Faulkner Law Review
- LEGISLATED RIGHTS IN THE ANGLO-AMERICAN TRADITION.
- THE DUE PROCESS BONA FIDES OF EXECUTIVE SELF-PARDONS AND BLANKET PARDONS.
- JUDICIAL REVIEW AND SUBJECTIVE INTENTIONS.
- THE DUTY OF TECHNOLOGICAL COMPETENCE AND ALABAMA LAWYERS: THE TIME FOR ADOPTION IS NOW.
- The establishment clause and legislative prayer: differentiating tradition from religion: Pelphrey v. Cobb County.
- Judging the "vanishing trial" in the construction industry: the Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada.
- John Jay and religious liberty.
- Natural rights in Noahic perspective.(Faulkner Law Symposium: From the Magna Carta to the March from Selma to Montgomery)
- Religious Freedom and the Crisis Over Conservative Jurisprudence.
- Teach this class!(inclusion of Pretrial Practice courses in law school curricula)
- Monarchist and democratic Christian perspectives preceding and subsequent to the reformation: a survey of selected authors.
- Not only the doctor's dilemma: the complexity of conscience in medicine.
- The "vanishing trial": a Hayekian perspective.(decline of civil jury trials)
- ADAMS AND JEFFERSON: AMERICAN RELIGION AND THE ANCIENT CONSTITUTION.(John Adams and Thomas Jefferson)
- Taking the moral high road: why embryonic stem cell research should be strictly regulated.
- Garner v. Gerrish and the renter's life estate: teaching a new concept of "home.".
- Courtroom wars: Pennsylvania judges and popular constitutional discourse in the Civil War North.
- LET THE LAW BE AN INSTRUMENT WHERE IT MAY: A RESPONSE TO PROFESSOR MACLEOD.(response to article by Adam J. MacLeod in this issue, p.1)
- ALABAMA PRISONS: CHALLENGES AND OPPORTUNITIES FOR REFORM.
- A Madisonian vision of religious liberty.
- Speak, or be sentenced: the high price of pre-arrest silence: Salinas v. Texas.
- Electoral college reform and voting rights.
- The right to remedy by due course of law - a historical exploration and an appeal for reconsideration.
- Are religious arbitration panels incompatible with law? Examining "overlapping jurisdictions" in private law.(Faulkner Law Review Symposium)
- Legislated rights: from Magna Carta to Montgomery March.
- MOST BITING LAWS: SHAKESPEARE'S ANALYSIS OF THE LEGAL PROFESSION AS A TOOL FOR REDRESSING THE CRISIS IN ATTORNEY ADVERTISING.
- Stripped: congress and jurisdiction stripping.
- Turmoil surrounding the self-incrimination clause: why the Constitution does not forbid your silence from speaking volumes.
- ANIAH'S LAW: A PRACTICAL ANALYSIS UNDER ALABAMA LAW.(pretrial detention)
- SHOOTING BLANKS: RONALD DWORKIN AND CALIFORNIA'S UNSCRUPULOUS HANDGUN POLICY.
- Arbitration disarms the U.S. government of its greatest weapon in the war against fraud: The False Claims Act.
- POLICING FOR PROFIT: HOW URBAN MUNICIPALITIES' FOCUS ON REVENUE HAS UNDERMINED LAW ENFORCEMENT LEGITIMACY.
- The Obama election and a blacker America: lawfully creating tension for change.
- Kim Davis and the quest for a judicial accommodation.
- Facial challenges and the Commerce Clause: rethinking Lopez and Morrison.
- Parenting coordination in Alabama: the current status.
- Law, religion, and culture intertwined: a case study in the development of American Jewish law.
- What should the scales of justice balance? Historical aspects of the religious liberty debate.
- Is the right to bear arms an example of "unpopular constitutionalism"? Comparing modern and historical opinions on the Second Amendment.
- Divided by design: reconciling the AEMLD's 'mixed' design-defect approach.
- NSA surveillance and interference with citizens' property rights.
- Enforcing non-compete agreements in Alabama.
- The path of the law school: three implementable law school reforms.(III. Recommendations B. Recommendation Two: Alternative Learning Environments through Conclusion, with footnotes, p. 377-396)
- Shackles before sentencing: the global positioning system as a means of pretrial restraint.
