The Rise and Fall of the “Meme Stock”: A Look at the Backlash Following Robinhood’s Decision to Restrict the Trade of Certain Stocks.

Photo Credit: https://seekingalpha.com/article/4371893-gamestop-short-squeeze-part-ii (last visited May 13, 2021).

Written By: Ken Thompson
Member, American Journal of Trial Advocacy

          The start to 2021 brought in a new era of trading to Wall Street in the form of “meme stocks.”[1]  Investors—inspired by social media forums like Reddit’s ‘/r/wallstreetbets’—sought to raise the share price of companies like GameStop, Nokia, and AMC by purchasing shares of each in massive numbers. Continue reading “The Rise and Fall of the “Meme Stock”: A Look at the Backlash Following Robinhood’s Decision to Restrict the Trade of Certain Stocks.”

County of Butler v. Wolf, Covid-19, and the Potential Revival of Economic Substantive Due Process

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Written By: Owen Mattox
Articles Editor, American Journal of Trial Advocacy

          Economic substantive due process, a doctrine seldom invoked since the early twentieth century, may have been thrown a lifeline in the midst of last summer’s nearly nationwide lockdown.  Simply put, the doctrine, made famous by cases like Lochner v. New York that struck down economic regulatory measures, asserted that certain unenumerated rights could be read into the Due Process clause of the Fourteenth Amendment of the Constitution, including the right to pursue economic opportunities.[1] Continue reading “County of Butler v. Wolf, Covid-19, and the Potential Revival of Economic Substantive Due Process”

Social Media and Its Power to Control Speech

Photo Credit: https://www.wkyufm.org/post/free-speech-debate-swirls-officials-block-social-media (last visited April 7, 2021).

Written By: Robert J. Griggs
Member, American Journal of Trial Advocacy

          The First Amendment, at its core, is used to foster “an uninhibited marketplace of ideas,”[i] testing the truth of various ideas “in the competition of the marketplace.”[ii]  Social media sites such as Facebook and Twitter are important venues for people to express themselves and exercise their First Amendment rights.  The Supreme Court has recognized that the internet and social media sites are important places for people to “speak and listen,” observing that “social media users employ these websites to engage in a wide array of protected First Amendment activity.”[iii]   Continue reading “Social Media and Its Power to Control Speech”

Are College and Graduate Students Entitled to Tuition and Fee Refunds for the Spring 2020 Semester?

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Written By: Cecile G. Nicolson
Editor-in-Chief, American Journal of Trial Advocacy

          January of 2020 started with hopeful visions for the beginning of a new decade.  College and graduate students across the country returned to campuses for a new semester, thinking little of the novel coronavirus.  However, as the virus rapidly spread, schools began creating plans for online learning.  Continue reading “Are College and Graduate Students Entitled to Tuition and Fee Refunds for the Spring 2020 Semester?”

Playing Games with the Sherman Act: Epic Games v. Apple

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Written By: Hunter A. Milliman
Member, American Journal of Trial Advocacy

          During the COVID-19 pandemic, amidst working from home and adjusting to prolonged periods of minimal human interaction, many people have found their need for social interaction can be satisfied through video games.  The video games industry is booming during the pandemic,[1] and that’s certainly the case for Epic Games’ smash hit—the online multiplayer game Fortnite.[2]  Among this industry success, however, Epic Games took a hit when Apple removed Fortnite from the App Store in August of 2020.[3] Continue reading “Playing Games with the Sherman Act: Epic Games v. Apple”

Ending the War on Drugs: Decriminalizing Drug Possession

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Written By: McKenzie Meade
Member, American Journal of Trial Advocacy

Did Oregon take the first real step in ending the war on drugs?

            Almost fifty years later, America’s war on drugs continues. President Richard Nixon first coined this phrase in June 1971, when he declared drug abuse as “public enemy number one.”[i] Subsequent to this declaration, the number of people incarcerated for drug offenses drastically escalated in America, especially if you were a person of color.[ii] That was because President Nixon attempted to combat this war by “utilizing policies of prohibition” and invoking mandatory sentencing requirements.[iii] However, none of this worked. President Nixon’s strategy seemed to only further drug abuse, violence, and death.[iv] Continue reading “Ending the War on Drugs: Decriminalizing Drug Possession”

American Children Are Under Sexual Attack

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Written By: Heather Sutton
Member, American Journal of Trial Advocacy

          Considering the recently exposed Epstein fiasco, exempt registration status laws in California for sex with minors (subject to limitations), and the large-scale dissemination of the “social commentary” Cuties’ by Netflix, a discerning and concerned citizen can reach no conclusion other than—American Children are under Sexual Attack. Continue reading “American Children Are Under Sexual Attack”

The Learned-Intermediary Doctrine—Pharmacy Protections and Responsibilities

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Written By: Paul Sparkman
Senior Associate Editor, American Journal of Trial Advocacy

          A manufacturer of a dangerous product generally must warn the consumer of potential injury resulting from the use of its product. However, in many cases drug manufacturers avoid liability for failing to warn of dangers because the learned-intermediary doctrine has shifted the duty to inform the consumer elsewhere.[i] The doctrine holds that liability for failure to warn about side-effects and other inherent dangers of prescription drugs and other treatments should not be attributed to the drug manufacturers. Continue reading “The Learned-Intermediary Doctrine—Pharmacy Protections and Responsibilities”

More Than Skin Deep: New York’s More Stringent Regulations in Cosmetic Safety

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Written By: Brettlyn Miller
Research and Writing Editor, American Journal of Trial Advocacy

          Recently, the New York legislature voted to amend New York’s environmental conservation act in order to provide more stringent regulations on cosmetic and personal care products containing the ingredient 1,4-dioxane. Continue reading “More Than Skin Deep: New York’s More Stringent Regulations in Cosmetic Safety”

Questions Surrounding the Community Caretaker Exception in Light of the Recent SCOTUS Writ of Certiorari Grant

Photo Credit: https://www.abajournal.com/news/article/supreme-court-to-consider-constitutionality-of-home-search-during-gun-owners-hospital-visit (last visited Feb. 15, 2021).

Written By: Rachel Leigh
Member, American Journal of Trial Advocacy

          On November 23, 2020, the U.S. Supreme Court granted certiorari to rule on: whether law enforcement’s search of a gun owner’s home while the individual was in the hospital for a suicide evaluation was justified under an exception to the Fourth Amendment.[i]   Continue reading “Questions Surrounding the Community Caretaker Exception in Light of the Recent SCOTUS Writ of Certiorari Grant”