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Forced competence: a defendant's right to reject involuntarily administered antipsychotic drug treatment.
January 1, 2004... INTRODUCTION
A defendant's competence to stand trial has long been determined to be one of the many rights that are deemed essential to the fair trial (1) guaranteed by the Sixth Amendment to the United States Constitution. (2) In 1966,...
Reformulating medical malpractice: Ex parte Healthsouth Corp. and its ramifications for medical malpractice law in Alabama.
January 1, 2004... INTRODUCTION
In Ex parte Healthsouth Corp., the Alabama Supreme Court held that a patient was not required to present expert testimony to prove that an alleged failure of a nursing staff to respond to the patient's call was a breach of the...
Promoting or frustrating the statute of frauds? Implications from Holman v. Childersburg Bancorporation, Inc.(Alabama)
January 1, 2004... INTRODUCTION
In Alabama, a transfer of interest in real property must be in writing, signed by the party charged, and contain a recital of consideration or it is void by the Statute of Frauds. (1) However, the Alabama Supreme Court has...
Challenges and opportunities in the law.
January 1, 2004... Thank you, Professor See, for that kind introduction. It is truly an honor to be here this evening to spend some time with so many young, energetic law students who are anticipating embarking on a career in the law. I understand we also have a...
The year-and-a-day rule: a common law vestige that has outlived its purpose.
January 1, 2004... INTRODUCTION
In every sense--other than the strictly legal sense--there can be little doubt that Ralph Lynn Key caused the death of Brian Rollo. However, because Brian Rollo survived in a persistent vegetative state for nearly 18 months...