RUSSELL FOWLER Shady Fork Road Chattanooga, Tennessee Office: (423) Ext Home: (423)
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1 RUSSELL FOWLER 1131 Shady Fork Road Chattanooga, Tennessee Office: (423) Ext Home: (423) LEGAL EMPLOYMENT Associate Director (Since February 16, 2007) Managing Attorney (January 2002 to February 2007) Legal Aid of East Tennessee, Inc., 353 Chestnut Street, Suite 360 Chattanooga, Tennessee Phone: (423) , Ext Managing Attorney, Southeast Tennessee Legal Services, Inc., Chattanooga, Tennessee (March 1997 to December 2001) Associate, Law Firm of James S. Cox and Associates, Memphis, Tennessee (August 1987 to November 1996) (An a/v rated civil litigation firm) Judicial Law Clerk to The Honorable C. Neal Small, Chancellor, Part 1, Chancery Court of Tennessee for the 30 th Judicial District at Memphis, Shelby County, Tennessee (July 1986 to August 1987) ACADEMIC EMPLOYMENT Adjunct Professor, Department of Political Science, The University of Tennessee at Chattanooga (August 1999 to Present) Courses: Judicial Process, Constitutional Law, Civil Liberties, Law and Politics, First Amendment, and American Government 2005 UTC Outstanding Adjunct Professor Award PUBLICATIONS Book Chapters A Stickler for the Rule of Law in Why Coolidge Matters (National Notary Association, 2010) Caesar Rodney in One Day in History: July 4, 1776 (HarperCollins and Smithsonian Books, 2006) Calvin Coolidge: Country Lawyer in America s Lawyer-Presidents (American Bar Association and Northwestern University Press, 2004)(Forward by Justice Sandra Day O Connor. Book serves as the basis for an exhibit entitled From Law Office to Oval Office: America s Lawyer-Presidents at the Museum of Law at ABA Headquarters, Chicago) Journal Articles Tennesseans on the United States Supreme Court, Tennessee Bar Journal, Vol. 50, No. 8 (2014) Justice Under Fire: Civil War Reconstruction Shows that Challenges Tennessee Courts are Nothing New, Tennessee Bar Journal, Vol. 50, No. 6 (2014) Milton Brown and the Trial of John Murrell, Tennessee Bar Journal, Vol. 50, No. 3 (2014)
2 The Immortal Pleasant Miller: The State s Greatest Antebellum Lawyer and the Father of Tennessee Pro Bono, Tennessee Bar Journal, Vol. 49, No 10 (2013) The Deep Roots of Workers Comp: Pirates, Prussians, and Progressives Are All in the Family Tree Tennessee Bar Journal (Tennessee Bar Association) Vol. 49, No 6 (June 2013) Richard III, Campion of Equal Access to Justice, Tennessee Bar Journal (Tennessee Bar Association) Vol. 49, No. 5 (May 2013) A History of Chancery and Its Equity From Medieval England to Today s Tennessee, Tennessee Bar Journal (Tennessee Bar Association) Vol. 48, No. 2 (Feb. 2012) Courts, Courses, and Controversies: The Constitutional and Procedural Challenges to Rules of Court Requiring Attendance at Parenting Seminars, New England Law Review (New England School of Law, Boston) Vol. 37, No. 1 (2002) Calvin Coolidge and the Supreme Court, Journal of Supreme Court History (Supreme Court Historical Society, Washington, D.C.) Vol. 25, No. 3 (2000) Milton Brown, : West Tennessee s Man for All Seasons, The West Tennessee Historical Society Papers, Vol. L (1996) Pleasant M. Miller, : The Last of the Titans of Tennessee s Founding Age, The West Tennessee Historical Society Papers, Vol. XLIX (1995) Chancellor William Macon Smith and Judicial Reconstruction: A Study of Tyranny and Integrity, The West Tennessee Historical Society Papers, Vol. XLVIII (1994) Encyclopedia Articles Lord Justice Geoffrey Lawrence, Atrocities, Massacres, and War Crimes: An Encyclopedia (ABC-CLIO, Forthcoming, February 2013) (Leading British jurist and presiding judge at the first Nuremberg War Crimes Trial) The following three articles in The Encyclopedia of the Jazz Age (M.E. Sharpe Publishers, 2008): Calvin Coolidge Election of 