- Absent biological fathers in adoption: noticing the nuance of notice.
- Rethinking the law, not abandoning it: a comment on "overlapping jurisdictions".(Faulkner Law Review Symposium)
- Conscience as contract. Conscience as covenant.(Faulkner Law Review Symposium)
- Southern fried mediation: a regional recipe for success when mediating in the Southern United States.
- The possibility of private rights and duties.
- THE CONSTITUTION ENTIRE: AN ESSAY ON LEGISLATED RIGHTS.
- The Tuskegee Syphilis Experiment, social change, and the future of bioethics.
- Echoes of the impact of Webb v. McGowin on the doctrine of consideration under contract law: some reflections on the decision on the approach of its 75th anniversary.
- Textualism after Antonin Scalia: tribute to the late great justice.
- EXECUTIVE DYNAMISM IN HEALTHCARE: A RICH HISTORY OF THE EXECUTIVE BRANCH AND ITS USE OF POWER IN PUBLIC HEALTH AND ACCESS TO CARE INITIATIVES.
- WHEN MY OPT OUT IS YOUR TRIGGER: ODERBERG'S ARGUMENT WITH THE RELIGIOUS FREEDOM SINCERITY TEST.
- THE LEGISLATURE: A VITAL PART OF THE APPARATUS OF CIVIL RIGHTS.
- 1918-2018: 100 YEARS OF UNNATURAL LAW OF JUSTICE OLIVER WENDELL HOLMES.
- Sexting: risky or (f)risky? An examination of the current and future legal treatment of sexting in the United States.
- Closely held corporations are persons: the Supreme Court's correct and intuitive holding in Burwell v. Hobby Lobby Stores, Inc.
- OF FOXES AND HEN HOUSES: LEGISLATED RIGHTS AND AMERICAN FOUNDING ERA THOUGHT ABOUT LEGISLATIVE AUTHORITY TO DEFINE THE SCOPE OF FUNDAMENTAL RIGHTS.
- GOOGLING A MISTRIAL: ONLINE JUROR MISCONDUCT IN ALABAMA.
- AUGUSTINIAN PERSPECTIVES ON CHURCH AND STATE RELATIONS IN MODERN AMERICA.
- THE MERCY OF TERMINATION OF PARENTAL RIGHTS WITH INCARCERATED PARENTS.
- Magna Carta's freedom for the English church.
- ORIGINALISM'S PROMISE: AN INTENTIONALLY THIN, NATURAL LAW ACCOUNT OF OUR FUNDAMENTALLY JUST, COMPLEX, CONSTITUTIONAL SYSTEM.
- The corrective careers of concurrences and dissents.
- Conscience legislation, the personhood movement, and access to emergency contraception.
- LEGAL FICTIONS ALL THE WAY DOWN?(response to article by Adam J. MacLeod in this issue, p.1)
- Executive compensation: in a culture of greed and selfishness is there room for a theory of 'enough'.
- Innovation and constraints on tax shelters.
- First Amendment protection for student expression that occurs online and off-campus.
- PRESIDENTS AS TRADITION CREATORS AND TRADITION KEEPERS.
- Damages for pain and suffering and emotional distress in products liability cases involving strict liability and negligence.
- The pedagogy of "yes we can": teaching reformative legal justice in the age of Obama.
- Bad faith breach of contract in the insurance context and in the oil and gas context: a comparison.
- The judge as digital citizen: pros, cons, and ethical limitations on judicial use of new media.
- Reviving the carefully limited exception: from jail to GPS bail.
- TRAINER RESPONSIBILITY RULES IN THOROUGHBRED RACING.
- The path of the law school: three implementable law school reforms.
- A return to Dred Scott? How recent Supreme Court jurisprudence reflects Dred Scott's legal reasoning and fails to protect the most vulnerable in today's society.
- The Obama effect: a pipeline issue.
- A SHEEP IN WOLF'S CLOTHING: THE STORY OF WHY CONSERVATIVES BEGAN TO LOOK BEYOND ORIGINALISM.(Substantive Due Process: Critical Safeguard of Fundamental Rights, Flawed Doctrine or Illegitimate Fiction)
- Coming to America: how restrictive and arbitrary immigration laws burden the artistic community.
