Has the Alabama Senate Missed the Jackpot?

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https://www.al.com/news/2019/04/lottery-in-alabama-will-it-finally-happen-heres-what-you-need-to-know.html (last visited July 22, 2021). 

Written By: Savannah Nixon 

Managing Editor, American Journal of Trial Advocacy 

            At the beginning of March, Republican Senator Del Marsh proposed a constitutional amendment to allow lottery and casinos in the state of Alabama.[1]  However, the proposal fell short by only two votes, gaining 19 out of the required 21 to get the proposed constitutional amendment through the Senate. [2]  19 senators voted in favor of the bill, while 13, all Republicans, opposed the proposal. [3]  The proposal was an attempt to get the issue of gambling in front of Alabama voters for the first time since 1999.[4]  But the questions remain, why did the legislature reject the amendment, and what does this mean for the state of Alabama? Continue reading “Has the Alabama Senate Missed the Jackpot?”

Is Your Eye Makeup “Not Intended for the Eye Area”?

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https://tommybeautypro.wordpress.com/2013/01/05/makeup-101-colour-theory-make-up-artistry/ (last visited July 15, 2021).

Written By: Mickala Lewis 

Research and Writing Editor, American Journal of Trial Advocacy

          Two class actions against Huda Beauty were recently consolidated in the Central District of California.[1]  Huda Beauty is a cosmetics company that sells over 140 different products and brings in over 250 million in sales annually.[2] In 2019, Huda Beauty released Neon Obsession, a line of three different “pressed pigment palettes.”[3]  Plaintiffs purchased Neon Obsession products from Huda Beauty, believing the products to be eyeshadow palettes.[4]  However, after applying the products to their eyes, they experienced eye irritation, redness, and itchiness that lasted for several days.[5]  They also experienced stained the skin around their eyes where they applied the product.[6]  Upon a closer examination of the packaging, they discovered a disclaimer on the inner page of the back label that read, “not intended for the eye area.” Continue reading “Is Your Eye Makeup “Not Intended for the Eye Area”?”

I’m Not Delusional You Are: A Push for Court-Appointed Guardianship Reform

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https://www.huffpost.com/entry/court-appointed-guardian-system-failing-elderly_n_59d3f70be4b06226e3f44d4e (last visited June 24, 2021). 

Written By: Claire Young

Member, American Journal of Trial Advocacy

          They say you can tell a lot about a culture by how they treat their dead and dying.  Well, if that is true—I have some bad news for us, America.  That bad news specifically applies to the elderly who are, due to their lack of living relatives or a trustworthy support system, ripe targets for abuse and exploitation.  This article will discuss the current affairs of court-appointed guardianship programs for the elderly and why the system is in need of help.    Continue reading “I’m Not Delusional You Are: A Push for Court-Appointed Guardianship Reform”

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

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?

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.

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

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

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”

American Children Are Under Sexual Attack

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

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”