Recent Publications

Scott Burnett Smith Ten Tips to Improve Your Case on Appeal, DRI's Strictly Speaking, 2008
J. S. Christie, Jr. Preparing for and Prevailing at an Arbitration Hearing, 32 Am. J. Trial Advoc, (forthcoming winter 2008-09), 2008
J. S. Christie, Jr. Seven Steps to Defend an Arbitration, 50(7) For the Defense 14, (July 2008), 2008
J. Paul Compton, Jr. United States Treasury TARP Senior Preferred Stock and Warrants Program, MEMORANDUM, 2008
Marc James Ayers Notes on Stays Pending Appeals in Alabama's Appellate Courts, Alabama Lawyer, 2008
Daniel Bryan Thomas Coalbed Methane: Who Owns this 4.8 Billion Dollar Natural Resource in Kentucky, 72 KY Bench & Bar 6, 2008
William T. Thistle, II A Comparative Guide of Where to Die: Should the United Kingdom Repeal Its Inheritance Tax?, Georgia J. International & Comparative Law, 2008
Brian Michael Vines A Doctrine of Faith and Credit, 94 Virginia Law Review, March, 2008
Molly Campbell Taylor Morse v. Frederick and The Regulation of Student Cyberspeech, Hastings Constitutional Law Quarterly, 35, 2008
Kevin J. Henderson Uncle Sam Wants You....to be Responsible for Your Own Retirement, Mid-Sized Retirement & Pension Plan Management Conference, March, 2008
Charles A. Stewart III Product Liability Cases and the Duty to Warn: A 50 State Compendium, Editor-in-Chief, DRI Defense Library Series, 2008
Bruce P. Ely Co-author, Shop Talk: Gain From Sale of Affiliate Stock Not Subject to Apportionment by Alabama, 18 J. Multistate Tax'n & Incentives 39, May, 2008
Bruce P. Ely Co-Author: Update on State Taxation of Partnerships, LLCs, REITs, and Other Pass-Through Entities, New York University Institute on State and Local Taxation, 2008
Bruce P. Ely Contributing Author, Keatinge and Conaway on Choice of Business Entity, Thomson-West, 2008
Donna M. Crowe For Green Building Issues, Call On Your Inner Green Lawyer, Journal of the American College of Construction Lawyers, Vol. 2, No. 2, Summer, 2008
Angela Raines Rogers Look Out Behind You: The Real Threat To Manufacturers, Distributors, and Retailers, ALFA Product Liability Seminar, 2008
Ashley Grier White Co-Author: A Survey of Recent and Pending Alabama Tax Cases Involving the Commerce Clause, The Alabama Lawyer, March, 2008
Britton Hubbard Seal Co-author, Due Diligence and Corporate Governance, Chapter 11, "The Sarbanes-Oxley Act of 2002", Reed Elsevier (UK) Ltd., 2008
Jess R. Nix The Federal Rules of Civil Procedure Get a Facelift, American Bar Association''s "The Young Lawyer", Vol. 12 No. 5, 2008
James E. Long Jr. Contributing Author, Alabama Practice Insights, LexisNexis, 2008
James E. Long Jr. Co-author, Shop Talk: Gain From Sale of Affiliate Stock Not Subject to Apportionment by Alabama, 18 J. Multistate Tax''n & Incentives 39, May, 2008
Scott Burnett Smith Appellate Review of Mental Anguish Awards, 2008
Hope T. Cannon "Critically Challenged--The Recognition and Scope of The Self-Critical Analysis Privilege," Evidentiary Privileges for Corporate Counsel, DRI's Defense Library Series, 2008
Hope T. Cannon "Don't Let This Happen to You--What We Can Learn From The E-Discovery "Oops" Made in Victor Stanley, Inc. v. Creative Pipe, Inc., Birmingham Bar Association Bulletin, Fall, 2008
Rhonda Caviedes Debate, Mitigate, or Wait: Addressing Unexpected Issues on the Construction Site, American Bar Association, April, 2008
Matthew Scott Houser Contributing Author, Alabama Practitioners Insights, LexisNexis, 2008
