Faulkner Law Review
- THE LEGISLATURE: A VITAL PART OF THE APPARATUS OF CIVIL RIGHTS.
- THE DUTY OF TECHNOLOGICAL COMPETENCE AND ALABAMA LAWYERS: THE TIME FOR ADOPTION IS NOW.
- Lawyering to the lowest common denominator: Strickland's potential for incorporating underfunded norms into legal doctrine.
- The establishment clause and legislative prayer: differentiating tradition from religion: Pelphrey v. Cobb County.
- THE LEGAL RESISTANCE.
- Enforcing non-compete agreements in Alabama.
- The economic effects of judicial selection.
- Fred Gray: life, legacy, lessons.
- What should the scales of justice balance? Historical aspects of the religious liberty debate.
- SUBSTANTIVE DUE PROCESS AND THE ORIGINAL MEANING OF THE FOURTEENTH AMENDMENT'S DUE PROCESS CLAUSE.
- SEVEN PROBLEMS WITH ANTIDISCRIMINATION DUE PROCESS.
- Divided by design: reconciling the AEMLD's 'mixed' design-defect approach.
- Oliver Wendell Holmes Jr. is the use of calling Emerson a pragmatist: a brief and belated response to Stanley Cavell.
- Arbitration disarms the U.S. government of its greatest weapon in the war against fraud: The False Claims Act.
- John Jay and religious liberty.
- AUGUSTINIAN PERSPECTIVES ON CHURCH AND STATE RELATIONS IN MODERN AMERICA.
- The zero-tolerance discipline plan and due process: elements of a model resolving conflicts between discipline and fairness.
- NATURAL LAW ORIGINALISM.
- SHOOTING BLANKS: RONALD DWORKIN AND CALIFORNIA'S UNSCRUPULOUS HANDGUN POLICY.
- OF FOXES AND HEN HOUSES: LEGISLATED RIGHTS AND AMERICAN FOUNDING ERA THOUGHT ABOUT LEGISLATIVE AUTHORITY TO DEFINE THE SCOPE OF FUNDAMENTAL RIGHTS.
- The right to remedy by due course of law - a historical exploration and an appeal for reconsideration.
- ALABAMA PRISONS: CHALLENGES AND OPPORTUNITIES FOR REFORM.
- POLICING FOR PROFIT: HOW URBAN MUNICIPALITIES' FOCUS ON REVENUE HAS UNDERMINED LAW ENFORCEMENT LEGITIMACY.
- Natural rights in Noahic perspective.
- CAN YOU BE A THOMIST AND A TEXTUALIST? A NATURAL LAW DEFENSE OF JUSTICE SCALIA'S JURISPRUDENCE.
- Conscience as contract. Conscience as covenant.
- Payday lending: a thin line between love and hate.
- Law, religion, and culture intertwined: a case study in the development of American Jewish law.
- Is the right to bear arms an example of "unpopular constitutionalism"? Comparing modern and historical opinions on the Second Amendment.
- ADAMS AND JEFFERSON: AMERICAN RELIGION AND THE ANCIENT CONSTITUTION.
- THE REVOLUTIONARY IMMIGRATION CYCLE?
- Teach this class!(inclusion of Pretrial Practice courses in law school curricula)
- Attorney Fred Gray: another drum major for justice.
- Keeping up with the Joneses: the NSA's bulk telephony metadata program and its relationship with the Katz privacy doctrine in the 21st century.
- 1918-2018: 100 YEARS OF UNNATURAL LAW OF JUSTICE OLIVER WENDELL HOLMES.
- 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 right to remedy by due course of law - a historical exploration and an appeal for reconsideration.
- Coming to America: how restrictive and arbitrary immigration laws burden the artistic community.
- Kim Davis and the quest for a judicial accommodation.
- Not only the doctor's dilemma: the complexity of conscience in medicine.
- Picking the Supremes: the impact of money, politics, and influence in judicial elections.
- Monarchist and democratic Christian perspectives preceding and subsequent to the reformation: a survey of selected authors.
- LED BY THE SPIRIT: INTEGRATING SOCIAL SCIENCE AND LAW TO BETTER UNDERSTAND THE IMPACT OF JURORS' RELIGIOUS BELIEFS.
- Educating America's homeless youth through reinforcement of the McKinney Vento Homeless Assistance Act.
- ORIGINALISM'S FALSE PROMISE.
- Reviving the carefully limited exception: from jail to GPS bail.
- The possibility of private rights and duties.
- The Obama election and a blacker America: lawfully creating tension for change.
- 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.
- Rethinking the law, not abandoning it: a comment on "overlapping jurisdictions".
- Religious Freedom and the Crisis Over Conservative Jurisprudence.
- In defense of the civil law: a response to Hayek.
- The disincorporation proclamation: emancipating the establishment clause from the Fourteenth Amendment.
- Products liability for financial products: judicial insurance for the insured.
- Administration of justice or the preservation of political office: the unconstitutionality of judicial override in Alabama death penalty cases.
- Change-agents: beating back the dark caste of the law.
- Scrutinizing 'strict scrutiny' judicial review for the right to bear arms.
- Legislated rights: from Magna Carta to Montgomery March.
- Davis v. United States: why the Supreme Court should preserve judicial integrity and prevent further erosion of the exclusionary rule.
- Who governs the family? Marriage as a new test case of overlapping jurisdictions.
- 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.
- R2DFORD: autonomous vehicles and the legal implications of varying liability structures.
- THE DUE PROCESS BONA FIDES OF EXECUTIVE SELF-PARDONS AND BLANKET PARDONS.
- SUBSTANTIVE DUE PROCESS AS AN IMPERFECT, INVALUABLE SOURCE OF JUDICIAL REVIEW.
- Bad faith breach of contract in the insurance context and in the oil and gas context: a comparison.
- Garner v. Gerrish and the renter's life estate: teaching a new concept of "home.".
- Taking the moral high road: why embryonic stem cell research should be strictly regulated.
- The Obama effect: a pipeline issue.
- A SHEEP IN WOLF'S CLOTHING: THE STORY OF WHY CONSERVATIVES BEGAN TO LOOK BEYOND ORIGINALISM.
- Courtroom wars: Pennsylvania judges and popular constitutional discourse in the Civil War North.
- The meaning of the Constitution and the selection of judges.
- The struggle for justice in the civil rights march from Selma to Montgomery: the legacy of the Magna Carta and the common law tradition.
- Protecting victims and their children through supervised visitation: a study of domestic violence injunctions.
- LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS: DID THE FOUNDERS REALLY MEAN THAT?
- Specialty plates: who is speaking? American Civil Liberties Union of Tennessee v. Bredesen.
- Cultural sensitivities in international construction arbitration.
- NSA surveillance and interference with citizens' property rights.
- The Johns agree: Rawls, Finnis, and Locke on open immigration from Mexico to the United States.
- Conscience legislation, the personhood movement, and access to emergency contraception.
- The Tuskegee Syphilis Experiment, social change, and the future of bioethics.
- Executive compensation: in a culture of greed and selfishness is there room for a theory of 'enough'.
- The corrective careers of concurrences and dissents.
- Textualism after Antonin Scalia: tribute to the late great justice.
- ORIGINALISM'S PROMISE: AN INTENTIONALLY THIN, NATURAL LAW ACCOUNT OF OUR FUNDAMENTALLY JUST, COMPLEX, CONSTITUTIONAL SYSTEM.
- Share transfer restrictions in close corporations as mechanisms for intelligible corporate outcomes.
- A Madisonian vision of religious liberty.
- Electoral college reform and voting rights.
- The pedagogy of "yes we can": teaching reformative legal justice in the age of Obama.
- PRESIDENT DONALD J. TRUMP AND THE POTENTIAL ABUSE OF THE PARDON POWER.
- LEGISLATIVE AUTHORITY AND JUDICIAL POWER: A REVIEW OF 'LEGISLATED RIGHTS: SECURING HUMAN RIGHTS THROUGH LEGISLATION'.
- Picking the Supremes: the impact of money, politics, and influence in judicial elections.
- Judicial cooperation and legal interpretation in European Union tax law.
- Reshaping ADR strategies for today's global engineering and construction market.
- Democracy, the Supreme Court, and our two constitutions.
- Southern fried mediation: a regional recipe for success when mediating in the Southern United States.
- Digital division: levies as an alternative to traditional copyright enforcement mechanisms.
