Legal
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DO I NEED A LIVING WILL?
Yes, as an adult I think it is an important document to address the possibility of imminent death when you are no longer able to communicate your health care in certain circumstances. A Living Will...
IN LIGHT OF THE DOBBS DECISION WHAT IS THE STATUS OF LEGAL ABORTION?
The Dobbs decision overturned the “Constitutional” right to abortion under Roe v Wade. The decision was to return the denial or the availability of abortion to the people (of the various states)....
Is it good to think about any legal issues for the New Year?
Without specifics about yourself I’ll make this answer generic in a personal and in a business sense. I presume you looked at your financial estate planning (401k, mutual funds, stocks and bonds,...
HAVE THERE BEEN ANY INTERESTING CASES RECENTLY?
Yes, the United States Supreme Court heard the below case in December 2021 and issued the opinion in June 2022. The majority opinion was written by Chief Justice John Roberts. The other five mostly...
Early Law In America The Mayflower Compact
One hundred two souls left England in 1620 to land in Virginia where they were to receive land through contract by the Virginia Company. The Virginia Company was chartered by King James I to set up...
WHAT ARE SOME OF THE RULES OF A DUI OFFENSE?
A driving under the influence (DUI) offense carries serious fines and jail time especially if the same individual is arrested multiple times for a DUI. In 2017, Alabama was 5th in drunk driving...
WHEN DO YOU REALLY NEED A WILL?
There are a few ways to approach your estate planning and even if you don’t think you have anything you most likely have more than you think. Some people however, do literally have nothing and live...
SO WHAT IS THE CASE THAT OVERTURNED ROE v WADE? CAN PRESCEDENT BE OVERTURNED?
That case recently decided is DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL. v. JACKSON WOMEN’S HEALTH ORGANIZATION ET AL. The Gestational Age Act of Mississippi was...
Any recent interesting Supreme Court decisions?
Yes, one in particular concerned a then 13-year-old school girl who stepped off a school bus in Florida and was struck by a truck in 2008. The young girl now 14 years older is in a permanent...
Is There an Interesting Recent U.S. Supreme Court Case?
There is a case decided in March 2022 arising out of the state of Texas. Factually, it involved the horrific murder of Texas resident Pablo Castro in 2004 by John Ramirez [and two other assailants]...
My husband is beginning to show signs of dementia, maybe even Alzheimer's.
I think that you are doing the hardest thing and the best thing for your husband and yourself by facing this right now. When our loved ones are faced with such devastating diseases it’s easier to...
What Can the Texas Anti-abortion Law Mean for Alabama?
Liberal leaning states take clues from successful legislation that benefits the goals of liberal thinkers and in the same way conservatives follow the successful legislative achievements of other cons...
Is it Good to Think About Any Legal Issues for the New Year?
Without specifics about yourself, I’ll make this answer generic in a personal and in a business sense. I presume you looked at your financial estate planning (401k, mutual funds, stocks and bonds,...
What has Changed Regarding Christmas Celebrations and Governmental Entities?
Little has changed since earlier appellate cases and one will note slight subjective language in the subsequent decisions. These cases have arisen using the Establishment Clause of the Constitution...
A Legal Commentary and Prayer for Thanksgiving
I was thinking about Thanksgiving celebrated as a national holiday this month. A form of thanksgiving is celebrated in many countries; but ours, celebrated on that last Thursday of November has...
What is the Constitutionality President Biden's, Covid-19 vaccination requirement among certain people residing in the United States?
That’s a tough question and prone to a rambling answer. Before looking at several points we will pretty much first agree that there may be legitimate, provable exemptions that may be medical or...
What is the Sullivan case and Reference to Social Media?
Interestingly enough L.B. Sullivan was police commissioner in Montgomery, AL in 1960. An ad was displayed in the New York Times regarding the request for donations for the defense of Martin Luther...
Why is It Important to Continue to Preserve Controversial Monuments?
Aside from being a practicing attorney I have had an almost lifelong interest in my family history and especially those that were southern soldiers in the War Between the States. I am proud to claim...
Was Frances Scott Key also a Lawyer in Addition to Writing the Star-Spangled Banner?
Key was a lawyer and obviously had other talents as well. Key was born in 1779; his father was a lawyer and a judge. Though Frances considered becoming an Episcopal priest, he decided to go into law...
Future Considerations for Business Buyout
Rather than answer your question directly I want to discuss a recent Alabama Supreme Court case that will make you think about how these agreements are structured. The structuring could mean that in...
What is the Effect of Divorce on Estate Planning?
There are various issues relative to estate planning and divorce. There are instances where an ex-spouse may continue to be entitled to your assets, times when they are automatically disqualified from...
Estate Planning – Death of a Spouse
My husband died and while most everything was in both of our names there is one financial account with about $15,000.00 in it. How can I get to it since I am the primary beneficiary under his Will?...
Has There been an Interesting Supreme Court Case Recently?
Yes, the United States Supreme Court issued an opinion on November 25, 2020 that I found interesting involving the apparent suppression of in person worship. The Roman Catholic Diocese of Brooklyn,...
I Don't Really Have Anything, Why Do I Really Need A Will?
I get that question all too often. Even poor people have more than they probably think. Do you have a home (even a mobile home)? Do you have a car or truck? Do you have any money in a bank? While...
Is it good to think about any legal issues for the New Year?
Without specifics about yourself, I’ll make this answer generic in a personal and in a business sense. I presume you looked at your financial estate planning (401K, mutual funds, stocks and bonds,...