When Giving a Hug is Neither Legal Nor Ethical: Did a Judge’s Decision to Give a Defendant a Hug and Bible Cross the Line?

Illustration of a person scratching their head with question marks above their head. To the left of the person is a sign pointing left that says "Ethical," and to the right of the person is a sign pointing right that says "Legal"

Photo Credit: Why ethics and law are not the same thing, In The Black, https://www.intheblack.com/articles/2015/04/01/why-ethics-and-law-are-not-the-same-thing.

By: Lindsey Phillips
Research and Writing Editor, American Journal of Trial Advocacy

On October 1, 2019, ex-Dallas police officer Amber Guyger was convicted of murder for shooting and killing Botham Jean after she claimed she thought he was an intruder when she mistook his apartment for her own.[1] Continue reading “When Giving a Hug is Neither Legal Nor Ethical: Did a Judge’s Decision to Give a Defendant a Hug and Bible Cross the Line?”

International Service of Process – A Peek Behind the Curtain

Image of a keyboard with an orb made up of various countries' flags sitting on the "return" key of the keyboard

Photo Credit: https://calspro.org/category/process-service/page/2/

By: Will Johnson
Member, American Journal of Trial Advocacy

           For most attorneys, international litigation is a rare occurrence.  As the world and its people grow increasingly connected, however, the opportunities for global disputes only increase. Continue reading “International Service of Process – A Peek Behind the Curtain”

Where’s My Money?: The Impact of New Overtime Rules

Illustration of two hands, one coming from the left holding a gold coin with a dollar sign on it; the other hand coming from the right holding a clock. The hands are dark blue and the background is light blue. The coin is gold, the clock is black and white.

Photo Credit: https://www.insperity.com/blog/comp-time-overtime/

By: Alex Townsley
Editor in Chief, American Journal of Trial Advocacy

           Overtime is an idea that factors crucially into some American workers’ budgets while being completely ignored by almost all workers who do not qualify for it.  But, what is overtime, and, more importantly, who qualifies for it?  The answer to the second question will change again in 2020 when the new Department of Labor rules go into effect.[1]   

Continue reading “Where’s My Money?: The Impact of New Overtime Rules”

Executive Orders: What Is the Scope of Executive Authority?

Image of a man holding a felt tip pen and signing a document

Photo credit: https://www.sandiegouniontribune.com/news/nation-world/la-na-pol-executive-orders-2017-story.html

By: Justin Keeton
Member, American Journal of Trial Advocacy

What are Executive Orders?

            Under Article II of the United States Constitution, the President is vested with a wide but vague set of prerogatives that falls under the umbrella of executive power.[1] Continue reading “Executive Orders: What Is the Scope of Executive Authority?”

“We’ve Got Four Stars on Our Shirt”: U.S. Women’s National Team Highlighting Ongoing Pay Discrimination

Photo of the United States' Women’s National Team after winning the 2019 FIFA Women’s World Cup

Photo Credit: https://www.sportingnews.com/us/soccer/news/uswnt-vs-netherlands-live-scores-updates-and-highlights-from-usa-2019-world-cup-final/pny0t70idmdt1ibbghffgysm7.

By: Catherine Collins
Member, American Journal of Trial Advocacy

Introduction

            The United States Women’s National Soccer Team (“USWNT” or “women’s team”) has historically dominated in their realm of competition.  As a team employed and compensated by the U.S. Soccer Federation (“Federation”), the players are discontent with how they have been compensated for their achievements by the Federation. Continue reading ““We’ve Got Four Stars on Our Shirt”: U.S. Women’s National Team Highlighting Ongoing Pay Discrimination”

See No Evil, Hear No Evil, Speak No Evil, Register No Evil Trademarks?: How Iancu v. Brunetti Changed Federal Trademark Law

Photo of Erik Brunetti leaving the Supreme Court of the United States after winning his lawsuit about registration of his trademark for his brand

Photo Credit: J. Scott Applewhite, Photograph of Brunetti leaving the Supreme Court after Oral Arguments for his case regarding the trademark registration status of his brand, in Supreme Court Sides with “Subversive” Clothing Designer in First Amendment Case, The Washington Post (June 24, 2019), https://www.washingtonpost.com/politics/courts_law/supreme-court-sides-with-apparel-maker-who-said-government-violated-first-amendment-by-denying-subversive-clothing-line-trademark/2019/06/24/717eb058-968a-11e9-916d-9c61607d8190_story.html?noredirect=on.

By: Kimberly Massey
Online Editor, American Journal of Trial Advocacy

Introduction

            Trademark registration is one of a few ways trademark owners can receive federal protection for their trademarks.[1]   Continue reading “See No Evil, Hear No Evil, Speak No Evil, Register No Evil Trademarks?: How Iancu v. Brunetti Changed Federal Trademark Law”

Data Security: Protect Client Information Before a Cybersecurity Breach Happens

Image with varying shades of blue pixels and in the middle the word "Cybersecurity" is blue and glowing with various icons surrounding the word representing issues with cybersecurity

By: Sara Jessica Farmer
Senior Associate Editor, American Journal of Trial Advocacy

Cybersecurity breaches are a rising concern among law firms globally.  Lawyers are protectors of sensitive information for their clients.  Hackers want access to this sensitive information to sell to the market.[1]  Continue reading “Data Security: Protect Client Information Before a Cybersecurity Breach Happens”

Measure Fails that Could Have Aligned Oregon with the Rest of the Country

Color photo of a jury box in a courtroom with the judge's bench in the background

Photo Credit: https://suekatz.typepad.com/.a/6a00d8341c7a9753ef01b7c803ecad970b-popup

By: Kaitlyn Chomin
Member, American Journal of Trial Advocacy

In January 2019, a change to the Louisiana Constitution went into effect after Louisiana residents voted to amend the Constitution to no longer allow nonunanimous juries.[1]  This action left Oregon as the only state that allows such verdicts.[2]  Continue reading “Measure Fails that Could Have Aligned Oregon with the Rest of the Country”

Patent Subject Matter Eligibility: Change is Coming

Colorful illustration with a blue background, an open book on a green surface and an illustrative lightbulb floating above the book with cogs attached to the filament of the lightbulb and a dotted line tracing the path.

Photo Credit: https://www.ipwatchdog.com/2018/11/23/idea-patent-invention/id=103526/

By: Whitney Lott
Articles Editor, American Journal of Trial Advocacy

Introduction  

For an invention to be patentable, the patent’s claim must be within the subject matter that is patent eligible.  Congress laid out the eligible subject matter for patenting in 35 U.S.C. § 101: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”[1] Continue reading “Patent Subject Matter Eligibility: Change is Coming”

SORNA: The Collateral Consequence of Being Charged with a Sex Crime

black and white photo of a person's hands and forearms grabbing prison bars

Photo Credit: https://www.bbc.com/news/av/world-us-canada-33511974/why-are-so-many-americans-behind-bars

By: Brittany Wilson
Member, American Journal of Trial Advocacy

In the United States, public outrage towards sex offenders—a reviled group of individuals commonly viewed as dangerous and capable of reoffending—is what led to the enactment of the sex offender registration and notification laws.[1] Continue reading “SORNA: The Collateral Consequence of Being Charged with a Sex Crime”