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Full-Text Articles in Legislation

The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan Dec 2019

The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan

Child and Family Law Journal

This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …


The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood Mar 2017

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.


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.


Unlocking The Eighth Amendment's Power To Make Innocence A Constitutional Claim: The 'Objective' Views Of State Legislators, David Niven Jan 2013

Unlocking The Eighth Amendment's Power To Make Innocence A Constitutional Claim: The 'Objective' Views Of State Legislators, David Niven

Barry Law Review

No abstract provided.


Legally Ill: Is The Federal Health Insurance Mandate Constitutional?, Josh Bolus Jan 2011

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 Jan 2011

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 …