not make a statement that the lawyer knows to be false or that is made with reckless disregard as to its truth or falsity concerning the qualifications or integrity of . . . a judge . . . or a candidate for election or appointment to judicial or legal office.” Comment [3] to Rule 8.2 underscores lawyers’ affirmative duties: “To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized . . . .”
The ethics rules also encourage lawyers to ensure that the public understands and has confidence in the legal system. The Preamble notes, “As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law, and work to strengthen legal education.”15 Even in communicating with clients, the lawyer educates about the law. Rule 1.4(b) requires, “A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” Rule 2.1 also provides, “In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client’s situation.” Lawyers educate the public at KBA’s Saturday Bar events, and the KBA has undertaken civics education projects, including Constitution Day programs in Knox County schools.
As for human rights, the Rules promote the dignity of all participants in the legal system. Comment [3] to Rule 8.4 provides, “A lawyer who, in the course of representing a client, knowingly manifests, by words or conduct, bias or prejudice based on race, sex, religion, national origin, disability, age, sexual orientation, or socio-economic status violates paragraph (d) when such actions are prejudicial to the
By: Jimmy Snodgrass Bass, Berry & Sims
Just prior to the government shutdown, the Department of Labor Wage and Hour Division (DOL WHD) issued three new opinion letters on September 30, 2025. This is in line with the current administration’s expansion of the opinion letter program under the DOL. During the Obama administration, the DOL discontinued issuing opinion letters, but the DOL WHD currently has set forth a focus on compliance assistance. For those who are unfamiliar, employers who rely on an opinion letter in good faith may have a defense against potential liability, liquidated damages, and an extension of the applicable statute of limitations under the Fair Labor Standards Act (FLSA).
The first two opinion letters (FLSA 2025-03 and FLSA 2025-04) address whether a tip pool can cover front of house oyster shuckers and emergency pay for firefighters. These two are likely not specifically relevant for East Tennessee employers. However, the third (FLSA 2025-05) provides important clarification on potential joint employment issues involving several related entities, and in particular “horizontal” joint employment.
In the opinion letter, a hostess worked at a restaurant on the first floor of a hotel, making $28.00 per hour, and was asked if she wanted to pick up shifts at a members-only club on the second floor of the hotel, making the same rate of pay. The restaurant and the members-only club shared common ownership, management, and operations. For example, they “share[d] a kitchen, offer[ed] substantially the same food and beverages, and operate[d] under similar trade names.” The hostess was instructed that she would not receive overtime pay for hours worked over 40 in a week between both the restaurant and the members-only club, combined, based on the fact that the two were different companies.
The question set forth in the opinion letter was whether the restaurant and club were joint employers. This determination, and the combination of an employee’s total hours worked each workweek for all joint employers, is relevant to confirm that an employee has received minimum wage, as well as whether an employee is entitled to overtime pay. For example, if the hostess worked 30 hours one week at the restaurant, and 30 hours that same week at the club, she would be entitled to overtime compensation for 20 hours, collectable from either entity.
Ultimately, the DOL WHD advised that the restaurant and the club were joint employers under the FLSA. The Opinion Letter found a joint employer relationship because although “the restaurant and
members club may be separate legal entities, corporate formalities do not necessarily override the FLSA’s application.” The Opinion Letter detailed that “[h]orizontal joint employment typically occurs when employers are sufficiently associated with respect to the employment of the particular employee(s),” such as where “there is an arrangement between the employers to share an employee’s services, as, for example, to interchange employees.”1 The two facilities appeared to be
“operationally integrated,” based on physical proximity, a shared kitchen, similar menus, the fact that managers periodically supervised and managed both facilities, and shared ownership. Therefore, an employee would be entitled to overtime compensation for hours worked over 40 in a workweek at the two facilities.
The concept of horizontal joint employment (impacting not only the FLSA, but also potentially the FMLA or Title VII among other statutes) may be tricky for business owners to understand, particularly if they put too much stock into having separate corporations. An example of where this issue may arise is when an individual or group owns multiple restaurants of the same franchise. The client may own each specific restaurant through a separate entity. However, to the extent that they share common management, jointly coordinate scheduling, or utilize the same payroll system, these factors can lead to a finding of joint employment (and resulting potential liability). This is in contrast to vertical joint employment, which is most often seen in the context of a staffing agency.
The Sixth Circuit has not issued a specific test to determine joint employment status, but has acknowledged certain factors, including “whether two companies are joint employers: the interrelation of operations between the companies, common management, centralized control of labor relations, and common ownership.”2
Therefore, the DOL’s recent opinion letter is a valuable reminder to advise clients about potential joint employment issues for related businesses that they own and manage. As a business owner, they may feel it is more efficient to share payroll and management or to have an employee “pop over” to check out a small issue and feel protected by relying solely on separate entity status. Additionally, it highlights the potential use of an opinion letter as a tool to provide guidance under the FLSA. At the least, these opinion letters are valuable to assess potential compliance issues and inform clients with specific examples.
1 See also 29 CFR § 791.2(b)
2 Narjes v. Absolute Health Servs., Inc., No. 5:17-CV-739, 2018 WL 3208180, at *3 (N.D. Ohio June 29, 2018) (collecting cases).
About this column: “The cobbler’s children have no shoes.” This old expression refers to the fact that a busy cobbler will be so busy making shoes for his customers that he has no time to make some for his own children. This syndrome can also apply to lawyers who are so busy providing good service to their clients that they neglect management issues in their own offices. The goal of this column is to provide timely information on management issues. If you have an idea for a future column, please contact Jimmy Snodgrass at jimmy.snodgrass@bassberry.com.
By: Hannah Lowe Attorney at Law
Brené Brown is a research professor, author, speaker, podcaster, and storyteller, known for her work on vulnerability, shame, courage, and empathy.1 You may have seen her 2010 TEDx talk on the power of vulnerability2 or her 2012 TED talk on shame.3 You may have read one of her bestselling books,4 or listened to her on one of her Podcasts, Unlocking Us, or Dare to Lead. She is a Research Professor of Social Work at the University of Houston and Professor of Practice in Management at the University of Texas at Austin McCombs School of Business. She has dedicated her career to helping organizations around the world “develop braver leaders and more courageous cultures.”5
Her newest book, released in September 2025, Strong Ground: The Lessons of Daring Leadership, the Tenacity of Paradox, and the Wisdom of the Human Spirit, builds on her research on courage and vulnerability. I listened to the audiobook, in which she shares a lot of asides with the listener, and repeats parts for emphasis. She also includes an accompanying PDF with the audiobook so that listeners still get the benefit of some of the practical examples and visual aids.
