Articles by trialjournal


Deadly Discrimination Exemplifies America’s Ongoing Capital Punishment Dispute: Buck v. Davis

Written by: Megan Seaton Member, American Journal of Trial Advocacy The death penalty is a polarizing topic of debate. It always has been, and likely always will be, a controversial moral dispute for many. Nonetheless, even those with basic legal knowledge agree that defense counsel should not knowingly offer evidence…




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…