Nashville Bar Journal | May 2015

Nashville Bar Journal

MAY 15- VOL 15, NO. 4

The Insecurities of Tennessee’s Juvenile Secure Facilities or Where Have All the (Delinquent) Children Gone?

Everette Parrish

What You Don’t Know About International Parental Child Abduction – But Should: Part I Amy J. Savoie

The Stahlman Building Roundtable Paul R. White

A Brief History of Sports Gambling and Related Laws in the United States Shellie Handelsman

TAKE THE GUESSWORK OUT OF LEGAL RESEARCH. WestSearch® on WestlawNext® westlawnext.com

presented by THE ARTS & BUSINESS COUNCIL OF GREATER NASHVILLE in partnership with THE NASHVILLE BAR ASSOCIATION YOUNG LAWYERS DIVISION

MAY 27 - @ W.O. Smith School 6-9 PM Benefitting the Volunteer Lawyers & Professionals for the Arts Lead Sponsor: Patterson Intellectual Property Law Presented by YLD and Arts & Business Council of Greater Nashville The evening showcases live music, contemporary dance, and interactive art. Thanks to Stage Sponsor First Tennessee Foundation, performers will include New Dialect, Caitlin Nicol-Thomas, Maria Spear, Deidre Emerson, Carlos Enrique, and more. The evening is topped off with a silent auction celebrating creative and local gems.

TICKETS: http://www.abcnashville.org/what-we-do/arts-immersion/ or at the door.

All proceeds from Arts Immersion support the Arts and Business Council’s Volunteer Lawyers & Professionals for the Arts program which has provided over $1,400,000 of free legal services to the Nashville arts & entertainment community, serving over 2,500 artists and 400 arts organizations.

Departments

Articles 6 The Insecurities of Tennessee’s Juvenile Secure .

Facilities or Where Have All the (Delinquent) ....

2 4

Children Gone?

Everette Parrish

8

What You Don’t Know About International Parental Child Abduction – But Should: Part I Amy J. Savoie

10 The Stahlman Building Roundtable

Communique • Race Judicata • NBF Leadership Forum Program • Memorial Service • Golden Oldie • Upcoming Events

CONTINUING LEGAL EDUCATION CENTER SECTION

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Paul R. White

14 ARelated Brief History of Sports Gambling and Laws in the United States

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Shellie Handelsman

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Columns

12

From the President

100% CLUB MEMBERS Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory Classified Listings

Golden Oldie

Gadget of the Month

Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting

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.

NBA Calendar of Events MAY 14th NBA Golf Tournament @ Legends Golf Course MAY 19 - 12 PM Ethics Committee Meeting MAY 19 - 2:30 PM CLE: Ethical & Effective Marketing through Your Law Firm Website MAY 21 - 11 AM Spring Memorial Service MAY 21 - 3:30 PM Finance Committee Meeting

MAY 21 - 4:30 PM Executive Committee Meeting

JUNE 4 - 3 PM High School Intern Orientation

MAY 25 MEMORIAL DAY - NBA CLOSED

JUNE 9 - 10:30 AM LAW Board Meeting

MAY 28 - 12 PM NBF Trustees

JUNE 10 - 11:30 AM Historical Committee Meeting

JUNE 1 - 1 PM LAW Mentoring Committee Meeting

JUNE 10 - 12 PM NALS Meeting

JUNE 2 - 5 PM NBA Board Meeting

JUNE 16 - 12 PM CLE: Court of Workers' Compensation Claims & Appeal Board

JUNE 4 - 11:30 AM CLE - Committee Meeting

Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at www.nashvillebar.org

' A Monthly Publication of the Nashville Bar Association

Edward D. Lanquist, Jr., Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor 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 Everette Parrish Bill Ramsey Rita Roberts-Turner Eleanor Wetzel David Winters Victoria Webb

Nashville Bar Association Staff Monica Mackie 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 Malinda Moseley CLE 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

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Nashville Bar Journal - May 2015

From the President

Why Are There So Many Songs About Rainbows ‌.

And Articles About Civility by:

Edward D. Lanquist, Jr.

Many lawyers lament the decrease in civility that members of the Bar show to one another. This loss of civility has been gradual and has many causes. We can look at the causes but let’s instead look at why civility makes sense.

Before getting started, I asked a good friend if the issue of civility was overdone. She told me yes. But given that civility must be improved and given that I was almost done with the article anyway, I decided to push forward.

When I was a younger lawyer I was paid unremarkably so I would take advantage of the free alcohol at the in house bar at Manier Herod Hollabaugh & Smith. I would sit around and listen to the stories of trials held in the middle of nowhere where the snow was so deep and it was uphill both ways to get there. But the thing that was always beaten into the associates was to be civil. We were going to run into this lawyer again and again so you better get along. We were also taught to agree to extensions because there would come a time when you needed the extension. Additionally, the Bar was smaller so that you would run into lawyers again and again in other cases or at Bar events.

Presently people have an exaggerated view of the size of the bar and of the city. There are still only around 5,000 lawyers in Nashville and only about 3,000 of us practice law actively. Further, those three to five thousand lawyers talk to one another on a regular basis. How many times have you heard a story about a lawyer who is a pain to deal with? One lawyer will tell someone about a difficult lawyer and that person will tell someone else and so on. Before long that one story becomes known to many. Being difficult to one lawyer will cause you to be known as a difficult lawyer to many.

At the risk of stating the obvious, judges are lawyers. Judges talk to attorneys and to each other. Judges know which lawyers are difficult and which are not and so sometimes tell one another. Given that our bench is relatively small at all levels, this news travels fast.

I submit that it makes more sense to be civil than to be difficult. What I am about to state is not intended to contradict the principle that law is a sacred profession and we have a duty to uphold the rule of law and the rights of our clients. However, we can do so without being difficult. We can disagree without being disagreeable. We and our adversary can both professionally represent the needs of the respective client without being difficult. Our opposing counsel is merely performing his or her professional duty in the same manner as we are. Being difficult tends to make opposing counsel difficult and makes your life further difficult. Further, it often increases the cost of litigation to our clients.

One way to remain civil is not to assume intent with conduct. We easily experience an action by counsel and assume it was done with some vile intent. Most times, intent is lacking. Also, the flatness of emails or letters can be interpreted to include an intent or meanness that just is not there. Even if intent is present, one-upmanship merely escalates the battle. If intent is present and you ignore the conduct opposing counsel does not know what to do. Thus if we want to confuse opposing counsel who is difficult, we need only be nice.

2015 NBA BOARD OF DIRECTORS

My practice is national. We deal with attorneys from all over the country from many less civil areas. These other lawyers tend to expect difficulty and bite before being bitten. I have discovered a secret weapon. I unleash my partner Paul Ney. Though from New Jersey, Paul will have a nice conversation with difficult counsel and before long knows their hobbies and what their kids are doing. This has caused us to have very good and productive relationships with counsel that lead to a civil case now and referrals later.

We also need to remember that when discussing our client it is “our client”. There is no “we”. While we should maintain apathy for our clients, we must still only represent them in a professional way. Too often do we refer to our client as “we”.

That takes the professional relationship to a much too-personal level. Don’t get me wrong, I am quite close to many of my clients. But when I am advocating for them it is professional and business, it is not personal. When dealing with opposing counsel it is important to remember Tessio’s quote from The Godfather “Tell Michael it was only business.” If we personalize the representation then we become too invested to see all sides of the issue and counsel what is best for our client.

Also think about the 24 hour rule. When counsel really does something that irritates you, go ahead and draft a responsive email or letter (if anyone still does that) but do not send. Instead wait a period of time until the emotion passes and then re-review it. The initial draft can be cathartic but the pause can take away the emotion.

Being civil will improve your health. Studies show that stress is bad for you and bad for your body. The types of adrenaline, stress hormones, and other chemicals produced in your body constrict your blood flow and raise your sugar and fat levels.

Then when the stress is over you have that high sugar hangover. Further, studies show that bad things such as heart attacks are more likely to happen during a stressful event.

At the end of the day I always like to bring everything back to economics. Lawyers always have needs for referral sources. There are always conflicts or matters that need to be referred. However, lawyers like to work with people with whom they like to work. If you are professional and civil, your opposing counsel is more likely to consider you to be a valuable part of his or her referral network. However, if you are a pain, you will likely burn that proverbial bridge.

At the end of the day being civil is best for your reputation, your health and your practice. So even though there are too many songs about rainbows and articles about civility, that does not mean that both are not important. n

Edward D. Lanquist, Jr., President Joycelyn Stevenson, President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Charles K. Grant, Immediate Past President Ryan D. Levy, Young Lawyers Division President Whitney Haley, Secretary Hon. Joe B. Brown, Treasurer Eric W. Smith, Assistant Treasurer Lela Hollabaugh, General Counsel

Robert C. Bigelow Hon. Joe P. Binkley, Jr. Hon. Sheila D. Calloway Kathryn S. Caudle Margaret M. Huff Hon. William C. Koch, Jr. Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Erin Palmer Polly Matt Potempa David L. Raybin Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Overton Thompson, III M. Bernadette Welch

NASHVILLE BAR ASSOCIATION Each day, we work hard to help people and businesses in our community. The NBA has a wide variety of services and programs that can help lawyers work smarter, stay informed and keep connected with fellow attorneys. From sole practitioners to the largest firms, from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our clients and the justice system.

Our Bar Association is much more than just a collection of services.

The power of our membership lies in the power of the people.

WE are the Bar. And together, we shape the future of the legal profession.

https://www.facebook.com /NashvilleBarAssociation

@theNashvilleBar

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 Nashville Bar Journal - May 2015

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communiqué 12th Annual Land Rover Race Judicata Celebrating its 12th year, the YLD’s LAND ROVER RACE JUDICATA was another great success. On a rather cold March morning, over 300 brave race participants tackled the new course at Edwin Warner Park on the new scenic 5K and 10K courses.

Thanks to our numerous sponsors, this year’s event raised over $20,000 for the beneficiaries, Achilles International Nashville and Able Youth.

RACE VOLUNTEERS: The races would not have been possible without the assistance of the numerous volunteers, who gave up their Saturday morning to make this event a success. Thanks to all! A special thank you goes to the Land Rover Race Judicata Committee members: Emily Mack (co-chair), Blake Bernard (co-chair), Mollie Gass, Wally Irvin, Sarah Baker, Alex Fisher, and Alex Payne. Also, the Committee would like to extend a special thanks to the large number of Belmont students for volunteering their time for the Race.

TO THE VICTOR BELONG THE SPOILS: After a little friendly competition among our bar members to win the much anticipated team competition among the law firms, the team from Waller prevailed as the victor! Congrats to Stan Graham, Gen Celentano, and Jonathan Thatcher, the winning team members from Waller. Also, congratulations to Jason Callen and Abigail Ruiz for winning the fastest lawyer awards for the 10k and Stan Graham and Jillian Mastroianni for winning the fastest lawyer awards for the 5k.

We are especially thankful for our title sponsor, Land Rover Nashville, for their generosity and continued support of the Nashville Bar Association Young Lawyers Division and the Race Judicata.

Check out the race results and photos online at www.nashvillestriders.com.

-Golden Oldies

Don Smith correctly identified the individuals in the April 2015 Golden Oldies photo.