- Picking the supremes: the impact of money, politics, and influence in judicial elections.(I. Introduction through II. The Historical Development of Judicial Selection Methods: The Push for Independence B. The History and Mechanics of Legislative Elections in South Carolina and Virginia, p. 73-113)
- Educating America's homeless youth through reinforcement of the McKinney Vento Homeless Assistance Act.
- The zero-tolerance discipline plan and due process: elements of a model resolving conflicts between discipline and fairness.
- Digital division: levies as an alternative to traditional copyright enforcement mechanisms.
- Faulkner law--Fred Gray civil rights symposium--February 15, 2013.
- From Magna Carta to the Montgomery March: common law and civil rights.
- "NO GREATER OR MORE ENDURING FAME": THOMAS GOODE JONES AND THE ADOPTION OF AMERICA'S FIRST CODE OF LEGAL ETHICS.
- Change-agents: beating back the dark caste of the law.
- GROUP OWNERSHIP AND THE ENDS OF LEGAL FICTIONS.
- SUBSTANTIVE DUE PROCESS AND THE ORIGINAL MEANING OF THE FOURTEENTH AMENDMENT'S DUE PROCESS CLAUSE.(Substantive Due Process: Critical Safeguard of Fundamental Rights, Flawed Doctrine or Illegitimate Fiction)
- LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS: DID THE FOUNDERS REALLY MEAN THAT?
- Reforming 28 U.S.C. section 1407 to fix Lexecon would not only conserve resources, but also help plaintiffs regain bargaining power to reach better settlements.
- Origin stories matter: getting right with religious freedom.
- LET THE PARENTS DECIDE: ALABAMA PARENTS' RIGHT TO DECIDE WHETHER TO MASK THEIR CHILDREN OR NOT IN THE AGE OF COVID.
- R2DFORD: autonomous vehicles and the legal implications of varying liability structures.
- Reviving the carefully limited exception: from jail to GPS bail.(global positioning system)(Introduction through II, B.3. How it works today: the mechanics of our current bail system, p. 59-87)
- ORIGINALISM'S FALSE PROMISE.
- THE LEGAL RESISTANCE.
- Davis v. United States: why the Supreme Court should preserve judicial integrity and prevent further erosion of the exclusionary rule.
- NATURAL LAW ORIGINALISM.
- Products liability for financial products: judicial insurance for the insured.
- Scrutinizing 'strict scrutiny' judicial review for the right to bear arms.
- Who governs the family? Marriage as a new test case of overlapping jurisdictions.(Faulkner Law Review Symposium)
- A pragmatic approach to judicial review of informal guidance documents.
- REPLY TO RESPONDENTS.(response to article by Hunter Baker and others in this issue, p. 59, 67, 85)
- THE KEYS TO THE KINGDOM: WHEN CONGREGATIONS SPLIT UP, WHO KEEPS THE CHURCH?(response to article by Adam J. MacLeod in this issue, p.1)
- The real lethal punishment: the inadequacy of prison health care and how it can be fixed.
- Reshaping ADR strategies for today's global engineering and construction market.
- Oliver Wendell Holmes Jr. is the use of calling Emerson a pragmatist: a brief and belated response to Stanley Cavell.
- The struggle for justice in the civil rights march from Selma to Montgomery: the legacy of the Magna Carta and the common law tradition.
- Keeping up with the Joneses: the NSA's bulk telephony metadata program and its relationship with the Katz privacy doctrine in the 21st century.
- Specialty plates: who is speaking? American Civil Liberties Union of Tennessee v. Bredesen.
- The disincorporation proclamation: emancipating the establishment clause from the Fourteenth Amendment.
- ALABAMA OBSCURA: BARNETT V. JONES, GLASS V. CITY OF MONTGOMERY, AND CORPUS LINGUISTICS: A POTENTIAL PATH TO UNCLOUDING THE ORIGINAL MEANING OF SECTION 105 OF THE CONSTITUTION OF ALABAMA OF 1901.
- CAN YOU BE A THOMIST AND A TEXTUALIST? A NATURAL LAW DEFENSE OF JUSTICE SCALIA'S JURISPRUDENCE.
- THE REVOLUTIONARY IMMIGRATION CYCLE?
- LED BY THE SPIRIT: INTEGRATING SOCIAL SCIENCE AND LAW TO BETTER UNDERSTAND THE IMPACT OF JURORS' RELIGIOUS BELIEFS.
