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
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DUIs Deemed ‘Unprofessional Conduct’ for Tennessee Doctors
The Tennessee Court of Appeals has reasoned that the conviction for a DUI may constitute “unprofessional conduct” and result in sanctions for a physician by the Tennessee Board of Medical Examiners. A Tennessee doctor pled guilty to a DUI in Arkansas and was subsequently placed on probation by the board. In Kleier v. Tennessee Bd.
Read on »Property Use Restrictions ‘Run with the Land,’ can Outlive Active HOAs
If you own a home in a newer subdivision, you are likely a party to a binding contract whether you know it or not. In addition to applicable zoning ordinances and subdivision regulations, most subdivision developments provide for limitations or prohibitions on property uses and establish other requirements and limitations on buildings, fences and other
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
Read on »DIY Corporation, LLC Formation Online through Tennessee Secretary of State
The Tennessee Secretary of State has made it easier to form a corporation or limited liability company (LLC) online. While companies like LegalZoom have promoted online incorporation services in the past, you now have the option to truly “do it yourself.” The decision as to what type of business entity to create is an important
Read on »All About Alimony
Spousal support or “alimony” has been part of divorce law for centuries (yes, centuries). Separate and apart from child support—which is calculated based on certain fixed factors such as number of children, incomes, and parenting responsibilities—alimony may take into account an even wider range of issues, and trial judges are given wide discretion in determining
Read on »Plea Bargaining: The Most Common Way to Resolve a Criminal Case
If you spend a lot of time watching television, you’re probably under the impression that most criminal cases go to trial, allowing the accused to be tried by a jury of his or her peers. Surprisingly, this is a much more rare occurrence in the “real-life” legal system. The reality is that almost all criminal cases are plea
Read on »Throwing Punches on the Playground can Mean More than a Visit to the Principal’s Office
Most would agree that schoolyard fights are never the best way for students to solve their issues with one another; but what many people may not know is that the consequences of these fights can be much larger and more damaging than a black eye. School fights and other incidents involving physical contact with other
Read on »Historic Election for Marriage, Marijuana laws
While most of the attention of this week’s election focused on the Presidential race, the legalization of marijuana in Colorado and Washington state and the approval of same-sex marriage in Maine and Maryland will have a more profound and longer term effect on state and Federal laws—and probably on everyday life, as well. Marijuana is classified as an illegal drug
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