Nashville Bar Journal | February 2012

Nashville Bar Journal February 2012 - VOL 12, NO. 1

------------------------------------------------------------------------------

ADA Amendments Kathleen Pohlid

------------------------------------------------------------------------------

DIMINISHING DUE PROCESS: What you Need to Know about the National Defense Authorization Act Patrick Frogge

------------------------------------------------------------------------------

Grandma Got Run Over by the Voter ID Law Lynda Jones

------------------------------------------------------------------------------

Providing Real Security at the Polling Place Simply Requires Embracing Our Past David Collins

------------------------------------------------------------------------------

Event Date: Thursday, May 10, 2012

You Are Invited...

NEW Location: Nashville Golf & Athletic Club in Brentwood Times: 12:00 pm - Range Balls Available 1:30 pm Shotgun Start

The Middle Tennessee Chapter of the Association of Legal Administrators cordially invites you to its annual Managing Partners Luncheon.

Take advantage of the opportunity to hear Thomas S. Clay, a nationally recognized speaker and principal with the legal consulting firm of Altman Weil, Inc., discuss 2012 Legal Industry Trends.

This event is open to the legal community; ALA membership is not required.

Following Play:

We will have a Cookout and Prizes at the conclusion of Play

The 2012 NBA Golf Tournament is set for Thursday, May 10, 2012 at the Nashville Golf & Athletic Club in Brentwood. This year we will be playing at the private NGAC golf course, featuring a breath-taking panorama of the beautiful countryside and hills of Tennessee, representing a lovely series of opportunities for today's golfers. Range balls will be available at Noon with a Shotgun start at 1:30 p.m. We will have a Cookout and Prizes at the conclusion of Play. There will be team prizes and individual contests (longest drive, longest putt, closest to pin, etc.)

Please use the form below to register yourself or a team. You can also register online at www.nashvillebar.org Late fees apply after Thursday, May 3, 2012. If you have any questions, you can contact Traci Hollandsworth at the NBA (242-9272 or traci.hollandsworth@nashvillebar.org

---------------------------------------------------------------------Principal Player Information:

April 18, 2012 NooN - 1:30 p.m.

WAller lANsdeN dortch & dAvis NAshville city ceNter, 28th Floor, 511 UNioN street, NAshville, tN

Name: BPR#

Phone:

Email: FOURSOME:

1.

Handicap

$50.00 per persoN

2.

Handicap

(limit tWo AtteNdees per lAW Firm)

3.

Handicap

To RSVP, please visit: WWW.mtAlA.org.

Registration is limited and ends April 10, 2012.

Handicap 4.

--------------------------------------------------------------------------Entry Fees: (Price includes greens fee, cart, lunch, snacks, beverages and

range fees) NBA Members on or before May 3: $140.00*; Non-NBA mem-

bers on or before May 3: $160.00* Card Type: Visa MasterCard Discover

Send check to: Nashville Bar Association 150 4th Ave., N., Suite 1050 Nashville, TN 37219

Credit Card Number:

Exp Date:

CVC Code:

--- or ---

Register Online at www.nashvillebar.org --- or ---

SponSored by richardS & richardS

Fax to: 615.255.3026 Phone in: 615.242.9272

Signature:

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

ADA Amendments

February 7 - 3:30 p.m.

NBA Board Meeting

Kathleen Pohlid

February 9 - 4:30 p.m.

Sister Cities Meeting @ Gail Ashworth's Office

PAGE 6

DIMINISHING DUE PROCESS: What you Need to Know about the National Defense Authorization Act PAGE 8

Patrick Frogge

FROM THE PRESIDENT What We've Got Here Is Failure to Communicate PAGE 2

John Kitch _______________________________________________ 4 Communiqué • Randal S. Mashburn Investiture • Race Judicata • 2012 NBA Golf Tournament • 1L Minority Job Fair • Award nominations Sought • Upcoming Events

_________________________________________________________ 10 Grandma Got Run Over by the Voter ID Law Lynda Jones _________________________________________________________ 12 Bill & Phil’s Gadget of the Month: Dragon Naturally Speaking Guest writer: Tim Ishii Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________ CLE Information - Center Section _________________________________________________________ 14

February 10 - 12 p.m.

Federal Court Committee Meeting February 14 - 11:30 am L.A.W. Meeting

February 29 - 1:00 p.m Golf Planning Meeting April Sister Cities Visit, Caen Delegation April 30 11:15 a.m. - 12:15 p.m.

Law Day Luncheon @ Renaissance Hotel

February 17 & 18 YLD Mock Trial Competition @Metro Courthouse February 21 - 12 p.m Ethics Committee Meeting February 23 - 12 p.m NBF Trustees Meeting February 24 - 3 p.m Investiture of Randal S. Mashburn @ United States Customs House February 24 & 25 – 1L Minority Job Fair @Bass Berry & Sims

View Full Calendar online at www.nashvillebar.org

-Golden Oldies-

Profile: Chancellor Carol McCoy

Bart Pickett _________________________________________________________ 17

Providing Real Security at the Polling Place Simply Requires Embracing Our Past

David Collins _________________________________________________________ 18 Juvenile Dependency and Neglect Cases Mary Fran Parker _________________________________________________________ 22 Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory _________________________________________________________ 24 Classified Listings _________________________________________________________

----------------------------------------------------------------------------------------------Identify the individuals in the photo. Be the first to email the correct answer to nikki.gray@nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue.

------------------------------------------------------------------------

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

John Kitch, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor

FROM THE PRESIDENT

by John Kitch

What We've Got Here Is Failure to Communicate

1

eleanorwetzel@jis.nashville.org

Journal Staff: Nikki Gray, Director of Communications nikki.gray@nashvillebar.org

Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org

Editorial Committee: Kelly L. Frey Kathleen Pohlid Tim Ishii Tracy Kane Rhett Parrish Bill Ramsey Rita Roberts-Turner Eleanor Wetzel David Winters Victoria Webb

Nashville Bar Association Staff Gigi Woodruff Executive Director ----------Tina R. Ashford Communications Coordinator Susan W. Blair Director, Continuing Legal Education Shirley Clay Finance Coordinator Wendy K. Cozby Lawyer Referral Service Coordinator Nikki R. Gray Director of Communications Traci L. Hollandsworth Programs & Events Coordinator Judy Phillips CLE Coordinator Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy.

POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219 No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork.

All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

Nashville Bar Association 150 Fourth Avenue North Suite 1050 Nashville, TN 37219 615-242-9272 Fax 615-255-3026 www.nashvillebar.org

2

Nashville Bar Journal - February 2012

I’m getting pretty tired of hearing older lawyers say that young lawyers are difficult to deal with because they are unprofessional and uncivil. They tell me that these new lawyers are unwilling to listen to reason, are unprincipled and just are not very nice. At the same time they tell me that Nashville is a great place to practice law.

Funny — I hear the same things about us older folks from young lawyers, who also then tell me that Nashville is a good place to be.

So why do these conflicting perceptions exist? It seems to me that the contradictory charges of incivility and unprofessionalism going each direction stem from differences in the way lawyers communicate, or don’t, in this modern world. Part of that comes from generational differences. Another factor is that alternative dispute resolution has diminished the time lawyers actually see each other in court. Part of it comes from the ways in which we now interact with each other. Let’s take these in turn.

In a 2002 USA Today article Claire Raines, co-author of Generations at Work, stated that "There are more pronounced differences between the generations today than there ever has been before.” David Stillman, co-author of When Generations Collide, observed that for the first time there are four generations in the workplace.

These generations have been labeled Traditionalists, those born before 1943; Baby Boomers born between 1943 and 1960; Generation X, born between 1960 and 1980; and Millennials, born after 1980. People in each of these generations now are practicing law, and while stereotyping by age can be misleading there are clear differences among these groups.

My values, ideas, work ethic, attitude toward authority, and outlook on life may not be the same as those of my younger colleagues. For example, I remember the Vietnam era like it was yesterday, although I never served there during my time in the Army. Still, my military service during that time shaped me. But to Gen Xers and Millennials Vietnam is just something in a history book and most have never served in the armed forces. They were shaped by their experiences, different from mine. Here’s a clue for communicating with those in different generations: be willing to listen to them, learn from them, get to know them. Each generation has something to teach the others.

Another aspect of the problem is alternative dispute resolution. I believe in ADR and my clients and I have benefitted from the mediation of disputes. Still, I miss the time I used to spend at every “Friday Morning Social Hour,” a/k/a the Davidson County civil court motion dockets. I could chat with old friends and make new ones.

I could see people I otherwise wouldn’t see in my daily routine. I could schmooze with the clerks and the judges’ court officers, always a good thing for a lawyer to do.

Sometimes even now when I have no motions scheduled I go to the courthouse on Fridays for no other purpose than to stay in touch.

Finally, I find that modern technology is both a blessing and a curse. Cellphones, email, Twitter, Google+, IMs, and Facebook all make communication convenient and instantaneous. We can be in touch with people everywhere at the push of a button. That’s fine, but something gets lost in the electronic world. I actually have gone from start to finish in a legal matter without ever being in the physical presence of the other lawyer, and I missed the face to face connection. Another

2012 NBA BOARD OF DIRECTORS

problem is that it’s easier to be mean to someone from behind a keyboard. You sit there and type an angry message in the heat of the moment. Before you think about it you’ve hit “Send” and you can’t take it back. In my experience if I’ve had lunch, coffee or an adult beverage with adversary counsel I am far less likely to shoot out a “nastygram” just because I can.

Here’s a thought. Join an NBA Committee or two, actually show up for the meetings and actively participate. Turn off your computer for a while and call a colleague — friend, foe or even someone you don’t know — and meet for lunch or coffee. Get to know that lawyer as a real person with a life outside the law.

Listen to what he or she has to say, and be willing to learn from him or her. Even someone you don’t like now might become a friend with a little effort on your part.

One of our local distinguished jurists used to say that the trouble with lawyers today is that they don’t drink enough whisky together. Well, whether you drink whisky or not, why not give getting together with a colleague a shot?2 And if you’re buying, I just might be available. n ----------------------------------------------------------------1 2

The Captain, Cool Hand Luke Pun intended.

John D. Kitch, President Tom Sherrard, President-Elect Hon. Randy Kennedy, First Vice President Hon. Marietta Shipley, Second Vice President Rebekah Shulman Secretary M. Bernadette Welch, Treasurer Trace Blankenship, Assistant Treasurer Gareth Aden, General Counsel Rebecca C. Blair Robert E. Boston C. Dewey Branstetter, Jr. C. Dawn Deaner Charles K. Grant Barbara D. Holmes Michele M. Johnson Edward D. Lanquist, Jr. John C. McLemore Jeffrey Mobley Patricia Head Moskal Maria M. Salas John R. Tarpley Overton Thompson, III Mandy Haynes Young

Got an Idea for an NBJ Article?

