Law Commons^™

Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart

Environmental and Earth Law Journal (EELJ)

As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …

Addressing The Disproportionate Adverse Health Effects Among Bipoc Communities As A Result Of Environmental Racism, Lindsay M. Farbent

Environmental and Earth Law Journal (EELJ)

This article examines factors that contribute to the negative health impacts on Black Americans, other minorities, and low-income communities that are living in areas with high levels of air pollution, toxic waste, and environmental hazards. First, this article assesses the role of historical residential redlining on the segregation of BIPOC neighborhoods. Furthermore, the article addresses gaps in both federal and state environmental laws that allow facilities to keep obtaining permits and polluting in BIPOC and primarily low-income neighborhoods. Moreover, the article explains the higher rates of trauma, stress, and stress-related illnesses among BIPOC communities exposed to high levels of environmental …

Is Bitcoin The New Gold? The Two May Be More Similar Than You Think, Including Their Value, Uses, And Deleterious Effects On The Environment, Justin Allen

Environmental and Earth Law Journal (EELJ)

In the 1850s, the Gold Rush started in the United States, and in 2010, an analogous phenomenon, the Cryptoboom, began. Similar to the Gold Rush, Bitcoin’s initial boom was marred by the deleterious effects that mining for valuable coins had on the environment, but there are steps that can be taken to mitigate the negative effect cryptocurrencies have on the environment. Cryptocurrencies, including Bitcoin and the blockchain technology that powers cryptocurrencies, have been widely embraced by many people, corporations, and even entire governments for a multitude of reasons. Some have embraced the fruits of blockchain to use as a decentralized …

Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco

Environmental and Earth Law Journal (EELJ)

This note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood …

Congress Invests In A New Generation: The Future Of Commercial Fishing Is Supported By The Implementation Of The Young Fishermen’S Development Act, Shayla Alltop

Environmental and Earth Law Journal (EELJ)

This note speaks to the importance and potential impact of the Young Fishermen’s Development Act. This ongoing, historical legislation, ultimately signed into law on January 5, 2021, will establish funds over several fiscal years to support the future of commercial fishing. The Alaska and New England regions are discussed briefly to show the significance of the commercial fishing industry to those areas. An overview of the Act is provided, and the context for its need is explained as it relates to the industry’s entrants. Further, the phenomenon known as “graying of the fleet” is examined, as well as some of …

No-One Receives Psychiatric Treatment In A Squad Car, Judy A. Clausen, Joanmarie Davoli

Faculty Scholarship

No abstract provided.

Langdell And The Foundation Of Classical Contract Law, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Marketing Research And Children’S Consumer Privacy Rights: A Battle In The Digital Age, Hadley Johnson

Child and Family Law Journal

Advancements in technology and social media have led to a decreased level of personal data privacy. Companies are now provided with limitless ways to extract information about their customers, even without their knowledge. This is especially concerning when it is the personal information of a child that is being collected, as in the United States, few regulations exist to protect them on social media. Even fewer regulations exist to protect children between the ages of thirteen and seventeen. The purpose of this Note is to discuss the importance between market research practices and children’s consumer privacy rights in the digital …

Floridians' Right To Choose Or Refuse Vaccinations, Patrick E. Tolan Jr.

Child and Family Law Journal

Every state must strike the right balance between an individual's freedom to make medical choices and the state's role in protecting the public health and the welfare of its people. Florida, by and through its Constitution, has afforded heightened protections for individual self-determination over medical treatment decisions and evaluates infringement of these private medical rights with strict scrutiny. This article is about legal rights for adults to obtain or refuse vaccines and for parents to decide the timing or administration of any vaccine or group of vaccines proposed for their school-aged, preschool, newborn, or unborn children.

I argue that States …

Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer

Child and Family Law Journal

In child custody litigation, when a parent raises the possibility of child abuse, the accused parent may respond that the parent wo has raised the possibility of abuse is alienating the child in an effort to gain an unfair advantage in court. The parent accused of abuse may offer expert testimony on parental alienation. A voluminous and contentious social science literature exists on parental alienation. Family law attorneys often lack ready access to social science literature. The purpose of this article is to give family law attorneys information from the parental alienation literature that can be used to cross-examine experts …

Covid-“14-17”: A Case For Florida Teens To Choose The Covid Vaccine Without Requiring Parental Consent, Kait Ramsay

Child and Family Law Journal

The novel COVID-19 pandemic has created a huge disruption to almost everyone, forcing many individuals to adapt to entirely new ways of life. In the United States, COVID safety protocols and restrictions, such as mask and vaccine mandates, have been met with huge political polarization and resistance.[1] Even as COVID variants have kept infections in a perpetual cycle of rising and falling, Florida has lifted mask mandates for businesses and schools, and its governor has been one of the largest vocal opponents to requiring vaccines for school attendance.[2] Furthermore, with the passing of Florida’s Parental Consent for Health …

Hopefully Enduring: How North Carolina’S Divorce Laws Violate The First Amendment, Maren H. Lowrey

Child and Family Law Journal

The phrase “til death do us part” is both poetic and aspirational. It is the ubiquitous vow Americans make to one another when they marry[1] and embark on what is “hopefully enduring.”[2] But life does not always meet the aspirational marks we set and that is most true in the context of marriage and divorce. Each state enjoys nearly exclusive control over this intimate relationship, which results in different regulatory schemes across the United States.[3] Changes in Supreme Court jurisprudence over time ensured state regulation of marriage did not run afoul of the Constitution.[4] These decisions …

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

Barry Law Review

No abstract provided.

“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 …

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

Barry Law Review

No abstract provided.

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 …

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.

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 …

State Attorneys General And The Public Nuisance Doctrine: Lessons To Be Derived From State Ex Rel. Attorney General Of Oklahoma V. Johnson & Johnson, John S. Baker Jr, Joanmarie Davoli

Faculty Scholarship

No abstract provided.

Emotional Distress Recovery For Mishandling Of Human Remains: A Fifty State Survey, Christopher Ogolla

Faculty Scholarship

No abstract provided.

Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Rachel E. Deming

Faculty Scholarship

No abstract provided.

Evolving Standards Of Irrelevancy?, Joanmarie Davoli

Faculty Scholarship

No abstract provided.