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Articles 1 - 23 of 23
Full-Text Articles in Law
The Statute Of Frauds And Oral Promises Of Job Security The Tenuous Distinction Between Performance And Excusable Nonperformance, Daniel P. O'Gorman
The Statute Of Frauds And Oral Promises Of Job Security The Tenuous Distinction Between Performance And Excusable Nonperformance, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect, And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky
Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect, And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky
Faculty Scholarship
The author argues that the benefits of breastfeeding are overwhelming and that more needs to be done to ensure that all women have a viable option to continue breastfeeding upon returning to work, particularly the working poor and minorities. Those least likely to breastfeed are more likely to be part of an at risk population in terms of health. Most significantly, the lack of a cohesive policy in the workplace has had a disparate impact on the most vulnerable populations of breastfeeding mothers and their children. The lack of federal protection and a patchwork of protection in the states have …
In The Trenches Of Florida’S War On Gangs: A Framework For Prosecuting Florida’S Anti-Gang Sentence Enhancement Provision, Rodrigo M. Caruço
In The Trenches Of Florida’S War On Gangs: A Framework For Prosecuting Florida’S Anti-Gang Sentence Enhancement Provision, Rodrigo M. Caruço
Barry Law Review
This article discusses how the State of Florida prosecutes under the new sentence enhancement provision of Florida’s anti-gang statute. Part I discusses the general history of the provision. Part II analyzes different state approaches to the enhancement provision. Finally, Part III concludes the article with two recommendations. First, a statutory response that provides all courts in the State with clear direction to implement this provision. Second, a judicial approach for Florida courts to consistently implement a provision that is essential to Florida’s war on criminal gangs.
“Runaway Train”: Controlling Crimes Committed By Private Contractors Through Application Of The Uniform Code Of Military Justice, Matthew Dahl
Barry Law Review
This paper will argue that, in the absence of effective alternatives, the new law granting court-martial jurisdiction over civilians is a necessary step in effectively controlling crimes by private contractors and other civilians accompanying U.S. armed forces overseas if other measures are not effectuated. Part II will look at two important Supreme Court decisions that currently restrict the military’s ability to court-martial civilians, and it will also highlight the government’s attempts over the past 50 years to come up with a solution to the problem. Part III will examine three alternatives to the amendment to Article 2(a)(10) that could make …
Strange Bedfellows: How The Ncaa And Ea Sports May Have Violated Antitrust And Right Of Publicity Laws To Make A Profit At The Exploitation Of Intercollegiate Amateurism, Andrew B. Carrabis
Strange Bedfellows: How The Ncaa And Ea Sports May Have Violated Antitrust And Right Of Publicity Laws To Make A Profit At The Exploitation Of Intercollegiate Amateurism, Andrew B. Carrabis
Barry Law Review
No abstract provided.
Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist
Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist
Barry Law Review
The author of this article argues that drug addicts who finance their addiction through crime should be ineligible to receive a prison sentence under a recidivist statute like the three-strikes penalty. Part I introduces the problem, addiction and crime among current prisoners reported by the Department of Justice. Part II discusses Gary Ewing, an addict, a criminal, and a third strike offender. The story of Gary Ewing represents the injustices levied upon an addict/criminal by enhanced sentenced statutes like the three-strikes penalty. Part III is a discussion of the history of repeat offender statutes, primarily focusing on the inception of …
Miranda Warnings And Terry Stops: Another Perspective, Eugene L. Shapiro
Miranda Warnings And Terry Stops: Another Perspective, Eugene L. Shapiro
Barry Law Review
This article discusses the issue that federal Courts of Appeals have grappled with: whether an investigative stop upon less than probable cause under Terry v. Ohio may sometimes involve a need for Miranda warnings prior to questioning. It is the view of this commentary that post-Berkemer v. McCarty analyses by the Supreme Court concerning the Miranda “in custody” determination have had a singular influence upon judicial developments. There is now a very noticeable trend among the circuits towards the recognition of the appropriateness of Miranda warnings during some Terry stops.
Conspicuous Logic: Using The Logical Fallacy Of Affirming The Consequent As A Litigation Tool, Stephen M. Rice
Conspicuous Logic: Using The Logical Fallacy Of Affirming The Consequent As A Litigation Tool, Stephen M. Rice
Barry Law Review
This article will address one of the specific logical fallacies known as the Fallacy of Affirming the Consequent, discuss the place of formal logic in legal reasoning, describe the Fallacy of Affirming the Consequent, demonstrate how courts have explicitly used the fallacy in deciding cases, and detail how litigators can use the Fallacy to win cases.
Consent To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella
Consent To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella
Barry Law Review
This article discusses the tri-partite relationship in litigation between insurers, the insured, and retained counsel. This article further discusses the complications for plaintiffs who wish to settle a case with defense counsel retained by the insurance carrier, and the ethical considerations that may arise under the Model Rules of Professional conduct when settlement is at the direction of the insurance carrier.
