Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Other Law (75)
- Administrative Law (50)
- Environmental Law (46)
- Law and Society (46)
- Land Use Law (43)
-
- Energy and Utilities Law (40)
- Natural Resources Law (40)
- Oil, Gas, and Mineral Law (38)
- Admiralty (37)
- Animal Law (36)
- Constitutional Law (25)
- Legislation (18)
- Courts (14)
- International Law (13)
- Civil Rights and Discrimination (12)
- Criminal Law (11)
- Commercial Law (8)
- First Amendment (7)
- Criminal Procedure (6)
- Jurisdiction (6)
- Civil Law (5)
- Health Law and Policy (5)
- Immigration Law (5)
- Litigation (5)
- Bankruptcy Law (4)
- Common Law (4)
- Contracts (4)
- Fourteenth Amendment (4)
- Keyword
-
- Law (12)
- Environment (10)
- Jurisprudence (10)
- Uniform Commercial Code (9)
- Sales (8)
-
- Article 2 (7)
- CISG (7)
- Florida (7)
- UCC (7)
- Environmental law (6)
- Nature law (5)
- Rights of nature (5)
- Commercial Practices (4)
- Constitutional Law (4)
- Contracts (4)
- Environmental Law (4)
- Immigration (4)
- Jurisdiction (4)
- Twenty-First Century (4)
- ALI (3)
- American Law Institute (3)
- Civil Procedure (3)
- Constitution (3)
- Criminal Law (3)
- Criminal Procedure (3)
- Earth Jurisprudence (3)
- Equal Protection (3)
- Litigation (3)
- Title VII (3)
- Administrative law (2)
- Publication Year
- Publication
- Publication Type
Articles 151 - 166 of 166
Full-Text Articles in Jurisprudence
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.
Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock
Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande
When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande
Barry Law Review
No abstract provided.
Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu
Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu
Barry Law Review
Increasing business transactions between Taiwan and China have caused international intellectual property disputes to become a new and serious problem for Taiwanese businessmen who have direct and indirect investments in trade. In order to solve this problem, Taiwan and China sequentially set special regulations. For example, section 74 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area was enacted by the government of Taiwan to recognize China’s civil arbitration procedures. On July 23, 2004, China established the Regulations of the Supreme People’s Court Regarding the People’s Courts’ Recognition of the Civil Judgments Rendered by …
The Fair Labor Standards Act Exemptions And The Pharmaceuticals Industry: Are Sales Representatives Entitled To Overtime?, Steven I. Locke
The Fair Labor Standards Act Exemptions And The Pharmaceuticals Industry: Are Sales Representatives Entitled To Overtime?, Steven I. Locke
Barry Law Review
This article discusses the battle in the courts as to whether highly compensated pharmaceutical sales representatives are entitled to overtime pay under the Fair Labor Standards Act, or whether they are excluded from such an entitlement under one or more of the Act’s “exemptions.” This article also conducts a review of the courts’ various conflicting positions and charts a course for addressing the issue before the Courts of Appeals and ultimately the Supreme Court.
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.
On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner
On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner
Barry Law Review
This article examines the statistics concerning piratical incidents occurring in the year 2008 and their impact on the world economy. This article also reviews the total scope of sea piracy worldwide with regard to the number and type of incidents thereof, because Somalia is not the only place in the world where sea piracy occurs. Finally, this article analyzes the history of prescribing and enforcing a jurisdiction regarding the international law of sea piracy.
The Decline And Fall Of The American Judicial Opinion, Part Ii: Back To The Future From The Roberts Court To Learned Hand – Segmentation, Audience, And The Opportunity Of Justice Sotomayor, Jeffrey A. Van Detta
The Decline And Fall Of The American Judicial Opinion, Part Ii: Back To The Future From The Roberts Court To Learned Hand – Segmentation, Audience, And The Opportunity Of Justice Sotomayor, Jeffrey A. Van Detta
Barry Law Review
No abstract provided.
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Faculty Scholarship
No abstract provided.