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Articles 1 - 25 of 25
Full-Text Articles in Jurisprudence
States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom
States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom
Barry Law Review
No abstract provided.
Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson
Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson
Barry Law Review
No abstract provided.
All That Is Liquidated Melts Into Air: Five Meta-Interpretive Issues, D.A. Jeremy Telman
All That Is Liquidated Melts Into Air: Five Meta-Interpretive Issues, D.A. Jeremy Telman
Barry Law Review
No abstract provided.
A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath
A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath
Barry Law Review
No abstract provided.
The Opioid Crisis: The States' And Local Governments' Response To Bigpharma's Deception And Why The Supremacy Clause May Provide A Cloak For Opioid Manufacturers To Hide Behind, Tracie Childers
Barry Law Review
No abstract provided.
Revolutionary Disobedience, Philip K. Y. Lau
Revolutionary Disobedience, Philip K. Y. Lau
Barry Law Review
Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed …
Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi
Barry Law Review
No abstract provided.
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph
Barry Law Review
No abstract provided.
Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon
Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon
Barry Law Review
No abstract provided.
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
Barry Law Review
No abstract provided.
Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez
Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez
Faculty Scholarship
No abstract provided.
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
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.
The Standing Of The Public Interest, Amitai Etzioni
The Standing Of The Public Interest, Amitai Etzioni
Barry Law Review
No abstract provided.
An Eighth Amendment Analysis Of Statutes Allowing Or Mandating Transfer Of Juvenile Offenders To Adult Criminal Court In Light Of The Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience, Katherine I. Puzone
Faculty Scholarship
No abstract provided.
Has Society Become Tolerant Of Further Infringement On First Amendment Rights?, Nicholas Primrose
Has Society Become Tolerant Of Further Infringement On First Amendment Rights?, Nicholas Primrose
Barry Law Review
No abstract provided.
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
Faculty Scholarship
No abstract provided.
E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler
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 …
A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman
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 …
Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske
Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske
Faculty Scholarship
No abstract provided.
Legally Ill: Is The Federal Health Insurance Mandate Constitutional?, Josh Bolus
Legally Ill: Is The Federal Health Insurance Mandate Constitutional?, Josh Bolus
Barry Law Review
This article explores the constitutionality of the individual mandate of the health care reform bill known as the Patient Protection and Affordable Care Act, as well as the economic penalty that is assessed to those who do not meet the mandate. A brief history of prior health reform initiatives in the United States will be examined to provide a historical context for the current political debate regarding the currently instituted reforms. The legal justifications of the proponents for the mandate will be analyzed regarding their constitutionality, and the legal fate of the mandate will be examined. Lastly, this article will …
Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin
Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin
Barry Law Review
This article will analyze possible limitations on Congress’ Article I power, concluding that separation of powers jurisprudence offers a practical and appropriate manner in which to check Congressional overreach. Part I traces the development of Congress’ power to create Article I courts. Part II critically evaluates the Northern Pipeline opinions, ultimately finding neither Justice Brennan’s nor Justice White’s conflicting opinions satisfactory. Part III briefly discusses several possible limiting principles on Article I courts before concluding that separation of powers jurisprudence offers a meaningful and pragmatic solution to the problem. Part IV tests the practicality of this new separation of powers …
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.
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 …
Goodbye Forfeiture, Hello Waiver: The Effect Of Giles V. California, Monica J. Smith
Goodbye Forfeiture, Hello Waiver: The Effect Of Giles V. California, Monica J. Smith
Barry Law Review
This article begins with a presentation of the Giles case and provides an historical understanding of the confrontation right and forfeiture by wrongdoing under the Constitution, common law, and Federal Rules of Evidence. Through an examination of waiver requirements for other confrontation rights, the article demonstrates that the Court’s addition of an intent element has turned the forfeiture doctrine into a waiver of the confrontation right by misconduct.