Articles by trialjournal

One-Way Loop Hole in Class Action Certification Appeal

Written by: Charlie Hearn Associate Editor, American Journal of Trial Advocacy The U.S. Supreme Court granted certiorari in Microsoft Corporation v. Baker[1] regarding “[w]hether a federal court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice.”[2] By statute, “[t]he…


Drones: An Aerial View of the Future of Unmanned Aircraft Systems

Written By: Victoria Burnett Member, American Journal of Trial Advocacy History Unmanned Aircraft Systems (UAS), commonly known as “drones,” are increasingly prevalent throughout the world.  Although drones are subject to a few basic regulations by the Federal Aviation Administration, the law on drones is largely undeveloped.  With few civilian or commercial…


Judges Seek Stability in the World of Social Media and Evolving Expectations Surrounding Today’s Preferred Medium

Written by: Brooke Boucek Member, American Journal of Trial Advocacy With social media in the headlines concerning President Donald Trump, people are talking about the standard to which we hold our president and his public opinions. Many people, including President Trump, believe that his active twitter account and tremendous following contributed…


American Cities Combat the Surveillance State: Municipal Ordinances Lay Out Strict Rules Governing the Use of Surveillance Gear

Written by: Zach Evans Research & Writing Editor, American Journal of Trial Advocacy Oakland, California is the latest of American cities to work towards passing a new ordinance constricting the use of surveillance technology.[1] Earlier this month, the Oakland Privacy Advisory Commission passed its “Surveillance and Community Safety Ordinance,” leaving the…



Article Teaser: Applying the Deterrence Rationale of the Exclusionary Rule to the “Good Faith” Exception: A Way Forward

Applying the Deterrence Rationale of the Exclusionary Rule to the “Good Faith” Exception: A Way Forward By Steven N. Gosney[1] The most recent Supreme Court pronouncement on the exclusionary rule and the “good faith exception” to that rule came in Herring v. United States, 555 U.S. 135 (2009). According to…



Affirmative Unsatisf’Action’

By: Kylee Berger Research & Writing Editor, American Journal of Trial Advocacy After eight years of litigation and a shocking remand from the United States Supreme Court (“SCOTUS”) back down to a Texas Federal District Trial Court, what might be the Country’s most anticipated affirmative action lawsuit, Fisher v. University of…