Articles and Outlines

The following is a collection of research materials, many of which were presented at seminars conducted by the Birmingham Bar Association. Many of them refer to recent decisions of the Alabama Appellate Courts or the United States 11th Circuit Court of Appeals. This web site maintains complete copies of all slip opinions of these courts and summaries of the decisions of the past year are located under Research/Slip Opinions.

These articles are generally presented in both Microsoft Word format, which can be saved to your hard drive and used as any editable text document and in Adobe PDF format, which requires the Acrobat reader plug-in to your web browser. Each of these formats can be printed directly from your web browser.

Alabama Law Review

• Alabama Law Review recent issues

Business and Commercial

• Bankruptcy Considerations in Divorce Litigation - Dan Sparks, Esq.- 1998
• Bankruptcy Law Update- William S. Hereford, Esq.- From a seminar conducted August 25, 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format.
• Buying and Selling a Business - Don Wiginton, Esq.- 1991
• Fair Debt Collection Practices Act - from a seminar conducted by the Birmingham Bar Association March 12, 1999- Materials provided by Windy A. Hillman, Duell, Yearout & Spina; or, download the materials in PDF format.
• Recent Business and Consumer Bankruptcy Decisions- Timothy M. Lupinacci, Esq.- From a seminar conducted August 27, 1999 by the Birmingham Bar Association
• Recent Decisions and Consumer Bankruptcy Decisions and Issues in Alabama - Sherri Tucker Freeman, Esq.- From a seminar conducted August 25, 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format.
• Recent Decisions and Issues in Bankruptcy - Walter F. McArdle, Esq.- From a seminar conducted August 25, 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format.
• Recent Decisions in Consumer and Bankruptcy Law - Sherri Tucker Freeman, Esq.- From a seminar conducted August 27, 1999 by the Birmingham Bar Association
• Judgment Enforcement- from a seminar conducted by the Birmingham Bar Association February 16, 2000 - Materials provided by Sara J. Senesac, Esq., Najjar Denaburg, P.C. in PDF format or download the materials in Microsoft Word format.
• "The Petition" - Six times a year, the Commercial Law and Bankruptcy Section of the Birmingham Bar Association publishes "The Petition", a newsletter containing recent developments in Bankruptcy Law, published and unpublished opinions of the United States Bankruptcy Court for the Northern District of Alabama. Read"The Petition" online at the Commercial Law and Bankruptcy Section.

Constitutional Law

• First & Second Amendment articles by Eugene Volokh, Professor, UCLA School of Law. First Amendment implications in harassment law, workplace harassment, religious freedom, copyrights, gun control, cyberspace law and a host of other timely topics by one of the foremost constitutional scholars in the nation.

Criminal Law

• Basic Criminal Procedure and Practice in District and Circuit Court - from a seminar conducted by John Lentine of Gorham& Waldrep for the Birmingham Bar Association on November 18, 1999. In PDF format and Microsoft Word.
• Sentencing the Federal Criminal Offender- from a seminar conducted by the Birmingham Bar Association on December 3, 1999- Materials provided by Yvonne M. Alexander, Supervising U.S. Probation Officer and David A. Russell. Senior U.S. Probation Officer/Court Liaison; in PDF format or download the materials in Microsoft Word format.

Domestic Relations

• Bankruptcy and Divorce: Things Every Lawyer Should Know- from a seminar conducted by the Birmingham Bar Association November 18, 1999- Materials provided by Robert H. Adams, Esq. and Sara J. Senesac, Esq., Najjar Denaburg, P.C.; in PDF format or, download the materials in Microsoft Word format.
• Bankruptcy Considerations in Divorce Litigation- Dan Sparks, Esq.- 1998
• Domestic Law Update- Judge J. Gary Pate- October 1998
• Domestic Law Update- from the Mid-Winter Judges' Conference- Judge J. Gary Pate- January 1999; or, download a copy in Microsoft Word 97 format or PDF format.
• Domestic Law Update- Judge J. Gary Pate's April 2, 1999 edition of LawNotes. A copy is also available in Microsoft Word 97 format for download.
• Domestic Law Update- Judge J. Gary Pate's July 9, 1999 edition of LawNotes. A copy is also available in Microsoft Word 97 format for download.
• Domestic Law Update- Judge J. Gary Pate's February 9, 2000 edition of LawNotes. A copy is also available in Microsoft Microsoft Word format for download.
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 766 So. 2d 836 thru 770 So.2d 1054
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 770 So.2d 1055 - 777 So.2d. 59
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 777 So.2d. 60 - 780 So.2d 672
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 780 So.2d. 683 - 783 So.2d 791
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 783 So.2d 792 - 789 So.2d. 829
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 789 So.2d 830 - 793 So.2d 701
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 793 So.2d 702 - 799 So.2d 930
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 799 So.2d 931 - 806 So.2d 335
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 806 So. 2d 336 - 813 So.2d 795
• Domestic Law Update - Judge J. Gary Pate's Law Notes - 813 So.2d 796- 820 So.2d 194
• Ethical Considerations in Domestic Relations Law- A. David Fawal, Esq.- From a seminar conducted September 29, 2000 by the Birmingham Bar Asasociation in Microsoft Word format or in Adobe PDf format
• Things that Irritate a Court in a Domestic Case - Judge Sonny Ferguson- 1998

Elder Law

• Ethical Considerations Regarding Nursing Home Litigation- Sharon D. Stuart, Esq.- From a seminar conducted September 7, 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format
• Taking Care of Your Elder Clients, from a seminar conducted by Mary Lynn Campisi, Esq. for the Birmingham Bar Association on January 14, 2000; course materials provided by Mary Lynn Campisi, Esq.; download the materials in PDF or Microsoft Word formats.