Pictured are: Ruth Kinnard and Bill Brooks 4

Nashville Bar Journal - May 2015

NBA Annual Memorial Service The Nashville Bar Association's spring Memorial Service will be conducting the service on Thursday, May 21, 2015, at the Downtown Presbyterian Church. The service begins at 11 a.m. with a reception immediately following in Fellowship Hall.

A project of the NBA's Historical Committee, the Memorial Service honors the memory of those Nashville lawyers and judges who passed away during the preceding six-month period.

Memorial resolutions, recounting the lives and legal careers of the deceased individuals, are prepared and then read at the service by friends and colleagues of the bench and bar.

George Barrett William Bradley Kent Harrell James (Jimmy) Harris, Jr Kenneth Jones, Jr. Tom Kittrell Bill Lincoln, III Mike Norton Robert (Bob) Spann Carlton Tarkington Alfred Wehby

Family members and friends of the deceased are invited to attend.

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

We are seeking nominations for the 2015-2016 Class, which will start in September 2015, and we are asking you to help us identify intelligent, inquisitive lawyers who have already demonstrated their willingness to make and keep a commitment.

We are striving for a class that is diverse in all respects, including areas of practice.

Please send us names of nominees you recommend for this innovative opportunity to learn, collaborate, network and serve the legal profession and our community.

Each nominee will then be sent an application which will contain more detailed information about the Leadership Forum program. Self-nomination is also welcome. A link to the Nominations Form is located at www.nbfleadershipforum.org/ nomination-form. We hope to have all nominations in by May 29, 2015.

NBA Calendar of Events MAY 14 NBA Golf Tournament @ Legends Golf Course

-----------------------------------------------------------MAY 21 NBA Memorial Service @ Downtown Presbyterian Church

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MAY 27 Arts Immersion @ W.O. Smith School 6-9 PM Benefitting the Volunteer Lawyers & Professionals for the Arts Tickets: http://www.abcnashville.org/what-we-do/arts-immersion/ or at the door.

JUNE 18 NBA Happy Hour @ Dodson Parker Behm & Capparella, PC 5-6:30 PM

-----------------------------------------------------------August 1 Carbolic Smoke Ball @ Sutler Saloon

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Nashville Bar Journal - May 2015

5

Feature

The Insecurities of Tennessee’s Juvenile Secure Facilities or Where Have All the (Delinquent) Children Gone? by:

Everette Parrish

September 2014 brought international attention to Tennessee’s juvenile delinquent treatment facilities.1 Media coverage of two seemingly uncontrolled mass escapes and one nationally televised violent riot chronicled the travels and troubles of over thirty teenagers who left a secure facility, Woodland Hills Youth Development Center, and entered neighborhoods in the middle-Tennessee area. Eventually, all runaways were captured, but not before many crimes had been perpetuated on the community. The Department of Children’s Services (DCS) did its best to inform the public in community forums,2 real-time website updates,3 frequent press releases,4 and interviews communicating the message of an exposed latent reality – DCS’ secure facilities in Tennessee were not secure enough to contain juvenile delinquents.

Over thirty kids were now in big trouble and between them, a third were over eighteen years-old and immediately charged with adult misdemeanor escape charges (no more juvenile rehabilitation; from now on, adult incarceration for these youth.) A third more were considered younger followers and placed back at Woodland Hills for new programs and new treatment.

The remaining third – those under eighteen, but who had tried to escape more than once – were separated and sent to temporary detention centers throughout the state while DCS tried to figure out what to do with them.

Almost immediately after September 2014, a new paradigm in juvenile treatment was accelerated and made paramount at DCS – “out with the old and in with the new” – past correctional treatment by uniformed guards had to somehow be replaced with therapeutic and nurturing counselors to help troubled youth.

Tennessee doors of secure juvenile delinquent youth development centers (YDCs) could not, by law, be locked on both sides according to Doe v.

Bradley.5 DCS decided that if youth were going to continue to test the 6

Nashville Bar Journal - May 2015

limits of the facility’s many vulnerabilities such as the un-lockable door, something dramatic had to be done to care for these runaway youth until the new therapeutic paradigm could take hold.6 Thank God for Texas.

G4S, the contractor who runs the privatized Level III partially-secured treatment facility in Nashville for all Tennessee delinquent females (another facility which experienced two mass escapes of its own when it first opened in 2012 and a year later in 2013),7 also runs a new and improved therapeutic treatment facility for males in Brownwood, Texas called “The Oaks Brownwood”. Opened less than two years ago,8 it is a therapeutic milieu environment for improving the behavior and lives of delinquent teenagers utilizing employees who are trained more as counselors than correctional guards. Throughout November and December of 2014, DCS filed motions in juvenile courts across the state against the persistent runaways (that final third of the thirty) to transfer them out of state to The Oaks Brownwood to complete their treatment and rehabilitation.

Texas has no problem locking doors and securing its youth, so it was the best of both ideologies – secure facilities in which therapeutic and nurturing counseling could be utilized to treat and rehabili-

tate Tennessee male juvenile delinquents.

Hearings were held in each youth’s case, nearly all of whom were represented by counsel. In rural counties, each hearing was a mere formality, with DCS being granted its motion to treat youth any way they saw fit9, even if that meant treating them in another state. Judges and magistrates in Memphis10 and Nashville11 held multi-day hearings and ruled essentially the same way as their peers. All of the youth DCS wanted to send to Texas were sent to Texas.

With “the problem” contained (and now in Texas), DCS aggressively moved to improve the insecurities within its juvenile justice division. It trained and equipped Woodland Hills staff with new mandated therapeutic processes by investing in significant fresh on-line and in-person training about therapeutic methods in place of former penal ones for guards and counselors. Bedrooms and common areas were physically modified with the goal of making the facility more ‘home-like’ instead of ‘prison-like.’ New paint, new furniture, and a new way of doing things were applied in March 2015, all with the goal of improving services to Tennessee’s troubled youth.12 To help ensure manageable security and affect a tangible, measurable, focused outcome, DCS reduced Woodland Hills population from 120 males a year ago to fewer than 35 as of April 2015. Governor Haslam’s 2015-2016 state budget recommendations call for Woodland Hills to abolish 131 employees from 201 to 70 by July 1, 2015, and to de-fund it by about $8 million.13 A new request for proposal (RFP) has been issued seeking a private company to become the next “G4S Oaks of Brownwood” in Tennessee,14 and this new level of service, if enacted, is slated to start July 1, 2015. Major change is happening, all for the benefit of the male juvenile delinquent population in Tennessee, but

it begs the question, “Where have all the (delinquent) children gone?” If not to Woodland Hills, Wilder and Mountain View, then where?

to about 1500 in a few years.19 This is to be the new normal nationwide, and Tennessee is but one state presently and aggressively invoking this change.

The answer is a good one and full of hope for the families of these troubled youth, in that DCS is finding placement for delinquents far from old, prison-like YDCs. It will continue placing them gradually in group homes, community-based private facilities, Level III Continuum providers, and later this summer perhaps, in the new Level III Continuum Special Needs Enhanced-JJ facilities to be created out of the newly issued RFP.15

Contemporaneously with the Council of State Governments’ study, Tennessee’s Commission on Children and Youth released a Policy Brief in January 2015, portending the same opinions.20 It encouraged DCS to abandon correctional models and expressed “appreciation to [DCS] Commissioner Jim Henry and leadership staff at DCS for their commitment to making lasting changes by implementing a therapeutic approach in the youth development centers.” Recently the Attorney General of Tennessee legally cleared the way for DCS to “lock the door on both sides” of the youth’s bedroom, so at the start of 2015, new locks were ordered for Woodland Hills, and these locks have recently been installed making the once ‘insecure’ facility now better secured.

This is where the nation is heading and Tennessee wants to keep up.16 DCS’ vision is to be modern, current, everimproving and pro-active in helping the lives of all delinquent teens in their care and to head in the direction of privatization and therapeutic ideologies, away from past punitive models of treatment.

This change will also greatly reduce DCS’ future potential liabilities. Recently, the Council of State Government’s Justice Center (coincidentally supported by Texas and Tennessee along with other states), released an exhaustive analysis of juvenile reforms having taken place in Texas from 2007 to the present.17 It stated that never before this study had so much relevant data been amassed and analyzed to reveal genuine trends away from “correction” and toward “counseling” in the treatment of juveniles. Quite simply, the Texas juvenile system in 2007 had imploded over gross deficiencies in treatment of juveniles in their secure facilities (not to mention appalling sexual abuse systemwide),18 and out of this crisis came therapeutic approaches to help teenagers instead of punitive practices. The result?

The population of delinquent youth in secure facilities dropped from about 4300

Woodland Hills runaways escaped to get out of a bad situation, perhaps to find a better one. Possibly their actions, while not at all condoned, have instigated improvements for future youth in Tennessee to be better served with more meaningful programs and lasting therapy going forward.

At this rate of change, likely just a few years from now, it is conceivable that all delinquent youth in Tennessee will be helped along by well-trained employees of privately contracted facilities and not watched over by state guards trained to use force. Tennessee YDCs may, by that time, all be shut down, and the worst juvenile delinquents may reside within local communities, neighborhood group homes and privately contracted secured facilities.

Every delinquent teen deserves the benefit of rehabilitation, to be looked upon as a

Continued on Page 13 

Nashville Bar Journal - May 2015

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Feature

What You Don’t Know About International Parental Child Abduction – But Should: Part I by:

Amy J. Savoie

It is unusual for an international parental child abduction to be thwarted while in progress, but when it is, it is sure to be dramatic.

Recently, a United Airlines flight bound for China returned to Washington Dulles – five hours after takeoff – when officials learned that a mother was attempting to remove her son from the United States to Beijing in violation of a court order.1 Two months later, a 7-yearold boy was rescued from an airplane bound for Denmark when the boy’s father, in the midst of a divorce battle with the boy’s mother, allegedly attempted to take the child out of the country without the mother’s permission.2 Cases like these do not usually end quite so happily – the plan to abduct a child is typically not discovered until after the abductor has already succeeded with the plot.

Frequently mislabeled by the popular press as “custody battles,” these are parental abductions, a felony crime, and they are more damaging, and more costly, than you may realize.

Parental Abductions are Not Custody Battles Generally, custody battles involve some legal sparring over which parent is to “win” primary custody of the child, usually with both parents being guaranteed visitation rights of some kind, regardless of the actual custodial determination. By contrast, parental abductions occur when one parent, without regard to the other parent’s rights to their son or daughter, absconds with the child. Dissatisfied with a court’s determination as to custody or visitation, parental abductors violate standing court orders and take matters into their own hands, often stealing the child to a destination where family members and/ or a native country’s government will support them.

International parental abduction is a federal felony offense under the International Parental Kidnapping Crime Act (IPKCA), but a 8

Nashville Bar Journal - May 2015

would-be parental kidnapper is not always deterred by the possibility of being considered a fugitive felon, especially when it is believed that his or her home country’s government will protect the kidnapper from extradition and/or from having to return the child.

For parents of these kidnapped children, the uphill battle they wage for their child’s return is beyond the comprehension of anyone except for those who have actually experienced it. It is a legal and logistical nightmare that takes a staggering financial, emotional, psychological and even physical toll on the parents, grandparents, and other family members left behind.

A Divorced Parent’s Nightmare Testifying in front of the California State Judiciary Committee, an emotional Jeffery Morehouse explained how his life has been “shattered” by his ex-wife’s abduction of their son, and how he has not seen his little boy since Father’s Day in 2010.3 “I received a phone call… it was the police. They informed me that my son and my ex-wife had been reported missing. But I knew immediately what had happened, and she had succeeded in doing what she had threatened to do.” His ex-wife had abducted their son to Japan.

Margaret McClain, another victim parent, says that during divorce proceedings, her Saudi Arabian husband had repeatedly threatened to kidnap the couple’s daughter, Heidi. “[T]he judge did not believe me and said he

needed proof. On one of my daughter's visitations with her father in August 1997, when she was 5 years old, he did kidnap her and she has been in Saudi Arabia ever since.”4 Jeffery Morehouse’s situation is made all that more difficult because the Japanese government does not typically recognize a father’s rights to his child following a divorce – that is, the government does not recognize the parental rights of its own Japanese citizen-fathers following a divorce, never mind a foreigner’s rights.5 Margaret McClain, on the other hand, says she is a victim of Saudi Arabia’s cultural preference that fathers should control custody. Therefore, even if their respective abduction cases were to be heard in a court within the alleged abductors’ homeland, they would risk facing an imbedded cultural disadvantage – Japanese court decisions evidence a clear bias for children to remain with their mothers, whereas Saudi Arabian courts reportedly prefer for children to be with their fathers. 6 Abduction Risk Factors and Personality Profiles Attorneys representing clients who are ending mixed-cultural or dual-national marriages need to be aware of the risk factors for a parental abduction, particularly if a client has concerns that his or her spouse is “vengeful, unstable, emotionally immature, abusive” or dependent on drugs or alcohol.7 Risk factors include: 1. Threats to abduct the child or previous attempts to abduct the child. Frequently dismissed by judges and lawyers as mere emotional rhetoric, threats by a parent to abduct a child, leveled during or following a divorce, must be taken seriously. Citing a study by the Department of Justice, the Boston Bar Association recently reported that 80% of parental abductions were preceded by threats that the left-behind parent would never see his or her child again.8 The American Bar Association,9 the National Center for Missing and Exploited Children,10 and the U.S.

Department of Justice11 all list “threats to abduct a child” as a prominent risk factor to be considered in cases where parental abduction is a concern.

2. Ties to a foreign country and/or lack of ties to the child’s home state. In addition to threats to abscond with a child, one parent’s ties to a foreign country, lack of ties to the child’s home state, and/or the ending of a mixed-culture marriage are other risk factors to be taken into account when there is a concern that a parent may be planning to kidnap a child.

9, 10, 11 In particular, ties to a country that does not recognize U.S. custody orders or that does not guarantee child visitation for non-custodial parents is a serious red flag.

Too often, one parent’s seemingly harmless desire to “visit” his or her homeland with a child has served as a disguised and premeditated means to bring about the de facto termination of the other spouse’s parental and visitation rights.

3. Personality disorders. One should also be on the lookout for symptoms of a personality disorder. Traits to watch out for include an “unwillingness to share parenting, an enmeshed relationship with the child [and] a sense of superiority to the court’s orders,” as well as an impulsive temperament.12 Also, it is not uncommon for a would-be parental abductor to exhibit narcissistic,13 paranoid-delusional and/or sociopathic traits.14 Bill Eddy, an attorney and clinical social worker, reports that most of his parental kidnapping cases involve parents “with narcissistic or antisocial personalities, or both, who decided they were above the law.” 15 4. History of withholding visitation.

When a parent has a history of withholding visitation, or there is a pattern of high-conflict co-parenting due to one parent’s unwarranted intransigence, there is a heightened risk for a more serious custody violation, possibly escalating to an actual abduction.16

5. Means and opportunity. A parent’s financial independence, having a “portable career,” and/or having extended family with some financial means are additional risk factors to be considered. Specific cases in which a child was kidnapped with the cooperation and support of the kidnapper’s extended family are too numerous to list.17 Therefore, because parental abductions frequently involve the cooperation of the abductor’s family members, examining a would-be abductor’s financial independence alone is insufficient.

Parental Abduction is Child Abuse You may be thinking: A parentally abducted child is with a parent, after all. Can such a “family abduction” really be so harmful?

Yes, it most certainly is.

Abducted children are whisked away from a loving parent, a hometown, their school, extracurricular activities, and their friends – all without warning. Abductors may make up lies in order to quiet the child’s pleas to be returned home, and to suppress the child’s strong feelings for the left-behind parent. Explaining this crime from the children’s perspective, Dr. Dorothy Huntington says that the children “become ‘emotional dishrags’ because the perpetrator tells the child that the parent victim doesn't want them anymore, doesn't love them anymore, that the parent victim is dead, or may be getting married and doesn't want them around.”18 In the American Journal of Forensic Psychology, Dr. Deidre Rand explains that “[a]n abducting parent views the child’s needs as secondary to the parental agenda, which is to provoke, agitate, control, attack or psychologically torture the other parent…[P]ost-divorce parental abduction is considered a serious form of child abuse [whereby] the child becomes psychologically depleted” and emotionally crippled.19

Continued on Page 18 

Nashville Bar Journal - May 2015

9

The Stahlman Building Roundtable by:

Paul R. White

As is the case with so much of the history of the Nashville Bar, your author is required to consult the writings of the late David C. Rutherford1, and is indebted to him for the background material on the Stahlman Building Roundtable. It seems that the origins of the vaunted Roundtable begin back in the 1930’s with various drugstores in the Union Street area and the Bullpen coffee lounge which emerged after World War II. David Rutherford had this to say in his work on the bench and bar of Nashville: Soon after World War II, and after so many Nashville Lawyers had returned from the service, there was no acceptable place to have coffee. There were two drug stores and the Stahlman Building Restaurant, but none were large enough to handle the growing number of lawyers. There were some two hundred (200) lawyers at the Bar at that time.

Ross Dunn, Fred Powell, Charlie Brown, and seventy-two other coffee drinkers decided to form a corporation and establish a place where coffee, hamburgers, and other sandwiches could be readily prepared. Stock was sold at twenty-five dollars a share. In a basement fronting on Union Street, where the AmSouth Bank is now [2003] located, a grill with all the other equipment was installed and a grand opening was held. Mr. and Mrs. H. C. Harrington operated the grill and Mrs. Harrington’s sister was the waitress.

She was known as “Junior.” After several years and with the many lawyers involved, it became too troublesome. The problems were solved completely when they gave the entire facility to Mr. and Mrs. Harrington.

The entire building was destroyed by fire, along with John Hilldrop’s office on the second floor of that same facility. Prior to the “bullpen” in the 1930’s, Sword’s Department Store occupied the main floor at 306-310 Union Street. Later, Sterchi’s Furniture 10

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Store occupied the main floor, and later John Charles operated a nice restaurant there at 306310 Union Street.

The entire block was later demolished and the Chamber of Commerce Building was the first building built on the premises. Later the First American Center replaced the Chamber of Commerce Building. Now the AmSouth Bank occupies the same location.2 One of the greatest and longest tenured feature writers of local history for The Nashville Tennessean was the late and much-missed Louise Davis. In a feature article for The Nashville Tennessean Magazine issue of May 6, 1951,3 we are advised that the Bullpen opened in about February 1950.

The owners tried absentee ownership, which did not work, and so the enterprise was transferred to the Harringtons, who agreed to assume the debts the business had incurred. Those debts were paid off by the time Ms. Davis visited in May 1951, and the Bullpen was operating on some measure of sustainable profit. Judging from the comments Ms. Davis made, the same aura pervaded the successor to the Bullpen, at least in the opinion of your author. She makes references to the teasing, though it was rather harsher than that at times, the democratic and free expression of opinions on a wide range of subjects from legislative enactments, military strategies, Continued on Page 16 

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11

BIL L G A & PH DG ET O IL'S F THE

MONTH

Logitech K480 Bluetooth Multi-Device Keyboard

By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting For as long as computers have been around, the keyboard has been the main input device. And as much as things change in the world of technology, there are some things that remain pretty much the same…the keyboard being one of them. So, being so accustomed to using real, tangible keyboards for all of our adult life, we have struggled with on-screen virtual keyboards on our mobile devices. After some embarrassing autocorrects while texting from a smartphone and some misspellings on client emails from an iPad, we decided to forego using virtual keyboards when possible in favor of the real thing.

We were ecstatic when Bluetooth keyboards became popular and have tried many of them. No longer having to tether a real keyboard to our mobile devices via a cable made the prospect of using real keys to input data much more realistic. However, being the super geeks that we are, we sometimes carry two, three, or more mobile devices with us; and having to pair our Bluetooth keyboard with only one device at a time was a limitation we had just learned to cope with. (Our coping mechanism was to just pair the BT keyboard with just one device, usually the iPad, and resort to the dreaded virtual keyboard when we had to respond to something on our phone.) Not anymore. We saw the Logitech Multi-Device K480 Keyboard at the Consumer Electronics Show earlier this year and thought it was an interesting solution that we had not seen before; however, only recently were we able to purchase one at a local retail outlet and try it out. And we love it! Here’s the skinny.

With the K480 keyboard, the keyboard can be paired with up to three devices simultaneously. There is a 1-2-3 selector knob that allows you to select which device you want to use with the keyboard. So we tested by pairing the keyboard with an Android smartphone (a Galaxy Note 4, to be precise), an iPad Air 2, and a Surface Pro 3. The K480 has a slot at the top of the keyboard where you can set your mobile devices while using the keyboard. So we positioned the iPad and Note 4 phone both in the slot and positioned the Surface Pro 3 next to it, using the Surface’s built-in kickstand. Wow. We didn’t even realize how convenient this setup is until we tried it out. We can easily go back and forth between the three devices using just the one keyboard: Turn the selector knob to ‘1’ and answer a text on our smartphone; turn the selector knob to ‘2’ and reply to an email on our iPad; and turn the selector knob to ‘3’ and work on drafting a document in Word on our Surface. We have three devices in our field of vision and can easily create content on any one of them using the one common K480 keyboard. Talk about multi-tasking! This takes it to the next level.

The keyboard at $49 is not expensive as Bluetooth devices go. However, it is a bit bulky to be used as a traveling keyboard.

We think using the K480 on our desk at the office or home makes more sense. Given how so many of our younger friends (we are showing our age here) prefer to text over email; we find ourselves responding to more and more texts along with our normal email communication. Making our smartphone easily accessible via the K480 along with our tablet is the biggest advantage to this new keyboard. Being able to pair it to a third device, our PC or laptop, just makes it a total input solution. 

See you next month, —Bill & Phil

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The Insecurities of Tennessee’s Juvenile Secure Facilities or Where Have All The (Delinquent) Children Gone? Continued from page 7

Tennessean of worth and potential, counseled as to their behavior and not besieged with harsh corrections. Let each attorney in Tennessee who works with youth remember juvenile law’s primary aspiration as spelled out in T.C.A. § 37-5-102 which states, “Whenever possible, the services shall be provided in the community where the child lives and in a setting that is the least restrictive and, yet, the most beneficial to the child.”  Everette Parrish (attorney@law4tn. com) provides over 300 juveniles at Woodland Hills and Wilder Youth Development Centers with post-dispositional and civil rights legal counsel. He is a regular contributing committee member of the Nashville Bar Journal and maintains a juvenile, family and criminal defense practice in middle Tennessee.