We want to hear about the topics and issues readers think should be covered in the magazine.

Send it to nikki.gray@nashvillebar.org

ORDER YOUR 2012 DIRECTORY ONLINE TODAY @ WWW.NASHVILLEBAR.ORG What Does That Attorney Look Like Who You Only Communicate With Via Email?

Need to find the New Address of an Old Law Parnter? ******************************************* Find Out In The New 2012 NBA Attorney Directory!

------------------------------------------------------------------------------------------• Attorney Listings For All Davidson County & Surrounding Communities ------------------------------------------------------------------------------------------• Over 500 New Member Photos ------------------------------------------------------------------------------------------• Comprehensive Court Listings ------------------------------------------------------------------------------------------• Field of Practice Listings ------------------------------------------------------------------------------------------• Firm Listings ------------------------------------------------------------------------------------------• Listings For All NBA Boards & Officers ------------------------------------------------------------------------------------------• Committee Information ------------------------------------------------------------------------------------------• NBA By-Laws & More -------------------------------------------------------------------------------------------

NASHVILLE BAR ASSOCIATION

150 4th Avenue North, 10th Floor, Nashville, TN 37219 (615) 242-9272 Fax:(615) 255-3026 www.nashvillebar.org Nashville Bar Journal - February 2012

3

communiqué

NBA NEWS n COMMITTEE INFORMATION

2012 NBA Golf Tournament 2012 Nashville Bar Association Golf Tournament Thursday, May 10, 2012 Nashville Golf & Athletic Club in Brentwood, TN This year we will be playing at the private NGAC golf course, featuring a breathtaking panorama of the beautiful countryside and hills of Tennessee, representing a lovely series of opportunities for today's golfers.

Registration forms and Sponsorship brochures coming soon.

Contact Traci Hollandsworth at traci.hollandsworth@ nashvillebar.org with any questions.

n

SPECIAL EVENTS

n

NBA NEWS n COMMITTEE IN

Randal S. Mashburn Investiture The investiture of Randal S. Mashburn as bankruptcy judge for the Middle District of Tennessee is scheduled for Friday, February 24, 2012. The ceremony will begin at 3 p.m. at the United States Customs House in Nashville, Tennessee. The public is invited to attend.

A reception will follow.

2012 NBA Damali Booker 1L Minority Job Fair Friday, February 24 – 5:30 p.m. Reception @ Bass Berry & Sims 6:30 p.m. Pizza & Panel Discussion @ Bass Berry & Sims Saturday, February 25 – 8:30 a.m. – 3 p.m. – Job Fair @ Bass Berry & Sims The 2012 Damali Booker 1L Minority Job Fair, hosted by the NBA Minority Opportunities Committee and Bass Berry & Sims, provides an excellent opportunity to interview and recruit first year minority law students who are interested in pursuing a summer clerkship and professional career in Nashville.

The NBA Minority Opportunities Committee extends its appreciation to the following Employers participating in the 2012 Damali Booker First Year Minority Job Fair:

Saturday, February 25, 2012 NBA Young Lawyer Division Race Judicata @ Percy Warner Park Land Rover Race Judicata is the Nashville Bar Association Young Lawyers Division's first event of the year.

Come out and support the event on February 25 at Percy Warner Park. Online registration for the 5K and 10K is open until February 24, 2012 at 12 noon. The 5k will begin at 8 a.m. followed by the 10k start at 9 a.m.

4

Nashville Bar Journal - February 2012

Bradley Arant Boult Cummings, LLP Burr & Forman, LLP Federal Public Defender Metropolitan Public Defender Nashville Electric Service Office of the Vice President and General Counsel Neal & Harwell, PLC Office of the District Attorney General Office of the Tennessee Attorney General Sherrard & Roe, PLC Tennessee Board of Regents - Office of General Counsel Vanderbilt University - Office of the General Counsel

-Golden Oldies-

Gareth Aden of Gullett Sanford Robinson & Martin PLLC correctly identified the individuals in the December 11 /January 2012 Golden Oldies photo.

Pictured are: Randall Wyatt and Doug Henry

NFORMATION

n

SPECIAL EVENTS

n

NBA NEWS n COMMITTEE INFORMATION

n

SPECIAL EVENTS

Nominees for Liberty Bell Awards Sought Nominations are being sought for the Liberty Bell Award that will be presented during the NBA’s annual Law Day Luncheon during Law Week.

This award is given to that person or group (not necessarily lawyers or law related groups) who has promoted better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government.

Nominations for the Liberty Bell Award should be directed to Traci Hollandsworth. She may be reached at 242-9272, or email her at traci.hollandsworth@nashvillebar.org.

Past LIBERTY BELL AWARD WINNERS: 1986 Dave Rutherford Bill Willis M. Lee Smith 1987 Connie F. Wright, Teacher James F. Blumstein, Vanderbilt Law School 1988 CASA 1989 Sharon DeBoer Kirk Loggins 1990 Wade Cowan NBA YLD (presented at Annual Banquet) 1991 Lt. Col. Jeff Henry Court Preparation Group 1992 Judith Cannizzaro, Metro Social Studies Coordinator Exchange Club of Nashville

1994 Marshall Albritton

2003 Andrea Conte

1995 Mary Ann Hea Kroger Company

2004 John Seigenthaler Nashville Conflict Resolution Center

1996 Nashville Banner 1997 Bradley MacLean Sabin R. Thompson N. Sue Van Sant Palmer Marlinda R. Bruno

2005 Judge George Paine Renewal House 2006 Drake Holliday (posthumously)

1998 Adinah Robertson

2007 Governor’s Books from Birth Foundation

1999 Tennessee Justice Center L.A.W. Early Truancy Program

2008 Judge Walter Kurtz

2000 Senator Douglas Henry NBA Young Lawyers Division

1993 George Rooker

2001 Richard Dinkins Mary Walker 2002 Wally Dietz

UPCOMING EVENTS: Napier-Looby Bar Foundation 7th Annual Barristers Banquet & Awards Program @ Renaissance Hotel Reception at 6 p.m. with Dinner and Program to follow at 7 p.m.

Thursday, February 16, 2012 -----------------------------------------------------Davidson County High School Mock Trial Competition @ Metro Courthouse February 17 & 18, 2012 -----------------------------------------------------

2009 Ross Alderman (posthumously) 2010 Joe Johnston 2011 Judge William Joseph Haynes, Jr.

n

NBA NEWS n COMMITTEE INFORMATION

Nominations Sought for Norman Award Nominations are now being sought for the Jack Norman Award that will be presented during the Nashville Bar Association’s Law Day Luncheon during Law Week.

The Award is given to a criminal law practitioner, including defense attorneys and judges of courts with criminal jurisdiction, who practice before or serve as judges of courts exercising criminal jurisdiction located in the Metropolitan Nashville area.

The award may be given posthumously.

The Norman Award must be given to an attorney whose primary practice is in or service pertains to criminal law, demonstrates respect for the rights of all individuals in the criminal justice system, exhibits the trial advocacy skills or judicial skills necessary to the pursuit of justice, demonstrates an abiding respect for the law and legal profession, maintains highest standards of professional integrity and ethical conduct, contributes to the improvement of the legal profession and criminal justice system, including but not limited to the provision of uncompensated or undercompensated representation of the accused.

Nominations for the Norman Award should be directed to Traci Hollandsworth. She may be reached at 242-9272, or email her at traci.hollandsworth@ nashvillebar.org.

Past NORMAN AWARD WINNERS: 1996 Jack Norman Sr., (posthumously) 1997 not presented

Investiture of Randal S. Mashburn @ United States Customs House February 24, 2012 - 3 p.m.

---------------------------------------------------1L Minority Job Fair @ Bass Berry & Sims February 24 & 25, 2012 ---------------------------------------------------Sister Cities Visit, Caen Delegation April 2012 --------------------------------------------------Law Day Luncheon @ Renaissance Hotel April 30, 2012 - 11:15 a.m. - 12:15 p.m.

----------------------------------------------------

n

1998 (Presented at Annual Banquet) Judge Tom Shriver

2003 not presented 2004 William M. Leech, Jr. 2005 Judge Randall Wyatt 2006 Hall Hardin 2007 not presented

1999 (Presented at Annual Banquet) Seth Walker John Hooker Sr.

(posthumously)

2000 James F. Neal

2009 Ross Alderman

2001 Joe P. Binkley Sr. 2002 not presented

1996 Charlie Ray

(posthumously)

2010 Ed Yarbrough 2011

Richard McGee

Nashville Bar Journal - February 2012

5

FEATURE

ADA Amendments by:

Kathleen Pohlid

"March 15, 2012” marks a significant date under the Americans with Disabilities Act of 1990 (ADA) for state and local government facilities and for places of public accommodation and commercial facilities.

They have a compliance choice: either ensure that all elements in their facility scoped under the ADA Standards for Accessible Design (“1991 Standards”) comply with that standard, or be subject to the 2010 Standards for Accessible Design (“2010 Standards”) for their entire facility. State and Local governments also have as a third compliance option the Uniform Federal Accessibility Standards (UFAS).

On July 23, 2010, the Attorney General, U.S. Department of Justice (DOJ) promulgated revised regulations setting forth ADA standards for compliance which included the 2010 Standards. 28 C.F.R. Parts 35 & 36. The revised regulations went into effect on March 15, 2011, and contained safe harbor provisions with respect to existing facilities and elements that were scoped under and complied with previous standards.

28 C.F.R. §§ 35.150(b) & 36.304(d). The 1991 Standards, 2010 Standards, and the revised regulations, along with several resources and references, are available via DOJ’s website at www.ada.gov.

The safe harbor provisions in the new regulations specify that the compliance standard selected will apply to an entire facility. For example, an entity cannot use the 1991 Standards for accessible routes and the 2010 Standards for accessible seating. On or after March 15, 2012, all newly constructed or

6

Nashville Bar Journal - February 2012

altered facilities must comply with all of the requirements in the 2010 Standards. If all of the elements in existing facilities as of March 15, 2012 already comply with corresponding elements in the 1991 Standards, then changes are not required to bring those elements into compliance with the 2010 Standards unless or until renovations or alterations are made. However, those facilities will be required to ensure they comply with new rules and regulations regarding new elements added to the 2010 Standards that were not scoped under previous standards.

