Recently added articles from Jones Law Review:
Domestic violence, flawed interpretations of 42 U.S.C. (section) 1437(d)(l)(6), sexual harassment in public housing, and municipal violations of the Eighth Amendment: making women homeless and keeping them homeless.
Sep 22, 2008; ... PREFACE Poverty is the worst form of violence. (1) Homeless women accompanied by at least one child comprise the fastest growing segment of America's homeless population. This article examines the great poverty that has befallen so many women in America, focusing ...
You be the judge: avoiding attorney discipline by taking the bench: Ex parte Alabama State Bar.
Sep 22, 2008; ... INTRODUCTION "Lawyers admitted to practice law in [Alabama] ... are subject to the exclusive disciplinary jurisdiction of the Disciplinary Commission and the Disciplinary Board of the Alabama State Bar. ..." (1) In Ex parte Alabama State Bar, the Alabama Supreme Court held that ...
Griffin v. UNOCAL: a solution to the Garrett Conundrum and the end of the last exposure rule.
Sep 22, 2008; ... INTRODUCTION In Griffin v. UNOCAL, the Alabama Supreme Court overruled Garrett v. Raytheon (2) and its progeny. (3) Specifically, it changed the time at which the statute of limitations begins to run in a toxic-substance exposure case. Previously, the statute of limitations ...
The Roberts Court and the death penalty code.
Mar 22, 2008; ... I. The Lion in Winter (1) is a brilliant tale of the deception and treachery that accompanies King Henry II's effort to name the successor to his empire. In one scene, Princes (and brothers) Richard and Geoffrey wait in the dungeon for their father, Henry II, to arrive and kill ...
Racism on our juries: the impossibility of impartiality in capital cases.
Mar 22, 2008; ... "The reality of race relations in this country is such that we simply may not presume impartiality" (1) I. INTRODUCTION Racism in this country is like the elephant in the room that everyone sees but no one dares acknowledge. Perhaps the lack of acknowledgment is due ...
Capital punishment: advocates' deadly combination of inadequacy and misconduct.
Mar 22, 2008; ... "I cannot support a system, which, in its administration, has proven to be so fraught with error and has come so close to the ultimate nightmare, the state's taking of innocent life." (1) I. INTRODUCTION The nexus between the Eighth Amendment's ban on governmental ...
Determining mental retardation in capital defendants: using a strict IQ cut-off number will allow the execution of many that Atkins intended to spare: ex parte State (Smith v. State).
Mar 22, 2008; ... INTRODUCTION In Ex parte State, the Alabama Supreme Court held that for the purposes of determining mental retardation of a defendant facing the death penalty a court must apply the three-prong test set forth in Ex parte Perkins. (1) The holding in Ex parte State follows the ...
Our dirty little secret recording: a history and critique of ethical rules regarding lawyers secretly recording conversations.
Sep 22, 2007; ... I. INTRODUCTION What do Scott Peterson's girlfriend, Lynda Tripp, Richard Nixon, and Jeanine Pirro all have in common? All were participants in scandals which involved the secret recording of conversations. (1) The Pirro scandal is the most recent and interesting example. In ...
Can Jiminy Cricket be silenced? Congressional spending powers, federalism, and the federal refusal clause.
Sep 22, 2007; ... "Now remember, Pinocchio, be a good boy. And always let your conscience be your guide." (1) I. INTRODUCTION The concept of a universal right of conscience forms an important aspect of the liberties upheld and guaranteed within the American constitutional order. The ...
Regulating capital markets: competition, harmonization and cooperation - a theoretical inquiry.
Sep 22, 2007; ... INTRODUCTION International financial transactions have increased dramatically over the last twenty years. (1) Cross-border activities among G7 nations, in the bond and equity markets alone, rose from less than 10 percent of gross domestic product in 1980 to over 140% in 1995, ...
Equal Access to Justice Act cuts off equal access for social security claimants.
Sep 22, 2007; ... INTRODUCTION Directly paying a claimant the attorney fees awarded under the Equal Access to Justice Act (EAJA) (1) deprives Social Security claimants' access to the courts. In Reeves v. Barnhart, the United States District Court for the Middle District of Alabama held that ...
Trott v. Brinks and reimbursement: why Alabama's third-party statute should be amended.
Sep 22, 2007; ... INTRODUCTION In Trott v. Brinks, Inc., the Alabama Supreme Court held that a workers' compensation insurer was not entitled to subrogation of medical benefits in a third-party wrongful-death suit because the deceased employee's estate was not entitled to recover medical ...
A policy decision in the high court: how global warming eroded the standing requirement: Massachusetts v. EPA.
Sep 22, 2007; ... INTRODUCTION A litigant must be properly situated to be entitled to a judicial determination based on the merits of his claim. To have standing, the litigant must demonstrate an actual or imminent concrete and particularized injury that is traceable to the defendant's actions ...
Exclusion of the exclusionary rule: Hudson v. Michigan.
Mar 22, 2007; ... INTRODUCTION In Hudson v. Michigan, the Supreme Court of the United States once again limited the use of the exclusionary rule as a remedy for violations of the Fourth Amendment to the United States Constitution by holding that the rule is inapplicable to violations of the ...
The Fourth Amendment's consent to entry exception: protecting the castle from the co-tenant's consent: Georgia V. Randolph.
Mar 22, 2007; ... INTRODUCTION In Georgia v. Randolph, the United States Supreme Court held that "a physically present co-occupant's stated refusal to permit entry prevails, rendering [a] warrantless search unreasonable and invalid as to him." (1) In Randolph, the Court attempted to draw a fine ...
The Garcetti test: limiting a public employee's freedom of speech and the constitutional implications on academic speech: Garcetti v. Ceballos.
Mar 22, 2007; ... "[T]he government, as an employer, must have wide discretion and control over the management of its personnel and internal affairs. This includes the prerogative to remove employees whose conduct hinders efficient operation and to do so with dispatch." (1) INTRODUCTION ...
Limiting speech at funerals: analysis and proposal for jurisprudence.
Mar 22, 2007; ... INTRODUCTION The members of Westboro Baptist Church (WBC), led by Pastor Fred Phelps, believe that God is punishing America. (1) The church members consist mostly of Pastor Phelps's family, and they believe that America's acceptance of homosexuality and general moral decline is ...
Binding predispute arbitration clauses in Alabama: a checkered past but a solid future.
Sep 22, 2006; ... Any article about binding arbitration in Alabama is likely to bring both positive and negative remarks from readers. Generally speaking, the corporate community in Alabama is pro-arbitration, and the plaintiff's bar is anti-arbitration. However, that generalization does not present a ...
Thou shalt not expunge Mobile Press Register, Inc. v. Lackey.(Alabama)
Sep 22, 2006; ... INTRODUCTION In Mobile Press Register v. Lackey, the Alabama Supreme Court enjoined the Mobile Municipal Court from expunging criminal files and allowed the Mobile Press Register to access criminal records that were previously sealed. (1) Briefly, expungement is the process of ...
The logical conclusion to reasonably calculated notice: actual notice: Jones v. Flowers.
Sep 22, 2006; ... INTRODUCTION "[No State shall] deprive any person of life, liberty, or property without due process of law." (1) In Jones v. Flowers, the United States Supreme Court held that when a state sends notice of a tax sale (2) by certified mail, and it is returned unclaimed, a state ...