In the lead up to the book release, Brown was interviewed by the New York Times, which ran the story with the headline, Brené Brown Doesn’t Want to Be Your Self-Help Guru Anymore 6 She expressed discomfort at being considered a self-help guru or “America’s therapist,” or part of the crowded “wellness influencer” space, which often exploits people for economic gain. Brown is not a “wellness influencer” but a leader in the field of research of human emotions.
Brown begins with a personal story about using a trainer to help her recover from a pickleball injury. Her trainer encouraged her to “feel the ground” using mindfulness tools, to develop body-awareness, and to focus on building a strong core and foundation to avoid future injuries. Brown realized that the same principles apply in the workplace, and that courageous leaders can also use mindfulness to build a strong emotional core and foundation for leadership and to build strong teams.
Brown covers a lot of material in this book, sharing meaningful poems, work from other notable researchers and academics, and thoughtful, practical examples of effective leadership and collaboration from a wide range of industries including NASA, Premier League Soccer, the NFL, HEB grocery, and others.
Brown encourages leaders to accept and embrace paradoxes as a part of life, e.g. strength and struggle, joy and pain. She discusses the poet Keats theory of “negative capability,” reflecting the human capacity to face uncertainties, mysteries, and doubts “without any irritable reaching after fact and reason.”7 She encourages us to resist making assumptions to explain away what we don’t understand, and instead to exercise mindfulness and get curious, probing the doubts to understand them more thoroughly. This allows us to expand the mind to consider different perspectives. She reminds us that the most effective leaders admit what they do not know and resist the urge to search for certainty where it does not exist.
Throughout the book, she introduces us to thought leaders, coaches,
and researchers whose work she admires. Building on Keats’ theory of “negative capability,” she discusses organizational psychologist Adam Grant’s work in his Podcast Rethinking and book Think Again, in which he states, “if knowledge is power, knowing what we don’t know is wisdom.”8 Brown explores Grant’s concept of “Preacher, Prosecutor, Politician, Scientist,” in which he encourages us to communicate like a scientist, with curiosity and an open mind, versus falling into the role of preacher (where we deliver sermons to defend our ideals), prosecutor (where we argue and point out the flaws in others’ reasoning), or politician (where we campaign for the audience’s approval).9
Brown discusses that there is no courage without vulnerability, encouraging leaders to “embrace the suck” of vulnerability, acknowledging uncertainty and summoning the courage to take a step forward into that uncertainty anyway.
Brown discusses that daring (rather than guarded or armored) leaders tap into vulnerability to be able to have good, productive, hard conversations with employees, without using shame or blame, to cultivate a culture of belonging. She encourages leaders to communicate effectively by “rumbling with vulnerability” and leading with curiosity, listening and asking questions to understand other perspectives rather than pointing out flaws or telling someone they are wrong.
She explores ways in which organizations and leaders can prepare for the future, including AI, advanced sensors, bio-technology, and generational differences.
My favorite part of the book was when she discussed how she visited Teddington Locks, on the River Thames near London, to explore the concept of the work to home transition. She discusses the science behind the lock, whereby the water level must be at the right level for the lock to open. She uses this as a metaphor to explore the challenges with switching our mindset between work and home. She encourages us to consider what we need to be able to transition from work to home, and to communicate those needs with partners and family members.
I enjoyed that Brown explores how to straddle the paradox between having the mental toughness to handle hard things, but also the tenderness required to thrive and live authentically. She tells us that the human capacity for finding strong ground depends on an ability to be both tender and tough, a message I think we can all benefit from.
1 https://brenebrown.com/about/
2 https://www.youtube.com/watch?v=X4Qm9cGRub0
3 https://www.youtube.com/watch?v=psN1DORYYV0
4 I Thought It Was Just Me (But It Isn’t) (2007); The Gifts of Imperfection (2010); Daring Greatly (2012); Rising Strong (2015); Braving the Wilderness (2017); Dare to Lead (2018); You Are The Best Thing (with Tarana Burke, 2021); Atlas of the Heart (2021).
5 https://brenebrown.com/about/
6 Lulu Garcia-Navarro, Brené Brown Doesn’t Want to Be Your Self-Help Guru Anymore (N.Y. Times Sept. 6, 2025), https://www.nytimes.com/2025/09/06/magazine/brenebrown-interview.html
7 Strong Ground, Chapter 5.
8 https://adamgrant.net/podcasts/rethinking/
9 Strong Ground, Chapter 6.
By: Mary Frances DeVoe Director of Pro Bono Legal Aid of East Tennessee
Each fall, the Tennessee legal community pauses to recognize attorneys, law students, law firms, and community partners who generously donate their time and talent to expand access to justice. For Legal Aid of East Tennessee (LAET), this season culminates at Knoxville Pro Bono Night, our annual event honoring volunteers and highlighting the impact of pro bono work across East Tennessee. This year, the evening is extra special, as we celebrate 60 years of Legal Aid in East Tennessee while honoring those who help make our mission possible.
Pro bono service is at the heart of what we do here at LAET. Every day, attorneys, law students, and volunteers step up to help East Tennesseans facing civil legal crises—people whose homes, families, safety, or livelihoods are at stake. Their work allows families to remain in their homes, helps veterans secure benefits, assists individuals who need conservatorships to protect vulnerable loved ones, and opens doors for countless others who might otherwise go without legal support.