(Endnotes) 1 Assoc. Press & Louise Boyle, Tough love for youth offenders on the run, Daily Mail UK, Sept. 3, 2014, http://www.dailymail.co.uk/news/article-2740553/More-30-teens-escape-detention-center.html.

Adam Tamburin, DCS Chief to talk to Woodland Hills riot, escape at forum, Tennessean, Sept. 8, 2014, available at http://www.tennessean.com/story/news/local/2014/09/08/dcs-chief-talk-woodland-hillsriot-escape-forum/15308085/?from=global&sessionKey=&autologin=.

2

3 Tennessee DCS, Information on Sept. 1 escape (Sept. 2, 2014), http://www.tndcs.org/2014/09/ update-on-woodland-hills-ydc/.

4 DCS OpenLine, From Jim Henry, Commissioner, Tennessee Department of Children’s Services, http:// dcsopenline.tumblr.com/page/2g (tumblr where DCS posts public updates).

Doe v. Bradley Background Information, https://drive.google.com/file/d/0Bz_r3D4FXV3DR0s1Nld1WWJSbGc/edit?pli=1 (PDF available through hyperlink on DCS website, http://www.tndcs.org); Doe v.

Henderson, Davidson Co. Chancery Court Case No. A-7980-I (1979).

5

6 Andy Humbles, 7 Woodland Hills escapees transferred to Texas, Tennessean, Jan. 29, 2015, available at http://www.tennessean.com/story/news/local/2015/01/29/woodland-hills-escapees-transferredtexas/22527917/.

WSMV-TV, Escapees from Clover Bottom Facility Captured, July 4, 2012 (updated July 18, 2012), http:// www.wsmv.com/story/18948607/police-searching-for-three-escaped-juveniles; Jennifer Herron, WSMV-TV, All 9 girls who escaped from treatment facility now in custody, June 26, 2013 (updated July 24, 2013), http://www.wsmv.com/story/22689152/9-girls-escape-youth-academy-3-still-on-the-run.

7

Steve Nash, County may OK name for juvenile center, Brownwood Bull., May 11, 2013, http://www. brownwoodtx.com/news/community/article_3ee6bf79-edc8-575b-9045-77014d608a26.html.

8

The court upon grant of custody, “empower[s] the department to select any specific residential or treatment placements or programs for the child according to the determination made by the department, its employees, agents or contractors.” Tenn. Code Ann. § 37-1-129(e)(1).

9

10 Magistrate David E. Ferguson of Shelby County Juvenile Court ruled in November 2014, for DCS after two days of hearings on three youth stating: “It seems to me that if you're going to have a policy [Doe v. Bradley] like that, it's tantamount on the children to respect the policy in order that everyone can get treatment. If they're going to take advantage of that policy and create a disturbance in the facility, then they themselves are not only getting treatment, but the children that are in the institution are not getting that treatment, either.”

11 Judge Sheila D. J. Calloway for the Juvenile Court of Davidson County, in January 2015, after three days of hearings on two youth ruled in the Department of Children's Services’ Motion to Review Institutional Placement Pursuant to Article VI of T.C.A. § 37-4-201, “…a program that operates on a positive incentive basis versus a punitive model will best meet [this child’s] needs. The two other Youth Development Facilities in Tennessee both operate in a punitive model and can NOT provide for this child's unique therapeutic needs. There does appear to be a compelling reason to place this child in the Oaks Facility in Brownwood, Texas.”

12 Jordan Buie, Inside Woodland Hills: DCS seeks improvements, Tennesseean, Mar. 20, 2015, available at http://www.tennessean.com/story/news/crime/2015/03/20/woodland-hills-improvents-soughttennessee-department-childrens-services/25118045/.

13 State of Tennessee, Department of Finance and Administration, The Budget, Fiscal Year 2015-2016, vol. 1, at B-180 & vol. 2, at 24, 52, available at http://state.tn.us/finance/bud/bud1516/16Publications. shtml.

14 State of Tennessee, Department of Children’s Services, Request For Proposals For Performance Based (PBC) Residential Services For Juvenile Justice Youth RFP #35910-03145, available at http://tn.gov/generalserv/cpo/sourcing_sub/documents/RFP35910-03145-IssueCopy.pdf.

Id. The attachment describing service types is available at http://tn.gov/generalserv/cpo/sourcing_sub/documents/Att-1ServiceTypes-final_03145.xls.

15

16 John Kelly, Toward a Positive Youth Justice System, Chron. of Social Change, Apr. 1, 2015, https:// chronicleofsocialchange.org/analysis/toward-a-positive-youth-justice-system/9820.

17 The Council of State Government Justice Center & Public Policy Research Institute, Closer to Home: An Analysis of the State and Local Impact of the Texas Juvenile Justice Reforms (Jan. 2015), available at http://csgjusticecenter.org/wp-content/uploads/2015/01/texas-JJ-reform-closer-to-home.pdf.

Steve Nash, Law officials wrap up probe, Brownwood Bull., Mar. 9, 2007, http://www.brownwoodtx.com/news/article_0010e6a3-5576-5c47-a3ee-947559780276.html.

18

19 The Council of State Government Justice Center & Public Policy Research Institute, Executive Summary, Closer to Home: An Analysis of the State and Local Impact of the Texas Juvenile Justice Reforms, at 3, available at http://csgjusticecenter.org/wp-content/uploads/2015/01/exec-summary-closer-tohome.pdf, 20 Tennessee Commission on Children and Youth, Policy Brief, A Therapeutic Approach to Juvenile Justice, Jan. 2015, available at http://www.tn.gov/tccy/pb-jj-ta-0215.pdf.

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A Brief History of Sports Gambling and Related Laws in the United States by:

14

Shellie Handelsman

Casinos across the U.S. earned $81 billion in 2013.1 Of that amount, $67 billion was from gaming revenue.2 In 2013, “gaming contributed $240 billion to [the] U.S. economy and supports approximately 1.7 million American jobs and nearly $73.5 billion in income.”3

This only accounts for legal casino gambling and not for any online gambling, which arguably may be illegal. Fantasy leagues and NCAA brackets have flourished with the Internet. If all gambling were legalized, it could be taxed and generate upwards of $500 billion per year in tax revenue.4

Presently, many laws attempt to prohibit gambling, including sports and other Internet gambling. These laws have proven difficult for authorities to enforce, especially online. The current debate is whether these laws should be repealed. Advocates suggest instead of prohibition, new laws should be enacted to regulate and tax all gambling.5

One of the biggest scandals in U.S. sports history, the Black Sox scandal, revealed major issues with gambling in sports. Rumors were eight Chicago White Sox (the so-called “Black Sox”) were paid to throw the 1919 World Series between the White Sox and Cincinnati Reds.6 Because the Black Sox allegedly threw the games, the Reds won the series.7

Although rumors continued after the season, Major League Baseball (MLB) ignored them.8 On August 31, 1920, when another game was allegedly thrown between the Chicago Cubs and Philadelphia Phillies, MLB could no longer disregard such hearsay.9 In October 1920, a grand jury indicted the Black Sox.10

After evidence and confessions allegedly disappeared, the Black Sox were acquitted on all charges.11 Around this time, MLB appointed federal Judge Kenesaw Mountain Landis as the first Commissioner of Baseball. In 1921, he permanently banned the Black Sox from professional baseball. This “rule” is formally enacted as “Rule 21,” which prohibits gambling in MLB and is posted in every dugout.

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While sports betting has always existed, government officials avoided restricting it. But when nationwide gambling operations matured, they no longer could.12 In 1961, Congress began passing laws prohibiting sports gambling. First, Congress enacted the Interstate Wire Act of 1961 (the “Federal Wire Act”), which prohibits those in the gambling business from using wire transfers to give gamblers money or credit for sports bets in interstate or foreign commerce.13 Violators can be fined and imprisoned for up to two years.14 There are two exemptions: news reporting and legal sports gambling under a state or a foreign country’s law.15 In 2002, the Fifth Circuit ruled the Federal Wire Act’s prohibition includes wire transfers over the Internet.16

Also in 1961, Congress enacted the Interstate Transportation of Wagering Paraphernalia Act, which prohibits interstate transportation, except by a common carrier, of any “ticket, certificate ... or other device used” for sports gambling.17 Violators can be fined and imprisoned for up to two years.18 It exempts legal sports gambling under a state or a foreign country’s law.19 In 1970, Congress enacted the Illegal Gambling Business Act, which prohibits owning, operating, or financing an illegal gambling business.20 Violators can be fined and imprisoned for up to five years.21 In the mid-1980s, the Pete Rose scandal surfaced.

MLB’s then-Commissioner Bart Giamatti hired attorney John Dowd to investigate rumors of Rose’s alleged betting while managing the Cincinnati Reds.22 Rose continuously denied the allegations.23 Dowd reported that while he had no evidence Rose bet against his own team, Rose bet on 52 Reds games in

1987.24 In August 1989, Giamatti and Rose entered into a settlement agreement: Rose was placed on MLB’s permanently ineligible list and MLB made no formal findings against him.25 In 1991, the Baseball Hall of Fame enacted a rule that anyone on this list could not be inducted into the Hall of Fame.26 In 1992, Rose applied for reinstatement with thenCommissioner Fay Vincent, who never ruled on it.27 In September 1997, Rose again applied.28 In 2002, he met with then-Commissioner Bud Selig, who also never ruled.29 In 2004, Rose wrote My Prison Without Bars, in which he admitted to betting on baseball and other sports while managing the Reds.30 In March 2015, at age 74, Rose again applied for reinstatement.31 We have yet to see if and how first-year Commissioner Rob Manfred rules.

In 1992, Congress enacted the Professional and Amateur Sports Protection Act (the “Bradley Act”), which prohibits the government or any individual from sponsoring, operating, or licensing a “betting, gambling, or wagering scheme” based on amateur or professional games or the performance of amateur or professional athletes.32 If the government or an individual violates the Bradley Act, the U.S. Attorney General or an affected sports organization can file for an injunction.33 The Bradley Act created an exemption for states with a 10-year history of licensed gaming, giving them one year to apply.34 All Nevada’s sportsbooks, Oregon and Delaware’s limited sports lotteries, and Montana’s limited sports pool betting were grandfathered.35 Because the Bradley Act was also enacted before the Internet boom, it is limited in prohibiting online sports gambling.

In 2006, Congress enacted the Unlawful Internet Gambling Enforcement Act.36 This Act prohibits those in the gambling business from accepting credit, electronic funds, or any equivalent form of money transfer from others involved in unlawful Internet gambling.37 It does not alter any federal, state, or intertribal law that permits or prohibits gambling.38 It

excludes fantasy sports leagues, games, and contests, and playing them for free.39 This Act’s effectiveness is limited because it does not restrict gambling businesses located outside the U.S. (so many are owned and operated there) and it only prohibits those in the gambling business (not individuals who gamble).

