News: The Alabama Lawyer Articles
FROM THE ALABAMA LAWYER: The Human Touch: Copyright Challenges in the Age of AI
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The subject matter protected by copyright generally, extends to literary works, music, dramatic works, pictorial and graphic works, sculptures, songs, and even architecture, just to name a few. The protection lasts for the life of the author plus 70 years for works created after January 1, 1978. What copyright protection does not protect are ideas, methods of operation, principles, and concepts, such as a scientific method or a recipe. There is also no copyright protection for names, titles, and slogans because they contain an insufficient amount of authorship. There lies one of the differences between copyright and trademark: Trademark protects words, phrases, and designs that identify goods and services.
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FROM THE ALABAMA LAWYER – Patent Issues for the Non-Patent Lawyer
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This article is an introduction to patent issues for the lawyer who is not a patent attorney. It is meant to provide the non-patent lawyer the ability to identify issues and provide initial guidance for a client who might have a patentable invention, or who might receive a notice of patent infringement.
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FROM THE ALABAMA LAWYER – IP Protection: Common Mistakes and How to Avoid Them
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Intellectual property may be described in a general sense as the opposite of real property – an intangible property right as opposed to something that you can see or hold in your hand. It is this intangible nature that, for many business owners, renders the existence of intellectual property rights and, more importantly, their value, illusory, underappreciated, and misunderstood. This article is intended to identify some common mistakes that business owners make with respect to intellectual property and how those mistakes can be avoided.
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FROM THE ALABAMA LAWYER: Cross-Examination of the Forensic Gold Standard for DNA Testing
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DNA (deoxyribonucleic acid) analysis has long been labeled the gold standard of forensic testing by the court. While I acknowledge the scientific process of DNA testing as the pinnacle of scientific rigor when employed correctly by qualified scientists, certain aspects of the process can be shown to fall short of the objectivity necessary to be considered a scientific standard.
Read MoreFROM THE ALABAMA LAWYER: Preserving the Record for Appeal: Tips and Pitfalls
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Issue preservation has been and always will be the key to success on appeal. Today, the need to preserve the record is greater than ever even in our most serious cases with the now discretionary application of plain error review to death cases.[2] Certainly, issue preservation is easier said than done considering the pressures of trial practice. But we hope the following tips and pitfalls can assist the trial practitioner in preserving the record for appeal.
Read MoreFROM THE ALABAMA LAWYER: The Prosecutor’s Duty to Help the Defense Make Its Case
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Most prosecutors likely agree with Judge Learned Hand that “a criminal defendant already ha[s] too many advantages over the state. . .”[1] While the American criminal system does provide those accused of crimes with certain cherished privileges, in one important area, prosecutors have an inordinate advantage: the production of discovery to the accused. And prosecutors jealously guard the contours of that privileged position, often seeking expansion of it.[2]
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FROM THE ALABAMA LAWYER: “Throw Me a Lifeline!” – The Survivor Benefit Plan Open Season
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Attorneys who handle divorce cases will sometimes encounter a military divorce settlement. An often-overlooked aspect of the pension divisions is the Survivor Benefit Plan (SBP) – a survivor annuity for the former spouse. This article deals with retrieving a potentially overlooked death benefit, and how to apply for SBP coverage.
Read MoreFROM THE ALABAMA LAWYER: An Overview of the 2023 Amendments to the Alabama Rules of Evidence
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On March 3, 2023, the Alabama Supreme Court approved two amendments to the Alabama Rules of Evidence that became effective May 1, 2023.[1]
First, an amendment to Rule 404(b) significantly changed (and increased) the prosecution’s burden to provide notice of “other acts” evidence offered against the criminally accused.
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FROM THE ALABAMA LAWYER: Hard Time – A Return to Mandatory Minimums
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There is a new law that prosecutors and practitioners need to be aware of. On April 6, 2023, Governor Ivey signed into law Act 2023-004 which provides for a minimum mandatory term of imprisonment for those convicted of trafficking in fentanyl.
Read MoreFROM THE ALABAMA LAWYER: A Reintroduction to the Alabama Attorney General’s Opinions Division
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This article will reintroduce you to the Opinions Division with a comprehensive look at every stage from opinion request to published opinion.
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