- Administration of justice or the preservation of political office: the unconstitutionality of judicial override in Alabama death penalty cases.
- Lawyering to the lowest common denominator: Strickland's potential for incorporating underfunded norms into legal doctrine.
- Share transfer restrictions in close corporations as mechanisms for intelligible corporate outcomes.
- PRESIDENT DONALD J. TRUMP AND THE POTENTIAL ABUSE OF THE PARDON POWER.
- APPEALING CHARACTER: ELIMINATING DISPARITIES IN RULE 404(b) APPEALS.(Federal Rules of Evidence)
- Picking the supremes: the impact of money, politics, and influence in judicial elections.(II. The Historical Development of Judicial Selection Methods: The Push for Independence C. Beyond Beatty - Other Impacts and Implications through Appendix 3, with footnotes, p. 113-136)
- Democracy, the Supreme Court, and our two constitutions.
- The (unified?) fiduciary theory of judging: hedgehogs, foxes, and chameleons.
- Payday lending: a thin line between love and hate.
- Negotiating with difficult people.
- Fred Gray: life, legacy, lessons.
- LEGISLATIVE AUTHORITY AND JUDICIAL POWER: A REVIEW OF 'LEGISLATED RIGHTS: SECURING HUMAN RIGHTS THROUGH LEGISLATION'.
- SEVEN PROBLEMS WITH ANTIDISCRIMINATION DUE PROCESS.(Substantive Due Process: Critical Safeguard of Fundamental Rights, Flawed Doctrine or Illegitimate Fiction)
- In defense of the civil law: a response to Hayek.
- Turmoil surrounding the self-incrimination clause: why the Constitution does not forbid your silence from speaking volumes.
- The right to remedy by due course of law - a historical exploration and an appeal for reconsideration.
- SUBSTANTIVE DUE PROCESS AS AN IMPERFECT, INVALUABLE SOURCE OF JUDICIAL REVIEW.(Substantive Due Process: Critical Safeguard of Fundamental Rights, Flawed Doctrine or Illegitimate Fiction)
- Attention boys and girls: the Tinker schoolhouse gates may extend to your cell phones, Macs, and PCS - how the Internet is redefining public school discipline.
- Protecting victims and their children through supervised visitation: a study of domestic violence injunctions.
- COMMENT: TORRES V. TEXAS: STATE SOVEREIGN IMMUNITY FALLS TO CONGRESS'S WAR POWERS BUT STATES CAN STILL MUSTER A USERRA DEFENSE.(Uniformed Services Employment and Reemployment Rights Act of 1994)
- The economic effects of judicial selection.
- REFORM OF THE CRIMINAL JUSTICE SYSTEM FOR EFFECTIVELY MAINTAINING PARENTAL RIGHTS AND FAMILIAL BONDS DURING PARENTAL INCARCERATION.
- A new automated class of online dispute resolution: changing the meaning of computer-mediated communication.
- Judicial cooperation and legal interpretation in European Union tax law.
- Attorney Fred Gray: another drum major for justice.
- Overruling the overwhelming-necessity standard for modifications of child custody in Alabama: Ex parte Cleghorn.
- Taking wrongful death seriously: Dworkinian interpretivism and the common law right of action for wrongful death.
- Measuring the value of collegiality among law professors.
- WHAT HAS ATHENS TO DO WITH PHILADELPHIA?
- Mental health innovation vs. psychiatric malpractice: creating space for "reasonable innovation".
- Legislating the Free Exercise Clause: Congressional Power and the Religious Land Use and Institutionalized Persons Act of 2000.
- The Johns agree: Rawls, Finnis, and Locke on open immigration from Mexico to the United States.
- Dialogical Personhood vs. Autonomy in End-of-Life Decision: A Suggestion for Alabama Lawmakers.
- Bonhoeffer's dilemma.(analyzing Dietrich Bonhoeffer's life and his theology of Christian duty when faced with tyranny)
- Cultural sensitivities in international construction arbitration.
- The meaning of the Constitution and the selection of judges.
- Reason and public discourse: what can we learn from Socrates?
- THE LEGAL RELATIONSHIP OF THE ANGLO-SAXONS AND THE VIKINGS.