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Editorial Results (free)

1. On Faulkner and the Use of Punctuation -

Regarding the recent Faulkner column, Tracy writes that she got “a solid feel for the place and the time of year. Thank you for not honoring your subject by writing paragraph-long sentences with intricate layers of subordination.”

2. Tomasik Gets Libertarian Heading on Ballot -

Attorneys for the state of Tennessee had argued in a Nashville federal court that third-party candidates in Tennessee should be able to be listed under a heading including the names of their parties. And they lost in their defense of a state law permitting the listing.

3. Nashville Court Rules Tomasik Goes on Memphis Ballot As Libertarian -

A Nashville Federal Judge ordered Thursday, Oct. 31, that Jim Tomasik be listed in the special general election for Tennessee House District 91 under a Libertarian Party heading.

The ruling from U.S. District Judge William J. Haynes Jr. came the day before the opening of the early voting period in the race for the Memphis district seat at Shelby County Election Commission offices at 157 Poplar Ave.

4. Nashville Court Rules Tomasik Goes on Memphis Ballot As Libertarian -

A Nashville Federal Judge ordered Thursday, Oct. 31, that Jim Tomasik be listed in the special general election for Tennessee House District 91 under a Libertarian Party heading.

The ruling from U.S. District Judge William J. Haynes Jr. came the day before the opening of the early voting period in the race for the Memphis district seat at Shelby County Election Commission offices at 157 Poplar Ave.

5. Nashville Court Rules Tomasik Goes on Memphis Ballot As Libertarian -

A Nashville Federal Judge ordered Thursday, Oct. 31, that Jim Tomasik be listed in the special general election for Tennessee House District 91 under a Libertarian Party heading.

The ruling from U.S. District Judge William J. Haynes Jr. came the day before the opening of the early voting period in the race for the Memphis district seat at Shelby County Election Commission offices at 157 Poplar Ave.

6. Nashville Court Rules Tomasik Goes on Memphis Ballot As Libertarian -

A Nashville Federal Judge ordered Thursday, Oct. 31, that Jim Tomasik be listed in the special general election for Tennessee House District 91 under a Libertarian Party heading.

The ruling from U.S. District Judge William J. Haynes Jr. came the day before the opening of the early voting period in the race for the Memphis district seat at Shelby County Election Commission offices at 157 Poplar Ave.

7. Henry Turley Co. Files Permits for South Junction -

727 E. Mann Circle; 726. E. Mann Circle; 725 W. Mann Circle; 35 W. Georgia Ave.; 649 Florida St.; 18 W. Carolina Ave.; 9 E. Carolina Ave.
Memphis, TN 38103
Permit Costs: $1.5 million; $1.5 million; $1.5 million; $1.5 million; $1.5 million; $1.5 million; $1.4 million

8. Social Media Renders Rapid Judgment on Debate -

WASHINGTON (AP) – Big Bird is endangered. Jim Lehrer lost control. And Mitt Romney crushed President Barack Obama.

Those were the judgments rendered across Twitter and Facebook Wednesday during the first debate of the 2012 presidential contest. While millions turned on their televisions to watch the 90-minute showdown, a smaller but highly engaged subset took to social networks to discuss and score the debate as it unspooled in real time.

9. Recovery Threatened by Runaway Student Loan Debt -

WASHINGTON (AP) – The federal student loan program seemed like a great idea back in 1965: Borrow to go to college now, pay it back later when you have a job.

But many borrowers these days are close to flunking out, tripped up by painful real-life lessons in math and economics.

10. Jefferson, Boyd in Council Crosshairs -

A resolution will come before the Memphis City Council Tuesday authorizing Memphis Mayor Pro Tem Myron Lowery to immediately remove City Attorney Elbert Jefferson from office.

11. Update: City Attorney Out Rest Of Week - Memphis Mayor Pro Tem Myron Lowery’s scheduled meeting with City Attorney Elbert Jefferson will have to wait until next week at the earliest.

Jefferson and Lowery had been scheduled to meet Tuesday, but the embattled city attorney called in sick. He also called in sick Wednesday and indicated he would be out for the rest of this week.

Jefferson’s fate appears to be in question after last week’s revelation that he authorized a more than $55,000 payment to the lawyer of former Mayor Willie Herenton shortly before Herenton retired at the end of July. At a press conference Tuesday afternoon, Lowery declined to say what he planned to talk about with Jefferson.