The revised regulations implemented new rules involving service animals (defined to be limited to “service dogs”), the accommodation requirements for miniature horses to assist persons with disabilities, rules for effective communication with persons who have a hearing or vision disability, accommodation of wheel chair and power-driven mobility devices and accommodation with respect to exams and courses. Facilities were required to be in compliance with those new regulations by March 15, 2012.

Additionally, the revised regulations specify that existing facilities complying with the 1991 Standards must also comply with the requirements for newly scoped items added to the 2010 Standards which were not previously addressed in the 1991 Standards. 28 C.F.R. § 36.304(d)(2)(i). These elements include, among other things, requirements for playgrounds, swimming pools, golf courses, fishing piers, exercise equipment, ticket sales, reservations for hotel and lodging facilities, saunas and steam rooms, detention and correctional facilities, and judicial court rooms. The 2010 Standards go into effect on March 15, 2012.

Compliance with the ADA 1991 Standards, UFAS, or the 2010 Standards covers a broad range of facility elements including but not limited to sidewalks, parking lots, restrooms, seating, lighting, flooring, signage, and dispensers.

Furthermore, the regulations are very detailed, in some cases measuring compliance in fractions of inches or a few degrees of a slope or pull force. Since non-compliant elements are often easily detected to persons with disabilities who comprise an increasing consumer market, facilities that ensure compliance benefit from both a litigation avoidance and consumer relation perspective.

The 2010 Standards made several changes to items scoped under the 1991 Standards which facilities should consider in determining which standard they select for compliance. The 2010 standards impose greater restrictions with respect to reach ranges (limiting it to between 15 and 48 inches under the 2010 Standards, instead of the 1991 Standard of between 9 and 54 inches) and increase clearances for single-user toilet rooms. The 2010 Standards also contain revisions and additional guidance to assembly areas, common use circulation paths in employee work areas, accessible routes and transient lodging guest rooms. If a facility selects the 1991 Standards for compliance purposes, it should ensure that all elements of its facility comply with that standard

by March 15, 2012, otherwise, the 2010 Standard will apply.

The ADA was enacted on July 26, 1990, as a civil rights law with the purpose of ending discrimination against persons with disabilities and to allow them to participate more fully in society, including in employment and in public places. 42 U.S.C. § 12101. The ADA comprises five titles: Title I - Employment, Sections 101 - 108 (42 U.S.C. §§ 12111-12117), prohibiting discrimination against qualified individuals with a disability; Title II – Public Services, Sections 201 - 246 (42 U.S.C. §§ 12131-

12165), prohibiting discrimination against qualified individuals by public entities including those at the local and state level and discrimination in public transportation; Title III – Public Accommodations and Services Operated by Private Entities, Sections 301 - 310 (42 U.S.C. §§ 12181–12189), prohibiting persons who own, lease (or leases to), or operates places of public accommodation from discrimination “on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities or accommodations of any place of public accommodation; Title IV – Telecommunications, Sections 401 – 402 (47 U.S.C. §§ 225 & 611), setting forth requirements for hearing-impaired and speech impaired individuals with respect to telecommunication service and closed-captioning of public service announcements; and Title V – Miscellaneous Provisions, Sections 501-514, 42 U.S.C. §§ 12201 – 12213, setting forth other provisions including among other provisions, definitions, rules of construction, prohibitions against retaliation, attorney’s fees, and alternative means of dispute resolution.

The Attorney General is responsible for administrating and enforcing Titles II and III of the ADA, and promulgating and implementing regulations for this purpose. DOJ’s revised regulations amend the regulations under Title II pertaining to state and local public services, 28 C.F.R. Part 35, and under Title III pertaining to places of public accommodation and commercial facilities, 28 C.F.R. Part 36. Title II and Title III have no effect on state or local laws that provide greater protection for individuals with disabilities. Conversely, compliance with less stringent state or local laws does not constitute compliance with the ADA. Places of public accommodation are defined under the ADA as private businesses, whose operations affect commerce, and that fall within one of twelve categories:

(1) Places of lodging, excluding “an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor”; (2) Restaurants, bars, or other establishments serving food or drink; (3) Theaters, concert halls, stadiums, or other places of exhibition or entertainment; (4) Auditoriums, convention centers, lecture halls, or other places of public gathering; (5) Sales or rental establishments, e.g. bakeries, grocers, clothing stores, hardware stores, shopping centers; (6) Service establishments, e.g. laundromats, dry-cleaners, banks, barber/beauty shops, travel services, shoe repair services, funeral parlors, gas stations, accountants/lawyers/ insurance/healthcare provider offices, hospitals; (7) A terminal, depot, or other station used for specified public transportation; (8) A museum, library, gallery, or other place of public display or collection; (9) A park, zoo, amusement park, or other place of recreation; (10) Places of education, including nurseries and schools; (11) Social service center establishments, including day care center, senior citizen center, homeless shelter, food bank, and adoption agency; and (12) Places of exercise and recreation, including gyms, health spas, bowling alleys, golf courses.

(13) 42 U.S.C. § 12181(7). Commercial facilities include all facilities whose operations affect Continued on Page 15 

Nashville Bar Journal - February 2012

7

OPINION

DIMINISHING DUE PROCESS: What you Need to Know about the National Defense Authorization Act by:

Patrick Frogge

Echoing Benjamin Franklin’s famous quote that “those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety,” President Obama called on the United States to “reject as false the choice between our safety and our ideals” in his inaugural address. His recent signature of the National Defense Authorization Act (NDAA),1 reluctant or not, embraced that false choice, because the new law threatens to eviscerate due process for American citizens in the name of fighting terrorism.

To be clear, the NDAA is a spending authorization bill for the military, and some version of it necessarily passes every year. The controversy surrounding the NDAA for fiscal year 2012 has almost nothing to do with spending authorization, however. One subpart of the bill labeled “Counterterrorism,” contains several provisions related to military detention of terrorism suspects and the interaction between military detention and the operation of the criminal justice system which, when viewed as a whole, undermine the very ideals that made this country worth protecting in the first place.

The first, and arguably most shocking, portion of the bill, Section 1021, codifies authority claimed by both the Bush and Obama administrations to detain suspected terrorists by “affirm[ing] that the authority of

8

Nashville Bar Journal - February 2012

the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force . . . includ[ing] the authority for the Armed Forces of the United States to detain covered persons . . . pending disposition under the law of war.” The bill defines “covered person” as either “[a] person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks” or “[a] person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”

(Emphasis added). “Disposition under the law of war” includes “detention . . . without trial . . . until the end of the hostilities,” as well as military tribunals, “alternative courts,” and the like. Vagueness aside, the law now authorizes the military to indefinitely detain, without charge, people suspected of involvement with terrorism, including not only suspected terrorists, but those who allegedly support them, and does not exclude United States citizens apprehended in the United States. In other words, this omission amounts to the very real possibility of effectively denying due process to those people accused of terrorism, even if they are United States citizens.

Of course, the bill in its various forms triggered widespread criticism, at least among civil rights groups. The Executive Director of the ACLU, for example, said, “President Obama's action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law. The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield.”2 In response to the criticisms, President Obama issued the following statement: I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.3 The problem with this sleight of hand, i.e., claiming expanded power while promising not to use it, is dangerous, for several reasons. First, there is no express limitation on the President other than his promise. He, like his predecessor, is effectively telling the American people to trust their government. Second, there is no limitation on future presidents, and, certainly no guarantee that they will feel bound by the current administration’s interpretation. Indeed, recent history teaches that smart lawyers can justify almost any action taken by a sitting president, even torture.

Perhaps more fundamentally, the new law rejects the adversarial process as the best means for truth finding.4 If not a total rejection, the law amounts to a de facto admission that when the stakes are highest and involve national security, our government finds its own chosen method of truth seeking, the adversarial trial, ineffective. That notion, that America will abandon its most sacred

The law now authorizes the military to indefinitely detain, without charge, people suspected of involvement with terrorism, including not only suspected terrorists, but those who allegedly support them, and does not exclude United States citizens apprehended in the United States. ideals when facing a threat, even if that threat is a mere gang of religious extremists who were lucky enough to figure out how to knock down two skyscrapers, gives al-Qaeda its biggest victory since 9/11.

The new law is not only counter to American principles, it is bad policy. A second provision of the bill, Section 1022, requires military custody for some of those who are subject to detention under Section 1021. Specifically, it requires that the military hold “a covered person” pending disposition under the law of war if that person is “a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda” and is participating in an attack against the United States or its coalition partners. Although this provision exempts U.S. citizens entirely, it would force on

the military responsibilities it hasn’t sought, and blur the lines between the military and domestic law enforcement.

The provision has been roundly criticized by civil libertarians and military leaders alike.5 Finally, other provisions of the law work together to keep Guantanamo open.

For example, one provision declines to fund transfers from Guantanamo, while others prohibit transfer of the prisoners, even those currently cleared for release, to other countries or the United States, except in the rarest of instances. These provisions effectively deny the President the ability to fulfill his campaign promise to close Guantanamo, and together ensure that one of al-Qaeda’s top recruiting symbols remains viable.

Our Executive and Legislative branches have created a misguided law that seeks to enhance our safety at our liberty’s expense. If the Judiciary doesn’t stop it, I will wonder if we deserve either. n Patrick Frogge is a partner at Bell, Tennent & Frogge where he focuses on criminal defense and civil rights.

H1540CR.HSE, 112th Cong. (2011)(titled National Defense Authorization Act for Fiscal Year 2012).

1

Press Release, ACLU, President Obama Signs Indefinite Detention Bill into Law (Dec. 31, 2011), available at http://www.aclu.org/national-security/ president-obama-signs-indefinite-detention-bill-law.

2

Barack Obama, Statement on Signing the National Defense Authorization Act for Fiscal Year 2012 (Dec. 31, 2011), available at http://www.presidency.ucsb. edu/ws/index.php?pid=98513#axzz1kIJGod2e.

Read more about John Woolley and Gerhard Peters’ The American Presidency Project at http://www. presidency.ucsb.edu

3

4 See generally John H. Langbein, The Origins of Adversary Criminal Trial (2003).

See Charles C. Krulak & Joseph P. Hoar, Guantánamo Forever?, N.Y. Times, Dec. 12, 2011.

5

Nashville Bar Journal - February 2012

9

FEATURE

Grandma Got Run Over by the Voter ID Law by:

Lynda Jones

When I think of older voters, I always think of my grandmother Jetta. My grandmother was born at home in Indiana in 1921. Birth certificates were not always issued for babies born at home. She is now 90 and looking forward to voting in another presidential election. She won't vote for a Catholic or a Mormon. But that's another story for another day. Thankfully she lives in Ohio and does not have to produce a photo ID. My 65-yearold aunt lives next door to her and will make sure she has a ballot before the presidential primary.

