Alabama Law Scholarly Commons - The University of Alabama
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The boardwalk trust
No full textA beach lawyer novel --Cover; Big city. Big dreams. Big lies. With the flawless sky above and the boardwalk below, Robert Worth has set up shop on Venice Beach with an eye on Delfina Famosa, his unexpected first client. A whip-smart homeless kid, Delfina reaches out to Robert to keep her father, Teo, out of trouble. The pair claim to be beneficiaries of the seven-figure Famosa trust, and Delfina wants him to have their backs in court. But in a city of illusions, nothing is what it appears to be. Robert should be taking his own advice-- always keep his professional distance. Yet every sharp turn and revealed secret draws him closer to his clients. And the closer he gets, the greater the danger. All he wants now is for everyone to get what they deserve. For some, he hopes it\u27s not too late. For others-- they won\u27t even see him coming. -- From back coverhttps://scholarship.law.ua.edu/harper_lee_prize_books_2019/1003/thumbnail.jp
Rodrigo and Ressentiment: I Don\u27t Want It If You Are Going to Get It, Too - Why Classical Economic and Political Theory Fails to Explain the Obamacare Vote, but Legal Realism and CLS Can
Get PDFUnreasonable doubts: a novel
No full textJaded New York City Public Defender Liana Cohen would give anything to have one client in whom she can believe. Dozens of hardened criminals and repeat offenders have chipped away at her faith in both herself and the system. Her boyfriend Jakob\u27s high-powered law firm colleagues see her do-gooder job as a joke, which only adds to the increasing strain in their relationship. Enter imprisoned felon Danny Shea, whose unforgivable crime would raise a moral conflict in an attorney at the height of her idealism--and that hasn\u27t been Liana in quite a while. But Danny\u27s astonishing blend of good looks, intelligence, and vulnerability intrigues Liana. Could he be the client she\u27s been longing for--the wrongly accused in need of a second chance? Is he innocent? As their attorney-client relationship transforms into something less than arm\u27s length, Liana is forced to confront fundamental questions of truth, faith, and love--and to decide who she wants to be. -- Amazon.comhttps://scholarship.law.ua.edu/harper_lee_prize_books_2019/1007/thumbnail.jp
Florida v. Georgia: The Supreme Court Weighs in on the Struggle over the Appalachicola-Chattahoochee-Flint River Basin
Get PDFData Deficits in Municipal Rideshare Collaborations Symposium: Law, Technology, and the Organization of Work
Get PDFWhistleblowing Speech and the First Amendment
Get PDFAlexander Meiklejohn the iconic First Amendment scholar who expounded the democratic selfgovernment theory of the freedom of speech posited that for democratic selfgovernment to function the voters themselves must possess the information necessary to hold the government accountable Yet the information necessary for the citizenry to render wise electoral verdicts not uncommonly belongs to the government itself and government officials often prove highly reluctant to share information that reflects badly on them and their work The lack of critically important information about the government\u27s performance makes it difficult if not impossible for voters to hold government accountable on Election Day To date the federal courts have failed to recognize the crucial role that government employees often play in providing voters with the information necessary to make wise electoral decisions The ConnickPickering doctrine conveys only modest protection on government employees who engage in whistleblowing speech Moreover this doctrine fails to take into account directly the value and importance of whistleblowing speech to voters Whistleblowing Speech and the First Amendment calls for the recognition of a new subcategory of government employee speech whistleblowing speech and proposes more rigorous First Amendment protection for such speech Simply put contemporary First Amendment theory and practice fails to provide sufficient protection to government employees who engage in whistleblowing speech that calls the body politic\u27s attention to wrongdoing corruption and malfeasance within government agencies If we want government employees to speak rather than remain silent stronger constitutional medicine than ConnickPickering will be requiredThis Article constitutes part of a longer booklength project The Disappearing First Amendment which Cambridge University Press will be publishing in 2019 The book will show how in a variety of important contexts free speech rights have contracted rather than expanded under the Rehnquist and Roberts Courts Salient examples include the speech rights of government employees as well as access to public property for expressive activities the speech rights of students and educators transborder speech and newsgathering and reporting activities The book posits that antipathy toward judicial discretion in free speech cases provides a partial explanation for the contemporary Supreme Court\u27s inconsistent protection of First Amendment rights as does a more general willingness to tether First Amendment rights to the ownership of propert
