The Metropolitan Council Agenda Item Analysis provides an excellent overview of the Nashville Sounds stadium deal—approved Tuesday—including a breakdown of the financing and risk. The summary estimates an annual Metro General Fund commitment of $345,000 but that figure is heavily dependent upon the future of private development proposed by the Sounds (not the Sulphur Dell
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Judicial Diversion Allows Some First-time Criminals a Second Chance at a Clean Record
Former federal supervisory probation officer Dewayne Kelley accepted judicial diversion last week after being charged with criminally negligent homicide. In February Kelley crashed his car into the Tomato Head restaurant in Knoxville, killing a 58-year-old woman. Kelley was not under the influence of drugs or alcohol, but prosecutors considered his behavior “criminally negligent” because he
Read on »Buzz Builds around Prospective Skyscrapers in Downtown Nashville
Nashville Skyline: “Critics contend high-rises tend to be very monolithic, with their bland designs and sheer height antithetical to the ‘pedestrian vibe’ that a true urbanite would prefer.” A good article from the Nashville Post following up on Tony Giarrantana’s latest skyscraper proposal for downtown Nashville. However, the issue of whether more and/or taller buildings should
Read on »Widow has No Rights to Husband’s Wrongful Death Settlement
Prenuptial and postnuptial agreements are common for couples that have been previously married, particularly if either or both have children from their prior relationships. Some agreements are intended to protect specific assets from the claims of the other party in the event of a divorce and/or death. Other agreements are broader and provide that each
Read on »Discrimination and Retaliation: Court Examines ‘Whistleblower’ Provision of Civil Rights Act
Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees on the basis of race, color, religion, sex or national origin. The Civil Rights Act also contains a “whistleblower” provision which prohibits employers from retaliation against employees who complain of Title VII violations. The United States Supreme Court recently agreed to hear a case involving the
Read on »How Gun Crimes and Misdemeanors Affect Second Amendment Rights
The Second Amendment to the United States Constitution protects the ‘right of the people to keep and bear arms‘ and many states, including Tennessee, have similar provisions is their constitutions. However, an individual’s right to possess and/or carry a firearm is not absolute and is subject to limitations where there is a sufficient governmental
Read on »Reciprocal Wills a Commonly Sought Option for Couples
Many clients who “just want a simple will” are looking for reciprocal wills: They want to provide for their spouse when they die and take care of their minor children if both parents are deceased. Reciprocal wills are separate wills that are mirror images of each other. Generally they provide that if one spouse dies, then
Read on »Warrantless Blood Tests for Suspected Drunk Drivers Sometimes ‘Reasonable Search’
The Fourth Amendment to the United States Constitution and Article I, Section VII of the Tennessee Constitution prohibit unreasonable searches and seizures. What is a reasonable search? A search or arrest without a warrant based upon probable cause is unreasonable unless . . . an exception to this rule applies. There are many types of
Read on »Changing the Constitutuion: Easier Said (or Sung) than Done
“You say you’ll change the constitution, well you know, we all want to change your head.” —The Beatles, “Revolution 1” (Lennon/McCartney) Constitutional amendments don’t come easy, and that is the way it was intended. The first ten amendments, or the Bill of Rights, were enacted in December 1791, less than 3 years after the Constitution
Read on »Internet Defamation: When Digital Dissing Becomes a Legal Issue
Internet reviews on sites such as Yelp! or Urbanspoon, blog posts, Tweets, etc. are a great source of information for consumers. However, if you’ve had a bad experience with a company (or and individual, for that matter), avoid taking your frustration to the Internet by publishing false information or accusatory allegations. Internet defamation can expose
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