While fantasy leagues are federally exempt under this Act, participating in NCAA brackets and tournaments like March Madness is technically illegal, except in the grandfathered states.40 That said, it appears NCAA brackets have become “mainstream illegal gambling with few, if any repercussions”; even President Obama fills out a bracket.41 While participants are unlikely to be prosecuted under federal law unless they are in the gambling business, in theory, if participants are paying and playing online, it violates the Federal Wire Act, the Bradley Act, and the 2006 Act.42 The debate continues regarding fantasy sports’ legality under state laws outside the grandfathered states.43 Illegal gambling involves three elements: “consideration”, “chance”, and “prize”.44 These terms are defined by state laws.45 In most states, if a fantasy league is free and/or involves no prize, it is likely legal because it has fewer than all three elements.46 “Seasonal” fantasy leagues using a “traditional auction” to pick players are likely legal because results are predominantly based on “skill”, not “chance”.47 Fantasy leagues using a “modified auction”, “autopick”, or “draft”, and leagues shorter than a full season likely involve “chance” and are Continued on Page 15  illegal.48 In other states, fantasy leagues are likely illegal. In Delaware, Kansas, Ohio, Michigan, Washington, Vermont, and Wisconsin, “consideration” is found if a player spends “substantial time or effort” to somehow benefit the host.49 In Tennessee, Iowa, and Arkansas, “chance” is found if the game involves any degree of chance.50 In Florida, Louisiana, Arizona, and Kansas, state officials have indicated that fantasy leagues for “consideration” are illegal.51

Daily fantasy sports are more questionable because no case law exists.52 Since they involve “prize” and “consideration”, whether it involves “chance” will determine their legality.53 Despite the questionable legality of fantasy leagues, sites like FanDuel and DraftKings advertise fantasy leagues to be legal because they involve “skill”.54 But residents of Arizona, Iowa, Louisiana, Montana, and Washington cannot play for “consideration” because the legality is “unclear”.55 Should Congress repeal these anti-sports gambling statutes and instead regulate sports gambling? If current legislation is ineffective and fails to prohibit online sports gambling, is it in our country’s best interest to stop attempting to prohibit sports gambling and instead regulate it and earn tax revenue?

Both the National Basketball Association’s and MLB’s Commissioners endorse legalizing sports betting and Congress enacting legislation regulating sports gambling.56 Many states are also onboard.

New Jersey is the frontrunner for legalization. Despite the Bradley Act, Governor Chris Christie signed legislation allowing sports betting in New Jersey casinos and racetracks.57 Since signing this law, New Jersey has repeatedly been fighting against the sports leagues in court.58 Most recently, on March 17, 2015, oral arguments were held in the Third Circuit addressing whether New Jersey’s law violates the Bradley Act.59 The judges are expected to render a decision by June.60 Other states are closely following the New Jersey case. For example, New York, Indiana, and South Carolina have introduced sports betting bills.61 Minnesota is expected to introduce one this year.62 Continued on Page 19 

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The Stahlman Building Roundtable Continued from page 10

legal conflicts, news events of the day, and women. Your writer can attest that the latter subject remained a favorite until the end of the Stahlman Building Roundtable, though Ms. Davis would most likely have been mortified at the turn that topic could take at times. To those subjects she reported could be added politics, religion, sometimes book reports, legal research and many tales of local personages of note, their foibles, and legendary exploits both in and outside of the Bar. Among favorite topics discussed were scandalous lawsuits and notorious criminal prosecutions, both current and historical.

Those who David Rutherford could identify from Ms. Davis’ article as habitués of the Bullpen were: Cecil Sims, Harold Lowed, “Junior” the waitress (Mrs. James Zeis, Raymond Denney, Jimmy Lawrence, Fred G. Page, James Swiggart, J. C. Edwards, Elmer Davies, Fred Powell, Roy Miles, Sr., Charles H. Rutherford, Tommy Osborne, B. B. Gullett, John Maddin, Wilson Ward, Ross Cheshire, John McCall, Harry Lester, T. T. McCarley, “Judge” John W. Hilldrop, and J. B. Bracey.

The Bullpen was gone when your author began working downtown at the First American National Bank in 1973. Later that year, the bank moved into the tower that still occupies its former space on Union Street. By that time, the Stahlman Building Restaurant, which had begun as “Stumb’s,” had supplanted the Bullpen, and remained the preferred coffee gathering place for lawyers until it closed in the late winter or early spring months of 2005.

It was called the Roundtable because there was a large round table in one corner around which numerous persons could gather. Its actual maximum capacity was never really known, because those who had been present for a while would always surrender place to a new comer, if another chair could not be squeezed into place. By the time the restaurant closed, many of its long-time regulars were gone. A list of those who were its patrons would include: David C. Rutherford*, Bob Jennings*, Bob Doyle*, Rollie Woodall*, Herb Rich*, Paul Couch, Bob Skinner, W. B. Hogan*, Dan Garfinkle*, David Vincent*, Bill 16

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Moody, Ed Herod, Bob Dozier, Dewey Pedigo, Jr., Charlie Galbreath*, Spiller Campbell, Judge Shelton Luton, Sam Wallace, Sr.*, Tom Kittrell, Ed Kindall*, Judge Bill Higgins, George H. Cate, Jr.*, Ceasar Urrutia, Frank Grace*, Graham Boyce, Charlie Brown, Claude Callicott, John Cheadle, Dick Dance, Clarence Doyle, E. L. “Monk” Edwards, David Gray, Jack Green, Frank Ingraham, Ed Jenkins, L. Kenneth Johnson, Jim Tomkins, Herman Loewenstein, Earl McNabb, Charles Craig Morrow, John Nolan, R. B. Parker, Tom Proctor, Judge Donald Washburn, Judge Steve Dozier, Paul Housch, Judge Seth Norman, Bill Porter, Hal Hardin, George Thompson, Jim Doty, and John Whalley.

Those marked with an asterisk were the regulars, and the others were occasional customers. After 1991, your author was a regular and knew all but two or three of these men. It never seemed to be popular with the lady lawyers in Nashville, and if it had been, it would have restricted one of the most fertile topics of conversation.

The collective wisdom of the denizens of the Roundtable was often available to members of the public who might seek it, just as Ms. Davis reported that it had been at the Bullpen. One notable example concerned Herman Alonzo “Alligator” Eakes, a perennial candidate for public office, and a sometime visitor to the Roundtable in the Stahlman Building Restaurant. In one of his races for Sheriff, Channel Five scheduled a forum for all five of the candidates. The candidates were introduced one by one, but when the announcer reached the chair reserved for Alligator, he had to announce that: “Our fifth candidate, the honorable Alonzo Eakes, will not be appearing tonight on the advice of counsel.”

In the following days a number of concerned citizens looked into the circumstances of Alligator’s reluctance to appear on free television. Evidently, a day or two before the broadcast, Mr. Eakes had let it be known to those gathered at the Roundtable that he was scheduled to appear on television and asked what everyone thought about it. The consensus of those gathered, as expressed by Bob Jennings or Sam Wallace, Sr. was: “I don’t believe I’d do that if I was you, Alligator.”

On another occasion, Mr. Eakes having frequented the Roundtable and the General Sessions Court for a lengthy time, a group of the Roundtable regulars contrived the notion of making him an honorary lawyer. A suitable resolution was prepared, signed by John Tune on behalf of the Barristers’ Club and presented to a very proud Mr. Eakes by the Roundtable.

This was about 1968. Alligator took the whole matter entirely too much to heart, and the next morning presented himself and sat within the rail in Chancellor C. Allen High’s Chancery Court. There was quite the dust up when court convened, with the Chancellor pontificating for about ten minutes on the sanctity of the place where Alligator was sitting, the history of the Bar in Old England, the tradition of the area reserved for lawyers in the court, and was about to hold him in contempt, when Alligator produced his credentials in the form of the resolution.

The Chancellor then changed tack and explained to Alligator that he had been sadly misled by his friends, much to the chagrin of John Tunes and the rest of the bunch who had engineered the deceit.

Another newspaper article appeared Monday, January 22, 2001, reporting a lawsuit drafted and filed by the roundtable members Sam Wallace, Sr., Sam Wallace, Jr., and Bob Jennings to halt the efforts of Metro Codes Division to close the restaurant due to a faulty stove hood. Not willing to lose their beloved breakfast location, these worthies of the Nashville Bar battled Metro to a compromise on the codes violations, and got a stay of execution for the restaurant until Metro redeveloped the building for other use when the lease expired. The 2001 newspaper article described the restaurant as being located on the main floor of the 95 year old building and then being operated by Ada Hawkes and her husband, John, under a lease dating back to 1981.

There was always much repetitive banter around the table. David Rutherford and David Vincent were always good-naturedly going at one another every day, and Rutherford would tell other restaurant patrons he never had any trouble with David Vincent until he started dating his sister.

Beginning as a joke, a recurrent conversation was had about honoring lawyers before they died, rather than eulogizing them after their death. This grew into a plan to honor David Vincent. He had been refused admittance in the University of Tennessee Law School because of his race.

The State of Tennessee paid the difference in his tuition to attend the University of Michigan Law School, from which he graduated. The plan evolved into presenting him with a black lacquer captain’s chair from the University of Michigan Law School. With great ceremony, he was summoned unawares to Chancellor C. Allen High’s courtroom one morning. The room was packed with Nashville lawyers who came to tell largely humorous stories and reminiscences about their experiences through the years practicing law with David Vincent. It was a very poignant presentation, and seemed to be appreciated by all in attendance that day.

Another long running theme was a series of personal confrontations which occurred between David Rutherford and Charlie Galbreath. These were not always so innocent as the Vincent exchanges, and David Rutherford laid them off to the time as a child when his mother forced him to share his Christmas red wagon with Charlie, a boy in the neighborhood, but not so fortunate as David. Apparently, Charlie was not appreciative of Mrs. Rutherford’s largesse, and damaged David’s new wagon.

On one memorable occasion, after another exchange, David asked Charlie why he continued to frequent the Roundtable, since nobody liked him or wanted him to be there. Charlie, refusing to get angry, replied that it was because it so peeved David. After Charlie did leave, David announced that Charlie Galbreath was the one man he knew who could not be shamed or embarrassed.

It was customary that Ada Hawkes would not provide much in the way of the little extras that make most restaurants memorable, nor condiments to her patrons, and if she did, she was always in the habit of reminding them that they were costing her all of her profits. When she would launch into one of these oft repeated criticisms of

her clientele, Sam Wallace would invariably respond, within her hearing, to the effect that this would be a great place to locate a restaurant. Her repetitive complaints led to the effort, in the early 1990’s, to relocate the Roundtable to Frisco’s across Second Avenue in the Washington Square building. The membership took up contributions to buy a round table for there, but it was never the same, and the patron of that establishment had some legal problems resulting in the closing of his restaurant not too long after it had opened, and the crowd dutifully trudged back to Ada’s, and the incessant grumbling about the inadequacies of the service and the lack of extras being offered. This resulted in some of the patrons, most notably Bob Jennings and David Rutherford, bringing plastic bags of cereal for their own use. Your author kept a container of sugar and cinnamon mixed together for his toast. David Rutherford also brought and peddled eggs at the Roundtable.

Charlie Galbreath had the annoying facility of coming to the table and presenting a series of facts involving some alleged dispute, and seeking the consensus of opinion on how to resolve the problem. After getting the studied opinion of the group, Charlie would then say, “Well, what if you changed so-and-so,” which would render the hypothetical completely different. It was a testament to his good nature that he did this repeatedly, and the lawyers at the table would always attempt to render him the best of their advice to solve his legal conundrums which were probably just concocted in Charlie’s mind for his own amusement and to get a rise out of the other lawyers at the table.

