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Jurisprudence

Journal

Barry Law Review

2022

Articles 1 - 6 of 6

Full-Text Articles in Law

Trial By Combat In The Modern World, Michael L. Smith May 2022

Trial By Combat In The Modern World, Michael L. Smith

Barry Law Review

The ancient practice of trial by combat was abandoned hundreds of years ago and has never been employed in America. Yet this has not stopped litigants and others from demanding trial by combat—a tactic which, while infrequent, implicates deeper questions of the history of American law. In the past several years, several high-profile demands for trial by combat have prompted media attention and caused several commentators to suggest that trial by combat may be an option for civil litigants. Most coverage and commentary only focuses on each instance of trial by combat as they arise—without attention to other examples of …


“Protecting The Superfluous…To Preserve The Necessary”: Whose Is The Power? The Case Of The Cursing Cheerleader: Mahanoy Area School District V. B.L., Lisa Smith-Butler May 2022

“Protecting The Superfluous…To Preserve The Necessary”: Whose Is The Power? The Case Of The Cursing Cheerleader: Mahanoy Area School District V. B.L., Lisa Smith-Butler

Barry Law Review

This article explores the free speech rights of students in the public school setting while off-campus in the recently decided Supreme Court of the United States case of Mahanoy Area School District v. B.L. It examines the history of school discipline from the American colonial period to the present, and briefly explores the First Amendment doctrine regarding content regulation. Next, it reviews the line of Supreme Court decisions from Tinker onwards regarding students’ First Amendment rights in the public school setting and then studies decisions from circuit courts. It then considers the various rules proposed by all of the litigants …


Reforming The Methods Used For Obtaining Juvenile Confessions, Melissa Sarsten Polito May 2022

Reforming The Methods Used For Obtaining Juvenile Confessions, Melissa Sarsten Polito

Barry Law Review

No abstract provided.


Proving The Negative: Florida's Stand Your Ground Law And The Burden Of Proof, Connor Bishop May 2022

Proving The Negative: Florida's Stand Your Ground Law And The Burden Of Proof, Connor Bishop

Barry Law Review

Self-defense and Stand Your Ground laws are controversial subjects in today’s world. On one side, some argue that these laws protect our Second Amendment right to bear arms, protect ourselves, and our loved ones without fear of criminal prosecution. On the other hand, opponents argue that Stand Your Ground laws encourage evermore violent acts and vigilantism. In the center is the controversy of applying the law. From the people who are disproportionately charged and tried to those that avoid prosecution, this country has become a heightened example of the problems with the current state of self-defense. From Zimmerman to the …


The Hale Act Only Fuels The Wheel Of Abuse In The Digital Age, Kathleen Evans May 2022

The Hale Act Only Fuels The Wheel Of Abuse In The Digital Age, Kathleen Evans

Barry Law Review

No abstract provided.


What’S In A Name? The Use Of The Title “Doctor” By Jds In Academia, Charles W. Penrod, Lindsay Fryer May 2022

What’S In A Name? The Use Of The Title “Doctor” By Jds In Academia, Charles W. Penrod, Lindsay Fryer

Barry Law Review

No abstract provided.