What is it about the Abnormal Attitude Law that "dooms" the airplane at FL380
I'm quite sure you or any bus driver here know the answer. Ok I'm gonna say it loudly, if you wish.
See Airbus 319-320-321 FCTM or in this final report at page 78:
Pitch alternate with load factor protection (
without auto-trim)
With THS at maximum nose-up position, the correct recovery action on primary controls only, is not sufficient: