The Death Penalty: When is It Considered Cruel and Unusual Punishment?

Photo Credit: https://www.nytimes.com/2019/03/28/us/politics/texas-execution-buddhist-inmate.html?module=inline

By: Justin Keeton
Member, American Journal of Trial Advocacy

Since the beginning of this year, the Supreme Court has been sharply divided on the issue of the death penalty and how it relates to the Eighth Amendment’s prohibition of cruel and unusual punishment. Continue reading “The Death Penalty: When is It Considered Cruel and Unusual Punishment?”

Why do Emerging Sports Leagues Fail?

Photo Credit: https://www.sportingnews.com/us/aaf/news/aaf-timeline-explaining-events-football-league/d2tyzb8ybqjj1o48b7guz6s7u

By: Dylan Scilabro
Articles Editor, American Journal of Trial Advocacy

Baseball has tried, football has tried, and basketball has tried. All three sports have attempted to offer an alternative to the major leagues, and they have all failed. But, why? Continue reading “Why do Emerging Sports Leagues Fail?”

Catching Feelings or Catching Felonies?

Photo Credit: https://phys.org/news/2018-07-catfish-people-onlineit-money.html

By: Kaitlyn Chomin
Member, American Journal of Trial Advocacy

In the age where the internet is an integral part of our everyday lives, a catfish is no longer just a whiskery animal that lurks in the depths of a fresh water lake. Catfishing also “refers to a person who sets up a false social networking profile for deceptive purposes.”[1] Continue reading “Catching Feelings or Catching Felonies?”

Facial Recognition Software: Is the Technology an Improvement to Society or Just Another Way to Keep Track of You?

Photo Credit: https://www.techguruit.com/top-8-ways-facial-recognition-software-used-today/

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

The new trend in technology is facial recognition software.[1] Taylor Swift used the software at her concert to look out for stalkers.[2] Continue reading “Facial Recognition Software: Is the Technology an Improvement to Society or Just Another Way to Keep Track of You?”

First Time DUI Convictions in Alabama

Photo Credit: http://www.dracutpersonalinjury.com/rights-hit-drunk-driver/

By: Jordan Godwin
Interim Business Committee Chair, American Journal of Trial Advocacy

Driving under the influence of drugs or alcohol is a serious crime that the State of Alabama does not take lightly. Generally, a person cannot be in “physical control” of a vehicle if: (1) a person’s blood has 0.08% or more by weight of alcohol;[1] Continue reading “First Time DUI Convictions in Alabama”

SCOTUS Stays Inconsistently?: The Supreme Court’s Seemingly Contradictory Decisions Regarding Two Death-Row Inmates’ Requests

Photo Credit: https://reason.com/wp-content/uploads/assets/mc/cj.ciaramella%40reason.com/execution-chamber856.jpg

By: Lauren Wiggins
Research and Writing Editor, American Journal of Trial Advocacy

On February 6, 2019, the United States Court of Appeals for the Eleventh Circuit entered an emergency stay for the execution of Dominique Ray.[1] Continue reading “SCOTUS Stays Inconsistently?: The Supreme Court’s Seemingly Contradictory Decisions Regarding Two Death-Row Inmates’ Requests”

Frank v. Gaos: Is the Cy Pres Legal Doctrine Appropriate in Class Action Lawsuits?

Photo Credit: https://mashable.com/2012/12/09/apple-google-kodak-patents/#CB0topbhtuqV

By: Ellen Larson
Associate of Product Development and Marketing, American Journal of Trial Advocacy

          A case on the United States Supreme Court docket this fall is Frank v. Gaos.[1] Frank will address the appropriateness of a district court’s approval of settlement funds in a class action lawsuit against Google to go to non-party charitable institutions, rather than class members, under the cy pres legal doctrine.[2] Continue reading “Frank v. Gaos: Is the Cy Pres Legal Doctrine Appropriate in Class Action Lawsuits?”

Social Media: The Constitution and Copyrights

Photo Credit: https://www.huffpost.com/entry/12-ways-to-improve-your-startups-social-media-marketing_b_5a2e0ee6e4b022ec613b8416

By: Elizabeth Hosmer
Member, American Journal of Trial Advocacy

            Social media has grown exponentially into a basic part of everyday American life, and it has become increasingly difficult to find someone who is “unplugged” and without some sort of social media account.[1] Continue reading “Social Media: The Constitution and Copyrights”

Permitless Carry: The Rapid Expansion of Concealed Carry across America

Photo credit: https://www.canva.com/photos/misc/MADGxzuSiLs-black-and-gray-semi-automatic-pistol-near-holster/

By: Bobby McNeill
Member, American Journal of Trial Advocacy

          On March 11, 2019, the state of Kentucky became the 16th state to enact legislation implementing permitless carry, also known as “constitutional carry.”[1] Kentucky’s legislation imposes no formal application process, requiring only that a person seeking to carry a concealed firearm be 21 years of age and “otherwise able to lawfully possess a firearm.”[2] This legislation represents a growing trend in which many states are scaling back their regulation of the concealed carry of firearms. Typically, under constitutional carry laws, those wishing to conceal and carry a firearm may do so without submitting an application, undergoing a background check, obtaining a permit, or taking any mandatory training courses. Continue reading “Permitless Carry: The Rapid Expansion of Concealed Carry across America”

Full Moon, Full Breakfast, and Full Costs

Photo Credit: Mark Theoharis, How Much Are Legal Fees? – Costs of Hiring Different Types of Lawyers, Money Crashers, https://www.moneycrashers.com/legal-fees-hiring-lawyer-costs (last visited Mar. 20, 2019).

By: Gray Gilmore
Associate Editor, American Journal of Trial Advocacy

Because of the high cost of litigation, Congress allows for a party to recover costs as awards. Specifically, there are six categories of litigation expenses that qualify as costs, and parties are limited to these categories unless another federal statute provides otherwise.[1] Nowhere in the general costs statute allows for a cost award to include litigation expenses, such as jury consulting, expert witnesses, and e-discovery.[2] Continue reading “Full Moon, Full Breakfast, and Full Costs”