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Trial By Combat In The Modern World, Michael L. Smith May 2022

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 …


“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 May 2022

“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 …


Reforming The Methods Used For Obtaining Juvenile Confessions, Melissa Sarsten Polito May 2022

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

Barry Law Review

No abstract provided.


Proving The Negative: Florida's Stand Your Ground Law And The Burden Of Proof, Connor Bishop May 2022

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 …


The Hale Act Only Fuels The Wheel Of Abuse In The Digital Age, Kathleen Evans May 2022

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

Barry Law Review

No abstract provided.


What’S In A Name? The Use Of The Title “Doctor” By Jds In Academia, Charles W. Penrod, Lindsay Fryer May 2022

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.


A Lit Stick Of Dynamite: The Story Of Desegregation In Clinton, Tennessee, Johnny Cerisano Jan 2021

A Lit Stick Of Dynamite: The Story Of Desegregation In Clinton, Tennessee, Johnny Cerisano

Barry Law Review

No abstract provided.


Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa Jan 2021

Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa

Barry Law Review

No abstract provided.


When The Rule Invites The Exceptions: How The Arizona Supreme Court's Attempt To Clarify The Economic Loss Rule In Flagstaff Affordable Housing Has Led To Discontinuity In Subsequent Application, Grant H. Frazier, Justin J. Larson Jan 2021

When The Rule Invites The Exceptions: How The Arizona Supreme Court's Attempt To Clarify The Economic Loss Rule In Flagstaff Affordable Housing Has Led To Discontinuity In Subsequent Application, Grant H. Frazier, Justin J. Larson

Barry Law Review

No abstract provided.


The Constitution Is Dead, Long Live The Constitution! The Creation, Endurance, And Modification Of Modern Revolutionary Constitutions, Jorge M. Farinacci-FernóS Jun 2020

The Constitution Is Dead, Long Live The Constitution! The Creation, Endurance, And Modification Of Modern Revolutionary Constitutions, Jorge M. Farinacci-FernóS

Barry Law Review

No abstract provided.


A Shield Becomes A Sword: Defining And Deploying A Constitutional Theory For Communities Of Interest In Political Redistricting, Glenn D. Magpantay Jun 2020

A Shield Becomes A Sword: Defining And Deploying A Constitutional Theory For Communities Of Interest In Political Redistricting, Glenn D. Magpantay

Barry Law Review

No abstract provided.


An Immigration Defense Lawyer Walked Into A Barr... The Impact Of Trump’S Justice Department On The Defense Of Criminal Immigrants, Michael Vastine Jun 2020

An Immigration Defense Lawyer Walked Into A Barr... The Impact Of Trump’S Justice Department On The Defense Of Criminal Immigrants, Michael Vastine

Barry Law Review

No abstract provided.


Sexual Orientation Discrimination And The Opportunity For Florida To Finally Make Amends, Samantha Lambert Jun 2020

Sexual Orientation Discrimination And The Opportunity For Florida To Finally Make Amends, Samantha Lambert

Barry Law Review

No abstract provided.


Mcneighbor? Legal Barriers To A National Food-Sharing Economy, Evelyn Schwalb Jun 2020

Mcneighbor? Legal Barriers To A National Food-Sharing Economy, Evelyn Schwalb

Barry Law Review

No abstract provided.


Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard Jan 2020

Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard

Barry Law Review

No abstract provided.


States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom May 2019

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 May 2019

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 May 2019

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 May 2019

A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath

Barry Law Review

No abstract provided.


Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon Jan 2019

Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon

Barry Law Review

No abstract provided.


The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer Jan 2019

The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer

Barry Law Review

No abstract provided.


The Government Should Not Always Win: I.R.S. Practices That Verge On Unconstitutional Practices, Kayla Kendrick Odom Jan 2019

The Government Should Not Always Win: I.R.S. Practices That Verge On Unconstitutional Practices, Kayla Kendrick Odom

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 Jan 2019

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.


Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg Jun 2018

Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg

Barry Law Review

No abstract provided.


Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel Jun 2018

Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel

Barry Law Review

No abstract provided.


Foreword, Leticia Diaz Jun 2018

Foreword, Leticia Diaz

Barry Law Review

No abstract provided.


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White Jun 2018

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White

Barry Law Review

No abstract provided.


Importing Uniform Sales Law Into Article 2, Steven Walt Jun 2018

Importing Uniform Sales Law Into Article 2, Steven Walt

Barry Law Review

No abstract provided.


The Myth Of Trade Usages: A Talk, Lisa Bernstein Jun 2018

The Myth Of Trade Usages: A Talk, Lisa Bernstein

Barry Law Review

No abstract provided.


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White Jun 2018

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White

Barry Law Review

No abstract provided.