Jefferson’s future is also likely to be a hot topic at Tuesday’s City Council meeting.

Councilman Bill Morrison appears set to introduce a resolution authorizing Lowery to immediately remove Jefferson from office. The draft language of the resolution cites Jefferson’s “approval of a rushed payment of city funds” to Herenton’s attorney “in a private matter” and Jefferson’s failure to notify Lowery and Lowery’s chief administrative officer, Jack Sammons.

The resolution reads, in part:

“Whereas, recent revelations that the current city attorney and chief ethics officer Elbert Jefferson is being investigated by federal authorities about his approval of a rushed payment of $55,000 of city funds to an attorney hired to represent Willie W. Herenton in a private matter; his failure to notify the mayor pro tem and CAO that he had been questioned by the FBI about such actions; and his failure to notify his superiors, Mayor Pro Tem and CAO, that records involving the aforementioned payment were recently subpoenaed by the grand jury, cause great concern about the city attorney’s abilities and judgment.

“Now, therefore, be it resolved that the Memphis City Council urges Mayor Pro Tem Lowery to immediately remove Elbert Jefferson from the Office of City Attorney based on these questionable practices.”

In an interview with The Daily News Tuesday night, Herenton took issue with the description of the payment to Robert Spence as “rushed.”

The word "RUSH" is stamped on a check request Jefferson approved for Spence's payment. But Herenton said many of the contracts he left unsigned or requests unauthorized were rushed by various city division directors.

“In my 17 years, I bet you I've signed hundreds of rushed (requests). But in the newspaper it became 'Herenton's trying to get his legal fees paid,'” Herenton said.

Jefferson was the last of four city attorneys Herenton worked with in his more than 17 years as mayor. Herenton praised Jefferson’s work and said he has become a victim of “ruthless, reckless politics.”

“I have nothing but respect for Elbert,” Herenton said. “It is unfortunate that he finds himself caught up in the political arena, where Mayor Pro Tem Lowery is exercising some vindictiveness.”

Lowery told The Daily News Tuesday night that Jefferson’s recent questioning about the Spence payment by FBI agents backs up Lowery’s actions and comments.

Spence’s work involved representing the former mayor during an investigation whose subject appeared to wander over the past year.

It included Herenton's one-time option to buy the land where the Greyhound bus terminal now stands on Union Avenue. Some recent grand jury testimony focused on money paid to Herenton aide Pete Aviotti by business leaders for Herenton's annual Christmas party.

Spence told The Daily News earlier this week his client has not received a letter from prosecutors or any other type of notification that Herenton is the target of the investigation. Prosecutors sometimes make such a notification, but it is not required.

Jefferson, meanwhile, is not the only person who may be on the hot seat Tuesday before the City Council. Another resolution has been drafted that seeks to vacate Councilman Bill Boyd’s seat.

That resolution, sponsored by Councilman Joe Brown, reads:

“Whereas, it has been reported that council member William Boyd has attempted to intervene in a lawsuit challenging the authority of the mayor of Memphis and the city attorney to settle a lawsuit; and whereas the charter prohibits any council member interfering with the mayor’s administrative powers; and whereas the charter provides that any council member that interferes with the mayor’s administrative powers may be removed from office.

“Now, therefore, be it resolved that the position held by William Boyd, councilman, District 2, be declared vacant for violating the city charter or, alternatively, that the city take such court action necessary to have him removed from office.”
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Boyd has filed a motion to intervene in a bitter court fight involving a legal settlement between the city and former Memphis Light, Gas and Water Division chief Joseph Lee. In a motion to dismiss the complaint Boyd wants to be part of, Jefferson said the city was appropriately exercising its authority in settling the suit Lee filed.

Boyd disagrees and thinks the more than $426,000 paid to Lee should be recovered by the city.

“The plain language of the charter gives the mayor and city attorney exclusive power and authority to settle lawsuits if the city is a party to such suits,” Jefferson’s motion reads. “This power is not subject to approval of the Memphis City Council or the public.”

Without mentioning Boyd’s request to intervene in the case, Jefferson’s motion to dismiss also cites a section of the city charter that prohibits council members from interfering with the operation of the city’s administrative departments.

The charter goes on to stipulate that the office of any council member found to be in violation of that part of the charter could be vacated.