This year, we are proud to honor five remarkable awardees who exemplify the spirit, dedication, and impact of pro bono service:
Pro Bono Law Student of the Year: Sierra Dennis
Sierra Dennis, a 3L at Lincoln Memorial University’s Duncan School of Law and LAET’s pro bono law clerk since 2024, has been a quiet powerhouse during this season of transition in LAET’s Knoxville pro bono leadership. While continuing her studies and earning Dean’s List recognition, Sierra has taken on expanded responsibilities in clinic coordination, fundraising, case placement, and event planning. Her initiative, capability, and willingness to step in wherever needed have made her an indispensable part of our team, and she exemplifies the award’s spirit: to recognize the student who makes the biggest impact through dedication and action.
Pro Bono Law Firm of the Year: Kizer & Black, Attorneys, PLLC
Kizer & Black has supported LAET for more than two decades, contributing not only through case work but also through consistent engagement with clinics and fundraising. The firm’s attorneys have taken on cases in nearly every area of civil law that LAET assists with, demonstrating a remarkable breadth of involvement. The Pro Bono Law Firm of the Year award recognizes a firm whose efforts meaningfully advance Legal Aid’s mission, and Kizer & Black’s sustained, high-impact participation makes them a perfect recipient.
Pro Bono Attorney of the Year: Rhett A. Sexton
From almost the moment he was admitted to the Tennessee bar in 2022, Rhett Sexton, an associate at Merchant & Gould primarily practicing patent law, has been deeply committed to pro bono work. He has focused on conservatorship cases, often managing multiple clients at once and routinely asking for more assignments. His dedication, reliability, and the real-life impact of his efforts make him the perfect recipient of the Pro Bono Attorney of the Year award.
Donald F. Paine Memorial Pro Bono Hall of Fame:
Gregory C. Logue
Gregory C. Logue, a longtime leader in the Knoxville Bar’s
Bankruptcy Section, has left a lasting mark on pro bono service in East Tennessee. In 2017, he co-founded the Debt Relief Clinic with Tom Dickenson, Judge Suzanne Bauknight, and LAET. That clinic has continued quarterly for eight years, even adapting to a virtual format during the pandemic. Gregory’s lifetime of service, leadership, and mentorship is exactly what the Hall of Fame seeks to honor: a lasting contribution to justice and inspiration for others to do the same.
Pro Bono Community Partner of the Year: TVA’s Office of General Counsel Generating Justice Pro Bono Committee
The TVA Office of General Counsel has been an invaluable partner to LAET, contributing volunteers, expertise, and leadership to programs ranging from wills clinics to trainings introducing attorneys to pro bono service. This award recognizes a partner whose collaboration and support have had a meaningful impact on Legal Aid’s work, and TVA’s ongoing engagement exemplifies that mission.
Knoxville Pro Bono Night isn’t just about awards, it’s a chance to gather as a legal community, celebrate 60 years of Legal Aid in East Tennessee, and reflect on the difference pro bono makes in people’s lives. This year, Justice Jeffery Bivins and members of the AOC’s Access to Justice Commission will join us to recognize the AOC’s Attorneys for Justice and honor their contributions to access to justice statewide.
We invite all members of the Knoxville Bar to join us on Thursday, November 13, at the Standard in downtown Knoxville. Tickets are available here: https://www.laet.org/event/3438/. It’s an evening to celebrate outstanding volunteers, connect with colleagues, and remember why pro bono work matters—both to those we serve and to the attorneys who serve them.
At LAET, we know that pro bono work benefits everyone involved. Clients gain access to legal services they could not otherwise afford, while attorneys gain perspective, professional growth, and the satisfaction of knowing they are making a tangible difference. Our volunteers, law students, and community partners are the backbone of this mission.
On behalf of Legal Aid of East Tennessee, we celebrate and thank our honorees—and the entire Knoxville Bar—for your continued leadership and commitment to justice. We look forward to celebrating 60 years of service and honoring our volunteers on November 13!
By: Angelia Nystrom East Tennessee Foundation
I am married to a freak of nature. At 58, Hugh is the same weight that he was when he graduated high school in 1985. He is proud of the fact that he can wear clothes he wore way back then although I have told him on more than one occasion, “Just because you can, doesn’t mean you should.”
Hugh also brags that he is stronger and faster than our 20-year-old son (that’s debatable). He does work out like a madman and is often found leading F3 workouts at Lakeshore Park. He’s the self-professed “Burpee King of Knoxville” and has done at least 3100 burpees during the month of January for the past 5 or so years. Hugh is 58, but he thinks he’s 18.
I’ve told him, though, “At our age, we don’t bounce, we break.” He probably should have listened.
Hugh is coaching a high school bass fishing team, and he served as a boat captain during a tournament a couple of weeks ago. The following day, while cleaning his boat, he lost his balance and fell from the bow of the boat to our driveway – a height of about 4 feet.
The fall resulted in a shoulder that was broken in 5 places and an ankle with a complete tear of the ligaments. After the consult with the orthopedic surgeon, Hugh told me that it was time to call in reinforcements.
blend an 8 oz. package of cream cheese (softened) and 2 Tbsp of butter. Add two 5 oz. cans of chicken (drained), ¼ tsp. of salt, 2 tsp. of pepper, 2 Tbsp milk, and 1 Tbsp chopped onion. Mix until the ingredients are all well-acquainted.
Separate one 8 oz. can of Crescent dinner rolls into 4 squares. Firmly press perforations around the seams together to seal. Spoon ½ cup of meat mixture onto center of each square. Pull the 4 corners of dough to the top center of chicken. Pinch together so that they are sealed.
My mom had been offering to come help take care of Hugh, and he decided that it was time to take her up on her offer. On the day of Hugh’s surgery to repair the shoulder, my mom arrived at our house. She immediately wanted to help get him up the stairs. My mom is 83, and I didn’t want two patients on my hands, so I suggested that she redirect her efforts. Hugh would need sleep. He would also need food.
My mom did what any good Southern grandmother would do… she cooked. My mom’s culinary choices are different than ours, and I was curious as to what she would prepare. Her choices have not disappointed.
Since Hugh’s injury, we have been treated to all sorts of favorites from my childhood that I have not had in years. Every day has been like a trip down memory lane, with casserole after casserole after casserole. It has been comfort food at its finest, and I want to share some of our favorites.
My mom’s first creation was a favorite of her grandchildren: Savory Crescent Chicken Squares, which we affectionately call, “Chicken Pockets” because they look like Hot Pockets. They are easy to make, include common ingredients, and taste amazing.
