A Decade of Silence from SCOTUS Amidst Increasing Gun Control Legislation and a Wave of 2A Sanctuary Cities

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

          In the wake of sweeping gun control legislation, not all citizens taut the necessity of such laws and instead raise their flag demanding protection of their Second Amendment rights and purport the broad, sweeping unconstitutional nature of some gun control legislation.  Areas with some of the most restrictive gun control laws include: California, New York, New Jersey, Minnesota, Colorado, Maryland, D.C., Connecticut, and Massachusetts. Continue reading “A Decade of Silence from SCOTUS Amidst Increasing Gun Control Legislation and a Wave of 2A Sanctuary Cities”

From Zealous Advocating to Bar Sanctions: Ethical Considerations in Negotiations

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Written By: Hannah Trucks
Senior Associate Editor, American Journal of Trial Advocacy

          Many people have a mental image of what they picture an attorney to be. Some picture Elle Woods’ cross-examining Chutney’s alibi of washing her hair directly after getting it permed with the infamous line “the first cardinal rule of perm maintenance that you are forbidden to wet your hair for at least 20 hours after getting a perm.”[1] Others picture Vinny Gambini successfully positioning Mona Lisa as an automotive expert, ultimately winning an acquittal for his clients.[2] While modern television and cinema oftentimes only show the trial aspect of an attorney’s role, an attorney does so much more than cross-examine, fight objections, or maneuver their way around the courtroom. Continue reading “From Zealous Advocating to Bar Sanctions: Ethical Considerations in Negotiations”

Ransomware’s Attack on the Healthcare Industry: Privacy & Security Issues

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Written By: Mitchell J. Surface
Online Editor, American Journal of Trial Advocacy

          Ransomware is the “fastest growing malware threat.”[1]  In 2019, it generated $7.5 billion in attacks against businesses.[2]  Ransomware “refers to a type of malware [malicious software] used by attackers that first encrypts files and then attempts to extort money in return for the [decryption] key to unlock the files by demanding a ‘ransom.’” Continue reading “Ransomware’s Attack on the Healthcare Industry: Privacy & Security Issues”

Mile High Crime: Selecting Venue for Crimes Committed on an Aircraft

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Written By: Alex Messmore
Senior Associate Editor, American Journal of Trial Advocacy

What happens when a crime is committed on an airplane mid-flight?

          In 2017, airlines carried 4.1 billion passengers on flights around the world.[1]  With 4.1 billion people, there is bound to be some “turbulence” on board.[2]  With that being said, where exactly do charges need to be brought when crime occurs mid-flight? Continue reading “Mile High Crime: Selecting Venue for Crimes Committed on an Aircraft”

The Controversial Public Charge Rule Seems Here to Stay

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Written By: Grey Robinson
Member, American Journal of Trial Advocacy

           Since the inception of Immigration legislation and law within the United States the concept of “public charge” as a factor in immigration evaluations has been a shifting standard.  While the term would take on many different definitions throughout the years, a “public charge” generally referred to any person who would be treated as a ward or need the care of the United States Government.[1]   Continue reading “The Controversial Public Charge Rule Seems Here to Stay”

Covid-19 Liability: Questions Surrounding Lawsuits for Negligent Conduct in Spreading the Coronavirus

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

          The Coronavirus Disease 2019 (“COVID-19”) has taken a remarkable toll on the lives of individuals across the world.  The worldwide death toll has reached over roughly 766,080 individuals, and in the United States over 169,481 individuals have lost their lives due to the virus.[1]   Continue reading “Covid-19 Liability: Questions Surrounding Lawsuits for Negligent Conduct in Spreading the Coronavirus”

Dillon’s Rule and Home Rule: The History Behind the Two Prevailing Views on the Powers of Local Government and What That Looks Like in Alabama


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Written By: Tayler Hansford
Member, American Journal of Trial Advocacy

          Perhaps one of the most unknown, yet very controversial topics in law and local government is the amount of power county, city, and town (“local”) governments should be given to govern their respective areas.  The amount of power local governments hold largely depends on how the state in which the local government sits views the power structure of state and local government. Continue reading “Dillon’s Rule and Home Rule: The History Behind the Two Prevailing Views on the Powers of Local Government and What That Looks Like in Alabama”

Reached the Burning Point: State and Federal Riot Laws

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

          As of the writing of this post, protests against police brutality and the disproportionate policing of people of color—sparked by the death of George Floyd—are taking place around the country.[1]  In many of those cities, the demonstrations have turned into or in some way led to riots—the protest’s rowdier and generally disfavored cousin.[2]   Continue reading “Reached the Burning Point: State and Federal Riot Laws”

Consumer Fraud Epidemic: Price Gouging and Exploitation Amidst the COVID-19 Health Crisis

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By: Dylan Martin
Member, American Journal of Trial Advocacy

          Growing concerns about the spread of the COVID-19 virus and the effort of the government and public health officials to “flatten the curve” has led to widespread lockdowns, resulting in shutdowns of businesses, layoffs for employees, and mandatory curfews.[i]  In addition to affecting the social and work lives of individual Americans, the novel COVID-19 is also causing a significantly strenuous impact on the U.S. healthcare system and economy. Continue reading “Consumer Fraud Epidemic: Price Gouging and Exploitation Amidst the COVID-19 Health Crisis”

Will You be Held Liable During the COVID-19 Pandemic for a Breach of Contract?

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By: Ryan Jones
Articles Editor, American Journal of Trial Advocacy

Due to the Coronavirus, or COVID-19, local, state, and federal governments are forcing businesses to close their doors and send employees home.  These unprecedented measures being taken to prevent the spread of COVID-19 have resulted in businesses struggling to perform their contractual legal obligations.  As we continue to see the development of COVID-19 in the upcoming weeks, one thought that keeps lingering is whether or not businesses will be held liable for a failure to perform a contractual obligation due to the pandemic. Put simply, the “answer is, ‘maybe.’”[1]

Continue reading “Will You be Held Liable During the COVID-19 Pandemic for a Breach of Contract?”