1924 Law and Courts John Quincy Adams, Encyclopedia of African American History (ABC-CLIO, 2008) Magna Carta and King John of England, The Encyclopedia of World History (Facts On File, 2008) The following two articles in the Encyclopedia of the Age of Political Revolutions and New Ideologies, (Greenwood Press, 2007) Benjamin Franklin James Madison The following five articles in the Encyclopedia of World Poverty (Sage Publications, 2006): John Quincy Adams Administration Dwight Eisenhower Administration Rutherford Hayes Administration Richard Nixon Administration Workers Compensation 2
3 John Wesley ( ), The Encyclopedia of Emancipation and Abolition in the Trans- Atlantic World (M.E. Sharpe Publishers, 2007) Administration of Justice Act (1774), The Encyclopedia of the American Revolutionary War (ABC-CLIO, 2006) City-States, The Encyclopedia of World Geography (Facts On File, 2005): Conservative Party (UK), The Encyclopedia of Politics: The Left and the Right (Sage Publications, 2005) (Volume chosen a Best of Reference 2006 by The New York Public Library) The following six articles in the Encyclopedia of the Gilded Age and Progressive Era (M.E. Sharp Publishers, 2005): Antitrust Legislation Supreme Court, U.S. Andrew W. Mellon Holden v. Hardy (1898) Hammer v. Dagenhart (1918) Alton Brooks Parker Courts, Grolier Encyclopedia of the Victorian Era (Grolier, 2004)(Courts of Great Britain and the English Speaking World from 1837 to 1901) The following five articles in the Encyclopedia of Capitalism (Facts On File, 2004): John Adams Grover Cleveland Dwight D. Eisenhower Andrew Mellon Roman Empire The following five articles in The Tennessee Encyclopedia of History and Culture (Rutledge Hill Press, 1998): Milton Brown (Antebellum judge, congressman, and railroad and college founder) Alvin Hawkins (Reconstruction state supreme court justice and 1880s governor) Pleasant Moorman Miller (Antebellum congressman and judge) William Macon Smith (Antebellum and Reconstruction judge and politician) William B. Turley (Antebellum state supreme court justice) Book Reviews Florida s Supreme Court: A Tribunal s Triumph reviewing The Supreme Court of Florida and It s Predecessor Courts, by Walter W. Manley, II, Canter Brown, Jr. and Eric W. Rise (H-Net Reviews of the H-Net Humanities & Social Sciences OnLine, Michigan State University, 2005) Tennessee s Supreme Court: A Tribunal s Troubled Past reviewing A History of the Tennessee Supreme Court by James W. Ely, Jr., ed. (H-Net Reviews of the H-Net Humanities & Social Sciences OnLine, Michigan State University, 2002) Other Publications Winning Good Press Coverage, Management Information Exchange Journal, Vol. XVIII, No 1 (2004) Co-author of Effective Appellate Practice in Tennessee, CLE manual (National Business Institute, 1996) 3
4 LEGAL EDUCATION The University of Memphis Cecil C. Humphreys School of Law Juris Doctor Degree, May 16, 1987 (Admitted to Tennessee Bar October 19, 1987) Required Paper: Administrative Searches Under the Fourth Amendment Law School Honors and Activities Best Brief Award, 1985 Advanced Moot Court Competition American Jurisprudence Award (for highest grade in criminal procedure) Student Government Association Law Scholarship The SGA Excellence in Service Award Justice, SGA Student Court Student Publications Committee UNDERGRADUATE EDUCATION The University of Memphis (Formerly Memphis State University) B.A. Degree (cum laude) May 12, 1984, Two Majors: Political Science and History Undergraduate Honors and Activities The Memphis State University Outstanding Student in Political Science Award for 1984 (Presented annually to the graduating senior majoring in political science who has complied the best record of academic achievement in the discipline) Omicron Delta Kappa (National Leadership Honor Society) Mortar Board (National