Ethics

• Alabama State Bar Rules of Professional Conduct in PDF and Microsoft Word formats.
• Ethical Considerations in Domestic Relations Law- A. David Fawal, Esq.- From a seminar conducted September 29, 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format
• Ethical Considerations Regarding Nursing Home Litigation- Sharon D. Stuart, Esq.- From a seminar conducted September 7, 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format

Environmental Law

• "Litigating Environmental Tort Claims", from a seminar conducted by William S. Cox III, Esq. for the Birmingham Bar Association on June 23, 2000. Read and download the materials in PDF or Microsoft Word formats.
• "Litigating Superfund Cases", from a seminar conducted by Jarred O. Taylor II, Esq. for the Birmingham Bar Association on June 23, 2000. Read and download the materials in PDF or Microsoft Word formats.
• "Litigating with the Alabama Department of Environmental Management", from a seminar conducted by Ronald W. Farley, Esq. for the Birmingham Bar Association on June 23, 2000. Read and download the materials in PDF or Microsoft Word formats.
• "Some Ethical Considerations Which May Arise in Environmental Litigation", from a seminar conducted by Clarence L. McDorman, Esq. for the Birmingham Bar Association on June 23, 2000. Read and download the materials in PDF or Microsoft Word formats.

Immigration

• Immigration A, B, C's, an excellent primer on immigration law from a seminar presented by the Birmingham Bar Association May 17, 2000; seminar and course materials provided by Klari B. Tedrow, Esq. Read and download the materials in PDF or Microsoft Word formats.
• Hussein's Delayed Justice Unrelenting, reprint of an article that appeared February 13, 2000 in The Birmingham News "Commentary" section written by Birmingham Bar Association member David A. Gespass, Esq.

The Internet and Its Legal Development

• Selected Internet Legislation- Will Hill Tankersley, Esq.- From a seminar conducted July 14, 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format

Litigation

• An Overview of the Use of Experts after Daubert and Kumho Tire - Hon. T. Michael Putnam-U.S. Magistrate- From a seminar conducted August 16, 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format
• Basic Witness Preparation - M. Clay Alspaugh, Esq.- From a seminar conducted September 13, 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format
• Ethical Considerations Regarding Nursing Home Litigation - Sharon D. Stuart, Esq.- From a seminar conducted August 2000 by the Birmingham Bar Association in Microsoft Word format or in Adobe PDF format
• Jefferson County Circuit Court Procedural Guide - This guide to procedural preferences of the Judges of the Jefferson County Circuit Court (civil section) provides pointers for the practitioner as to motion practice, scheduling and hearings. Most questions the lawyer might have of a "How do I" nature are answered here. Microsoft Word format or Adobe PDF format.
• Litigating the Sexual Harassment Case- in PDF format; from a Seminar conducted by the Birmingham Bar Association March 19, 1999- Materials provided by Alicia K. Haynes, Esq. Haynes & Haynes; or, download the materials in Microsoft Word format.
• Pre-trial Motions, Notices and Paper Discovery from The Defendant's Perspective - by Michael K. Beard, Esq. Rives & Peterson - also in PDF and Word formats; from a seminar conducted by the Birmingham Bar Association October 15, 1999.
• Setting Aside Default Judgments in Alabama- by Mobile, Alabama lawyer Gregory C. Buffalow, Esq. reprinted with permission; from the September 1994 edition of The Alabama Lawyer, 55 Ala. Lawyer 297 (9/94); or, download it in Microsoft Word 97 format.

Motion Practice

• Jefferson County Circuit Court Procedural Guide - This guide to procedural preferences of the Judges of the Jefferson County Circuit Court (civil section) provides pointers for the practitioner as to motion practice, scheduling and hearings. Most questions the lawyer might have of a "How do I" nature are answered here.
• Pre-trial Motions, Notices and Paper Discovery from The Defendant's Perspective - by Michael K. Beard, Esq., Rives & Peterson - also in PDF and Word formats; from a seminar conducted by the Birmingham Bar Association October 15, 1999.

Probate Law and Prcedure

Probate Law From Start To Finish, a seminar presented by the Birmingham Bar Association on May 21, 2004, dealing with Filing Requirements, Special Procedures and Pitfalls; in Microsoft Word format.

By: Patricia Yeager Fuhrmeister
Shelby County Judge of Probate

Special Publications

• Guidebook on Interprofessional Relationships - Guidelines for dealing with the Medical Community and an approved medical authorization form in PDF format.