- From Magna Carta to the Montgomery March: common law and civil rights.
- EXECUTIVE DYNAMISM IN HEALTHCARE: A RICH HISTORY OF THE EXECUTIVE BRANCH AND ITS USE OF POWER IN PUBLIC HEALTH AND ACCESS TO CARE INITIATIVES.
- The judge as digital citizen: pros, cons, and ethical limitations on judicial use of new media.
- Turmoil surrounding the self-incrimination clause: why the Constitution does not forbid your silence from speaking volumes.
- GOOGLING A MISTRIAL: ONLINE JUROR MISCONDUCT IN ALABAMA.
- Are religious arbitration panels incompatible with law? Examining "overlapping jurisdictions" in private law.
- THE MERCY OF TERMINATION OF PARENTAL RIGHTS WITH INCARCERATED PARENTS.
- TRAINER RESPONSIBILITY RULES IN THOROUGHBRED RACING.
- Negotiating with difficult people.
- WHEN MY OPT OUT IS YOUR TRIGGER: ODERBERG'S ARGUMENT WITH THE RELIGIOUS FREEDOM SINCERITY TEST.
- WHAT HAS ATHENS TO DO WITH PHILADELPHIA?
- THE CONSTITUTION ENTIRE: AN ESSAY ON LEGISLATED RIGHTS.
- Turmoil surrounding the self-incrimination clause: why the Constitution does not forbid your silence from speaking volumes.
- The "vanishing trial": a Hayekian perspective.
- First Amendment protection for student expression that occurs online and off-campus.
- Absent biological fathers in adoption: noticing the nuance of notice.
- Overruling the overwhelming-necessity standard for modifications of child custody in Alabama: Ex parte Cleghorn.
- The path of the law school: three implementable law school reforms.
- Dialogical Personhood vs. Autonomy in End-of-Life Decision: A Suggestion for Alabama Lawmakers.
- The (unified?) fiduciary theory of judging: hedgehogs, foxes, and chameleons.
- LET THE PARENTS DECIDE: ALABAMA PARENTS' RIGHT TO DECIDE WHETHER TO MASK THEIR CHILDREN OR NOT IN THE AGE OF COVID.
- COMMENT: TORRES V. TEXAS: STATE SOVEREIGN IMMUNITY FALLS TO CONGRESS'S WAR POWERS BUT STATES CAN STILL MUSTER A USERRA DEFENSE.
- Faulkner Law - Fred Gray civil rights symposium - February 15, 2013.
- Judging the "vanishing trial" in the construction industry: the Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada.
- 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.
- Stripped: congress and jurisdiction stripping.
- Bonhoeffer's dilemma.
- Taking wrongful death seriously: Dworkinian interpretivism and the common law right of action for wrongful death.
- Sexting: risky or (f)risky? An examination of the current and future legal treatment of sexting in the United States.
- A pragmatic approach to judicial review of informal guidance documents.
- The real lethal punishment: the inadequacy of prison health care and how it can be fixed.
- Innovation and constraints on tax shelters.
- Measuring the value of collegiality among law professors.
- Facial challenges and the commerce clause: rethinking Lopez and Morrison.
- Speak, or be sentenced: the high price of pre-arrest silence: Salinas v. Texas.
- Parenting coordination in Alabama: the current status.
- 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.
- Magna Carta's freedom for the English church.
- 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.
- Mental health innovation vs. psychiatric malpractice: creating space for "reasonable innovation".
- Reason and public discourse: what can we learn from Socrates?
- Shackles before sentencing: the global positioning system as a means of pretrial restraint.
- Closely held corporations are persons: the Supreme Court's correct and intuitive holding in Burwell v. Hobby Lobby Stores, Inc.
- Reviving the carefully limited exception: from jail to GPS bail.
- JUDICIAL REVIEW AND SUBJECTIVE INTENTIONS.
- Origin stories matter: getting right with religious freedom.
- The path of the law school: three implementable law school reforms.
- 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.
- THE LEGAL RELATIONSHIP OF THE ANGLO-SAXONS AND THE VIKINGS.
- Legislating the free exercise clause: congressional power and the Religious Land Use and Institutionalized Persons Act of 2000.
- LEGISLATED RIGHTS IN THE ANGLO-AMERICAN TRADITION.