Until 1900, home birth was the norm for almost every American. In fact, over 90% of those alive today throughout the world were born at home. Hospital or institutional birth is a relatively new occurrence that began to gain in popularity during the 1920's due to physician promotion and the increased use of the automobile. As modern medicine gained legitimacy and power toward the end of the nineteenth century it called for the abolition of midwifery and home birth in favor of obstetrics in a hospital setting. This is a goal that was almost completely accomplished in the United States. In 1900, midwives attended almost half of all births; by 1935, the number had decreased to 12.5%.

Let's not forget the post war baby boom! Millions of those boomers have started cashing their social security checks. I hope they have their birth certificates handy.

They will need them to vote.

Out of Tennessee's 6.3 million residents, around 13% are over 65 according to the 2010 U.S Census. Most of you reading this article live in Nashville or a surround-

ing suburb. You most likely use a computer, drive a car and get around quite easily. But there are literally thousands of people in our 75 rural counties who live isolated from everyday conveniences such as buses, internet service, or even an office where driver licenses are issued.

Consider the case of Jane Doe in middle Tennessee.

She was believed to be born at home so she has no birth certificate. She does not drive. She has never had a passport. She had a teacher's license and a voter registration card at one time. They contain no photo. Her family does not want her name mentioned in this story. They are reluctant to get involved in any litigation over the constitutionality of the law. Now multiply her situation times many of the seniors in ALL the rural counties. Remember, she is the rule not the exception. Thousands upon thousands of women and men who were born at home in the 1920s-1940s have no birth certificates. Women traditionally live longer than men so they are impacted all the more. If they married, then their marriage certificates become crucial to prove their identity.

Another group disproportionately impacted is low income voters. Many of my clients live on a meager $800 or $900 a month. Paying $40 for a cab ride and creating duplicate government documents is a huge expense to them. Additionally they must KNOW there is a problem before election day. Many voters will discover they cannot vote ON election day. Even though the government-issued photo ID is free the documents Continued on Page 16 

10

Nashville Bar Journal - February 2012

TENNESSEE CHAPTER The following NASHVILLE AREA attorneys are recognized as Charter Members for

Excellence in the field of Alternative Dispute Resolution

Gail ASHWORTH (615) 254-1877

John BLANKENSHIP (615) 893-4160

Larry BRIDGESMITH (615) 966-7145

Lew CONNER (615) 850-8495

Stephen COX, Sr. (615) 467-3848

Paul DeHOFF (615) 893-8896

James KAY (615) 742-4800

Gayle MALONE, Jr. (615) 313-6000

Barbara MOSS (615) 627-3959

David NOBLIT (423) 265-0214

Dan NOLAN (931) 647-1501

Bob REDDING (731) 660-2332

Leigh Ann ROBERTS (615) 425-2268

Jerry SCOTT (615) 904-1600

Tracy SHAW (615) 244-3370

Marietta SHIPLEY (615) 292-6069

Matt SWEENEY (615) 726-5774

John TARPLEY (615) 259-1366

Mark TRAVIS (931) 252-9123

Jack WADDEY, Jr. (615) 724-2511

PROFILES & AVAILABLE DATES ONLINE FOR THE NATION’S LEADING NEUTRALS Visit our Tennessee Chapter at www.nadn.org/tennessee or directly at

The National Academy of Distinguished Neutrals is an invitation-only professional association of over 700 mediators & arbitrators in 40 states. For our FREE national roster, please visit www.NADN.org/directory Nashville Bar Journal - February 2012

11

BILL AND PHIL’S GADGET OF THE MONTH CLUB By: Bill Ramsey of Neal & Harwell, PLC and Phillip Hampton of LogicForce Consulting

Dragon Naturally Speaking Nuance software's "Dragon Naturally Speaking version 11.5" is not only dictation software but a full computer control software as well. For the overworked attorney or any person who needs to write lengthy documents on a regular basis, the software is a godsend. Previous generations of the software were too slow to use effectively, and the earliest versions took up a majority of one's hard drive. Previous versions also suffered from inaccuracy problems, long set up procedures, and extensive vocabulary training. Those problems have been cured in the current version.

Dragon software comes in several different specialized packages for different professions, as well as versions for the PC and the Mac. This article deals only with the “Home edition,” which is currently available with a wired headset included for $74.99.

After installation, all that is required are responses to a short series of menus to tell the software your region of the English spoken word, and your own assessment of what your uses of the software will be. Subsequently, one is asked to read a several hundred word standardized paragraph which gives the software a chance to adjust to your speaking style. Additionally, the latest version allows you to choose either documents or emails for the software to scan to determine certain semi-unique words that you use regularly.

To tailor the software to your voice idiosyncrasies one can use the vocabulary training tool to type in words that the software has trouble recognizing and then train it to the way you pronounce the word or phrase. Happily, not only pet phrases are able to be trained into the vocabulary for recognition, but technical phrases, legal terms of art and even Latin words are easily added to the recognition vocabulary, thereby greatly increasing Naturally Speaking’s ease of use.

When you use the software, you must keep the background noise to a minimum.. Conversation, music, and other background sounds confuse the software and increase dictation time. Noise can also lead to interesting misinterpretations by the software, for instance, “vocabulary” may be transcribed as "vocab you Larry." Consequently, Dragon Does Not eliminate the need for careful proofreading of your documents.

Controlling other programs and your computer Dragon software can be used not only for dictation but also to control various programs on your computer, to move the mouse across the screen or within a document, and even to correct spelling/grammar in a document. The feature of being able to move the cursor with just your voice is invaluable when juggling documents, exhibits, or any of the other myriad things needed while drafting documents.

The software allows you to use your voice to compose email in Outlook, work in Word or WordPerfect, and to control several compatible programs. You can even use the software to search the web using one of the standard browsers and to formulate queries. Dragon speech recognition software makes it easy for anyone to use the computer with just his or her voice. Give it a try. I think you will like it.  This month’s article was written by our good friend, Tim Ishii, a member of the NBA Journal editorial committee.

Thanks, Tim. See ya’ll next month, Bill & Phil

12

Nashville Bar Journal - February 2012

100% CLUB

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that enroll 100% of their Nashville attorneys as members of the NBA. Contact Vicki Shoulders at 615-242-9272 or vicki. shoulders@nashvillebar.org. Firms, law departments and legal organizations that join this Bar year will be recognized as such throughout the year.

CONGRATULATIONS & THANKS TO THE FOLLOWING 100% CLUB MEMBERS:

Waller Lansden Dortch & Davis, LLP (163) Bradley Arant Boult Cummings LLP (91) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (82) Miller & Martin PLLC (53) Stites & Harbison, PLLC (48) Bone McAllester Norton PLLC (31) Harwell Howard Hyne Gabbert & Manner, P.C. (31) Neal & Harwell, PLC (29) Sherrard & Roe, PLC (28) Adams and Reese LLP (27) Lewis, King, Krieg & Waldrop , P.C. (27) Gullett, Sanford, Robinson & Martin, PLLC (26) Manier & Herod, P.C. (26) Leitner, Williams, Dooley & Napolitan, PLLC (21) Riley Warnock & Jacobson, PLC (21) Ortale, Kelley, Herbert & Crawford (20) Cornelius & Collins, LLP (18) Walker, Tipps & Malone, PLC (17) Waddey & Patterson, P.C. (15) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (14) Tune, Entrekin & White, P.C. (14) Branstetter, Stranch & Jennings, PLLC (13) Hughes & Coleman (13) Ogletree, Deakins, Nash, Smoak & Stewart (13) Smith Cashion & Orr, PLC (13) White & Reasor, PLC (12) Dollar General Corporation (11) Frost Brown Todd LLC (11) Parker, Lawrence, Cantrell & Smith (11) Watkins & McNeilly, PLLC (11) Burr & Forman LLP (10) Corrections Corporation of America (10) Kay, Griffin, Enkema, & Colbert, PLLC (10) Levine, Orr & Geracioti (10) Taylor, Pigue, Marchetti & Mink PLLC (10) Hall, Booth, Smith & Slover, P.C. (9) Drescher Heller Pieper Martin, PC (8) Lassiter, Tidwell, Davis, Keller & Hogan, PLLC (8) Rudy, Wood , Winstead & Williams PLLC (8) Schulman, LeRoy & Bennett, P.C. (8) Spicer Rudstrom, PLLC (8) Buffaloe & Associates, PLC (7) Dodson Parker Behm & Capparella, P.C. (7) Farris Mathews Bobango, PLC (7)

Hollins, Raybin & Weissman, P.C. (7) MGLAW, PLLC (7) Morgan & Akins, PLLC (7) Reno & Cavanaugh PLLC (7) American General Life & Accident Ins. Co. (6) Evans, Jones & Reynolds, P.C. (6) Keller Turner Ruth Andrews Ghanem & Heller, PLLC (6) Leader, Bulso & Nolan, PLC (6) Loeb & Loeb, LLP (6) Barrett Johnston, LLC (5) Haynes, Freeman & Bracey, PLC (5) Holton Blackstone & Mayberry, P.C. (5) Jones Hawkins & Farmer, PLC (5) Kinnard, Clayton & Beveridge (5) Luna Law Group, PLLC (5) Shackelford, Zumwalt, Hayes, LLP (5) Trauger & Tuke (5) Video Gaming Technologies, Inc. (5) Cheatham, Palermo & Garrett (4) Dobbins, Venick, Kuhn & Byassee, PLLC (4) Hale & Hale, PLC (4) Howard & Mobley , PLLC (4) Law Offices of John Day, P.C. (4) Lieff, Cabraser, Heimann & Bernstein (4) McCune, Zenner, & Happell, PLLC (4) Moses Townsend & Russ, PLLC (4) Rutherford & DeMarco (4) Thrailkill, Harris, Wood & Boswell, PLC (4) Todd, Floyd & Hammet, PLC (4) Willis & Knight, PLC (4) Baker, Campbell & Parsons (3) Barry Gammons, Attorney at Law (3) Cheadle & Cheadle (3) Comdata Corporation (3) Corbett Crockett (3) Garfinkle, McLemore & Young, PLLC (3) Glasgow & Veazey (3) Grissim & Hodges (3) Hix & Gray, PLC (3) IASIS Healthcare LLC (3) Larry R. Williams, PLLC (3) Lindsey & Sawyer, PLLC (3) Marlowe Law Offices, PLLC (3) May & Ryan, PLC (3) Moseley & Moseley, Attorneys at Law (3) Mudter & Patterson (3) Nashville Electric Service (3) Norris & Norris, PLC (3) Puryear Law Group (3) Rogers, Kamm & Shea (3) Rothschild & Ausbrooks, PLLC (3) Sarah Cannon Research Institute (3) Tennessee Justice Center (3) Weatherly, McNally & Dixon, PLC (3) White & Rhodes, P.C. (3)

Nashville Bar Journal - February 2012

13

Profile

Chancellor McCoy sits as judge of Chancery Court, Part II, Davidson County. She was a partner in the firm Davies, Cantrell, Humphreys and McCoy before coming to the bench. She has two sons (Dwight, 26 and Davis, 24) and is married to the Honorable Circuit Judge Robert Page of Madison County.

