Articles by trialjournal

Regulatory Challenges Restricting the Future of U.S. Seafood Production

Written by: Mitchell Reilly Member, American Journal of Trial Advocacy On January 13, 2016, the National Marine Fisheries Service (NMFS) issued a rule implementing a plan to regulate offshore aquaculture in the Gulf of Mexico.[1] This marked the first time that a United States agency implemented a comprehensive regulatory program…


To Expand or Not to Expand: The Liability of Alabama Hospitals for the Negligence of Independent Contractor Physicians

Written by: Alyson Smith Member, American Journal of Trial Advocacy Every lawyer is familiar with the doctrine of vicarious liability. Commonly referred to as “respondeat superior,” this doctrine allows a principal to be held liable for the negligent acts of its agents when a principal-agent relationship exists. This doctrine can even…



Will Alabama’s Second Grandparent Visitation Law Survive a Constitutional Attack?

Written by: Brittany Mercer Member, The American Journal of Trial Advocacy Grandparents. For most, the noun brings fond childhood memories of time well spent filled with laughter and love. This loving relationship between grandparent and grandchild generally stems from a healthy relationship between the parent and grandparent. What happens when this…


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…