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'You Are Hereby Sentenced To A Term Of . . . Enslavement?': Why Prisoners Cannot Be Exempt From Thirteenth Amendment Protection, Alvaro Hasani Jan 2013

'You Are Hereby Sentenced To A Term Of . . . Enslavement?': Why Prisoners Cannot Be Exempt From Thirteenth Amendment Protection, Alvaro Hasani

Barry Law Review

No abstract provided.


Unlocking The Eighth Amendment's Power To Make Innocence A Constitutional Claim: The 'Objective' Views Of State Legislators, David Niven Jan 2013

Unlocking The Eighth Amendment's Power To Make Innocence A Constitutional Claim: The 'Objective' Views Of State Legislators, David Niven

Barry Law Review

No abstract provided.


A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman Jan 2013

A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman

Barry Law Review

This article examines the reporter's privilege in Florida and the inherent conflict between the First Amendment and Sixth Amendment as it exists between the freedom of the press and the right to a fair trial. The salient question addressed is whether the conflict between the First Amendment and the Sixth Amendment has been reconciled on the issue of a reporter's privilege by Florida courts and the Florida Legislature. The author provides both an analytic and empirical study. Analytically, the article looks to the two amendments to define a reporter's privilege and considers the history of the privilege. The article discusses …


E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler Jan 2013

E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler

Barry Law Review

This article seeks to apply Rogers Smith’s Multiple Traditions thesis to the United States Supreme Court’s treatment of the Fourteenth Amendment to uncover the influences behind its major civil rights decisions. It will argue that liberalism dominates at the Court after mostly, but not completely, shedding its illiberal tendencies. This article will argue that the Court’s focus on intent over impact and its “color-blind” approach to racial classifications in the era of subterranean prejudice and indifference or ignorance to inequality solidifies and perpetuates the hierarchies created by ascriptive forms of Americanism under the Court’s liberal notions. This article will also …