To make Chicken Pockets, heat oven to 350°. In a medium bowl,
Place the pockets on an ungreased cookie sheet. Brush tops with 1 Tbsp of butter. Crumble 1 cup of Ritz crackers and sprinkle over the tops. Bake at 350° for 20-25 minutes, or until golden brown. This recipe serves 4 (or 2 if you are really hungry).
Mom has also prepared Poppy Seed Chicken. I recall that she made this for nearly every potluck at her laboratory growing up, and my sister and I were always happy when she brought leftovers home.
To prepare, boil 2 lbs. of boneless, skinless chicken breasts with 2 Tbsp celery seeds and 2 Tbsp peppercorns for 20 minutes. Cool, then dice.
Line the bottom of a casserole dish with the chicken.
Mix 8 oz. sour cream, 1 can cream of chicken soup, and 2 Tbsp chicken broth. Pour over chicken. Cover with 1 large stack of Ritz crackers (crushed) and 2 Tbsp poppy seeds. Melt 1 stick of butter and drizzle over crackers. Bake at 350° for 30 minutes. This recipe serves 8.
My favorite of the things that she has prepared is something that she calls “Even Quicker Lasagna.” It tastes similar to lasagna, but with a lot less work.
To prepare, brown 1 ½ lbs. ground beef and 1 medium chopped onion in a skillet. Add oregano and salt to taste. Boil 1 package of egg noodles as directed on package. Drain and pour into a baking dish.
Soften one 8 oz. package of cream cheese. Mix with 1 small can of Carnation milk until well-blended. Pour over the noodles. Add the ground beef mixture. Top with 1 medium jar of spaghetti sauce. Top with 1 (or more!) package of shredded mozzarella cheese. Bake at 350° until bubbly and cheese is melted.
We have loved all the meals my mom has prepared. It is comfort food at a time when comfort is needed. At some point, we will have to go back to our regular diet, and the “Burpee King” will reappear. The surgeon says that Hugh should be back to normal by June.
Until then, we will enjoy the comfort food of my childhood.
STORY, continued from page 17 (Tenn. 1874); State v. Wilburn, 66 Tenn. 57 (Tenn. 1872).
20 U.S. Const. amend. II (The Second Amendment provides that “[a] well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”).
21 554 U.S. 570 (2008).
22 561 U.S. 742 (2010).
23 597 U.S. 1, 2 (2022).
24 Id.
25 Id. (Breyer, J. dissenting).
26 Cassandra McBride, How Many Guns in the U.S.: All About America’s Firearms in 2024, Ammo (July 14, 2025), https://ammo.com/articles/hoe-many-guns-in-theus (last visited Sept. 28, 2025) (Justice Breyer’s dissent in Bruen noted that the country, as of 2020, suffers nearly 50,000 gun deaths per year, 270 mass shootings per year, and 44 gun-related road rage deaths per month).
27 Hughes at *52.
28 Id. at *36.
29 Id. at *36-39.
30 Id. at *40 (Second Amendment rights were only incorporated against the states by way of the Fourteenth Amendment’s Due Process Clause in McDonald).
31 Sen. Brent Taylor, Letter to Jonathan Skrmetti (Aug. 26, 2025), https:// tennesseefirearms.com/2025/09/tennessee-legislators-calling-for-the-stateattorney-general-to-honor-the-trial-courts-ruling/ (last visited Oct. 7, 2025).
32 Sen. Ed Jackson, Letter to Jonathan Skrmetti (Aug. 27, 2025).
33 Sen. Page Walley, Letter to Jonathan Skrmetti (Aug. 27, 2025).
34 Deputy Speaker Joey Hensley, Letter to Jonathan Skrmetti (Aug. 27, 2025), Id.
35 Reps. Monty Fritts, Todd Warner, and Michele Reneau, Letter to Jonathan Skrmetti (Aug. 27, 2025), Id.
36 Hughes v. Lee, No. W2025-01327-COA-R3-CV at 2 (Tenn. Ct. App. filed 2025) (Notice of Appeal and Emergency Motion for Stay Pending Appeal).
37 Id. at 22-23.
38 Id. at 24.
39 Hughes, No. 24475, 2025 Tenn. LEXIS 2 at *1-2 (citing Nken v. Holder, 556 U.S. 418 (2009) (concluding that none of the Nken four factors favored granting a stay. The four factors are: 1) whether the stay applicant has made a strong showing of likely success on the merits; 2) whether the applicant will be irreparably harmed; 3) whether a stay will injure other parties interested in the proceeding; and 4) where the public interest lies).
40 Tenn. Code Ann. § 20-18-104; contra, Tenn. Code Ann. § 20-18-105(c) (redistricting challenges are appealable to the Tennessee Supreme Court as a matter of right).
continued from page 19
administration of justice.” Because a society based upon the rule of law is “an orderly and just society,” the Preamble recognizes that “[l] awyers play a vital role in the preservation of society.”16 Specifically, the Preamble notes, “An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.”17
Thus, lawyers should stand tall. By conforming to our ethical duties and striving to reach our aspirational ethical goals, we are preserving the rule of law.
1 William R. Bay, The ABA Supports the Rule of Law, Am. Bar Assoc. (Feb. 10, 2025), https://www.americanbar.org/news/abanews/aba-news-archives/2025/02/abasupports-the-rule-of-law, last visited Oct. 6. 2025.
2 Debra Cassens Weiss, ABA More than 50 Bar Associations Condemn “Government Actions that Seeks to Twist the Scales of Justice,” Am. Bar Assoc. (Mar. 26, 2025), https://www.abajournal.com/news/article/aba-and-more-than-50-bar-associationscondemn-government-actions-that-seek-to-twist-the-scales-of-justice, last visited Oct. 6. 2025.
3 Am. Bar Assoc., The Rule of Law, https://www.americanbar.org/groups/public_ education/resources/rule-of-law/, last visited Oct. 6, 2025.
