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TJLP (Summer 2012) Volume 8 Special Edition et al.: TJLP (Summer 2012) Volume 8 Special Edition Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 1 o z( Z x X X2004X The TENNESSEE JOURNAL OF LAW AND POLICY is published semi-annually and edited by students of the University of Tennessee College of Law. The publisher is the TENNESSEE JOURNAL OF LAW AND POLICY, 1505 W. Cumberland Ave., Knoxville, Tennessee 37996-1810. The domestic subscription rate is $20.00 per volume, and the foreign subscription rate is $25.00 per volume. Unless notice to the contrary is received, the TENNESSEE JOURNAL OF LAW AND POLICY assumes that a renewal of the subscription is desired. All claims of non-receipt of an issue should be made within six months of date of publication if claimant wishes to avoid paying for the missing issue. To order back issues, contact William S. Hein & Co., Inc. at 1285 Main Street, Buffalo NY 14209-1987, or call toll free at (800) 828-7571. POSTMASTER: Send address changes to: TENNESSEE JOURNAL OF LAW AND POLICY, 1505 W. Cumberland Ave., Knoxville, Tennessee 37996-1810. Copyright @ 2012, TENNESSEE JOURNAL OF LAW AND POLICY, University of Tennessee College of Law. All Rights Reserved. ISSN 1940-4131 http://www.law.utk.edu/publications/tjlp.sht Published by Trace: Tennessee Research and Creative Exchange, 2012 1 Tennessee Journal of Law and Policy, Vol. 8, Iss. 2 [2012], Art. 1 Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 2 ARTICLE THE ROLE OF THE ATrrORNEY AND THE ATrORNEY CLIENT RELATIONSHIP: THE KEYS TO IMPROVED PUBLIC PERCEPTION OF ATrORNEYS AND THE LEXUS Jeanne Marie Zokovitch Paben REMARKS PROTECTING THE PILLARS OF OUR LEGAL SYSTEM Bernard W. Nussbaum STUDENT POLICY NOTE FLORIDA'S LEGISLATION MANDATING SUSPICIONLESS DRUG TESTING OF TANF BENEFICIARIES: THE CONSTITUTIONALITY AND EFFICACY OF IMPLEMENTING DRUG TESTING REQUIREMENTS ON THE WELFARE POPULATION Lindsey Lyle TRANSCRIPT SUMMERS-WYATr SYMPOSIUM "CRISIS, COVERAGE, AND COMMUNICATION: ADVOCACY IN A 24/7 NEWS WORLD" http://trace.tennessee.edu/tjlp/vol8/iss2/1 2 et al.: TJLP (Summer 2012) Volume 8 Special Edition Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 3 PANEL DISCUSSION 1: To COMMENT OR NOT TO COMMENT: WHAT THE MEDIA WANTS, WHAT THE CLIENT NEEDS, AND WHAT THE RULES REQUIRE Joseph B. Cheshire V Mark Curriden Kim Helper Pamela Mackey Al Tompkins MORNING KEYNOTE ADDRESS: SURVIVING THE MEDIA ONSLAUGHT Joseph B. Cheshire V LUNCH KEYNOTE ADDRESS: A HISTORICAL PERSPECTIVE ON JUSTICE AND JOURNALISM John Seigenthaler PANEL DISCUSSION 2: CROSS TRAINING: JOURNALISM FOR LAWYERS, LAW FOR JOURNALISTS Joie Chen James Duff Kim Helper Cynthia Moxley PANEL DISCUSSION 3: LAWYERS AS CRISIS COMMUNICATORS Adam Goldberg Tom Griscom Josh Galper Published by Trace: Tennessee Research and Creative Exchange, 2012 3 Tennessee Journal of Law and Policy, Vol. 8, Iss. 2 [2012], Art. 1 Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 4 Tennessee Journal of Law and Policy 2012-2013 EDITORIAL STAFF EDITORIAL BOARD AMY D. WILLIAMS Editor-in-Chief MICHA BUFFINGTON KARINA XART Executive Editor Managing Editor ANNA SwiFr PARKER AZIz PublicationsEditor Articles Editor JEN CRAKE LINDSEY LYLE Articles Editor Articles Editor EUGENE CHOI HELEN RODGERS Research Editor Research Editor WILL GIBBONS KATIE DORAN Candidacy Process Editor Symposium Editor http://trace.tennessee.edu/tjlp/vol8/iss2/1 4 et al.: TJLP (Summer 2012) Volume 8 Special Edition Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 5 Tennessee Journal of Law and Policy STUDENT EDITORS MICHAEL BOCK DEVIN DEVORE MICHELLE HOLLAND ERIC LUTRELL DEVIN LYON AMY MOHAN BYRON MCQUAIN JEFFREY SIMPSON Published by Trace: Tennessee Research and Creative Exchange, 2012 5 Tennessee Journal of Law and Policy, Vol. 8, Iss. 2 [2012], Art. 1 Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 6 Tennessee Journal of Law and Policy 2011-2012 EDITORIAL BOARD CARRIE POND Editor-in-Chief AuSTIN KuPKE WILL HINES Executive Editor Managing Editor BRENT MORELAND JOSHUA ARTERS PublicationsEditor Articles Editor PETE FRECH ROBERT ROBINSON Articles Editor Research Editor KASEY WASHBURN KARINA XART Research Editor CandidacyProcess Editor AMY WLLIAMS Symposium Editor http://trace.tennessee.edu/tjlp/vol8/iss2/1 6 et al.: TJLP (Summer 2012) Volume 8 Special Edition Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 7 Tennessee Journal of Law and Policy FACULTY ADVISORS PENNY J. WHITE Directorof the CenterforAdvocacy and Elvin E. Overton DistinguishedProfessor of Law OTIs H. STEPHENS, PH.D. Alumni DistinguishedService Professorof Political Science and Resident Scholar of ConstitutionalLaw IRIS J. GOODWIN Associate Professor of Law UNIVERSITY OF TENNESSEE COLLEGE OF LAW