Criminalizing Battered Mothers
Get PDFHow a domestic violence survivor responds to the abuse she is experiencing depends on many factors. Some critical considerations include her access to resources, desire to stay in her relationship, and assessment of her own safety. Criminal and civil court systems place enormous pressure on survivors to separate from their abusive partners. Not only are survivors with children pressured to leave, they are punished when they stay. That punishment can come in any combination of diminished custody rights, limited parental rights, and incarceration. Yet a survivor who flees with her children is not immune to these same consequences: if she leaves in a manner that is not state sanctioned, she may be punished criminally or civilly for kidnapping her children, regardless of the violence she was experiencing at home. Criminal parental kidnapping charges can cost a survivor her liberty, safety, and relationship with her children. While some state statutes attempt to address the potential for flight from domestic violence, many do not acknowledge the intersection between parental kidnapping and domestic violence at all and none provide sufficient safeguards for battered parents. Survivors are caught in a double bind in which the state can both pressure them to leave abusive relationships and also punish them for the manner in which they do so. A survivor who does not incur criminal parental kidnapping charges may still be negatively impacted by her decision to leave in both the child welfare system and domestic relations court. Large scale systemic change is necessary to truly enhance survivors\u27 independence. In addition to amending parental kidnapping laws to adequately anticipate and respond to safety seeking defendants, individual attorneys and the larger domestic violence movement must become more willing and better prepared to advocate for all survivors across and outside of the legal system
Class action
No full textWith the help of his older sister, his three best friends, and his elderly neighbor, sixth grader Sam Warren brings a class action suit against the Los Angeles School Board, arguing that homework is unconstitutional, and his case goes all the way to the Supreme Court; Accelerated Reader AR MG 4.9 7 194400https://scholarship.law.ua.edu/harper_lee_prize_books_2019/1006/thumbnail.jp
Feared: a Rosato & DiNunzio novel
No full textSequel to: Exposed; When three men announce that they are suing the Rosato & DiNunzio law firm for reverse sex discrimination--claiming that they were not hired because they were men--Mary DiNunzio and Bennie Rosato are outraged. To make matters worse, their one male employee, John Foxman, intends to resign, claiming that there is some truth to this case. The plaintiffs\u27 lawyer is Nick Machiavelli, who has already lost to Mary once and is now back with a vengeance--determined not to not only win, but destroy the firm. It soon becomes clear that Machiavelli will do anything in his power to achieve his end ... even after the case turns deadly. The stakes have never been higher for Mary and her associates as they try to keep Machiavelli at bay, solve a murder, and save the law firm they love ... or they could lose everything they\u27ve worked for. -- Provided by publisherhttps://scholarship.law.ua.edu/harper_lee_prize_books_2019/1019/thumbnail.jp
Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis
Get PDFThis article is the first to empirically analyze the impact of tort liability on suicide Counterintuitively our analysis shows that suicide rates increase when potential tort liability is expanded to include psychiatrists ” the very defendants who would seem best able to prevent suicide Using a 50state panel regression for 1981 to 2013 we find that states that would hold psychiatrists but not other doctors liable for malpractice resulting in a suicide experienced a 128 increase in suicides The effect is even stronger 168 when we include controls We do not believe this is because suicide prevention doesn\u27t work Rather we theorize that it is because some psychiatrists facing potential liability choose not to work with patients at high risk for suicide The article makes important contributions to the law of proximate cause and to the more general phenomenon of regulatory avoidance Traditionally one could not be liable for malpractice that causes another\u27s suicide ” the suicide was considered a superseding and intervening cause About half of states retain the old common law rule Others have created exceptions for psychiatrists only or for all doctors and some have abandoned the old rule entirely Our findings suggest that expanding liability for psychiatrists may have an adverse affect Accordingly this article suggests that the best policy might be to retain or revive the traditional noliabilityforsuicide rule for mental health specialists The implications are enormous over 40000 people in the United States die each year from suicid