4 Tenn. Sup. Ct. R. 8, Preamble [7].
5 Jonathan Cooper, The Proliferation of Misinformation, DICTA (Jan. 2025), at 5.
6 Id.
7 Tenn. Sup. Ct. R. 8, Preamble [7].
8 Tenn. Sup. Ct. R. 8, RPC 6.1(b)(1).
9 Tenn. Sup. Ct. R. 8, Preamble [6].
10 Id.
11 Tenn. Sup. Ct. R. 8, Preamble [7].
12 Tenn. Sup. Ct. R. , RPC 8.2 comment [3].
13 Tenn. R. Prof. Conduct 6.1, comment [8].
14 Tenn. Sup. Ct. R. 8, Preamble [6].
15 Tenn. Sup. Ct. R. 8, Preamble [7].
16 Tenn. Sup. Ct. R. 8, Preamble [14].
17 Tenn. Sup. Ct. R. 8, Preamble [12].
By: Samantha Monday Case Manager, Knox County Sheriff’s Office
On an average afternoon, I’ve assessed at least three individuals and worked on five treatment plans, answered dozens of emails and several calls, responded to texts, and likely attended court that morning. The individuals within the justice system typically have complex problems and complex backgrounds that have caused them to make bad choices and bad decisions to end up in custody. We have all seen a lot from our clients over the years and sadly uncovered and heard some stories from people that would be in most people’s nightmares. The people that get intertwined in the justice system have a story in their background that sent them down a path, frequently that made them become a victim of a crime, and often they have never told anyone. I am blessed to have gained the trust of people, and they have finally been able to begin their healing journey by telling someone their story. The ability to gain the trust of the individual allows me to work with them through a treatment plan that can address those stories they are carrying around with them.
Several years back, I was asked what I wanted out of a job/career and my answer was and still is, “make a positive difference in the lives of others.” Many people know their calling to work in the legal system from an early age, whether that is to put on a uniform and carry a gun or to be an attorney, judge, or some administrative role. I can’t say that was the case for me. My path to get to this role was a long and winding road, but my education and every job I previously had was preparing me for this role. I love my role in being an advocate for individuals/inmates, assisting in the judicial process, and seeing people become healthy, happy, and begin their recovery journey. I could not do any of this without the relationships I’ve built over the years.
My role within the justice system is interlaced between the judicial system, the correctional system and the alcohol/drug treatment world. My relationships with all facets of the system are vital to being able to assist our clients with access to treatment, housing, mental health, case management, and many other resources. These relationships have taken years to build and maintain, and I never take them for granted. By being positioned inside the detention facility, I get to know what’s happening day to day with the population and the individuals on my caseload. Being inside the detention facility also allows me the privilege to work closely with the mental health team, the medical team, and the officers. The alcohol and drug treatment arena is unique and ever changing, from grants to insurance policies to the current trends in the drugs being used. Alcohol and drug treatment is always evolving to adapt to the changing dynamics of drug use and adapt to the ever-changing types of people using them and their mental health needs.
Many individuals with substance use disorder are also co-occurring, meaning they have both a substance use disorder and a mental health diagnosis. According to Substance Abuse and Mental Health Services Administration (SAMHSA), 21.5 million adults in the United States are co-occurring, according to a survey from 2022. When you look at individuals who are incarcerated in jails, 44% have a mental illness and 63% have a substance use disorder (SAMHSA). As we all know, the drug epidemic in our country has continued to grow, and the types of drugs are changing and getting more dangerous. Just as recently as September 24, 2025, the TBI issued an emergent substance update that Medetomidine, a veterinary medication that is 100-300 times more potent than xylazine, is becoming more prevalent in our state after being sparsely seen all over the country. Here in Knox County, we are blessed that our overdose death rate has been on a steady decline over the last few years. There are several reasons for the decline: fear/changing habits, naloxone more readily available, medically assisted treatment (MAT) more readily available, and overall awareness of the dangers of fentanyl
and fentanyl-type drugs. We are blessed to have people actively working in our community through various partners to provide information, hand out naloxone, and provide programs for treatment and MAT.
We all know about our clients and often know the pitfalls they face, but we also remember that resources are very tight in our community. We are very short on inpatient treatment beds, quick access to intensive outpatient programs, and quick access to mental health care. Frequently we have few available sober living beds, no money to pay the deposits for those sober living beds, no transportation to get to these appointments, and often individuals in need of these services lack vital documents. But I do want to leave you with access to a resource guide that may help you and your clients: https://www.all4knox.org/resources/.
I’m one of the rare people who love what they do every day— well, most days! I have the privilege to assist people when they are having some of the worst days of their lives, alongside their attorneys, prosecutors, and judges. It really is a joy to see someone months and years later when they are living lives of recovery, totally sober, reconnected with their families, and accomplishing their goals—ones they likely never dreamed they could accomplish. Working in the judicial system comes with challenges, but we are all putting forth the effort to see positive change in the lives of others, even if they are charged with a crime, and that is truly how we make change in our community. I’m blessed to work with a group of people daily in all facets of my job who help me reduce recidivism for our community and make a positive change for others.
attorneys at law is pleased to welcome Angela Gianino-Book to our legal team as an Associate Attorney.
First Horizon Plaza
800 S. Gay Street Suite 2300
Knoxville, TN 37929
www.arnettbaker.com
170 Combined Years of Excellence
By: Parker Bohne
LMU Duncan School of Law
J.D. Candidate, 2026
Balter Beerworks is a perfect blend of Knoxville charm and industrial cool. Set in a renovated gas station, the brewery keeps its roots visible with concrete floors and white brick walls, softened by the warmth of exposed wooden trusses, rich wood tables, and cozy lighting. Large windows flood the space with natural light, making it feel open and lively during the day while the glow of the lights gives it a laid-back warmth at night. Outside, there’s plenty of patio space for those who want to enjoy a beer in the open air, whether you’ve got your dog lounging by your feet or the whole family gathered around the table.
Balter Beerworks’ tap list hits every corner of the flavor spectrum, with a lineup that’s as approachable as it is creative. Their Bright and Crisp staples set the tone—Good Neighbor, a German-style Kölsch, is pale and refreshing, while Vecino, a Mexican lager served with a lime wedge, keeps things light and easy for any occasion. On the hoppier side, Firebelly, their flagship American IPA, brings pine and citrus in perfect balance for those who like a little bite with their brew.
Their seasonal menu keeps the rotation exciting by offering something new every visit. The 4th & Pils delivers a true Czech-style smash pilsner that’s bright and snappy, while hop lovers can chase the bold bitterness of the West Coast DIPA, brewed with Centennial, Amarillo, and Simcoe hops. Fans of malt and toast will find comfort in the Vecino Ambar or the autumn-ready Oktoberfest. If dark beer is more your style, the Czech Dark and Bear Blend give you a robust, roasted flavor without much heaviness, and the Pumpkin Spice Bear Blend adds a seasonal twist. For something a little fruitier, Balter’s Yuzu Pineapple Sour and classic Hefeweizen bring bursts of tropical and banana-clove notes. And if beer isn’t your thing, the full-service bar’s handcrafted cocktails have you covered. Or just stop by for brunch and grab a $2 double mimosa or a $10 carafe to keep the good vibes flowing through the weekend.
What truly sets Balter apart from the other breweries we’ve visited in past editions of this column is the kitchen. When it comes to food, Balter delivers a menu that will satisfy any stomach. For brunch on weekends, they lean into comfort—with classics like chicken and waffles, biscuits and gravy, and shareables like deviled eggs, designed to pair perfectly with that $10 mimosa carafe (yes, it’s as good a deal as it sounds). For lunch and dinner, you’ll find a range of options. From elevated pub
fare (think crispy fish tacos, cheeseburger sliders, salads, and melt-style sandwiches) to heartier plates (like grilled salmon, blackened steak tacos, and killer burgers). At Balter, there’s no such thing as a wrong choice— and you know that whatever food you order, it’s prepared with the same care and attention to detail as Balter’s craft beers.
Rusty Harmon NMLS #673950
Senior Vice President, Private Banker M: 865.719.9677 rusty.harmon@smartbank.com
Michael Rhodes Fitzgerald, Jr.
BPR #: 040361
District Attorney General7th Judicial District 101 South Main Street, Suite 300 Clinton, TN 37716-3619
Ph: (865) 457-5640 Mf5sox@comcast.net
Matthew W. Pettit
BPR #: 041805
P.O. Box 682 Knoxville, TN 37901-0682
Ph: (615) 866-5585 Mpettitlaw@gmail.com
Carson Mastin Attorney-at-law
Our dedicated private banking team offers exclusive services to attorneys and their practices, providing a deep understanding of your financial ambitions and a collaborative partnership.
We invite you to experience banking redefined.
Please note the following changes in your KBA Attorneys’ Directory and other office records:
Matthew W. Sherrod
BPR #: 027533
Fisher | Russell PLLC
9950 Kingston Pike, Suite 301 Knoxville, TN 37922-3319
Ph: (865) 259-7777 msherrod@fisher-russell.com
Katherine Sierra-Kelly
BPR #: 027533
Gravis Law
200 Prosperity Dr., Suite 105 Knoxville, TN 37923-4718
Ph: (865) 346-2790 katherine@gravislaw.com
Peyton C. Anderson
Ellie M. Boll
Ripley M. Bowman
Matthew Burger
Hudson Calfee
Marilou L. Carr
Giselle A. Castro
William C. Catlett
Apryl N. Chainey
Stefan Conlee
Dylan M. Conyers
Brooke Cooper
John P. Valliant III
BPR #: 040480
Reynolds, Adkins, Brezina & Stewart, PLLC 606 W. Main St., Suite 225 Knoxville, TN 37902-2617
Ph: (865) 525-0505 johnvalliant3@valliantlaw.com
Erin J. Wallen
BPR #: 029443
The Trust Company of Tennessee 4823 Old Kingston Pike Knoxville, TN 37919-6473
Ph: (865) 251-3834 ewallen@thetrust.com
Clint William Wren
BPR #: 039493
Lincoln Memorial UniversityDuncan School of Law 602 W Summit Hill Dr. Knoxville, TN 37902-2011
Ph: (865) 637-0484 clint.wren@lmunet.edu
THE KNOXVILLE BAR ASSOCIATION IS PLEASED TO WELCOME THE FOLLOWING NEW MEMBERS:
Taylor B. Corum
Morgan M. Delashmitt
Alaina Dubravetz
Benjamin Matthew Edwards
Georgia Fischer
Jannelle A. Flores
Zachary A. Gilbert
Sarah Gonce
Emma Heilman
Sarah E. Justice
Laurence P. Keim
McKenzie Larrimore
Saiid Lewis
Reagan Locke
Valeria Loggiodice
Shelby Maier
Alexandria Marsicovetere
Samuil Matveev
Brittany Mauro
Christopher L. McCann
Clara A. Miller
Kate Nanovic
Ashley Novit
Abby M. Nunley
Sara Parker
Rachel L. Parott
Domingo A. Pasillas
Rose M. Potter
Kaitlin M. Quick
Adley E. Ragan
Chloe Randolph
Ben Robbins
Colin Rochelle
Holden Rogers
Julia Ronney
Eleanor A. Schaffer
Taylor R. Schneider
Joseph A. Shaklik
Olivia Shoener
Victoria G. Snow
Jacob C. Spelta
Shannon Talon Sulfridge
Sophia Thompson
Riley Tubbs
Marina Viele
Connor Villalpando
Gabrielle E. White
Alyssa Williams
By: Bridget Pyman Arnett | Baker
This article highlights the volunteer efforts of KBA members as they care for our community by supporting the Volunteer Ministry Center’s Volunteer Breakfast and participating in new initiatives, including the Community Coalition Against Human Trafficking’s Family Table program and Knoxville CareCuts.
Bradley’s Commitment to Community
Bradley Arant Boult Cummings was proud to sponsor the Knoxville Barristers’ Volunteer Breakfasts at the Volunteer Ministry Center in both January and September, continuing a long tradition of giving back to the communities where its attorneys live and work.
Even with nearly 800 attorneys across 13 offices in seven states and the District of Columbia, Bradley Arant Boult Cummings remains deeply rooted in the communities it serves,” shared Grant Williamson, an attorney in the firm’s Knoxville office who has volunteered at both breakfasts.