Religion was often a topic of conversation, and so much so that Rollie Woodall gave the table a large tan covered Bible to afford the means by which to resolve some of the discussions. It became the custom to have a little ceremony and ask those who were regulars to sign in the back cover of the Bible. Your author well remembers the day he had earned the estimable distinction of being enough of a regular that it was insisted he add his signature to the back cover. The Bible sat on a chair in the corner until the restaurant closed, and it was

thought that David Rutherford got it, but it has not been located among his effects.

It, like so much of the history of the good times experienced at the round table and its predecessors, is lost in the mists of time.

We hear much about the failure of collegiality among members of the Bar. This has been a topic going back over a century, judging by legal histories your author has read. There was never any lack of collegiality at the Roundtable, and apparently not at the Bullpen either. Both, from the report of Ms. Davis about the Bullpen, and from your author’s observations of the Roundtable, were always places of good cheer, fellowship, conviviality, funny stories, poignant comments on the day’s obituaries in the newspaper, and a source of practical application of the law to the facts of the case, and advice on solutions for thorny litigation. It would be interesting to know the combined years of legal experience at that table on any given day.

What is needed now is a viable replacement. The camaraderie that was institutionalized there is simply not the same as present day informal meetings of members of the bar, as they do not have the ongoing regularity of site and purpose.  Paul White is a member of the Nashville Bar Historical Committee. He wishes to express his deep gratitude to George H. Cate, Jr., Frank Grace, and David Young Parker for their editing assistance and content contributions to this story. Without their help, it would not have been as accurate on the names of the attendees over the years.

(Endnotes) 1 David C. Rutherford, Bench and Bar, II – 2003, Nashville, Tennessee 292-95 (The Nashville Bar Foundation 2003) 2 David C. Rutherford, Bench and Bar, II – 2003, Nashville, Tennessee 292 (The Nashville Bar Foundation 2003)

The entire article is photographically reproduced in David Rutherford’s book cited above, at pp. 293-95.

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What You Don’t Know About International Parental Child Abduction – But Should: Part I Continued from page 9

In her report to the United Nations Committee on the Rights of the Child, psychologist Dr. Nancy Faulkner also refers to parental abduction as child abuse, and adds that parental abduction causes long-term problems such as attachment disorders, stress and anxiety disorders, post-traumatic stress disorder, and parental alienation.20 The Office of Juvenile Justice and Delinquency Prevention further reports that parentally abducted children suffer from “uncontrollable” crying, nightmares, anger, resentment, guilt, fear, loss of bladder and/or bowel control, withdrawal, and an inability to trust others.21 So while an abductor’s goal may be to “triumph” over an ex-spouse, the children in these cases are severely and collaterally damaged. “The child merely becomes a stolen prize and part of a selfish punitive act.”22 Conclusion That parental abduction is a form of child abuse is echoed by Patricia Hoff of the American Bar Association Center on Children and the Law,23 and the loss endured by the victim parent is obvious.

Left-behind mothers and fathers suffer from profound trauma and ongoing grief “caused by the irreparable severance of the parent-child bond.”24 The tragedy of losing a child this way is made even worse by the staggering financial devastation caused by a protracted international legal battle – indeed, a battle without any guarantees that the child will actually be returned or that any visitation with the child will actually be granted.

What You Don’t Know About Parental Abduction – But Should: Part II (next month’s issue) explores the Hague Treaty on the Civil Aspects of International Child Abduction, as well as protective measures attorneys can implement to prevent this tragedy from happening to their clients.

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Nashville Bar Journal - May 2015

Dr. Amy Savoie is a licensed Tennessee attorney and a registered patent attorney with the USPTO. She holds a Ph.D. from Dartmouth and her pro bono and consulting practices are focused on parental child abduction and children's human rights issues.

11 Janet Johnston, Inger Sagatun-Edwards, Martha-Elin Blomquist & Linda K.Girdner, Early Identification of Risk Factors for Parental Abduction, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, Juvenile Justice Bulletin (Mar. 2001), https://www.ncjrs.gov/pdffiles1/ojjdp/185026.pdf.

12 Bill Eddy, LCSW, J.D., & Randi Kreger, Splitting: Protecting Yourself While Divorcing Someone with Borderline or Narcissistic Personality Disorder 249 (New Harbinger Publications, Inc. 2011).

13

(endnotes) 1 Woman charged with international kidnapping after United Airlines flight is forced to return to Dulles, ABC 7 News, Assoc. Press, Sept. 4, 2014, http://www. wjla.com/articles/2014/09/united-airlines-planereturns-to-dulles-airport-over-child-custody-investigation-106789.html; Mom Convicted of Attempted Parental Kidnapping from Dulles, NBC Washington, Mar. 6, 2015, http://abpworldgroup.com/2015/03/06/ mom-convicted-of-attempted-parental-kidnappingfrom-dulles/.

Nurettin Kurt, Mother prevents father from kidnapping child on plane to Denmark Hürriyet Daily News , Nov. 23, 2014, available at http://www.hurriyetdailynews.com/.

2

Activists for Change, Bring Mochi Home, https:// bringmochihome.wordpress.com/testifying/.

3

4

Author interview.

Colin P.A. Jones, In the Best Interests of the Court: What American Lawyers Need to Know About Child Custody and Visitation in Japan. 8 Asian-Pacific L. & Pol’y J. 167-269 (Spring 2007).

5

Ericka A. Schnitzer-Reese. International Child Abduction to non-Hague Convention Countries: The need for an International Family Court. 2 Nw. J. Int’l Hum. Rights (Spring 2004), available at http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?articl e=1010&context=njihr.

6

7 Joseph R. Hillebrand, Parental Kidnapping and the Tort of Custodial Interference: Not in a Child’s Best Interests.

25 Ind. L. Rev. 893-917, 897 n.31 (Executive Director of Children’s Rights of Florida, Kathy Rosenthal, describes the profile of a parental kidnapper during 1983 hearing, Parental Kidnapping: Hearing Before the Subcomm. On Juvenile Justice of the Sen. Comm. on the Judiciary, 98th Cong., 1st Sess. 166 (1983)).

John Daignault, Psy.D. Psychological Effects of International Child Abduction. Boston Bar Association, Family Law Section Newsletter (Winter 2012), available at http://www.bostonbar.org/sections/family-law/newsarchive/2012/02/06/psychological-effects-of-international-child-abduction.

8

Patricia M. Hoff, Parental Kidnapping: Prevention and Remedies, American Bar Association, https:// globaljusticeinitiative.files.wordpress.com/2010/03/ hoff-aba-pk-prevention-and-remedies-2000.pdf; See also J.R. Johnston & L.K. Girdner, Early identification of parents at risk for custody violations and prevention of child abductions. 36 Fam. & Conciliation Cts. Rev. 392-409 (1998).

Id. at 248

National Criminal Justice Service, Family Abductors: Descriptive Profiles and Preventive Interventions.

Juvenile Justice Bulletin (Jan. 2001), https://www.ncjrs. gov/html/ojjdp/jjbul2001_1_2/page3.html.

14

15

Eddy, supra note 12, at 248.

16

See Family Abductors, supra note 14.

See, e.g., Dewalt v. Texas, No. 03-06-00454-CR. (Texas Ct. App., Jan. 22, 2010); B.M.M. v. P.R.M., No. M2002-02242-COA-R3-CV, 2004 WL 1853418, at *19 (Tenn. Ct. App. Aug. 18, 2004); Innes v. Lesnevich, No. A-0387-11TI (N.J. Super, Apr. 7, 2014); Sean Goldman recounts terror of five year international custody battle after mother abducted him to Brazil, Daily Mail Reporter. Apr. 25, 2012, http://dailymail. co.uk/news/article-2134968/Sean-Goldman-recountsterror-international-custody-battle-mother-abductedBrazil.html. See generally Scott Berne, Extraordinary Circumstances (iUniverse, Inc. 2008).

17

18 Dorothy Huntington, Ph.D. Parental Kidnapping: A New Form of Child Abuse, http://takeroot.org/ee/ pdf_files/library/Huntington_1982.pdf.

19 Deirdre C. Rand, The Spectrum of the Parental Alienation Syndrome, 15 Am. J. Forensic Psych. 23-52 (1997).

20 Nancy Faulkner, Ph.D. Parental Child Abduction is Child Abuse, Presentation to the United Nations Convention on Child Rights in Special Session, June 9, 1999.

21 Janet Chiacone, Parental Abduction: A Review of the Literature, Office of Juvenile Justice and Delinquency Prevention, https://www.ncjrs.gov/html/ojjdp/190074/ (refer to section titled “Psychological Impact of Abduction” at https://www.ncjrs.gov/html/ojjdp/190074/ page6.html).

22 Brida Smith, LCSW. A Therapist Writes About Her Work With an Adult Parentally Abducted Child, The Kids Link, http://www.thekidslink.org/a-therapistwrites-about-her-work-with-an-adult-parentallyabducted-child.

23

Hoff, supra note 9.

9

10 National Center for Missing and Exploited Children, Family Abduction: Prevention and Response, http://www.missingkids.com/en_US/publications/ NC75.pdf.

Innes v. Lesnevich, No. A-0387-11TI (N.J. Super, Apr. 7, 2014).

24

A Brief History of Sports Gambling and Related Laws in the United States Continued from page 15

Advocates argue repealing the current statutes and drafting modern legislation is necessary, as current statutes fail to prohibit online gambling.63 States could also earn tax revenue if they legalized it.64 Advocates further argue it would create greater consumer protection and transparency.65 Like horse racing, they argue, legalizing and regulating sports gambling could make sports more popular.66 Advocates further compare this prohibition to The Prohibition from 19201933, that prohibiting gambling may encourage more to violate the law.67 Opponents argue legalization will impact the games’ integrity.68 Advocates counter arguing that if gambling is regulated and more transparent, it will be easier to tell if players or managers are throwing or attempting to throw a game.69 Opponents further argue sports gambling is wrong and immoral, addictive, will destroy the game, and will cause corruption.70 Studies show more than half of the U.S. supports legalizing sports betting.71 Whether or not it should be legalized, modern federal legislation is needed as current laws are failin to curb sports gambling, especially over the Internet.  Shellie Handelsman is an associate attorney at the Law Office of John Cobb Rochford, PLLC, where she primarily handles matters involving civil litigation, contract drafting, and real estate law. She is a member of the Nashville Bar Association’s Entertainment, Sports & Media Committee. The author gives special thanks to Tyler Feldman, Penn State Sports Broadcaster, for his invaluable assistance and expertise on the subject matter.

(Endnotes) 1 Oxford Economics, Economic Impact of the US Gaming Industry Study (Sept. 2014), available at http:// www.multivu.com/players/English/7338051-american-gaming-association-releases-oxford-economicsgaming-industry-impact-study/links/7338051-Economic-Impact-of-US-Gaming-Industry.pdf.

2 Id. 3 Chris Moyer, Across 40 States, Gaming Generates $38 Billion in State, Federal & Local & Gaming Taxes for Vital Public Services, American Gaming Association (Apr. 15, 2015), http://www.americangaming.org/newsroom/ press-releases/across-40-states-gaming-generates-38billion-in-state-federal-and-local-and.

See Todd Fuhrman, Legalize Sports Gambling, Fox News (Feb. 2, 2015), http://www.foxsports.com/ college-football/outkick-the-coverage/legalize-sportsgambling-020215.

