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

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

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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

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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”

American Children Are Under Sexual Attack

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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

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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”

Questions Surrounding the Community Caretaker Exception in Light of the Recent SCOTUS Writ of Certiorari Grant

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

          On November 23, 2020, the U.S. Supreme Court granted certiorari to rule on: whether law enforcement’s search of a gun owner’s home while the individual was in the hospital for a suicide evaluation was justified under an exception to the Fourth Amendment.[i]   Continue reading “Questions Surrounding the Community Caretaker Exception in Light of the Recent SCOTUS Writ of Certiorari Grant”

Toxic Tributaries: The Result of Hamstrung Regulation, Lack of Enforcement, and Hasty Permitting of Industrial Discharge Permits

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Written By: Dylan Martin
Member, American Journal of Trial Advocacy

          Pollution, climate change, and environmental regulations have been at the forefront of political and legal debate for years and had reemerged once again throughout the 2020 Presidential campaign. Naturally, depending on the swing of the political pendulum of power in the White House every 4 to 8 years, immense changes and rollbacks of environmental protections come and go with the change in the political tide. According to a recent New York Times analysis, since the beginning of President Trump’s administration in 2016, there have been “100 environmental protections that have been reversed or in the process of being rolled back.”[i] To be fair, even with significant rollbacks of protections there will always be the occasional violation or underenforcement of an environmental regulation. Continue reading “Toxic Tributaries: The Result of Hamstrung Regulation, Lack of Enforcement, and Hasty Permitting of Industrial Discharge Permits”

Creating Precedent in Sex Trafficking Litigation

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Written By: Landon Whatley
Student Materials Editor, American Journal of Trial Advocacy

          Earlier this year, I wrote a blog post giving a brief overview about sex trafficking litigation against hotels and motels circulating the United States.[i]  Section 1595 of the Trafficking Victims Protection Reauthorization Act (“the Act”) provides a private right of action for sex trafficking victims against the traffickers and those who knowingly financially benefited or received any value from the trafficking.[ii]  At the time of my first post, the Judicial Panel on Multi-district Litigation recently denied transfer of twenty-one different actions in twelve different districts to a centralized location. Continue reading “Creating Precedent in Sex Trafficking Litigation”

The Day the Music Died—Can Performing Arts Venues Use Eminent Domain to Save an Industry Shuttered by COVID-19?

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Written By: Caroline Jane Smith
Executive Editor, American Journal of Trial Advocacy

I. Background and Current State of the Performing Arts during the COVID-19 Pandemic

          In April of 2020, live music venues, performing artists, employees of the arts industry, and other performance spaces across the United States joined together to form the National Independent Venue Association (NIVA).[i]  As the COVID-19 pandemic raged throughout the United States, performance spaces were among the first to close and due to social distancing restrictions, will likely be among the last to reopen.  Continue reading “The Day the Music Died—Can Performing Arts Venues Use Eminent Domain to Save an Industry Shuttered by COVID-19?”