“The firm provides financial support to local causes and encourages its attorneys to invest their time and energy in organizations and initiatives that help meet the unique needs of the communities where each office is located.
That same spirit of service drives Bradley’s robust pro bono program, which plays a vital role in expanding access to justice for those who might otherwise go unrepresented. The firm’s attorneys dedicate significant time to causes including death penalty defense, adoptions, evictions, human rights, privacy rights, and prisoner rights, as well as providing support to charitable nonprofits, people in recovery, and low-income inventors, artists, and entertainers.
In October, Bradley joined in celebrating National Pro Bono Week, recognizing the firm’s ongoing commitment to Supporting Communities Through Pro Bono, a reflection of the belief that everyone deserves equal access to justice and that meaningful service remains an essential part of the legal profession.
The Barristers’ Volunteer Breakfast Committee recently announced two additional ways to make a tangible impact on our community.
Thanks to the generosity of KBA members, the Committee has long partnered with the Volunteer Ministry Center to provide warm meals through the Volunteer Breakfast program. Building on that tradition of service, the Committee is expanding its reach with two additional sponsorship options, each available at the same $150 level:
CareCuts of Knoxville: CareCuts is a volunteer-run nonprofit that provides haircuts, hospitality, and essential supplies to individuals experiencing homelessness, helping them move forward with dignity. In addition to volunteer opportunities, the organization is currently in need of donated items such as powdered Gatorade, paper towels, ramen noodles, and protein bars. More information is available at https:// carecutsknox.org
The Barristers’ Volunteer Breakfast Committee extends its sincere thanks to Knox County Criminal Court Clerk Mike Hammond for sponsoring the committee’s recent partnership with CareCuts of
Knoxville. Mike’s generosity made it possible to provide backpacks, toothpaste, and shaving cream – items specifically requested by CareCuts to help meet immediate needs. Committee members Mariel Bough and Miranda Goodwin recently joined one of the organization’s outreach days, where they helped register more than 200 unhoused individuals and witnessed firsthand the impact of CareCuts’ work in the Knoxville community.
Grow Free Tennessee – Family Table Program: Grow Free Tennessee, part of the Community Coalition Against Human Trafficking, provides critical support to trafficking survivors on their path to healing and restoration. Through the Family Table program, volunteers prepare and deliver a meal for 4–6 individuals staying in the organization’s safe house. More information is available at https://growfreetn.org/getinvolved/. For both programs, the Volunteer Breakfast Committee can assist with logistics including shopping for and delivering supplies to CareCuts or preparing and delivering meals for the Family Table program.
If you or your firm are interested in sponsoring or learning more about these opportunities to give, please reach out to KBA Membership Coordinator Bridgette Fly or Volunteer Breakfast Committee Co-Chairs Miranda Goodwin at mirandaegoodwin@gmail.com and Bridget Pyman at bpyman@arnettbaker.com.
By: Adriannette Williams Former Assistant Dean of Diversity, Equity and Inclusion
Lincoln Memorial University Duncan School of Law
It was no accident that I ended up in Knoxville, Tennessee. My journey here was the result of a series of divine connections, threads woven together by purpose, timing, and relationships that began long before I ever packed a bag for East Tennessee.
After law school, my property law professor, who later became a social media connection and is now like family, mentioned a unique opportunity at Lincoln Memorial University Duncan School of Law. I wasn’t looking to move at the time, but sometimes life plants a seed before you even realize it’s meant to grow. What began as a conversation turned into a calling. Knoxville wasn’t just the next chapter in my professional journey; it became a place where I would grow roots, build relationships, and find community in the truest sense.
When I first arrived, I came as a single woman, full of ambition, hope, and a quiet determination to make an impact. I leave with so much more –– a beautiful family, lifelong friendships, and a heart full of gratitude for this city that embraced me. Knoxville gave me space to evolve both personally and professionally. It shaped me in ways that I could never have planned, and for that, I will always be thankful.
Throughout my time here, I have tried to live by one principle: work for the cause, not the applause. Titles fade, awards gather dust, but the real measure of our work is the change we create in others, the space we make for voices that have too often been overlooked, and the bridges we build across lines of difference.
At LMU Law, I had the privilege of serving as Assistant Dean of Diversity, Equity, and Inclusion. It was a role that stretched me, challenged me, and reaffirmed my belief that education, especially legal education, can be transformative when it’s inclusive. From our Lincoln Scholars to community outreach initiatives, from mentoring first-generation law students to organizing events that brought difficult but necessary conversations into the light, my goal was always to make people feel that they belonged, that they were seen, valued, and capable of succeeding here.
Knoxville’s legal community welcomed me into that mission. I will never forget the colleagues who extended friendship and mentorship, the students who trusted me with their stories, and the organizations that invited me to partner on causes bigger than any one person. I’m especially grateful to the Knoxville Bar Association, the East Tennessee Lawyers Association for Women, and the many community partners who shared in our efforts to expand access, equity, and service.
Serving as co-chair of the Knoxville Bar Association’s Diversity, Equity, and Inclusion Committee was one of the most meaningful parts of my time here. Through that work, I had the opportunity to collaborate with colleagues across practice areas to create programs and discussions that centered on belonging, understanding, and shared growth. Whether it was hosting educational panels, developing community partnerships, or providing space for honest conversations about equity in the profession, the focus was always on bringing people together. The KBA’s commitment to building a more inclusive legal community reminded me
that lasting change begins with intentional dialogue and the courage to keep showing up for one another.
That same spirit carried through the diversity and inclusion CLEs, mentorship events, and countless student gatherings that filled our calendars and our hearts. Whether we were discussing the Supreme Court’s latest DEI decisions or celebrating the incredible women in our profession, the focus was always on connection.
Knoxville’s legal community is uniquely special in that way. It’s big enough to foster opportunity, yet small enough to still feel like family. You learn quickly that people here don’t just work alongside you. They root for you, challenge you, and show up for you when it matters most. That’s something I’ll carry with me always.
When I reflect on what I’m most proud of from my time here, it’s not a list of programs or initiatives, it’s the people.
The students who overcame obstacles and went on to pass the bar. The colleagues who collaborated to make the law school a more inclusive place. The community partners who helped us turn ideas into action. Every success, every milestone, every moment of growth was a shared one.