J. S. Christie, Jr. Final HIPAA Nondiscrimination Regulations, DRI Life, Health and Disability News, (Spring 2007) , 2007
John Thomas Richie Sticking with Wickard, 37 Cumberland Law Review 543, 2007
Robert C. Walthall Current Alabama Tax Developments, 61st Annual Federal Tax Clinic, November, 2007
Matthew Scott Houser Contributing Author, Keatinge and Conaway on Choice of Business Entity, Thomson-West, 2007
Matthew Scott Houser Co-Author, State Taxation of Subchapter S and Subchapter K Entities and Their Owners – An Overview; Choice of Form and Structure for Closely-Held Businesses and Ventures, ALI-ABA, Feb., 2007
Rhonda Caviedes An Ounce of Prevention: Developing a Construction Site SWPPP[Stormwater Pollution Prevention Plan], Environmental & Toxic Torts Update, July, 2007
Christopher R. Grissom Challenges to State Add-back Statutes: Will They Survive?, 46 State Tax Notes 757, December, 2007
Hope T. Cannon "Removals--Realignment Anyone?", Birmingham Bar Association Bulletin, Winter, 2007
James E. Long Jr. Co-Author, Recent Alabama Tax Developments: Legislative, Judicial, and Administrative, 14th Annual Paul J. Hartman State and Local Tax Forum, October, 2007
James E. Long Jr. Co-Author, Update on the State Taxation of Partnerships, LLCs, REITs, and Other Pass-Through Entities, New York University Institute on State and Local Taxation, 2007
Nicholas J. Voelker Condominium Construction Law Issues in the Carolinas, Lorman Seminar, 2007
Ann T. Taylor New York Court of Appeals -- New York Statute Tolls Coverage for Preexisting Conditions, American Bar Association''s Health and Disability Insurance Law Community Newsletter, Fall/Winter, 2007
Scott E. Ludwig Second Circuit Affirms McNamee: Validity of Check-the-Box Regulations Again Confirmed, Journal of Taxation, Vol. 107, No. 1 (pg. 32), 2007
Scott E. Ludwig The Sixth Circuit Affirms Littriell: Check-the-Box Regulations are Upheld:, Journal of Taxation, Vol. 106, No. 6 (pg. 325), 2007
Michael J. Bentley How American Employers (Almost) Learned to Respect Their Elders: Smith v. City of Jackson and the Availability of the Disparate Impact Theory Under the Age Discrimination in Employment Act, 26 Mississippi College Law Review 347, 2007
Marc James Ayers An Update on FDA Preemption of State Law Claims, 74 Defense Counsel Journal 81, January, 2007
Marc James Ayers Rule of Law, Not the Rule Of Men: Life Issues and the Alabama Supreme Court, Americans United for Life, 2007
Marc James Ayers The Use and Review of the Extraordinary Writs of Mandamus and Prohibition in Alabama's Appellate Courts, Alabama Lawyer, September, 2007
J. S. Christie, Jr. Electronic Discovery for Healthcare Providers, Healthcare Financial Management Association, (December 2006), 2006
Axel Bolvig III Mechanics Liens in Alabama, National Association of Credit Management, Business Credit, September, 2006
James E. Rotch The Principles for a Successful Business Career, The Birmingham News, April, 2006
Kathryn Lee Dietrich Saving the States from Unsuitable Plaintiffs, Cumberland Law Review, 36:2, 2006
Jason E. Fortenberry International Bancorp, LLC. v. SBM: The Supreme Court''s Silence Speaks Louder Than Words, Mississippi College Law Review, Spring, 2006
Marc James Ayers Staying the Course: An Update on the Alabama Supreme Court, The Federalist Society, October, 2006
Marc James Ayers Unpacking Alabama's Plain Meaning Rule of Statutory Construction, The Alabama Lawyer, Vol. 67, No. 1, 2006