5 Id. 6 Evan Andrews, The Black Sox Baseball Scandal, 95 Years Ago, History.com (Oct. 9, 2014), http://www. history.com/news/the-black-sox-baseball-scandal-95years-ago; see also Douglas Linder, The Black Sox Trial: An Account, Black Sox Account (2010), available at http://law2.umkc.edu/faculty/projects/ftrials/blacksox/ blacksoxaccount.html.

7 Linder, supra note 6.

8 Andrews, supra note 6.

9 Id. 10 Linder, supra note 6.

11 Andrews, supra note 6.

12 Eric Meer, Note, The Professional & Amateur Sports Protection Act (PASPA): A Bad Bet for the States, 2 UNLV Gaming L. J. 281, 284 (2011), available at http://scholars.law.unlv.edu/glj/vol2/iss2/7.

13 18 U.S.C. § 1084(a).

14 Id. 15 18 U.S.C. § 1084(b).

16 In re MasterCard Int’l Inc., 313 F.3d 257 (5th Cir. 2002).

17 18 U.S.C. § 1953(a).

18 Id. 19 18 U.S.C. § 1953(b).

20 18 U.S.C. § 1955(a).

21 Id. 22 Tom Jackman, Fairfax’s John Dowd, investigated Pete Rose in 1989, responds to Sports Illustrated push for Rose, The Wash. Post, Mar. 10, 2014, available at http://www.washingtonpost.com/blogs/local/ wp/2014/03/10/fairfaxs-john-dowd-investigated-peterose-in-1989-responds-to-sports-illustrated-pushfor-rose.

23 Id. 24 Bob Carter, Hustle made Rose respected, infamous, ESPN SportsCentury, https://espn.go.com/sportscentury/features/00016443.html; see also John Fay, Rose to manage? That’s news to Reds, The Cincinnati Enquirer, Dec. 13, 2002, available at http://reds. enquirer.com/2002/12/13/wwwred1a13.html.

25 Rick Weinberg, Pete Rose banned from baseball, ESPN http://sports.espn.go.com/espn/espn25/ story?page=moments/5.

26 Murray Chass, Board Says Rose is Ineligible for Hall of Fame, N.Y. Times, Feb. 5, 1991), available at http:// www.nytimes.com/1991/02/05/sports/board-saysrose-is-ineligible-for-hall-of-fame.html.

27 Jay Jaffe, Rose’s chances at reinstatement or Hall of Fame look very slim, Sports Illustrated (Mar. 17, 2015), http://www.si.com/mlb/2015/03/17/pete-rosereinstatement-hall-of-fame-rob-manfred.

28 Id. 29 Id. 30 Howard Wilkinson, Review: My Prison Without Bars, The Cincinnati Enquirer, Jan. 8, 2004, available at http://reds.enquirer.com/2004/01/08/rosereview. html.

31 Mike Cole, Pete Rose Formally Requested Reinstatement, According to New Commissioner, NESN (Mar. 16, 2015), available at http://nesn.com/2015/03/peterose-formally-requested-reinstatement-according-tonew-commissioner/.

32 28 U.S.C. § 3702.

33 28 U.S.C. § 3703.

34 See 28 U.S.C. § 3704; see also National Collegiate Athletic Association v. Christopher J. Christie, 926 F. Supp. 2d 551, 556 (D.N.J. 2013).

35 See 28 U.S.C. § 3704; Meer, supra note 12, at 287.

36 31 U.S.C. § 5361.

37 31 U.S.C. § 5363.

4

31 U.S.C. § 5361(b).

31 U.S.C. § 5362(1)(E)(vii) & (ix).

40 Marc Edelman, Are NCAA Tournament Bracket Pools Legal, Forbes (Mar. 21, 2013), http://www.forbes. com/sites/marcedelman/2013/03/21/are-online-ncaatournament-pools-illegal/; see also Marc Edelman, Is Your Pay-To-Enter NCAA Tournament Pool Legal?, Forbes (Mar. 15, 2015), http://www.forbes.com/sites/ marcedelman/2015/03/15/is-your-pay-to-enter-ncaatournament-pool-legal/.

41 Edelman (Mar. 21, 2013), supra note 40.

42 Id.; see also Edelman (Mar. 15, 2015), supra note 40.

43 Edelman (Mar. 21, 2013) & Edelman (Mar. 15, 2015), supra note 40.

44 Marc Edelman, Navigating the Legal Risks of Daily Fantasy Sports: A Detailed Primer in Federal & State Gambling Law, __ Univ. of Ill. L. Rev. 17 (forthcoming 2016), currently available at http://papers.ssrn.com/ sol3/papers.cfm?abstract_id=2587362.

45 Id. 46 Marc Edelman, A Short Treatise on Fantasy Sports & the Law: How America Regulates its New National Pastime, 3 Harvard J. Sports & Ent. L. 29 (2012).

47 Id. 48 Id. at 29-30.

49 Id. at 31.

50 Id. at 31-32.

51 Id. at 32.

52 Edelman (2016), supra note 44.

53 Id. at 17-18.

54 See FanDuel, The Daily Fantasy Sports Industry, https://www.fanduel.com/legal; see also DraftKings, Terms of Use (last updated Aug. 12, 2014), https:// www.draftkings.com/help/terms.

55 Id. 56 Adam Silver, Legalize & Regulate Sports Betting, N.Y. Times (Nov. 13, 2014), available at http://www. nytimes.com/2014/11/14/opinion/nba-commissioneradam-silver-legalize-sports-betting.html?_r=0; see also Kyle Thele, MLB joins NBA in openness to sports gambling, Sun Times (Mar. 6, 2015), available at http://national.suntimes.com/national-sports/ mlb/7/72/752254/mlb-gambling/.

57 Brent Johnson, Christie signs law allowing sports betting in N.J., NJ.com (Oct. 17, 2014), http://www. nj.com/politics/index.ssf/2014/10/chris_christie_signs_ law_allowing_for_sports_betting_in_nj.html.

58 David Purdum, New Jersey, leagues Return to Court, ESPN (Mar. 17, 2015), http://espn.go.com/chalk/story/_/id/12503855/new-jersey-leagues-back-federalcourt-gambling-appeal?src=mobile.

59 Id.; see also Assoc. Press, UPDATE: New Jersey, leagues renew court tussle over sports gambling, Telegraph Herald (Mar. 17, 2015), available at http://www. thonline.com/biztimes/articles/article_65b1b44ecca6-11e4-9b25-2b5abc891a50.html.

60 Purdum, supra note 58.

61 Marcus DiNitto, Pro sports leagues ‘planning for new gambling reality’, The Linemakers–Sporting News (Feb. 3, 2015), http://linemakers.sportingnews.com/ article/4634608-adam-silver-sports-betting-nfl-stancejohn-mccain-legislation-gambling-laws.

62 Id. 63 See Fuhrman, supra note 4.

64 Id. 65 Id. 66 Zak Lutz, Should Sports Gambling Be Legal?, Harvard University Institute of Politics, http://www.iop.harvard.edu/should-sports-gambling-be-legal.

67 Fuhrman, supra note 4.

68 Id. 69 Lutz, supra note 66.

70 See, e.g., Rick Reilly, The Madness of March, ESPN (Mar. 23, 2013), http://espn.go.com/espn/story/_/ id/9080768/true-madness-march.

71 Lutz, supra note 66.

38 39

Nashville Bar Journal - May 2015

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The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. Members will be listed monthly in the Nashville Bar Journal and will appear in our annual directory.

Contact Vicki Shoulders at 615-242-9272 or vicki.shoulders@nashvillebar.org if you have any questions. Thank you for supporting your local bar association!

Bradley Arant Boult Cummings LLP (109) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (99) Butler Snow LLP (61) Bone McAllester Norton PLLC (39) Neal & Harwell, PLC (33) Sherrard & Roe, PLC (32) Adams and Reese LLP (31) Lewis, Thomason, King, Krieg & Waldrop , P.C. (29) Stites & Harbison, PLLC (29) Gullett, Sanford, Robinson & Martin, PLLC (28) Dickinson Wright PLLC (28) Burr & Forman LLP (23) Ortale, Kelley, Herbert & Crawford (23) Riley Warnock & Jacobson, PLC (20) Frost Brown Todd LLC (20) Leitner, Williams, Dooley & Napolitan, PLLC (18) Cornelius & Collins, LLP (16) Nelson Mullins Riley & Scarborough (16) Patterson Intellectual Property Law, PC (16) Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (15) Branstetter, Stranch & Jennings, PLLC (13) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (13) Hall Booth Smith, P.C. (12) Legal Aid Society of Middle Tennessee and the Cumberlands (12) Smith Cashion & Orr, PLC (12) Spicer Rudstrom, PLLC (11) Parker, Lawrence, Cantrell & Smith (11) Hughes & Coleman (11) Watkins & McNeilly, PLLC (10) Morgan, Akins & Clark, PLLC (10) Dodson Parker Behm & Capparella, P.C. (9) Dollar General Corporation (9) Littler Mendelson, P.C. (9) White & Reasor, PLC (9) Corrections Corporation of America (8) Lassiter, Tidwell & Davis, PLLC (8) Schulman, LeRoy & Bennett, P.C. (8) Jones Hawkins & Farmer, PLC (8) Kay, Griffin, Enkema & Colbert, PLLC (8) Levine, Orr & Geracioti, PLLC (7) Buffaloe & Associates, PLC (7) Taylor, Pigue, Marchetti & Blair PLLC (7) Howard Mobley Hayes & Gontarek, PLLC (6) Evans, Jones & Reynolds, P.C. (6) Hollins, Raybin & Weissman, P.C. (6) Keller, Turner, Ruth, Andrews, Ghanem & Heller, PLLC (6) Leader, Bulso & Nolan, PLC (6) Reno & Cavanaugh PLLC (6)

20

Nashville Bar Journal - May 2015

Law Offices of John Day, P.C. (6) Martin Heller Potempa & Sheppard, PLLC (6) Wiseman Ashworth Law Group, PLC (6) Rogers, Kamm & Shea (6) Kinnard, Clayton & Beveridge (5) Loeb & Loeb, LLP (5) Shackelford, Zumwalt & Hayes, LLP (5) Trauger & Tuke (5) Cheatham, Palermo & Garrett (5) Direct General Corporation (5) Farris Bobango, PLC (5) Haynes, Freeman & Bracey, PLC (5) American General Life Insurance Company (4) Dobbins, Venick, Kuhn & Byassee, PLLC (4) Hale & Hale, PLC (4) Holton & Mayberry, P.C. (4) Prochaska Quinn & Ferraro, P.C. (4) Robinson, Reagan & Young, PLLC (4) Rothschild & Ausbrooks, PLLC (4) Rutherford & DeMarco (4) Tennessee Justice Center (4) Weatherly, McNally & Dixon, PLC (4) Barry Gammons, Attorney at Law (4) Law Offices of Julie Bhattacharya Peak (4) Southern Environmental Law Center (3) Anderson & Reynolds, PLC (3) Cameron Worley, P.C. (3) Cheadle Law (3) Fisher Matthews PLLC (3) Goodman Callahan Blackstone, PLLC (3) Grissim & Hodges (3) Ingram Content Group Inc. (3) Larry R. Williams, PLLC (3) Lieff, Cabraser, Heimann & Bernstein (3) Luna Law Group, PLLC (3) Mudter & Patterson (3) Nashville Electric Service (3) Sarah Cannon Research Institute (3) Shackelford, Bowen, Zumwalt & Hayes, LLP (3) Smythe & Huff (3) Southland Title & Escrow Co., Inc. (3) Cole Law Group (3) Glasgow & Veazey (3) McCarter & Beauchamp, PLLC (3) MTR Family Law, PLLC (3) Video Gaming Technologies, Inc. (3) Hall & Sitler (3) Marlowe Law Offices, PLLC (3) Puryear Law Group (3)

Nashville Bar Journal - May 2015

21

Disclosure Noah Muhammad, PhD has been appointed as the New President of Nation One Family Services, Inc. He will oversee all legal aspects of the paralegals, budgeting, and overall growth of Nation One. Heather Hubbard has launched The Language of Joy (www.thelanguageofjoy. com) to help ambitious professionals find more purpose, passion and balance in their lives. In addition to individual coaching, Heather teaches group classes, online courses and corporate workshops.

