IPSCs: An Analysis of Changing Landscape of Stem-Cell Research and the Need for the Legal Field to Catch Up

June 17, 2021

Photo Credit: https://www.laingbuissonnews.com/imtj/scientists-warn-against-stem-cell-medical-tourism/ (last visited June 17, 2021)

Written By: John Tully

Articles Editor, American Journal of Trial Advocacy

          Stem-cell research has long been a hotly debated and highly regulated area of the medical and science fields.  Legislators have attempted to embrace the potential for great medical and scientific advance while balancing the moral and ethical cost of this research.[i]  As we look to the future of stem-cell research and its patentability, it is important to first take a look back at its history.

            There are two primary characteristics that highlight the usefulness of stem-cells: “(1) they are able to differentiate into different types of cells, and (2) they are able to self-renew, or multiply into more stem cells.[ii] Continue reading “IPSCs: An Analysis of Changing Landscape of Stem-Cell Research and the Need for the Legal Field to Catch Up”

Can a Government Require Vaccination of its Citizens?

June 3, 2021

Photo Credit: https://www.pharmaceutical-technology.com/features/covid-19-vaccine-development/ (last visited: June 2, 2021).

Written By: Kristen Strickland
Executive Research & Writing Editor, American Journal of Trial Advocacy

          In the spring of 2020, the world was struck by the COVID-19 pandemic.  As the death toll rose, it became clear that a vaccine was urgently needed.[1]  Currently, there are two vaccines authorized and available: the Pfizer-BioNTech vaccine and the Moderna vaccine.[2]  During President Biden’s presidential transition, he stated that “his goal was to administer 100 million doses [of the vaccines] by the end of his first 100 days.”[3]  The Biden administration has been working towards this goal by cooperating with states to create mass-vaccination sites and get vaccines to underserved communities. Continue reading “Can a Government Require Vaccination of its Citizens?”

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

May 13, 2021

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

April 15, 2021

Photo Credit: https://assetlab.us/wp-content/uploads/2020/03/stay-at-home-order-temporary-closure-business-announcement-marketing-guide-covid19-coronavirus.png (last visited April 15, 2021).

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

April 8, 2021

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?

April 1, 2021

Photo Credit:  https://www.shrm.org/hr-today/news/hr-magazine/pages/0614-tuition-assistance.aspx (last visited April 1, 2021).

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

March 31, 2021

Photo Credit: https://gammalaw.com/ruling-maintains-epic-v-apple-status-quo-for-trial/ (last visited March 31, 2021).

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

March 16, 2021

Photo Credit: https://www.theverge.com/2014/5/28/5757126/nypd-will-begin-carrying-narcan-kits-to-reverse-heroin-overdoses (last visited March 16, 2021).

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

February 25, 2021

Photo Credit: https://cesie.org/en/project/stop/ (last visited Feb. 25, 2021).

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

February 17, 2021

Image source: here (last visited Feb. 17, 2021).

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”