Articles by trialjournal
When the Car Drives Itself, Who is Liable?
By: Callie Brister Member, American Journal of Trial Advocacy On March 18, 2018, Elaine Herzberg, was struck and killed by a self-driving Uber car in Tempe, Arizona.[1] The accident is believed to be the first pedestrian fatality caused by self-driving technology.[2] Although the car, a Volvo XC90, had a safety…
Initial Offerings of Digital Currencies to be Treated as Money Transmitters
Written by: Caleb A. Faulkner Volume 42 Editor-in-Chief, American Journal of Trial Advocacy A new challenge recently arose for financial institutions dealing with virtual currencies.[1] The United States Treasury Department has now indicated that laws governing money transmitters will be enforced in regard to Initial Coin Offerings (“ICOs”).[2] Until the…
Deregulating Net Neutrality: The States’ Response
By: Ellen Larson Associate Editor, American Journal of Trial Advocacy On December 14, 2017, the Federal Communications Commission (“FCC”), in an order titled Restoring Internet Freedom, set to be effective April 23, 2018, voted to reverse the regulatory approach it adopted in its 2015 order titled Protecting and Promoting the…
11 U.S.C. §546(e) – Can You Really Avoid That Transfer? – How a Fight Between Two “Racinos” Led to SOME Clarity Within the Bankruptcy Code.
Written by: Austin Boyd Member, American Journal of Trial Advocacy Introduction: When a debtor is in bankruptcy, a trustee or other representative is placed in charge of the debtor’s estate. One of the most fundamental purposes of the bankruptcy code is “equality of distribution among the debtor’s creditors by returning…
No Constitutional Right to Affordable Bail – Where Do We Go From Here?
Written By: Jonathan Brown Member, American Journal of Trial Advocacy Contrary to popular belief, the United States Constitution does not guarantee a right to affordable bail.[1] In an attempt to avoid locking people up because of their lack of wealth, a person is guaranteed the right to have their bail…
The Death Penalty and the Terminally Ill – What Happens After a Botched Execution?
Written By: Suzanne Norman Member, American Journal of Trial Advocacy On February 22, 2018, following 31 years of legal battles, Lee Doyle Hamm was sentenced to death by a Cullman County jury.[1] The State of Alabama attempted to administer its combination of lethal drugs to Hamm, but doctors were unable…
How will the New Tax Law Affect Couples Progressing Through a Divorce?
Written By: Haleigh Chastain Member, American Journal of Trial Advocacy On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act that provided permanent tax breaks to corporations, temporarily cut the tax rates for individuals, and repealed the Affordable Care Act’s individual mandate.[1] There is no…
To Speak, or Not to Speak: Is Silence a Breach of Fiduciary Duty?
Written By: Anthony Anello Member, American Journal of Trial Advocacy The infamous rule 10b-5, better known as the “Employment of Manipulative and Deceptive Practices” act, was created in an attempt to make investing in securities safer.[1] Rule 10b-5 of the Securities Exchange Act of 1934 deems it illegal for any…
The Constitutionality of Alabama’s Workers’ Compensation Statute
Written By: Charlie Smith Member, American Journal of Trial Advocacy On May 8, 2017, in Clower v. CVS Caremark Corp.,[1] Judge Pat Ballard of the Circuit Court of Jefferson County, Alabama, struck down the current Alabama Workers’ Compensation Act (“the Act”) as unconstitutional.[2] In so ruling, Judge Ballard found two…
A Picture is Worth a Thousand Words 🙂
Written By: Mary Margaret Clark Member, American Journal of Trial Advocacy There is something happening that very few in the legal profession saw coming: emojis. Tiny pictures of facial expressions used in text messages and social media are now becoming the subject of legal disputes.[1] The lawsuits involving the images…
American Journal of Trial Advocacy 