Melendez-Diaz V. Massachusetts: The Future Of The Confrontation Clause, Joseph Henn
Melendez-Diaz V. Massachusetts: The Future Of The Confrontation Clause, Joseph Henn
Barry Law Review
The purpose of this article is to show the error in the majorities’ decision in Melendez-Diaz by approaching the issue from two perspectives. First, by investigating the cases and legal doctrines created by the Supreme Court in the years preceding Melendez-Diaz, this article will demonstrate why the case was erroneously decided. Second, this article explores the possibility that the majority decision was correct and thus the recently devised standard in Crawford v. Washington is inherently flawed. This article will further discuss the prior application of law before the Melendez-Diaz decision, offer analysis on the string of cases that led …
Communication Indecency: Why The Communications Decency Act, And The Judicial Interpretation Of It, Has Led To A Lawless Internet In The Area Of Defamation, Colby Ferris
Barry Law Review
First, this article explores how law of defamation has been applied in the brick and mortar world, and how those same principles were applied to the cyber world. Next it looks at Congress’s legislation of defamation law on the Internet, and how that legislation has been applied in court. Finally, it evaluates the changing attitude toward that legislation, and changes Congress should consider making.
The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo
The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo
Barry Law Review
Questioning the indifference of the law to its own normative correctness and its claim to legitimacy, this article explores the epistemological and ontological foundations upon which the concept and lexicon of show trial is predicated. By invoking the theory of performativity, the article distinguishes between the different models of show trials to allow for a more complex and nuanced reading of the particular nature of the show in judicial practices often called ‘show trials.’ By emphasizing the peculiarity of the ‘show’ in each ‘show trial’, the article seeks to reconceptualize the ambit of the criminal trial. Arguing against the emphasis …
Triple-A Ratings Stench: May The Credit Rating Agencies Be Held Accountable?, Thomas J. Pate
Triple-A Ratings Stench: May The Credit Rating Agencies Be Held Accountable?, Thomas J. Pate
Barry Law Review
This article analyzes the role the Credit Rating Agencies (CRAs) played in developing markets for certain types of asset-backed securities in order to identify how the CRAs promoted the leverage build up that occurred over the past 15 years. This analysis will highlight the fundamental flaws in the ratings process, with a view toward being able to assign responsibility accordingly. Further, the motivations of banks, financial institutions, and corporate issuers in relying on the CRAs will be critiqued. Additionally, the principal past and current in-court claims against the CRAs will be analyzed and hypotheses will be drawn on the liability …
Foreign Fishing Piracy Vs. Somalia Piracy – Does Wrong Equal Wrong?, Leticia M. Diaz, Barry Hart Dubner
Foreign Fishing Piracy Vs. Somalia Piracy – Does Wrong Equal Wrong?, Leticia M. Diaz, Barry Hart Dubner
Barry Law Review
This article is a sequel to the authors' last article, On the Evolution of the Law of International Sea Piracy, published in December 2009. That article attempted to illustrate the enormous problem of sea piracy off of Somalia. This article was inspired by the authors' attendance and participation at a two-day conference sponsored by the Harvard Kennedy School’s Belfer Center for Science and International Affairs. After the conference the authors were inspired to write this article, setting forth a view of why Somali piracy started and some of the problems created by these illegal acts.
Regression By Progression Unleveling The Classroom Playing Field Through Cosmetic Neurology, Helia Garrido Hull
Regression By Progression Unleveling The Classroom Playing Field Through Cosmetic Neurology, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Expectation Damages The Objective Theory Of Contracts And The Hairy Hand Case A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman
Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Faculty Scholarship
No abstract provided.
War And Peace Between Title Vii's Disparate Impact Provision And The Equal Protection Clause: Battling For A Compelling Interest, Eang L. Ngov
Faculty Scholarship
“[T]he war between disparate impact and equal protection will be waged sooner or later, and it behooves us to begin thinking about how – and on what terms – to make peace between them.” This Article addresses Justice Scalia’s premonition in Ricci v. DeStefano by providing an analysis of how that war may be waged and whether peace can be made between Title VII’s disparate impact provision and the Equal Protection Clause. Ricci involved a challenge to the City of New Haven’s decision to void the test results of an examination required for promotion within the City’s fire department. The …
After Medellin V. Texas, Will U.S. Commitments In International Extradition Cases Be Enforceable?, Mark A. Summers
After Medellin V. Texas, Will U.S. Commitments In International Extradition Cases Be Enforceable?, Mark A. Summers
Faculty Scholarship
No abstract provided.
A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham, Carlo A. Pedrioli
Faculty Scholarship
In classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change. While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many …
The Rhetoric Of Catharsis And Change: Law School Autobiography As A Nonfiction Law And Literature Subgenre, Carlo A. Pedrioli
The Rhetoric Of Catharsis And Change: Law School Autobiography As A Nonfiction Law And Literature Subgenre, Carlo A. Pedrioli
Faculty Scholarship
To date, little scholarship, if any, has addressed the autobiographies of law students, which have appeared in law review articles and books since at least the late 1970s. This shortcoming of law and literature scholarship in the nonfiction genre of autobiography is problematic. In the interest of understanding diverse perspectives in the legal community, legal scholars with autobiographical interests ought to give attention to the autobiographies of different individuals in this community, including the law students who will be the future members of the profession. Also, this shortcoming leaves a gap in the narrative discourse of the law since lawyers …