Senior Honor Society) Pi Sigma Alpha (National Political Science Honor Society) Phi Alpha Theta (International History Honor Society) Golden Key International Honor Society Gamma Beta Phi (National Honor and Service Society) Memphis State University Alumni Scholarship State Board of Regents Scholarship Senator, SGA Student Senate FORENSIC HONORS First Place in After Dinner Speaking, Lambuth College Tournament, Jackson, Tenn. (1980) First Place in Extemporaneous Speaking, Forensic Forum I, Memphis (1980) State Finals in Extemporaneous Speaking, THSSDL State Championship Forensics Tournament, Austin Peay State University, Clarksville, Tenn. (1980) Second Place in Extemporaneous Speaking, THSSDL Dist. I Championship Forensics Tournament, Memphis State University, Memphis (1980) PROFESSIONAL AND OTHER ACTIVITIES American Bar Association (ABA Litigation Section, Section Committees: Appellate Practice and Pro Bono and Public Service Chair (Founding), Chattanooga Housing Roundtable (2003 to Present) Chair, Chancery Court Bar Admission Committee and Ceremony, Memphis ( ) Chattanooga Bar Association Chattanooga Homelessness Coalition Strategic Planning Committee (1999) Mayor of Chattanooga s Fair Housing Committee ( ) President, Community Housing Resource Board (1999 to 2003) Senior Citizens Pro Bono Council, Memphis ( ) Special Chancellor of Chancery Court of Tennessee at Memphis ( ) Steward, St. Luke s United Methodist Church ( ) Tennessee Bar Association and TBA Access to Justice Committee 4
5 The American Society for the Prevention of Cruelty to Animals (ASPCA) The Calvin Coolidge Memorial Foundation INSTRUCTOR OF CONTINUING LEGAL EDUCATION AND PRESENTER AT PROFESSIONAL AND EDUCATIONAL SEMINARS AND PROGRAMS James Madison and the Constitution (Legal Aid of East Tennessee, Chattanooga, 2012) The Constitution and the Civil War (Legal Aid of East Tennessee, Chattanooga, 2012) Magna Carta and the Rise of the Rule of Law (Legal Aid of East Tennessee, Chattanooga, 2011) Elvis Law: The State and Federal Cases Dealing with the King of Rock and Roll (Legal Aid of East Tennessee, 2011) The Top Ten Tennessee Chancery Practice Principles (Legal Aid of East Tennessee, taught in Chattanooga, Tullahoma, Jasper, Athens, and Morristown, ) The Top Ten Tennessee Civil Appellate Decisions, The Top Ten Tennessee Legal Mistakes, and the Top Ten Tennessee Professional Responsibility Decisions (Funded by Tennessee Blue-Ribbon CLE Commission, taught in Chattanooga, Jackson, Johnson City, Morristown, and Kingsport, ) The Top Ten Tennessee Poverty Law Basics (Funded by Tennessee Blue-Ribbon CLE Commission, 2010) Constitutional Interpretation (UT-Chattanooga, 2008) Tennessee Legal History (Funded by Tenn. Administrative Office of the Courts, 2008) Federal Fair Housing Law Update (Chattanooga Housing Roundtable, 2007) Review of the Judicial System (NAACP-Hamilton County Chapter, 2006) The Nomination of John G. Roberts for Chief Justice (UT-Chattanooga, 2005) The Supreme Court and Racial Profiling (UT-Chattanooga, 2004) Tennessee Housing Law (Tennessee Bar Association, 2002) State and Federal Housing Rights (Tennessee Elder Law Hotline, 1999) Federal Regulation of Legal Services (Southeast Tennessee Legal Services, 1998) Equity/Chancery Jurisprudence, Procedure, and History (National Bar Association, 1996) Effective Appellate Practice (National Business Institute, 1996) Chancery Court Practice and Procedure (Memphis Bar Association, 1993) Bad Faith Litigation: Insurance and Contract Bonding (National Business Institute, 1993) SIGNIFICANT COURT ADMISSIONS AND APPEARANCES Supreme Court of Tennessee (Admitted October 28, 1987) U.S. District Court for the Western District of Tennessee (Admitted December 4, 1987) Supreme Court of the United States (Admitted June 13, 1994) U.S. District Court for the Eastern