Chancellor Carol McCoy by:

Bart Pickett

Within minutes of meeting Chancellor Carol McCoy, one becomes captivated by her upbeat personality and interesting life story. Chancellor McCoy grew up in a military family. She attended school in Alaska, Germany, and everywhere in between. Chancellor McCoy graduated from the University of South Florida in 1969. Following college, she worked briefly for IBM before being accepted into law school. Vanderbilt offered her half-tuition, which she accepted without ever having visited Nashville. Out of the 162 students in her law school class, only 4 were women.

Following her graduation from law school, Chancellor McCoy began working for Legal Aid. Almost three years later, she became a staff attorney for the Tennessee Department of Revenue. Chancellor McCoy stayed there until she received an offer from the immediate past president of the Tennessee Bar Association, Louis Farrell, to come join him in private practice. Together, they formed Farrell and McCoy. In 1982, Chancellor McCoy's initial run for circuit court judge for the Fifth Circuit of Davidson County ended unsuccessfully. However, following the election, Ed Davies asked Chancellor McCoy if she was interested in joining his firm which then became Davies, Cantrell, Humphreys and McCoy for fourteen years.

14

Nashville Bar Journal - February 2012

In 1996, Chancellor McCoy tried her hand again at becoming a judge; luckily, the second time it worked.

Chancellor McCoy won her current seat by besting a sitting city councilman and the governor's appointee. She was reelected to her judgeship in 2006.

Chancellor McCoy is very active in her community. She was one of the first females to be awarded the Hooligans' Shillelagh Award, which honors someone who's made a positive contribution in Nashville over the year. She was a founding member of the women's networking organization CABLE in Nashville. Chancellor McCoy even won the Athena Award, an annual award given by a consortium of about 28 women’s organizations to a woman who has shown great leadership outside her chosen occupation.

Not only is Chancellor McCoy actively involved in her community, she also serves in state-wide roles. She recently served as the president of the Tennessee Judicial College (2009-2010). In 2004, Chief Justice Barker nominated her to serve on the Tennessee Appellate Evaluation Commission for four years.

Governor Bredesen appointed Chancellor McCoy to the Tennessee Arts Commission in October 2010. She greatly enjoys her time serving on the commission as it supports the arts across the state with non-taxpayer funds. Not

ADA Amendments Continued from page 7

only does Chancellor McCoy support the arts, she also spends her free-time dabbling in them. She loves photography, plays piano poorly, and is taking Drawing 101 for the third time.

Chancellor McCoy met her husband, Judge Robert Page of Madison County, through their service on the Tennessee Judicial Evaluation Commission. The couple have a house in Nashville and one in Medina, Tennessee. Each has two sons of their own. Chancellor McCoy and Judge Page alternate weekends between Nashville and Madison County.

For those who think she might be retiring soon, Chancellor McCoy is quick to dispel that notion. She has every intention of running again in 2014. "I have the best job bar none," Chancellor McCoy proudly says.

Chancery court continually provides new and different issues that McCoy thoroughly enjoys. Chancellor McCoy has absolutely no interest in pursuing an appellate position. She believes her talents and traits are best suited for a trial judge. "The type of reflection that is necessitated on the appellate courts is one I understand, but one I am not drawn to," she explains. n Bart Pickett is an attorney with Hall, Booth, Smith & Slover, P.C., specializing in medical practice and insurance defense. He is a graduate of the University of Tennessee College of Law and former law clerk to the Honorable Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joe P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

commerce that are intended for nonresidential use by a private entity and that are not covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended (42 U.S.C. §§ 3601-3631) and excludes aircraft, and railroad cars. 28 C.F.R. § 36.104.

Additionally, the DOJ revised regulations do not apply to transportation facilities, including bus stops and rail stations, which are subject to standards issued by the Department of Transportation.

Although DOJ may implement future regulations increasing the definition of place of public accommodation as the influence of computers and technology increase, courts have interpreted Title III to require “some connection between the good or service complained of and an actual physical place.” Stern v. Sony Corp. of America, No. 10–55348, 2011 WL 5854299, slip op. (9th Cir. Nov. 22, 2011)(affirming California District Court decision that Title III of the ADA does not apply to video games purchased for use by consumers with disabilities, noting that 28 C.F.R. § 36.104 defines a “facility” in the context of a building or structures or portions thereof); Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1114 (9th Cir. 2000)(citing Parker v. Metropolitan Life Ins. Co., 121 F.3d 1006 (6th Cir. 1997)(finding Title III of the ADA does not apply to a life insurance contract, as it is not a place of public accommodation)).

The ADA provides an exception for structural impracticability.

28 C.F.R. § 36.401(c). However, DOJ recognizes this exception only in “rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features.” Id. Furthermore, to the extent the exception applies, facilities are to make portions of such features “accessible to the extent that it is not structurally impracticable.” Id. In most cases, this means that establishments will be required to ensure full compliance with either the 1991 Standards or the 2010 Standards. Therefore, it is important that establishments examine their facilities now for compliance and consider which option will best facilitate their goals towards achieving ADA compliance and achieving their public service, customer service and business interests. n Kathleen Pohlid practices with the Nashville firm of DHPM, PC, is a member of the Nashville Bar Association and serves on the Nashville Bar Journal Editorial Board. She has more than 20 years of experience in employment law and litigation, comprising federal government service formerly representing the Secretary, U.S. Department of Labor for 12 years before entering private practice. She has represented clients with various industries involving employment law and federal and state regulatory compliance matters including the Americans with Disabilities Act. She can be contacted at kpohlid@ dhpmlaw.com or (615) 425-3702.

Nashville Bar Journal - February 2012

15

Grandma Got Run Over by the Voter ID Law Continued from page 10

required to get even a free photo ID are very specific and restrictive and for some very difficult to obtain. You need proof of U.S. Citizenship AND a primary proof of identity with full name and date of birth AND a secondary proof of identity AND a proof of name change if different from name on primary ID AND TWO proofs of Tennessee residency.

See Identification (ID) License Only, Department of Safety & Homeland Security, http://www.tn.gov/safety/driverlicense/idonly.shtml.

The photo ID restrictions themselves are excessive – only a handful of choices can be used. You may use a Tennessee driver license with a photo or a driver license issued by another state, a US Passport, a Federal Employee ID with photo, State Employee ID with photo, military ID or a gun carry permit card with your photo on it. Many photo IDs, including stateissued student ID's are excluded, however. If you are over 70 years old, the chances are great that you do not have one of the above mentioned government IDs. If a person lives on less than $1,000 a month as 17.8% of Tennesseans do, it’s doubtful they have a passport.

Several legislators have already seen the problems in the onerous requirement and filed bills to remedy. HB 2176 was filed by Rep. Mike Turner to repeal the photo requirement completely. HB 2287 was filed by Cameron Sexton demanding that all seniors over 60 have a photo on their driver's licenses. Rep. Debra Maggart filed HB 2174 allowing anyone over 60 to vote absentee with no questions asked. Rep. Gerald McCormick asks in HB 2178 that any employee photo ID issued by a state or municipal government be allowed to fulfill the photo requirement.Rep. Barbara Cooper wants transit photos allowed in HB 2219 and Rep. Joann Favors' HB 2242 asks that university IDs be permitted. And, finally, Rep. Hardaway filed HB 2252 asking the coordinator of elections to create a 16

Nashville Bar Journal - February 2012

master program to contain ALL voter photos. Imagine the price tag on that software! And who keeps the photos?

George Orwell could hazard a guess.

Many photo IDs, including state-issued student ID's are excluded, however. If you are over 70 years old, the chances are great that you do not have one of the approved government IDs. Some might argue that people must show ID to buy beer or cigarettes so what's the problem? This argument is not analogous and ignores tens of the thousands of people who live on the edge from month to month. It ignores those impacted by mental or physical disability. It shows callous disregard for how fragile some people are. You may know some of those hard working people who drill out 60-80 hours a week and wonder why everyone doesn't do the same. But hopefully at some point, we've discovered our humanity and realized that all people are not capable of handling some of life's seemingly little tasks.

Is an 85-year-old woman a slacker if she doesn't get up at 6 a.m., jog to the doctor, volunteer all day at a local nonprofit and dote on her grandchildren before making them a magnificent homemade

dinner? No? Then why ask her to go get a photo ID when she has a voter registration card already? Okay, I'll admit that's a bit over the top but I was taught to cherish and honor our elders and to always make sure that even the most vulnerable in society have a voice. Voting is central to that. Taking her vote away by making it harder for her is just plain wrong and unnecessary.

Perhaps your legislators just don't want her to go to the polls..................and they are succeeding. n Lynda F Jones received her law degree from University of Memphis where she received the American Jurisprudence Award for Trial Advocacy. She has been practicing law in Tennessee for 20 years.She is the managing member of the Jones Law Group PLLC. Her practice is concentrated in 3 areas: consumer and small business bankruptcy, small business litigation and criminal defense. She has been recognized as the Best of the Bar and by Mid South Super lawyers.

She is the former chair of the General Sessions court committee where she led a change to the local rules.

Statistics cited in this article came from the following sources: 2010 U.S Census Report, available at www.poverty.us National Conference of State Legislatures website, www.ncsl.org Catherine M. Scholten, Childbearing in American Society: 1650-1850 (1985) Judith P. Rooks, Midwifery & Childbirth in America (1999) Tennessee Citizen Action website, www.tnca.org

Providing Real Security at the Polling Place Simply Requires Embracing Our Past by:

David Collins

In 1972, the General Assembly enacted Public Chapter 740. This was an act that rewrote the State’s election code from beginning to end and took effect January 15, 1973.

It was the result of a two year effort by a Law Revision Committe appointed by the legislature that was chaired by University of Tennessee law professor Graford Gray.

