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James J. Barney

Professor of Legal Studies, American Public University System
Ph.D. in History, University of Memphis
Chapter Member: Alabama SSN
Areas of Expertise:

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(646) 732-5497

About James

Barney's research focuses on various topics, including Civil Procedure, Constitutional Law, Space Law, Employment Law, and modern U.S. History. In his writings, Barney explores themes such as the intersection of law and society, the evolution of legal systems, political coalition building and governance, and the impact of legal history on contemporary issues. He is currently involved in several ongoing research projects, including a book on New York City politics during the term of its first African American Mayor, David Dinkins, from 1989 to 1993, and is a frequent commentator on Supreme Court decisions. Barney serves as the Co-Advisor to Phi Alpha Delta, a law fraternity, and the Model UN Club at his institution, fostering student engagement and development in the legal field. Additionally, Barney takes on the role of prelaw advisor, keeping abreast of trends in legal education and admissions practices.

Contributions | No Jargon Podcast | In the News | Publications

Contributions

The Impeachment Controversy Drags Supreme Court into the Politics of the Trump Era

Commentary,

In the News

Opinion: "Artificial Intelligence, Relationships and Future Education," James J. Barney, American Public University, February 16, 2023.
Opinion: "Ethics in the Study of Space and Its Emerging Technologies," James J. Barney, American Public University, October 7, 2022.
Opinion: "Overturning Roe v. Wade: The Supreme Court’s Reasoning (Part 2)," James J. Barney, American Public University, July 21, 2022.
Opinion: "Overturning Roe v. Wade: The Supreme Court’s Reasoning (Part 1)," James J. Barney, American Public University, July 19, 2022.
Opinion: "Oakland Athletics: A Case Study in Sports Management," James J. Barney, American Public University, June 2, 2022.
Opinion: "Austerity Measures Alone Won’t Solve New York’s Many Crises," James J. Barney, In Homeland Security, September 16, 2020.
Opinion: "COVID-19 and Online Education: Perils and Opportunities," James J. Barney, American Public University, July 10, 2020.
Opinion: "Taking Staten Island Secession Seriously This Time," James J. Barney, Opinion, The New York Daily News, December 13, 2019.
Opinion: "Experiential Higher Education Still Has the Edge over AI," James J. Barney, American Public University, November 25, 2019.
Opinion: "Social Media and the First Amendment Freedom of Speech," James J. Barney, American Military University, September 16, 2019.

Publications

"High Court rules: Leave Your Politics and Personal Beliefs Outside the Courthouse" Sexuality, Gender, and Policy 2, no. 1 (May 2019): 73-74.

Addresses the Supreme Court's decision with Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018) decision. Argues that the Supreme Court's case had more to do with procedural due process than the First Amendment or LGBTQ rights.

"The Mixed Message: The Supreme Court’s Missed Opportunity to Address the Confused State of Commercial Speech in Nike, Inc. v. Kasky?" University of West Los Angeles Law Review 37, no. 1 (2004).

Argues that the Supreme Court missed the opportunity to clarify the confused nature of commercial when it denied to hear the case of Nike, Inc. v. Kasky.

"Dancing Towards Disaster or the Race to Rationality: The Demise of the Learned Intermediary Standard and the Pharmacists' Duty to Warn" Gonzaga Law Review 39, no. 2 (2003).

Advocates for a reappraisal of the learned intermediary standard and explores the pharmacist's duty to warn. Mentions rather than imposing a new, burdensome duty on pharmacists, Congress should pass legislation to provide a nationally unified approach towards the duty to warn of both the drug's negative side effects and known contraindications. Concludes for those reasons, Congress should take the opportunity to pass a nationalized liability scheme similar to that of Restatement (Third) of Torts: Products Liability section 6.

"Missing the Mark: NASD Rule 2711 and NYSE Rule 472 Mistakenly Emphasize Disclosure Rather Than Amending the Pleading Requirements of PSLRA" New York Law School Law Review 48, no. 3 (2003).

Argues that the Supreme Court should reconsider the prior decisions that made it very difficult for plaintiffs to bring fraud claims under security law. Mentions regulators should either prosecute cases of analyst malfeasance using the tools possessed by Rule 10b-5 or empower individual investors to bring private lawsuits against the analysts and their investment houses. Finds For those reasons, the SEC should take the opportunity to focus on strengthening anti-fraud measures by amending the PSLRA to encompass the full breadth of SEC’s Rule 10b-5.