James J. Barney

Associate Professor of Legal Studies, American Public University System
PhD Candidate in History, University of Memphis
Chapter Member: Alabama SSN
Areas of Expertise:
  • Law & Courts

Connect with James

(646) 732-5497

About James

Barney, an Associate Professor of Legal Studies within the School of Security and Global Studies and co-Faculty Advisor of the school’s chapter of Phi Alpha Delta law fraternity, teaches numerous undergraduate and graduate Legal Studies courses. Barney is a lawyer admitted to practice law in New York, New Jersey, Alabama and the District of Columbia. With more than a dozen years of legal experience, Barney teaches classes in Constitutional, Tort, Criminal, Evidence, Sports, Employment, Civil Rights, and Business law. Barney's academic background reflects his varied interests. Barney graduated with a J.D from New York Law School.

Barney's research focuses on modern United States, European, and World History with particular emphasis on United States foreign policy, the political history of the United States and Europe as well as topics dealing with modern conservatism, gender, race, sexuality, and legal history in the United States and Europe. Barney has attended numerous legal and history conferences, served as a judge at several moot court and debate competitions, and has several research projects in progress.

Contributions | No Jargon Podcast | In the News | Publications

Contributions

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

Commentary,

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.

"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 its prior decisions that made it very difficult for plaintiffs to bring fraud claims under security law.

"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.