Gary L. Howard Eleventh Circuit Court of Appeals Refuses to Create an "Imposter Exception" to Incontestability Rule pursuant to Florida Law, American Bar Association, Tort Trial & Insurance Practice Section Life Insurance Law Committee News, Spring, 2006
Gary L. Howard State of New York Insurance Department Issues Circular Letter Dealing with Discretionary Clauses and Then Alters its Position, American Bar Association, Tort Trial & Insurance Practice Section Life Insurance Law Committee News, Fall, 2006
Daniel Kaufmann The Imputation Doctrine: An Ever-Changing Defense for Auditors, Commercial & Business Litigation Journal, Volume 8, Number 1, 2006
Rhonda Caviedes Co-Author: Mechanics Liens in Alabama, National Association of Credit Management, Business Credit, September, 2006
Molly Campbell Taylor Authority to Convene Military Commissions Without Express or Implied Aurthorization of Congress Not Within Executive's Power, Cumberland Law Review, 37, 2006
Bruce P. Ely Noted Trends in the State Taxation of Pass-Through Entities, New York University Institute on State and Local Taxation, 2006
Bruce P. Ely Co-Author: (Chapter 10 - State Taxation of LLCs and LLPs): State and Local Taxation, Pomp and Oldman, 5th Edition, 2005
Bruce P. Ely Co-Author: FERC Reexamines Treatment of Income Taxes as Recoverable Costs for Flow-Through Entities, Journal of Business Entities (WG&L), Mar/April, 2005
David W. Clark State Court Class Actions in Mississippi: Why Adopt Them Now?, 24 Mississippi College Law Review 437, 2005
Gary L. Howard Innocent Misrepresentations on Application Warrant Declaratory Judgment Voiding Insurance Policy, American Bar Association, Tort Trial & Insurance Practice Section Life Insurance Law Committee News, Fall, 2005
Christopher Lee Hawkins Taking Care of Business: Non-Consumer Aspects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, The Alabama Lawyer, September, 2005
T. Matthew Miller Ensure Wage and Hour Compliance, Construction Business Owner, 2005
Christopher R. Grissom Federal and State Tax Issues Routinely Confronted By Business Lawyers, ABA Business Law Section, March, 2005
Christopher R. Grissom Federal and State Tax Issues Routinely Confronted By Business Lawyers, ABA Business Law Section, March, 2005
Christopher R. Grissom Co-Author: Alabama Has a New Way to Tax Internet Sales But is it Constitutional?, Alabama Technology Today, January/February, 2005
David Hill Bashford Author: The State of Construction Suretyship,, Construction, January, 2005
David Hill Bashford Co-Author: Construction Insurance Common Sense Construction Law, Chapter 18, John Wiley & Sons, Inc., 3rd, 2005
Rachel S. Holzer National Security Versus Defense Counsel''s "Need to Know": An Objective Standard for Resolving the Tension, Fordham Law Review, Vol. 73, No. 4, 2005
Kathryn Lee Dietrich Casenote: Crawford v. Washington, Cumberland Law Review, 35:1, 2005
Deane K. Corliss Developing Legal Strategies for Health Care, chapter in Inside the Minds - Winning Legal Strategies in Health Care, Aspatore Books, 2005
Laura P. Washburn Co-author, Due Diligence and Corporate Governance, chapter, "The Sarbanes-Oxley Act of 2002", Reed Elsevier (UK) Ltd., 2004
Jeremy A. Smith Modular Organization of the Phd Repressor/Antitoxin Protein, Journal of Bacteriology, 186, 2004
Britton Hubbard Seal Consorzio Del Prosciutto Di Parma & Salumifico S. Rita Spa v. Asda Stores Ltd. & Hygrade Foods Ltd.: Classic Protectionism — Thin Ham Provides Thick Protection for Member State Domestic Goods , 12 Tue J. Int''l Comp. 1. 545, 12, 2004