ADMINISTRATION DOUGLAS A. BLAZE Dean of the College of Law and Art Stolnitz and Elvin E. Overton DistinguishedProfessor of Law CAROL M. PARKER Associate Dean for Academic Affairs, Directorof Legal Writing, and Associate Professor of Law KATRICE MORGAN Assistant Deanfor Student Affairs Published by Trace: Tennessee Research and Creative Exchange, 2012 7 Tennessee Journal of Law and Policy, Vol. 8, Iss. 2 [2012], Art. 1 Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 8 C,-E Ij 2 004 CONTENTS ARTICLE THE ROLE OF THE ATTORNEY AND THE ATTORNEY CLIENT RELATIONSHIP: THE KEYS TO IMPROVED PUBLIC PERCEPTION OF ATTORNEYS AND THE LEXUS Jeanne Marie Zokovitch Paben...........................10 REMARKS KEYNOTE ADDRESS: PROTECTING THE PILLARS OF OUR LEGAL SYSTEM Bernard W. Nussbaum................................55 STUDENT POLICY NOTE FLORIDA'S LEGISLATION MANDATING SUSPICIONLESS DRUG TESTING OF TANF BENEFICIARIES: THE CONSTITUTIONALITY AND EFFICACY OF IMPLEMENTING DRUG TESTING REQUIREMENTS ON THE WELFARE POPULATION Lindsey Lyle................................................................ 68 TRANSCRIPT "CRISIS, COVERAGE, AND COMMUNICATION: ADVOCACY IN A 24/7 NEWS WORLD"......................................... 87 http://trace.tennessee.edu/tjlp/vol8/iss2/1 8 et al.: TJLP (Summer 2012) Volume 8 Special Edition Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 9 PANEL DISCUSSION 1: To COMMENT OR NOT TO COMMENT: WHAT THE MEDIA WANTS, WHAT THE CLIENT NEEDS, AND WHAT THE RULES REQUIRE Joseph B. Cheshire V, Mark Curriden,Kim Helper, Pamela Mackey, Al Tompkins...........................................88 MORNING KEYNOTE ADDRESS: SURVIVING THE MEDIA ONSLAUGHT Joseph B. Cheshire V....................... ......... 131 LUNCH KEYNOTE ADDRESS: A HISTORICAL PERSPECTIVE ON JUSTICE AND JOURNALISM John Seigenthaler...................................146 PANEL DISCUSSION 2: CROSS TRAINING: JOURNALISM FOR LAWYERS, LAW FOR JOURNALISTS Joie Chen, James Duff Kim Helper, Cynthia Moxley..................157 PANEL DISCUSSION 3: LAWYERS AS CRISIS COMMUNICATORS Adam Goldberg, Tom Griscom,Josh Galper . ................ 194 Publication of contributions does not signify adoption of the views expressed therein by the TENNESSEE JOURNAL OF LAW AND POLICY, its editors,faculty advisors, or The University of Tennessee. Published by Trace: Tennessee Research and Creative Exchange, 2012 9 Tennessee Journal of Law and Policy, Vol. 8, Iss. 2 [2012], Art. 1 Summer 2012 Volume 8 Special Edition Tennessee Journal of Law and Policy 10 ARTICLE THE ROLE OF THE ATTORNEY AND THE ATTORNEY CLIENT RELATIONSHIP: THE KEYS TO IMPROVED PUBLIC PERCEPTION OF ATTORNEYS AND THE LEXUS1 Jeanne Marie Zokovitch Paben*+ It is a pivotal time for the legal profession. Economic challenges are making it harder and harder for the historical law firm to survive. According to the National Law Journal's annual survey, "the 250 biggest firms ... shed more than 9,500 lawyers in 2009 and 2010, nearly 8% of the total [lawyers at those firms]." 2 This * Jeanne Marie Zokovitch Paben, B.A. University of Florida, J.D. University of California -- Hastings, M.S.E.L. Vermont Law School, is an assistant professor of law at the Charlotte School of Law in Charlotte, North Carolina and was formerly an assistant professor of law and Director of the Earth Advocacy Clinic at Barry University School of Law in Orlando, Florida. + I would like to thank Barry graduates Jennifer Collins ('12) and Margaret Reidy ('12) for their research assistance with this article. I would also like to thank Brett Paben, Gerard Glynn, Kate Aschenbrenner and Karen Greene for their support, timely review and edits. Finally, I thank Richard Goldsmith ('12) for his endless research, citation work and support for this article. ' I would like to note that as an avid environmentalist I of course refer to the hybrid version of the Lexus. 2 The NL 250 Regional Report, NAT'L L. J., http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=120 24 8956 5 84 2 &sl return=1. For further reading about the plight of law firms dealing with the recession, see also Mathew Bishop, A Less Gilded Future, ECONOMIST, May 7, 2011, at 14, available at http://www.economist.com/node/18651114; Nathan Koppel, Recession Batters Law Firms, Triggering Layoffs, Closings, WALL ST. J., Jan. 26, 2009,http://online.wsj.com/article/SB 123292954232713979.html?mod =rsswhatsnewsus; Gus Lubin, 10 Huge Law Firm Collapses of the Decade, Bus. INSIDER L. REV., Dec. 8, 2009, available at http://www.businessinsider.com/decades-biggest-law-firm-collapses- 2009-12; Carlo D' Angelo, Overseas Legal Outsourcing and the http://trace.tennessee.edu/tjlp/vol8/iss2/1 10 et al.: TJLP (Summer 2012) Volume 8 Special Edition Summer
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