In the area of making sure the person who presented himself to vote was in fact the person he said he was, the law required that when a person registered, he sign an original permanent registration card and a duplicate permanent registration card. The originals were filed alphabetically in a county-wide roster. The duplicates were filed alphabetically in the precinct books that corresponded with the voter’s residence.

On election day, the voter signed an application for ballot and that form was handed to one of the precinct registrars who would in turn compare the signature on the application for ballot with the signature on the voter’s duplicate permanent registration card. If the signatures compared, then the precinct registrar would initial the application for ballot. The voter would then sign the poll list and proceed to vote. This process worked effectively for the following 35 years.

Then in 2008, the General Assembly replaced the signature verification method with one that, beginning January 1, 2012, requires the voter to submit some form of identification that bears his name and photograph. There is an inherent problem with the new law as addressed in the accompanying article.

The emphasis under the new law appears to center on the photograph of the voter. This method provides a false sense of security. The Metro Beer Board, the Tennessee Alcohol Beverage Commission (ABC), or any Metro Police Officer can tell you of the hundreds, if not thousands, of phony drivers licenses that collage students use to facilitate the purchase of alcoholic beverages. With all the technology available these fake IDs appear so much like the government issued ones that the ABC even offers a class to bar owners and servers to help them spot these bogus licenses.

Even with that, many times the phonies are so good that the license has to be verified by law enforcement to determine whether or not it is legitimate. Often this is done by using a bar code reader that verifies that the bar code on the back of the license matches the information provided on the face; however, these machines are prohibitively expensive to outfit all of the precincts.

Forgery of a signature, on the other hand, is a difficult endeavor to pull off. Even the best forger usually must have some time to practice the signature of the person they wish to impersonate. With the photo ID, no practice is necessary because the person who creates the license can simply sign the same. And besides, the new law does not require the comparison of signatures. In fact, the new law states, “If the applicant’s signature is illegible, the registrar shall print the name on the application.” Tenn. Code Ann. § 2-7-112(a) (1).

Finally, there has not been a single reported case of voter fraud in the State of Tennessee that was accomplished by someone assuming someone else’s identity at the polling place. All reported cases of voter fraud in this state, and others, have involved either vote buying or the voting of dead voters. In the case of dead voters, these ballots were cast via absentee ballot, not at the polling place. Thus, the proponents of the voter ID law are reminiscent of the joke about the guy standing at the corner of 5th and Church Street in downtown Nashville, wearing a breach-cloth and striking a large gong. When approached by a police officer the man said, “I’m keeping the Bengal tigers away from Nashville.” The cop says, “Bengal tigers? Why, outside of maybe a zoo, there isn’t a Bengal tiger for thousands of miles of here.” “Working, ain’t it?” the man responded.

In short, Tennessee had a good law that was working without putting the burden on the voter to acquire something they might not otherwise need. The legislature should consider going back to the old law. It wasn’t broken so it didn’t need fixing. n David Collins served as the Assistant Coordinator of Elections from 1973 to 1975, and then as the State Election Coordinator from 1977-1987.

Currently, he is a solo practitioner, specializing in criminal defense.

Nashville Bar Journal - February 2012

17

FEATURE

Juvenile Dependency and Neglect Cases by:

Mary Fran Parker

When a child is adjudicated dependent and neglected, the juvenile courts of this state have exclusive jurisdiction over these cases. Tenn. Code Ann. § 37-1-103(a)(1)(2011). However, any party to such an action has the right to a de novo appeal to the circuit court. Id. § 37-1-159. This is significantly different than most juvenile court cases because generally rulings are reviewable only by the appellate courts of Tennessee. See Tenn. R. Juv. P 36. Moreover, this appellate process is significant because it gives parties a second bite at the apple including time to change the circumstances that led to the child being found dependent and neglected.

For example, many people file dependent and neglect actions to protect children who are living in homes where drugs are being consumed or sold.

Thus, the parent or guardian is creating a situation in which it is no longer safe for the child to remain in that home. Once the child is removed from that home, the juvenile courts often focus on rehabilitating the parents in order to try and reunify the family.

However, if (1) the parents or caregivers have shown an unwillingness to rehabilitate themselves or to remedy the problem that led to the initial removal or (2) the conditions that led to the removal are so egregious that reunification is not an option, the juvenile court has wide discretion in where to place the child at what is known as the dispositional hearing. See § 37-1-130(a).

18

Nashville Bar Journal - February 2012

Once the juvenile court has made a dispositional ruling as to the placement of the child, either party may appeal the dependent and neglect case to the circuit court. Then, the circuit court tries the case with no presumption of correctness and decides whether the child is dependent and neglected and the appropriate disposition.

See § 37-1-159. This buys parents time to remedy the reasons the child was removed.

The right to de novo appeal in such cases has created an increasingly litigious system in which parties are getting second trials on the same evidence and more time to rehabilitate themselves or to change the circumstances that led to the removal. In one such instance, a father filed a dependent and neglect action in juvenile court and asserted that his children were dependent and neglected due to the mother’s marriage to a registered sex-offender. See Green v. Green, No. M2007-01263-COA-R3-CV, 2009 Tenn. App. LEXIS 69 at *2-3 (Tenn. Ct. App. Feb. 11, 2009). Upon a finding that the children were dependent and neglected due to the mother’s marriage, the juvenile court placed the children in the custody of the father. Id. at *2. Subsequently, the mother appealed to the circuit court. Id. Although the time frame for hearing the de novo appeal is fortyfive days from the receipt of the juvenile court’s findings, Green was ultimately tried more than a year after the notice of appeal was filed. Id. at *28; see also Tenn. Code Ann. § 37-1-159. Although the 45 day limit is “directory in nature,” most circuit courts will uphold the time limit, especially when the juvenile court has removed a child from the home of a parent. See In re Caleb L.C., No. E2010–00100–COA–R3JV, 2011 Tenn. App. LEXIS 225 at *34 (Tenn. Ct. App. May 4, 2011), perm. to appeal denied, (citing State v. Guinn, No. 02A01-9607-CV-00152, 1997 Tenn. App. LEXIS

41 (Tenn. Ct. App. Jan. 17, 1997)). In Green, the delay in the hearing ultimately benefitted the mother as it allowed her additional time to remedy the situation by divorcing the husband who was a registered sex-offender. See generally Green, 2009 Tenn. App. LEXIS 69.

ensure that the court sets the hearing date within forty-five days. Setting the hearing with the forty-five day limit will protect your client from a situation in which the opposing party is given more time to rectify any problem that led to the initial removal.

In its ruling, the circuit court in Green found that, although the child was dependent and neglected at the time of the juvenile court trial, the mother had removed the circumstances that caused the juvenile court to make such a finding and, therefore, the child was no longer dependent and neglected. Id. at *6-9. Ultimately, the court of appeals affirmed the circuit court. Id. at *32.

Although many juvenile practitioners are relying heavily on Green in regards to circumstances at the time of the de novo appeal, it is important to be familiar with cases involving a parent or guardian’s pattern of conduct. While

The Green decision is clearly significant for anyone representing clients in dependent and neglect cases. Had the case been tried within the statutory time frame, it is safe to say that the outcome may very well have been different, considering the mother would not have been allotted the appropriate time in which to remedy the circumstances.

One can certainly foresee situations in which the finding in Green would be helpful in defending a parent or guardian in a dependency and neglect case. Essentially, the result of Green allows your client a “do-over” by giving him or her more time to remedy a situation that the court would find unfavorable (e.g., drug addiction, educational neglect, financial instability).

If you are representing the party who was given custody by the juvenile court, it will be paramount that the forty-five day limit for hearing the appeal is upheld.

Once the notice of appeal is filed by the opposing party, it is in your client’s best interest to file a motion to set so as to

Although many juvenile practitioners are relying heavily on Green in regards to circumstances at the time of the de novo appeal, it is important to be familiar with cases involving a parent or guardian’s pattern of conduct. relying upon the Green ruling in his appeal, one father asserted that, despite decades of abusive history, these circumstances were no longer present. Caleb, 2011 Tenn. App. LEXIS 225 at *48.

The trial and appellate courts rejected the father’s argument—regarding as significant the continued pattern of abusive conduct for more than a decade.

Id. at *49. In addition, the Caleb court notice that it is not only important that the parent or guardian show that the circumstances no longer exist, but that the parent has taken affirmative action in correcting his or her behavior. Id. at *50.

Patterns of conduct and remedial actions will be especially important in cases involving drug abuse and domestic

violence. In such cases, the parties on appeal need to have sufficient testimony about the pattern of conduct over time and what affirmative steps the parent or guardian has taken to rectify the condition(s) that led to the child’s removal from the home. Depending on the circumstances of the case, expert testimony may be necessary to sufficiently prove rehabilitation.

Given the legislature’s attempts to reduce litigation in family law courts by implementing mandatory mediation in certain cases (see, e.g., Tenn. Code Ann. § 36-4-131(a), it seems only promising that the same lawmakers would examine the need to redraft the appellate statute in dependency and neglect cases. The failure to amend this statute will ensure that Circuit Court dockets remain congested by dependent and neglect appeals. Legislators would be wise to amend the rules to allow all juvenile court appeals to be reviewable only by the appellate courts.

Regardless of the party you represent in a dependency and neglect case, always be mindful of the de novo appeal process.

It will be important to ensure that you have a transcript of the original trial proceeding, as it is often of great use during the appeal, and to use the rules governing this process to your client’s benefit. Always remember that this may be your client’s first bite at the apple and the second bite may be just around the corner. n Mary Frances Parker focuses her practice exclusively in the area of family law and domestic litigation at the law firm of Higgins, Himmelberg and Piliponis. She has represented clients in circuit courts, chancery courts, general sessions courts, juvenile courts, and federal courts. Over time, she has become particularly dedicated to protecting the interests of fathers who seek to play a significant role in their children’s lives following divorce or separation.

Nashville Bar Journal - February 2012

19

It's Your Move! Capital Campaign Contributors It is with sincere gratitude that we wish to acknowledge the pledges and contributions of the firms and individuals listed below*. It is because of your support that the Nashville Bar Association-Nashville Bar Foundation “It’s Your Move” Capital Campaign was a resounding success.

Thanks to you, we met our goal!