Edward J. Everitt Constitutional Law – Eleventh Amendment – Abrogation of States’ Sovereign Immunity in Title II of the American with Disabilities Act Held at Valid Exercise of Congress’s Fourteenth Amendment Section Five Power, 74 Mississippi Law Journal 253, 2004
Scott Burnett Smith The Appellant’s Brief, chapter in A Defense Lawyer’s Guide to Appellate Practice, Defense Research Institute, 2004
David E. Roth CCA: Fact and Fictions, Toxic Tort Watch - Pesticides, Solvents & Fumes, August, 2004
Crystal G. Wilkerson Comment, Patriotism or Prejudice: Alabama''s Official English Amendment, 34 Cumb. Law Rev. vol. 2, 2004
Daniel Kaufmann "Stranger Doctrine" and Its Exceptions: Welcoming "Legitimate" Meddlers to The Business Relationship, Business Torts Journal, Volume 12, Number 1, 2004
David W. Clark Mississippi Joins the Ranks of Tort Reform Success Stories, Washington Legal Foundation, Vol.14, No. 12, 2004
David W. Clark Mississippi Sees Significant Improvements in Civil Justice Fairness and Predictability, Federalist Society''s Engage, Vol. 5, Issue 2, 2004
Bruce P. Ely State Constitutional Limitations on Taxing and Spending: A Comparison of the Alabama Constitution of 1901 to its Counterparts, 33 Cumberland L. Rev. 463, 2003
Robert J. Symon (Co-Author) Construction Lien Law in the District of Columbia, Lorman, 2003
Rhonda Caviedes Co-Author: When Is the Project Really Over?, Forbes Global Project SuperConference, May, 2003
Matthew Scott Houser Co-Author, LLCs: Advising Small Business Start-Ups and Larger Companies In Alabama: Chapter VI: State and Federal Income Tax Issues Regarding Operations, National Business Institute, 2003
Mary Clay W. Morgan Toxic Tort Claims Without Present Injury: The Uncertain Status of Claimsof Fear of Future Disease in Mississippi, 72 Miss. L.J. H11, Spring, 2003
David E. Roth "Computers: An Unlikely Hazardous Waste/Hazardous Substance", The EnLaw (Alabama State Environmental Law Section Newsletter), (Vol 10, No 2) Fall, 2003
David E. Roth Environmental Transactions and Brownfields 2003 Annual Report., Contributing Author, ABA Section of Environment, Energy and Resources Law, The Year in Review 2003, 2003
David E. Roth Random Things You Probably Should Know About Environmental Law, HardFacts, Alabama Concrete Industries Association Newsletter, March, 2003
David E. Roth Co-Author, “Square Pegs and Round Holes: Application of the ‘Best Scientific Data Available’ Standard in the Endangered Species Act”, 16 Tulane Envtl. L. J., 387, 2003
David E. Roth Computers: the Next Toxic Waste Crisis?, Bradley Arant Rose & White LLP Environmental & Toxic Tort Newsletter, Fall, 2003
Scott Burnett Smith Writer’s Corner: Deep Legal Research, DRI-For the Defense, April, 2003
Hope T. Cannon "The Self-Critical Analysis Privilege--What Is It And When Does It Apply?", Birmingham Bar Association Bulletin, Fall, 2003
Scott E. Ludwig Prototype Limited Liability Partnership Agreement, American Bar Association, 2003
Scott E. Ludwig Prototype Partnership Agreement for a Limited Liability Partnership Formed Under the Uniform Partnership Act (1997), 58 No. 2, The Business Lawyer, 689, February, 2003
Deane K. Corliss The Other Side of HIPAA - Employer Health Plans, M.D. News, March, 2003
Deane K. Corliss Co-author, HIPAA Compliance a Challenge for Employers, Birmingham Business Journal, February 7, 2003
Deane K. Corliss Comment, AIDS-Liability for Negligent Sexual Transmission, 18 Cumberland Law Review 692-722 (1988), cited in Berner v. Caldwell 543 So.2d 686 (Ala. 1989), March, 2003