And so, as I say goodbye, or perhaps, see you later, I do so with immense gratitude. I didn’t get the chance to say it before, but I want to say it now: thank you. Thank you to everyone who believed in the mission, who gave their time, who offered encouragement when the work was hard, and who stood beside me as we tried to make things just a little bit better for those coming behind us.
Knoxville has been more than a place of work for me. It has been a place of purpose. It has taught me that leadership is not about visibility, but about impact. That legacy isn’t built in moments of applause, but in the quiet influence of consistency and care. And that sometimes, the most meaningful goodbyes are the ones that happen not in words, but in the lives we’ve touched.
I often say that my goal was never to make my presence known, but my absence felt. I hope, in some small way, that will be true here. I hope the programs continue to grow, the students continue to thrive, and the community continues to find new ways to lift one another up. Because this work, our collective work, will always be bigger than any one of us.
As I step into this next chapter, I carry Knoxville with me. Its people, its lessons, its kindness, and its unwavering belief that good work matters. I came here to serve, and in doing so, I was deeply blessed.
Thank you, Knoxville, for giving me a home, a platform, and a purpose. I may no longer be physically present in this city, but you will always have a place in my heart.
Editor’s Note:
Adriannette Williams recently served as Assistant Dean of Diversity, Equity, and Inclusion at Lincoln Memorial University Duncan School of Law. She has moved back to her home state of Texas, along with her two sons, though she remains a KBA member. We will miss her.
By: Sarah M. Booher Tennessee Department of Human Services
I saw the much-acclaimed author Silas House speak at Church of the Ascension last night in a joint event with Union Ave Books. His newest book is a collection of poetry called All These Ghosts and thematically grapples with House’s decade-long grief over the loss of a place and time (and thus people) that we can never get back. For him, writing is the selfish act of trying to answer some abstract question, to struggle with some great something.
This passing comment sat down in the pew next to me and really nestled in. All along, I’ve wanted to write about this past weekend. As a lover of Knoxville who is tasked with writing about life in Knoxville outside of the practice of law, our staycation seemed like the perfect topic for this month’s DICTA column. But as the kids these days say about their current romantic relationships, or just about anything really, “it’s complicated.” The complication is what I’m wrestling with, what is resistant to sorting itself out in my brain before we go to press and hit mailboxes across town.
In short, there’s all these ghosts.
We’ve already planned several getaways to Abingdon before: a play at the Barter Theater, dinner at The Tavern, a stay at some charming B&B. For one reason or another, we still have yet to make it there. This time the call of duty pulled rank over the delight of galivanting. Deacon’s best friend and dogsitter had her own things going on. My mom was turning the big 8 – 0 and, to rub salt on the wound of aging, one of my parents’ best friends died, and Joyce’s memorial service was scheduled for October 4th, my mother’s birthday. I quickly pivoted and reorganized the weekend: go to Elizabethton Friday evening, celebrate my mom’s birthday, wake up Saturday and do the funeral, then head back to celebrate the anniversary of Boy meets Girl at home in our fair city.
Mary Chapin Carpenter show at the Bijou on Sunday. Not only did we organize a great time, but we also had a great time. What wasn’t to love about that itinerary?
Knoxville is funny. It’s scrappy. It’s entertaining. Our downtown is rivaled by precious few. Every time I take a seat at the Tennessee Theatre, I marvel at how lucky we are to have it. I think about memories I’ve made underneath that stunning blue dome, from the Pixies to Trampled by Turtles. The Kennedy is beautiful and there’s something magical for me about sitting at that bar, people watching, sipping a gin & tonic. More importantly, my parents are still here, physically and financially able to live their own independent lives.
But, like House, I too long for a time and place that I can never get back. I wrestle with the loss of my relationship with my father before life-changing diagnoses and mini strokes, when I thought first about him as a person, rather than worried immediately about his mobility. I already miss talking jigsaw puzzles with Joyce and Thanksgiving at her dining room table. Last year I found one of my first favorite puzzles, a Ravensburger called Wanderers Cove, that I thought was lost and gone forever. Turns out, I’d just given it to her on extended loan. I grapple with the Knoxville that I moved to in 2005 and the one I see now, for better or worse. The Strip is so much prettier and safer but has lost a whole lot of personality in the process. And what I wouldn’t give for another plate of the Puleo’s fried green tomatoes and grits I ate often (including my celebratory dinner after my swearing-in)! I want to hear Mary Chapin hit the high notes of her songs the way she originally wrote them, the way my young teenage self heard them as she formed her sense of self. I struggle with all that will one day be.
My parents met Joyce and Jim in 1983 when we all lived in Mississippi. Both couples retired to Upper East Tennessee, where about fifteen years ago Joyce and my father started a kayaking group called The Wobbly Warriors. Membership required a chronic, life-altering/ threatening medical condition. Joyce’s was her heart, and it rather unexpectedly gave out last month during surgery at Vanderbilt.
My father is now the sole-surviving member of the Wobbly Warriors, and his medical condition makes him, well, wobbly. No sooner had we arrived, and I was washing my hands at the kitchen sink, than I looked out and saw my father fall on the driveway. Obviously, I did what all well-composed, daddy’s girl, articulate attorneys do in that moment, which is about the same thing they do when they’re having trouble writing. I just started hollering.
I finally got enough words out for J to run outside and peel my father off the ground, miraculously and surprisingly unscathed given his history with falls. After the funeral the next day, J put a vintage tin can on a high shelf my mother can’t reach while I downloaded pictures from her email to her computer for her. She admitted that this birthday might mean they’re actually old folks now.
We planned a great time for ourselves back home in lieu of the once-again tabled Abingdon: the early Henry Cho show at Tennessee Theatre, dinner at Not Watson’s, and the late showing of Good Boy at Central Cinema on Saturday, and then dinner at The Kennedy before the
I love taking big trips, and I adore escaping town. But then again, I think, and struggle to put into words, the true beauty of this life and all these ghosts that haunt us daily. They are the fleeting consciousness, the understanding of the frailty of the perfect moments as they glide from our fingertips, the holiness of the relationships that are and have been, and the hope of things to come.
