Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

Barry University School of Law

2016

Articles 1 - 30 of 58

Full-Text Articles in Law

Breaking Bad Facts: How Intriguing Contradictions In Fiction Can Teach Lawyers To Re-Envision Harmful Evidence, Cathren Koehlert-Page Oct 2016

Breaking Bad Facts: How Intriguing Contradictions In Fiction Can Teach Lawyers To Re-Envision Harmful Evidence, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.


Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States, Thomas D. Lovett Sep 2016

Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States, Thomas D. Lovett

Barry Law Review

No abstract provided.


The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida, Ta’Lor Mcfarland Sep 2016

The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida, Ta’Lor Mcfarland

Barry Law Review

No abstract provided.


Lotteries As A Voluntary And "Painless" Tax In American Gaming Law And The Prospect Of Creating A Federal Lottery To Reduce The Federal Deficit In The Era Of Billion Dollar Jackpots, Stephen J. Leacock Sep 2016

Lotteries As A Voluntary And "Painless" Tax In American Gaming Law And The Prospect Of Creating A Federal Lottery To Reduce The Federal Deficit In The Era Of Billion Dollar Jackpots, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh Aug 2016

Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh

Barry Law Review

No abstract provided.


Workers' Compensation Law & The Remedial Waiver, Mary Kati Haupt Aug 2016

Workers' Compensation Law & The Remedial Waiver, Mary Kati Haupt

Barry Law Review

No abstract provided.


Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt, David Angley Aug 2016

Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt, David Angley

Barry Law Review

No abstract provided.


The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment, Christopher L. Henry Aug 2016

The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment, Christopher L. Henry

Barry Law Review

No abstract provided.


From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski Aug 2016

From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski

Barry Law Review

No abstract provided.


Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira Aug 2016

Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira

Environmental and Earth Law Journal (EELJ)

In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.


Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb Aug 2016

Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb

Environmental and Earth Law Journal (EELJ)

Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European …


Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez Aug 2016

Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez

Environmental and Earth Law Journal (EELJ)

This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb …


Equal Protection For Animals, Pat Andriola Aug 2016

Equal Protection For Animals, Pat Andriola

Environmental and Earth Law Journal (EELJ)

This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.


Hurricane Sandy And Her Lasting Environmental Impacts, Amanda Hunt Aug 2016

Hurricane Sandy And Her Lasting Environmental Impacts, Amanda Hunt

Environmental and Earth Law Journal (EELJ)

More than three years have passed since Hurricane Sandy; estimated to be nearly 900 to 1,000 miles wide, made landfall along the U.S. Mid-Atlantic and Northeast Coasts on October 29, 2012. This Comment addresses the exacerbated environmental and public health effects of Hurricane Sandy, which resulted from flaws in disaster relief funding.


International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad Jul 2016

International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Breaking Bad In The Eleventh Circuit: Assessing The Total Weight Of Methamphetamine For Sentencing Purposes, Richard Pallas Jr. Apr 2016

Breaking Bad In The Eleventh Circuit: Assessing The Total Weight Of Methamphetamine For Sentencing Purposes, Richard Pallas Jr.

Barry Law Review

No abstract provided.


War, Violence, And Punishment: A Media-Centric Approach Of Sharia And American Legal Doctrines, Yazen Abdin Apr 2016

War, Violence, And Punishment: A Media-Centric Approach Of Sharia And American Legal Doctrines, Yazen Abdin

Barry Law Review

No abstract provided.


When Self-Policing Does Not Cut It: Cruising, Rcra, And Hazardous Waste On The High Seas, Chris Ryan, Michelle Bedoya Mar 2016

When Self-Policing Does Not Cut It: Cruising, Rcra, And Hazardous Waste On The High Seas, Chris Ryan, Michelle Bedoya

Barry Law Review

No abstract provided.


Reducing The Rate Of Prison Recidivism In Florida By Providing State Corporate Income Tax Credits To Businesses As An Incentive For Employment Of Ex-Felons, Heidi A. Hillyer Mar 2016

Reducing The Rate Of Prison Recidivism In Florida By Providing State Corporate Income Tax Credits To Businesses As An Incentive For Employment Of Ex-Felons, Heidi A. Hillyer

Barry Law Review

No abstract provided.


The Federal Government's Usurpation Of Local Control From Public Schools: A Historical Analysis Of Politics, Law, And Reaction, Brett Geier Feb 2016

The Federal Government's Usurpation Of Local Control From Public Schools: A Historical Analysis Of Politics, Law, And Reaction, Brett Geier

Barry Law Review

No abstract provided.


The Erosion Of The Rule Of Law When A State Attorney General Refuses To Defend The Constitutionality Of Controversial Laws, Rena M. Lindevaldsen Jan 2016

The Erosion Of The Rule Of Law When A State Attorney General Refuses To Defend The Constitutionality Of Controversial Laws, Rena M. Lindevaldsen

Barry Law Review

No abstract provided.


Address: The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo Jan 2016

Address: The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo

Faculty Scholarship

No abstract provided.


Closing A Parol Evidence Rule Loophole: The Consideration Exception And The Preexisting Duty Rule, Daniel P. O'Gorman Jan 2016

Closing A Parol Evidence Rule Loophole: The Consideration Exception And The Preexisting Duty Rule, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman Jan 2016

Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman

Faculty Scholarship

No abstract provided.


A Tale Of Two Continents: Environmental Management-Based Regulation In The European Union And The United States, Rachel E. Deming Jan 2016

A Tale Of Two Continents: Environmental Management-Based Regulation In The European Union And The United States, Rachel E. Deming

Faculty Scholarship

No abstract provided.


Child Abuse In Nigeria: Dimension, Reasons For Its Persistence And Probable, Olaitan O. Olusegun, Amos A. Idowu Jan 2016

Child Abuse In Nigeria: Dimension, Reasons For Its Persistence And Probable, Olaitan O. Olusegun, Amos A. Idowu

Child and Family Law Journal

No abstract provided.


Editorial Board And Table Of Contents Jan 2016

Editorial Board And Table Of Contents

Child and Family Law Journal

No abstract provided.


The Critical Balance Between Parents' Rights And Students' Safety - How Parental Kidnapping Poses An Acute Threat To School Security, Adrianna B. La Kam Jan 2016

The Critical Balance Between Parents' Rights And Students' Safety - How Parental Kidnapping Poses An Acute Threat To School Security, Adrianna B. La Kam

Child and Family Law Journal

No abstract provided.


Victims With Responsibilities: Requiring Male Victims Of Statutory Rape To Pay Child Support With No Escape, Jessica Persaud Jan 2016

Victims With Responsibilities: Requiring Male Victims Of Statutory Rape To Pay Child Support With No Escape, Jessica Persaud

Child and Family Law Journal

No abstract provided.


Stepfamilies Are Becoming The Norm, So Let's Retire Cinderella: How Stepfamilies Can Learn To Thrive, Glen-Peter Ahlers Sr. Jan 2016

Stepfamilies Are Becoming The Norm, So Let's Retire Cinderella: How Stepfamilies Can Learn To Thrive, Glen-Peter Ahlers Sr.

Child and Family Law Journal

No abstract provided.