District of Tennessee (Admitted July 17, 1997) Sixth Circuit Court of Appeals (Admitted October 23, 1997) Tennessee Court of the Judiciary (Counsel for judges on three judicial disciplinary cases) Tennessee Court of Appeals (Numerous appeals) Supreme Court of Arkansas (Pro Hac Vice) Tennessee Claims Commission (Western and Eastern Sections) SIGNIFICANT CASES Witherow v. Chattanooga Housing Auth., 24 TAM 8-47 (Tenn. Hamilton Cir. Ct. 1999) (Concerns Tennessee Governmental Tort Liability Act regarding public housing agency). Newton v. Cox, 954 S.W.2d 746 (Tenn. Ct. App. 1997) (Concerns award of pre-judgment interest). 5
6 Anthony v. Kaplan, 324 Ark. 52, 918 S.W.2d 174 (Ark. Sup. Ct. 1996) (Concerns issue of vacating arbitration panel s decision). Highers v. Court of the Judiciary, No (W.D. Tenn. 1995) (Concerns constitutionality of proceedings of the Tennessee Court of the Judiciary). Davidson v. Davidson, 916 S.W.2d 918 (Tenn. Ct. App. 1995) (Concerns set aside of final judgment and allocation of risk of possible reduction of pension benefits of divorced parties). Cox v. Huddleston, 914 S.W.2d 501 (Tenn. Ct. App. 1995) (Concerns constitutionality of Tennessee privilege tax on lawyers). Archer v. Archer, 907 S.W.2d 412 (Tenn. Ct. App. 1995) (Concerns authority of special masters to rule on mixed questions of law and fact, the standard of review, appeal of contempt rulings, and laches). Adams v. Adams, 19 TAM 44-4, 1994 WL (Tenn. Ct. App. 1994) (Concerns contempt powers and valuation and division of marital property). Church v. Church, 19 TAM 8-6, 1994 WL (Tenn. Ct. App. 1994) (Concerns constitutionality of court-ordered parenting classes for divorcing parents). In re Deborah Doe, 18 TAM 9-37 (Tenn. Shelby Chancery 1993) (Concerns right of 14-year-old to refuse abortion insisted upon by parent for social reasons ). In re Shantel Johnson, No R.D. (Tenn. Shelby Chancery 1993) (Concerns termination of life support for brain-dead infant). James S. Cox and Assocs. v. King, 17 TAM 16-10, 1992 WL (Tenn. Ct. App. 1992) (Concerns execution on real property, preclusion of installment payments on consent judgments, and recusal of trial judge). W.R. Naylor & Son Constr. Co. v. Campbell, 14 TAM 15-10, 1989 WL (Tenn. Ct. App. 1989) (Concerns defense of set-off of unliquidated damages in chancery and frivolous appeals). SIGNIFICANT CASES AS SPECIAL JUDGE/CHANCELLOR Mitchell v. Cole, 966 S.W.2d 411 (Tenn. Sup. Ct. 1998) (Concerns res judicata effect on chancery jury trial of Chapter 11 bankruptcy court s confirmation order as opposed to final report and final decree). Williams v. Williams, 1996 WL (Tenn. Ct. App. 1996) (Concerns conflict of subject matter jurisdiction of chancery and juvenile courts to find party in contempt for failure to pay child support and jurisdictional agreement of courts). Memphis Police Assoc. v. City of Memphis, 20 TAM (Tenn. Shelby Chancery 1995) (Concerns due process and equal protection rights of rookie police officers publicly reassigned to patrol a predominantly African-American public housing project after admitting attendance at event where racist activities were undertaken by others unknown to officers). Case discussed in Department of the Treasury Report on the Good O Boys Roundup Policy Review (Washington: U.S. Government Printing Office, April 1996)
7 Reed v. Stokes, 20 TAM (Tenn. Shelby Chancery 1995) (Concerns award of unemployment benefits to employee discharged for failure to return to work when employer obtained return to work directive from physician, contradicting previous directive, without knowledge of employee). Monger v. Safety Plus, Inc., 19 TAM (Tenn. Shelby Chancery 1994) (Concerns discrimination in the work place against woman based on sex and pregnancy and piercing corporate veil). 7
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