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”

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”

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?”

Employees and the Gig Economy

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Photo Credit: https://www.whateverison.com/here-are-answers-to-every-uber-lyft-customers-questions/ (last visited Apr. 11, 2020).

Written by: Alexa Wallace

Research and Writing Editor, American Journal of Trial Advocacy

            For many of us, we hear the term “gig economy” and think it’s another millennial hashtag with absolutely zero meaning in our everyday life.  But really, the emergence of the gig economy has a direct impact on us all.  Put simply, the “gig economy” is a new way of saying independent contract or part-time work, and over 55 million people are now working this way.[1]   Continue reading “Employees and the Gig Economy”

The Calm After the Storm? How the Legal Implications of the #MeToo Movement Have Influenced Human Resources Departments to Restructure Sexual Harassment Policies

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Written By: Michelle Fleenor

Member, American Journal of Trial Advocacy

            Prior to the inception of the #MeToo movement, which cast a spotlight on the prevalence of sexual misconduct in Hollywood, sexual harassment in the workplace was not as highly scrutinized and was often resolved without sufficient investigation from either human resources (“HR”) departments or the businesses themselves.[1]   Continue reading “The Calm After the Storm? How the Legal Implications of the #MeToo Movement Have Influenced Human Resources Departments to Restructure Sexual Harassment Policies”

Are We in a Jail Health Care Crisis?

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Photo Credit: https://images.wisegeek.com/prison-medical-care.jpg.

By: Savannah Pelfrey
Member, American Journal of Trial Advocacy

            Telemedicine is a phenomenon within the health care world that is presumed to have started within the last decade; however, its history within the prison industry started much earlier.[1] Continue reading “Are We in a Jail Health Care Crisis?”

Sign Here, and Swipe There: Potential Impact of Florida’s New Remote Online Notary Law

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By: David Newman
Junior Associate Editor, American Journal of Trial Advocacy

            In January 2020, Florida became one of the most recent states to pass a law allowing for remote online notaries.[1]  Florida is now one of 22 states that have passed laws allowing for remote online notaries.[2] Continue reading “Sign Here, and Swipe There: Potential Impact of Florida’s New Remote Online Notary Law”