Visionaries

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bass, Berry & Sims, PLC

Leaders

Bradley, Arant, Boult, Cummings LLP Miller & Martin PLLC Neal & Harwell, PLC Sherrard & Roe PLC Waller Lansden Dortch & Davis LLP

Partners

Bone McAllester Norton PLLC Frost Brown Todd LLC NBA Young Lawyers Division Waddey & Patterson, P.C. Walker, Tipps & Malone PLC

Sustainers

Branstetter, Stranch & Jennings PLLC Burr & Forman Cornelius & Collins, LLP Manier & Herod MGLAW PLLC

Supporters

Harwell Howard Hyne Gabbert & Manner, P.C. Weatherly McNally & Dixon LPC Contributors Barrett Johnston, LLC Sandra Braber-Grove Gullett, Sanford, Robinson & Martin, PLLC Mary LaGrone Leitner Williams Dooley & Napolitan, PLLC Lewis, King, Krieg & Waldrop, P.C. Bob Pope Rothschild & Ausbrooks PLLC Thrailkill Harris Wood & Boswell, PLLC Trauger & Tuke Tune, Entrekin & White, PC White & Reasor, PLC Tom White Friends Gareth S. Aden Gail Vaughn Ashworth Lee Barfield Law Office of Bart Durham Tim L. Bowden Steve Cobb Lew Conner Dickinson Wright PLLC Jim Doran Mitch Grissim William L. Harbison Aubrey B. Harwell, Jr.

Trey Harwell Hon. Thomas Higgins Howard Tate Sowell Wilson Leathers & Johnson, PLLC John D. Kitch Tom Lawless Mary A. Parker of Parker & Crofford Robert J. Mendes Paul Ney Nissan North America, Inc. Thomas H. Peebles III Alisa Childers Peters Daniel H. Puryear, Esq. William T. Ramsey Jack R. Robinson, Sr. Maria M. Salas/Salas Law Group Thomas J. Sherrard Emily A. Shouse W. Scott Sims John Tarpley The Mediation Group of Tennessee, LLC Elizabeth Tipping Bob Walker Phillip E. Walker Tom Wiseman Gigi Woodruff Edward M. Yarbrough Mandy Haynes Young & Stephen Young Young Mayden, LLC Associates Adams and Reese LLP James (J.O.) Bass C. Dewees Berry IV Shirley Clay Hon. Frank Clement Hon. Lew Conner Garfinkle, McLemore & Young, PLLC Harris, Martin & Jones, P.A. Douglas Henry Jim Higgins Lela Hollabaugh John J. Hollins, Sr. Paul Toby Housch, Esq. Hughes & Coleman Kay, Griffin, Enkema & Colbert, PLLC Neal McBrayer Judge Gilbert S. Merritt Patricia Head Moskal A. Gregory Ramos Riley Warnock & Jacobson PLC Anne L. Russell Tracy Shaw Wilson Sims Smith Cashion & Orr, PLC Michael Sontag W. Lee Corbett, P.C. Charles H. Warfield

Sheree Wright 180 Club Patrick Alexander Kimberly Allen Tina R. Ashford James L. Bass Richard Beeler Honorable Joe Binkley Susan W. Blair Zan Blue Robert Boston Martha Boyd & Rich Littlehale Judge Joe Brown Andrew W. Byrd Charles W. Cagle Kathryn S. Caudle Honorable Cornelia A. Clark Bill Cohen Stephen E. Cox Wendy Cozby In honor of Judge Martha Craig Daughtrey Maclin P. Davis Jr. Mary Taylor Gallagher Larry H. Hagar David B. Herbert Judge Bill Higgins Traci Hollandsworth Lynda F. Jones Charles A. Leach Mary Frances Lyle Andy Maloney Peggy D. Mathes Amanda McClendon Chancellor Carol L. McCoy Richard McGee Gray McLeod W. Warner McNeilly Jr. Malinda Moseley Rachel Z. Odom Marc Overlock Cynthia N. Sellers Culwell E. Ward Kent M. Weeks M. Bernadette Welch Jonathan F. Wing Fellows Frank E. Lee Ward DeWitt Jr. Frank Grace Nikki Gray Judy Phillips Arun Rattan Helen S. Rogers Vicki Shoulders Martin Sir Paul R. White

The NBA and NBF would also like to express our deep appreciation to the following individuals who volunteered their invaluable talents and countless hours toward making the new NBA/NBF headquarters a reality:

Campaign Co-Chairs: Aubrey B. Harwell, Jr. and Aubrey B. (Trey) Harwell III 2011 NBA President and Facilities Committee Chair: Robert J. Mendes Facilities Committee Members: Anne Arney; William L. Harbison; Neal McBrayer; Patricia Head Moskal; William T. Ramsey; Tracy Shaw; Tom Sherrard; Elizabeth Tipping; and Phillip E. Walker

20

Nashville Bar Journal - February 2012

Nashville Bar Journal - February 2012

21

Disclosure

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News n

Robert Bigelow has been elected as President-Elect of the Young Lawyers Division of the Nashville Bar Association. Previously he served as event director for the organization. Bigelow, an associate in Dickinson Wright PLLC’s Nashville office, will take over as President in the fall of 2012.

Darlene T. Marsh has been elected President of the American College of Mortgage Attorneys (ACMA). She will be inducted as the first woman president of the association at ACMA's annual meeting held Oct. 13-15 in San Diego, Calif. Marsh is a partner at Burr & Forman LLP.

Ryan Levy has been named a Shareholder of the law firm Waddey & Patterson, P.C. Levy, who joined Waddey & Patterson in 2005, focuses his practice on intellectual property litigation with a particular emphasis on patent disputes.

Levy received his Juris Doctor from Duke University School of Law in 2005. He graduated in 2001 from North Carolina State University with a B.S. degree in Biochemistry and a B.S. degree in Chemical Engineering.

Lawrence R. Ahern III has been inducted into the American College of Mortgage Attorneys as a Fellow, and has been elected Bankruptcy Committee Co-Chair of ACMA. Ahern is a partner at Burr & Forman LLP. He is a Fellow of the American College of Bankruptcy and a Director of the Association of Insolvency and Restructuring Advisors (AIRA).

Gulam R. Zade has joined Garfinkle, McLemore & Young, PLLC (GMY Law).

Zade completed his undergraduate degree at Western Kentucky University in 2008, and earned his law degree in May 2011 from the Brandeis School of Law at the University of Louisville. He has been admitted to practice law in Tennessee and the United States District Court. Zade was born in Russia and moved to the United States at age seven.

He is fluent in Russian and other Eastern European languages.

Stephanie A. Elkins recently joined the law firm of Morgan & Akins, PLLC as an associate attorney. Elkins’ practice will focus primarily in civil litigation, including workers’ compensation and insurance defense. Prior to joining the firm, Elkins was a law clerk to Justice Edward Thomas Brady of the Supreme Court of North Carolina. She attended the University of North Carolina at Chapel Hill as a Morehead Scholar, receiving bachelor degrees in English Literature and Communication Studies. She received her juris doctor from Campbell University’s Norman Adrian Wiggins School of Law. Matthew C. Hardin has joined Rudy, Wood, Winstead & Williams, PLLC as a member. Hardin’s practice is focused in the areas of plaintiff personal injury, car & tractor trailer wrecks, wrongful death, medical malpractice, premises liability, and civil litigation. Hardin attended Rhodes College as an undergraduate and obtained his J. D. from the University of Tennessee.

22

Nashville Bar Journal - February 2012

Mark Ison has been named a member of the law firm Sherrard & Roe, PLC. Ison graduated from Vanderbilt University Law School in 2004, where he was a Dean’s Scholar, was elected Order of the Coif, and served as Notes Development Editor for the Vanderbilt Law Review. He received his Bachelor’s degree in music summa cum laude in 1999 from the University of Kentucky and his Master’s Degree in music in 2001 from the University of Massachusetts-Amherst.

Brent Bowman has been elected to partnership in the firm Waller Lansden Dortch & Davis, LLP. Bowman works with clients in the healthcare industry concentrating on mergers and acquisitions, securities, and general corporate law. Bowman completed his undergraduate degree from Vanderbilt University and received his J.D. from the University of Tennessee. Bowman also is a member of the Tennessee and American Bar Associations.

David R. Clay has been elected to partnership in the firm Waller Lansden Dortch & Davis, LLP. Clay represents clients in the healthcare, real estate, banking and manufacturing industries focusing on mergers and acquisitions, securities, and general corporate law. He is a graduate of Belmont University and received his law degree from Emory University School of Law. Clay currently serves as a member of Belmont University’s Alumni Board and is a Nashville Emerging Leaders alumnus.

Hon-Vinh Duong has been elected to partnership in the firm Waller Lansden Dortch & Davis, LLP. Duong leads the firm's immigration practice focusing exclusively on immigration law and labor and employment

issues across all industries. He earned his B.S. from Pennsylvania State University and received his J.D. from the American University, Washington College of Law. Duong is an active member of the American Immigration Lawyers Association and the Nashville Council of Health Care Attorneys. He also sits on the Board of Directors for the Tennessee Asian Pacific American Bar Association.

Philip F. Head has been elected to partnership in the firm Waller Lansden Dortch & Davis, LLP. Head joined Waller Lansden as an associate in 2004, and practices in the areas of commercial real estate and land use planning and zoning. Head received his B.A. from Vanderbilt University and is a graduate of the University of Tennessee College of Law. He serves as a member of the Tennessee and Nashville Bar Associations, the National Multi-housing Council and the National Association of Industrial and Office Properties.

Heather J. Hubbard has been elected to partnership in the firm Waller Lansden Dortch & Davis, LLP. Hubbard practices in the areas of intellectual property and trial and appellate litigation. She also serves on Waller Lansden’s diversity and social development committees. Hubbard joined Waller Lansden in 2006, as an associate and was named a “Rising Star” by Mid-South Super Lawyers in 2010 and 2011 and chosen as one of Nashville’s "Top 30 Under 30” in 2010. She is a graduate of the University of Louisville and received her J.D. from Vanderbilt University. Hubbard is a member of the Tennessee and American Bar Associations.

Miranda K. Kelley has been elected to partnership in the firm Waller Lansden Dortch & Davis, LLP. Kelley represents clients in the financial, healthcare, real estate and manufacturing industries handling issues including mergers and acquisitions and securities law. She joined Waller Lansden in 2002. She graduated with a B.S. in business management from Lipscomb University and received her J. D. from Vanderbilt University, where she served as Vice President of the Business Law Society. Kelley also is a member of the Nashville, Tennessee and American Bar Associations.

Justin W. Leach has been elected to partnership in the firm Waller Lansden Dortch & Davis, LLP. Leach specializes in commercial real estate law and works with clients on the acquisition, development and disposi-

tion of real property. He joined Waller Lansden in 2002. Leach received his B.A. in economics and his J. D. from Vanderbilt University, where he was managing editor of the Vanderbilt Journal of Entertainment Law & Practice. Leach is as an active member of the International Council of Shopping Centers, the National Association of Industrial and Office Properties, and the Tennessee and American Bar Associations.