Heather was previously a partner and practice group leader at Waller Lansden.

John Wilks joins Martin Heller Potempa & Sheppard, PLLC. Before joining the firm, John practiced family law with Weatherly, McNally & Dixon, PLC in Nashville. While in law school, he served as a Judicial Law Clerk for the Honorable Philip E. Smith of the 4th Circuit Court for Davidson County, Tennessee. During the summers of undergraduate school, Wilks worked in the law office of his late father, Larry D. Wilks, Past President of the Tennessee Bar Association.

Wilks’s practice at MHPS is primarily devoted to family and estate litigation.

Anthony C. Bills has joined Wiseman Ashworth Law Group, PLC, as an associate.

His professional experience includes all phases of litigation and practice including personal injury, products liability, nursing home litigation, health care law, mental health law, premises liability and fidelity and surety law. He is a magna cum laude graduate of the University of Tennessee College of Law (2010), with a concentration in Advocacy and Dispute Resolution. He earned a B.S. in communication at the University of Tennessee in 2007. He is a member of the Nashville Bar Association, the Tennessee Bar Association, and the American Bar Association.

22

Nashville Bar Journal - May 2015

\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 Michael S. Goode has joined Stites & Harbison as Counsel to the firm and a member of the Business & Finance and the Trusts & Estate Planning Service Groups. Goode received his LL.M. in Taxation from New York University School of Law and his J.D. from William and Mary School of Law. Prior to joining Stites & Harbison, Goode was a Partner at a boutique trusts & estate planning law firm located in the Atlanta area.

Adam Dietrich has joined Frost Brown Todd as an associate in the Business Litigation practice group. Dietrich represents plaintiffs and defendants in general business and commercial litigation matters, such as breach of contract, tortious interference, misappropriation of trade secrets and creditordebtor claims. His practice includes defending clients in insurance coverage disputes and bad faith claims. Dietrich, a Nashville native, earned his J.D. from the University of Tennessee, where he served as editor of the Tennessee Law Review and the Tennessee Journal of Business Law. He also received a B.S.B.A. in finance and political science from UT.

Kathryn Hays Sasser has been appointed as vice president, litigation for Lifepoint. As vice president, litigation, Sasser will join the Legal & Information Governance Department and lead the litigation and investigatory functions of the department.

Sasser is a native of Louisiana and earned her undergraduate and legal degrees from Louisiana State University. Prior to entering private practice, she served as a Law Clerk to The Honorable Henry A. Politz, chief judge of the United States Court of Appeals for the Fifth Circuit.

n

William H. Tate will be serving as the 2015 President of the Tennessee Association of Construction Counsel. The Tennessee Association of Construction Counsel was founded in 2003 and has grown to an organization of 140 lawyers across the state who are dedicated to the construction industry in Tennessee. The non-profit organization provides a forum for sharing of ideas, education and mentoring of younger members in a variety of complex practice areas relating to construction. Tate is with the law firm of Howard Tate Sowell Wilson Leathers & Johnson, PLLC and has practiced law in Nashville for 35 years.

Stephen H. Price has been named as Burr & Forman’s Nashville office managing partner. Price, a partner in the Labor & Employment practice, will oversee the continued expansion in the firm’s Nashville office, which has more than doubled in the first quarter this year. He will also lead the financial and operational functions of the 25-attorney office Price serves in the firm’s Labor and Employment and Commercial Litigation practice groups, counseling employers in all aspects of employee relations, including planning reductions in force, advising on employee terminations, preparing employee policies, drafting employment non-compete and confidentiality agreements, litigating non-compete and trade secret disputes, and defending against employment discrimination claims. Price earned his undergraduate degree from Vanderbilt University, and his law degree from the University of Virginia School of Law.

Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

Former Tennessee Attorney General Robert E. Cooper, Jr. has joined Bass, Berry & Sims PLC as a partner in the firm’s interdisciplinary Compliance & Government Investigations Practice Group to represent clients nationwide on matters related to healthcare fraud and abuse, including Medicaid fraud, state false claims acts, and nonprofit regulation.

Prior to his career as a public servant, Cooper was a partner at Bass, Berry & Sims, which he joined in 1984, and practiced

in the areas of business and regulatory litigation and constitutional law until he joined Governor Bredesen in 2003. Cooper earned his law degree from Yale Law School and his undergraduate degree from Princeton University. He began his legal career as a law clerk for U.S. District Judge Louis F. Oberdorfer in Washington, D.C.

Welcome New NBA Members!

John Bishop

Leigh Buie Video Gaming Technologies, Inc.* William Choppin King & Ballow Matthew Eddy Dana Henderson Experian Health Keven Kuhns

2015 NBA Premier Members: Elizabeth A. Alexander Gail Vaughn Ashworth Joe P. Binkley Jr. Jonathan Bobbitt Charles Robert Bone Charles W. Bone Leilani Boulware Jay S. Bowen C. Dewey Branstetter Jr. Joe B. Brown Kenneth Sherman Byrd Kathryn Caudle Mark P. Chalos William T. Cheek III John Ray Clemmons Michael Clemons Dixie W. Cooper Patricia J. Cottrell Virginia Chase Crocker John A. Day Joy Day John Franklin Floyd Grant C. Glassford Charles K. Grant John J. Griffin Jr. William L. Harbison Marian F. Harrison Aubrey B. Harwell Jr. Trey Harwell G. Miller Hogan II Paul T. Housch Margaret M. Huff Michael F. Jameson R. Jan Jennings Jordan S. Keller John D. Kitch William C. Koch Jr.

Irwin J. Kuhn Edward Dodson Lanquist Jr. Thomas W. Lawless Claudia Vettel Levy Randal S. Mashburn Carol L. McCoy Robert G. McDowell Jeffrey Mobley Marlene Eskind Moses Patricia Head Moskal Michael I. Mossman Dean Newton Mattison C. Painter Gregory J. Pease Tracy A. Powell David L. Raybin Jonathan E. Richardson Edgar M. Rothschild III Maria M. Salas Carolyn W. Schott Thomas J. Sherrard III Emily A. Shouse Saul A. Solomon John T. Spragens Michael G. Stewart James Gerard Stranch IV James G. Stranch III Hon. Aleta Arthur Trauger Irwin Bruce Venick Howard H. Vogel Michael J. Wall James L. Weatherly Jr. Peter Weiss 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.

Patricia Kussmann Tennessee Department of Revenue* Sarah Robbins Office of the Attorney General Roger Teuber Suzanne Wheeler Law Office of Suzanne Wheeler * 100% Club

Dial-A-Lawyer is held the first Tuesday of each month. The public is invited to call in with basic legal questions.

April Volunteers:

David Bullock Helen Cornell Chris Hugan Michael Smith 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 - May 2015

23

Classifieds

office space

Office Space Brentwood Office Space Available: Window office space available in Brentwood, TN (Maryland Farms). Association of general practice attorneys.

Convenient to Williamson and Davidson County Courthouses and I-65. Use of spacious conference rooms, kitchen, wi-fi, copier, free parking, small storage all included. Call (615) 376-9800.

Germantown Single office space available for attorney in Germantown neighborhood just north of downtown Nashville. Close to the courts and downtown law firms but without downtown parking fees. Building constructed in 2011.

Conference room down the hall and your own parking space in our lot behind the building. (615) 800-8919.

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.

Office sharing Office sharing opportunity for attorney with small group of attorneys located at 305 14th Avenue North in Nashville. Convenient to courthouses with free on-site parking. Includes private office, reception area, conference room, library, kitchen, phone/ internet service and administrative support staff.

Contact julie.mogan@305lawoffice.com

For Sale or Lease Historic Office Bldg. For Sale or Lease: .8 Acres, corner lot with traffic light. 3400 sq. ft.

12 minutes from Courthouse, ample parking and ample on-site storage. Quick access to Opryland, Airport, hospital, and all interstates. 1215 Gallatin Rd. S. Contact Steve North, 615-860-7644; stevenorth@comcast.net

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THOMAS F. BLOOM, J.D. (Emory 1977) (615) 260-5952; www.bloomappeals.com Retained by attorneys throughout the State for 29 years to draft briefs and/or argue cases in over 400 appeals, State and Federal. Research assistance also available.

Quality Guaranteed at reasonable cost. References available upon request.

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Thomson Reuters ............ Inside Front Cover YLD Art Immersion ........ Inside Front Cover IPSCO ............................. Inside Back Cover National Academy of Distinguished Neutrals .................................................................. 11 First Tennessee Bank ................................. 21 NBA Career Center .................................. 24

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Elder Law Practice of Timothy L. Takacs .................................................... Back Cover

Thomas F. Bloom, JD ............................... 24

Germantown Office space for rent. Family association of attorneys in general practice. Restored historic house near Bicentennial Mall and the new Sounds stadium in Sulphur Dell. Large office available, and virtual office offered. Shared conference room, kitchen with free onsite parking. Call 615256-6681, ext 3

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Should You Join the NBA LRIS? LRIS Markets & Advertises Your Services When you join the NBA LRIS,

your practice benefits from the LRIS’ marketing and advertising programs. Currently, LRIS reaches potential clients through advertising in the Yellow Pages in various telephone directories throughout the state. Clients are referred to us through a variety of sources including the courts, Office of the Attorney General, employee assistance programs, other Bar Associations and the Social Security Administration. Also, our on-line presence attracts clients nationwide.

JOIN NOW Contact: Wendy Cozby, LRIS Coordinator (615) 242-9272 | wendy.cozby@nashvillebar.org The NBA Lawyer Referral & Information Service is the Exclusive Referral Service for the Nashville Bar Association.

Advertising: Contact Tina Ashford at (615) 242-9272 or tina.ashford@nashvillebar.org Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word.

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

Display Advertising: Full and Half Page color and black & white advertisements. Quarter and Eighth Page black & white advertisements. Please contact Tina Ashford for a display advertising quote.

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Elder Law Practice of Timothy L. Takacs

Aging is inevitable The nursing home crisis is optional.

All it takes is a Life Care Plan.

A Life Care Plan helps protect family assets, get the best possible care and create a plan of action for the future.

Our skilled, experienced and compassionate professionals will empower your clients to protect elderly loved ones’ financial rights, legal rights, eligibility for public benefits, quality of life and more —now and in the future.

Help your clients avoid the crisis. Refer them to Elder Law Practice of Timothy L. Takacs. For two decades, improving quality of life for elders and the families who love and care for them has been our primary focus.

We can help your clients, too.

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

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