...

12. Apperson Crump’s Kosciolek Discusses Elder, Family Law -

Jeannie M. Kosciolek is an attorney at Apperson Crump & Maxwell PLC, where she practices in divorce and family law as well as general civil litigation and elder law.

Kosciolek was admitted to practice law in 2001 after receiving her juris doctorate from the University of Memphis Cecil C. Humphreys School of Law. She received her bachelor’s degree in English literature with minors in political science and Spanish from the University of Memphis, graduating with honors.

13. Geithner Seeks New Powers Over Financial Companies -

WASHINGTON (AP) - Treasury Secretary Timothy Geithner asked Congress on Tuesday for broad new powers to regulate nonbank financial companies like troubled insurer American International Group whose collapse could jeopardize the economy.

14. Events -

The Alliance for Nonprofit Excellence will present a workshop titled “Focus … Organization … Productivity” today from 8:30 a.m. to noon at the Alliance Office, 5100 Poplar Ave., Suite 502. Maryanne Macdonald, director of professional and continuing education at the University of Memphis, will lead the workshop. Cost is $65 for members, $125 for nonmembers and $55 for those in the Program for Nonprofit Excellence. For more information, call 684-6605 or visit www.npexcellence.org.

15. High Court Takes Conservative Stance on GALs -

Starting in May, courts across the state will have new guidelines for appointing guardians ad litem.

The provisional rules adopted by the Tennessee Supreme Court this month call for fewer appointments of GALs to represent the interests of children or adults with diminished mental capacity in court proceedings.

16. Events -

The Memphis Investors Group will meet today at 7 p.m. in the Great Hall of the Germantown Athletic Club, 1801 Exeter Road. A panel of local real estate investors will hold a question-and-answer session. The event is free for first-time visitors and members. Cost is $20 for repeat visitors. Prior to the panel discussion, several early-bird sessions will begin at 6 p.m.

17. Regulators Hope to Make Wall Street Pay for its Role in Subprime-Mortgage-Fueled Housing Bust -

BOSTON (AP) - Regulators are trying to punish Wall Street for mortgage finance practices that expanded home ownership and spread risk among a host of new players - but also may have duped borrowers and investors who supplied cash to fuel a housing boom that's turned bust.

18. MATCU Banks on Judy Conrad as VP of Lending -

Judy Conrad has been named vice president of lending at Memphis Area Teachers' Credit Union (MATCU). Conrad previously served as vice president and manager of BankTennessee in Ripley. She has worked in the financial industry for almost 40 years.

19. Archived Article: Law - A lot of seniors are being faced with making decisions about having power of attorney or a living will or estate issues or pu

Aging Population Expands Elder Law Practice

LANCE ALLAN

The Daily News

When the baby boomer generation begins t...

20. Archived Article: Newsmakers - Young Lawyers Division Announces New Board Members

MSO Names New General Manager

Alberto Gutierrez joined Memphis Symphony Orchestra as general manager. Gutierrez previously served as operations manager for the San Antonio Symphony. After grad...

21. Archived Article: Birmingham P.2 - North American Metals buys North American Metals buys Birmingham Steel operations North American Metals to purchase stock of American Steel, assets of Memphis facility Birmingham Steel Corp. has signed a definitive agreement to sell its special bar ...

22. Archived Article: Benchmark - Nordstrom Gets OK To Open Thrift Nordstrom Inc. joins fray of companies opening thrifts Retailer Nordstrom Inc. has received government permission to open a federally chartered thrift, a request that competitors Wal-Mart Stores Inc. and Dillard's In...

23. Archived Article: Plans2 - 1/2/97 notes Dunavantlegis. Legislative priorities Expanding police powers, providing tax incentives and financing a light rail system top local officials wish list By GABRIELLE C.L. SONGE The Daily News As Tennessees 100th General Assembly convenes...

24. Archived Article: Govt Analys - National Political Conventions National Political Conventions By Berje Yacoubian Special to The Daily News Before television and the annual visit of the Barnum and Bailey Circus, there were national political conventions which provided excitement an...

25. Archived Article: Law Focus - 8/29 jts law focus PAPERED OVER Court confusion has mired the government and companies in Superfund litigation By JAMES SNYDER The Daily News Love Canal was the contaminated irony in New York that spurred the environmental Superfund Congress put tog...