Patrick J. McHale has joined the faculty of Nashville School of Law as instructor of Conflicts of Law. McHale has served as an adjunct teacher at NSL since 2009, and brings more than 35 years of legal experience to his position. He is a graduate of Vanderbilt University and Vanderbilt University School of Law. Matthew A. Moushon has been named partner with Parker, Lawrence, Cantrell & Smith. Moushon graduated magna cum laude from Southern Illinois University School of Law in 2006. He has an undergraduate degree from Southern Illinois University in accounting. Moushon’s areas of specialty include personal injury litigation, insurance law and medical malpractice.

J. Cole Dowsley, Jr. has been elected partner with Cornelius & Collins, LLP. Dowsley joined the firm in 2005 as an associate after receiving his law degree from the University of Tennessee College of Law. He is a member of the firm’s Tort, Insurance & Dispute Resolution Practice Group and Commercial & Business Practice Group.

Kara E. Shea has been appointed the CoChair of Miller & Martin PLLC’s Labor & Employment Department. Shea regularly speaks on employment-related topics and provides supervisory training on topics including FMLA and FLSA compliance, conducting workplace investigations, and implementing employee discipline. She is the co-author of a comprehensive guide to wage and hour compliance and is the editor of the Tennessee Employment Law Letter.

Joshua D. Hankins has joined Haynes, Freeman & Bracey, PLC. Hankins will focus his practice primarily on banking, real estate, corporate, estate planning and probate, and general litigation. He received his Bachelor of Science in economics/finance from the University of Tennessee at Martin and his Juris Doctor from the Nashville School of Law.

2012 NBA Premier Members INCLUDE: Tara Aaron Gail Vaughn Ashworth Robert L. Ballow Kathryn E. Barnett Barbara Bennett Michael Weimar Binkley Charles W. Bone Jay S. Bowen C. Dewey Branstetter Jr. Teresa Rider Bult Joshua Burgener C. Mark Carver Robert Garry Chaffin Mark P. Chalos Jonathan Cole Lee Lawrence Coleman Dixie W. Cooper John A. Day David Clyde Downard John Franklin Floyd Mark Thomas Fraley Samuel P. Funk Barry James Gammons Benjamin Ealey Goldammer Charles K. Grant John J. Griffin Jr. Mitch Grissim Jr. William L. Harbison Marian F. Harrison Trey Harwell Barbara D. Holmes Paul T. Housch John D. Kitch William C. Koch Jr.

Thomas W. Lawless Richard Wesley Littlehale Leslie Stophel Maclellan Cheryl White Mason Richard McGee Rob McKinney John C. McLemore Robert J. Mendes Natasha K. Metcalf Jeffrey Mobley Elizabeth Enoch Moore Patricia Head Moskal Michael I. Mossman Phillip L. North Robert J. Parker Katharine (Betsy) Elizabeth Phillips Tracy A. Powell Mark Bradley Reagan Edgar M. Rothschild III Thomas J. Sherrard III Marietta M. Shipley Emily A. Shouse James Gerard Stranch IV James G. Stranch III Robert T. Vaughn Irwin Bruce Venick Howard H. Vogel Karl D. Warden James L. Weatherly Jr. Peter Weiss Eleanor K. Wetzel Thomas V. White Larry R. Williams Nicholas S. Zeppos

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services.

Contact Vicki Shoulders (615.242.9272, vicki.shoulders@nashvillebar.org) for details.

WELCOME NEW NBA MEMBERS Ashley N. Bassel Bass, Berry & Sims PLC Mary K. Bratton Lee R. Camp Allison E. Cooley Matthew J. Cottingham ICS Law Group, PC John C. Drummond Tennessee Department of Correction Jessica L. Francis Elizabeth L. Friary Megan R. Geer

David Gilbert Schvette Jared A. Hagler Walker, Tipps & Malone, PLC* Kimberly Hollingshead Leslie S. South Touchstone Title & Escrow, LLC Tennessee Department of Transportation Timothy R. Johnson Stephanie R. Taylor Colleen M. Kelley Bone McAllester Norton PLLC* ClearBox Rights, LLC Steven Scott Tsakeres Jennifer J. McCoy The Law Office of Jennifer McCoy, PC Sean C. Wlodarczyk Heather Howell Wright Sean Barry O'Connor Bradley Arant Boult Cummings LLP* Hillary A. Pate Sonal P. Patel * Belongs to a 100% Club firm Claude Benton Patton LeVan, Sprader, Patton & McCaskill, PLLC

DIAL - A - LAWYER Dial-A-Lawyer is held the first Tuesday of each month.

January Volunteers: Jamie Machamer Helen Cornell Doug Pierce Gina Crawley Tom Lawless To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@ nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided.

Nashville Bar Journal - February 2012

23

Classifieds

Office Space Downtown Office condos for Lease or Sale. 500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550.

CLASS A OFFICE SPACE AVAILABLE: 18th Floor in Landmark Building Downtown, Remarkable Views, Reduced Parking Rates, Shared Conference, Reception Available, Furniture Available; Most Affordable Downtown Nashville Office Space Available Today; 4500, 2500 or entire 11,000 square feet available; Call Chris Hancock @ 615.574.3611 or ema Chris@CumberlandCommercial.com Midtown Midtown : 682 square feet with beautiful view of Centennial Park; $19.15 per square foot with annual increases; available as is or with build-out cost to be prorated over term of sublease; space is newly carpeted and newly painted, with small kitchen area; covered parking; available immediately. Please call 615-321-5659.

Midtown-1900 Church Executive office suites for lease in Midtown Nashville located at 1900 Church, Suite 300.

Free covered parking, conference rooms, break room, color copier, and receptionist to greet your clients. Administrative support and flexible terms available. For more information, please call Cheryl Gunn at (615) 983-6935.

DOWNTOWN Law firm has office space to rent for two attorneys and assistants, if needed or option 2 attorney can sublease entire suit which will accommodate four to five attorneys and staff. Office is located in the Regions building downtown on the first floor with window view. Includes internet, all utilities, use of copy/fax/scanner, and postage machine. If interested, please e-mail rpnimmo@nimmolaw.com or contact Price Nimmo at 615-244-2244.

DOWNTOWN Prime, A++ office space with two conference rooms for lease in the 5th 3rd Bank Tower, Downtown Nashville. State of the art copier, scanner, fax, high speed internet access, digital phone system and receptionist all provided. Receptionist provided to answer your phone line and greet your clients. $1,750.00 per month. Contact: John Agee @ (615)256-5661 or (615)218-7131 DOWNTOWN OFFICE SPACE AVAILABLE NEAR COURTHOUSE Downtown office space available on the first floor in the historic Barristers Building at 329 Union Street in Nashville. Four offices, library, conference room, kitchen, secretary space and reception area available. One block from courthouse, banks and restaurants. Call Jonathan Williams, 615-256-8880.

Downtown Office condos for Lease or Sale. 500 to 2500

24

Nashville Bar Journal - February 2012

OFFICE SPACE

ACCOUNTING

green hills Established Green Hills law association has office and adjoining secretarial space available for immediate occupancy. Free parking, excellent on-line and hard-cover Tennessee library, conference rooms, receptionist, and voice mail available. Call 383-3332.

Advertising: Contact Tina Ashford at tina.ashford@nashvillebar.org or (615) 242-9272

Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word.

Available Sections: Positions Available, Expert Witness, For Sale, Positions Wanted, Forensic Document Examiner, Technical Support Services, Office Space, Litigation Services, Office Sharing, and Accounting.

Nashville Bar Journal Classifieds Online at www.nashvillebar.org

Advertise your Office Space in the Nashville Bar Journal

CC Office Space Available: Victorian Era home, (+/- 6,300 sq./ ft/) with majestic chandeliers and a grand staircase upon entry, has been renovated into offices. Limited spaces available. We are located on Second Avenue, South, with free parking for attorneys and clients. Call Mary or Stephen at Parker & Crofford (615) 244-2445.

Nashville’s Largest and Most Established Court Reporting and Legal Video Service announces the opening of

Vowell and Jennings/Memphis 119 S. Main Street, Suite 500 Memphis, TN 38103 901.259.1112 www.vowelljennings.com

General Reporting - Legal Video - Expedited and Realtime Services - Video and Transcript Syncing - 24/7 Repository Access - Video Conferencing

NEWS YOU CAN USE! New Workers’ Compensation Coverage

with a Dividend Plan

Lawyers’ Professional Liability Insurance with Very Competitive Rates

• Great rates

• Zero deductible available

• Opportunity for a dividend

• Choice of claims expenses — inside or outside the limits

• Easy, convenient claims reporting

• Competitive rates

• Loss control tools that may help reduce your losses

• Coverage available up to $20 million

• Endorsed by the Nashville Bar Association

• Endorsed by the Nashville Bar Association

Plus, if you are enrolled in the Workers’ Compensation Program, you can earn a 5% discount on the Business Owners policy with coverages tailored specifically for legal professionals.

IPSCO has provided professional liability insurance to attorneys since 1956. Our extensive experience, market access to thirteen admitted and several non-admitted carriers, plus very competitive rates make IPSCO a great choice.

Contact Us Today Call: 615.460.1654

Email: lawyers@assoc-admin.com

Visit: IPSCOlawyers.com

IPSCO Superior Service • Superior Solutions Insurance Planning & Service Company, Inc. • 2301 21st Avenue South • Nashville, TN 37212

Elder Law Practice of Timothy L. Takacs

Elder Law is Planning for Quality of Life

Elder law is about more than just protecting assets from the high cost of nursing home care. It’s about using those assets to enhance the elder’s quality of life.

When your clients are dealing with the long-term illness or disability of an elderly loved one, point them in the right direction with a referral to Elder Law Practice of Timothy L. Takacs. Our multi-disciplinary practice empowers families to respond to quality of life concerns that asset-focused firms don’t address, such as care coordination, patient advocacy and insurance issues.

Improving quality of life for elders and the families that love and care for them has been our focus for nearly two decades. We can help your clients, too.

Call Elder Law Practice of Timothy L. Takacs.

Middle Tennessee: (615) 824-2571 Cumberland Plateau: (931) 268-5761 Toll-Free: (866) 222-3127 Family Website: www.tn-elderlaw.com Professional Education Website: www.elderlaweducation.com

Life Care Planning Elder Law Estate Planning Care Coordination