Seattle University School of Law
Barry University
Northwestern University School of Law
University of Connecticut
Golden Gate University School of Law
University of Nebraska College of Law
Columbia Law School
William & Mary Law School
An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women’S Access To Abortion,
2022
Portland State University
An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women’S Access To Abortion, Mitchell J. Foster
University Honors Theses
Since 1973, the federal government, through the Supreme Court of the United States, has acted to protect, the rights of women in their ability to choose to have an abortion without excessive governmental restriction. This thesis analyzes how and why access to abortion will shift in the face of the Supreme Court’s overturning of Roe v. Wade (1973), likely to occur this June. This thesis begins with an in-depth description of how and why abortion became illegal, how and why abortion became legal, and how the opposition has developed against legal abortion. Through the last few decades, though especially ...
The Case For A Liberal Communitarian Jurisprudence,
2022
Pepperdine University
The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni
Journal of the National Association of Administrative Law Judiciary
This article seeks to show that courts face difficulties without a principled, constitutional anchoring for the conception of the common good. Courts could divine the common good from the penumbra of the Fourth Amendment in the same way the Supreme Court created a right to privacy. In addition to creating a “common good” constitutional principle, the judicial branch should establish criteria to determine when this principle should take precedence over individual rights expressly preserved in the Constitution.
Trial By Combat In The Modern World,
2022
University of California - Los Angeles
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 ...
Reforming The Methods Used For Obtaining Juvenile Confessions,
2022
Barry University School of Law
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.,
2022
Charleston School of Law
“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 ...
Proving The Negative: Florida's Stand Your Ground Law And The Burden Of Proof,
2022
Barry University School of Law
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 Hale Act Only Fuels The Wheel Of Abuse In The Digital Age,
2022
Barry University School of Law
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,
2022
University of West Florida
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.
All Of The Products, None Of The Liability: Examining The Supreme Court Of Ohio's Decision In Stiner V. Amazon.Com, Inc.,
2022
University of Cincinnati College of Law
All Of The Products, None Of The Liability: Examining The Supreme Court Of Ohio's Decision In Stiner V. Amazon.Com, Inc., Danny O'Connor
University of Cincinnati Law Review
No abstract provided.
Mitigating The Discretion Disaster: How Changes In The Law Can Help Fema Effectuate Its Critical Mission,
2022
University of Cincinnati College of Law
Mitigating The Discretion Disaster: How Changes In The Law Can Help Fema Effectuate Its Critical Mission, Paul G. Rando
University of Cincinnati Law Review
No abstract provided.
In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age,
2022
University of Cincinnati College of Law
In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age, Andrew White
University of Cincinnati Law Review
No abstract provided.
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism,
2022
University of Cincinnati College of Law
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron
University of Cincinnati Law Review
No abstract provided.
Technologically Improving Textualism,
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen
Nevada Law Journal Forum
The textualist approach to construing statutes, regulations, contracts, and other documents remains dominant but has drawbacks, most significantly its tendency to disregard probative evidence of textual meaning in favor of isolated judicial impressions and dictionary definitions. Although a broader, contextual, “integrative” approach to interpretation is preferable, the hegemony of textualism, even extreme textualism, is unlikely to recede soon. Textualism can be substantially improved, however, through effective use of a form of big data—the corpus linguistics approach to discerning word meaning. By enlarging the universe of sources about how words are actually used, corpus linguistics represents a significant improvement over ...
The Meaning And Malleableness Of Liberty From 1897-1945,
2022
Purdue University
The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith
The Purdue Historian
This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U ...
China's Food Pagodas: Looking Forward By Looking Back?,
2022
New York University
China's Food Pagodas: Looking Forward By Looking Back?, Yifei Li, Dale Jamieson
Journal of Food Law & Policy
In this Article we provide a close analysis of the Chinese Dietary Guidelines – the Food Pagoda. Our focus on the dietary guidelines is motivated by two main considerations. First, the guidelines represent the most comprehensive, nationwide, state sponsored effort to educate the people of China about food. Like citizens in most countries, Chinese people are presented with numerous, often competing, messages from scientists, food gurus and online influencers. The dietary guidelines are different in that they are backed by an entire suite of governmental resources for nationwide dissemination through hospitals, schools, public billboards, TV and radio ads, among others. Among ...
I Want You To Panic: Leveraging The Rhetoric Of Fear And Rage For The Future Of Food,
2022
George Washington University
I Want You To Panic: Leveraging The Rhetoric Of Fear And Rage For The Future Of Food, Iselin Gambert
Journal of Food Law & Policy
"Humanity Is About to Kill 1 Million Species in a Globe-Spanning Murder-Suicide. Only 11 Years Left to Prevent Irreversible Damage from Climate Change." Doomsday headlines like these are terrifying. But are they enough to make us act? The causes of the current climate crisis are many, but the science is clear that the meat and dairy industry shoulders much of the blame. Given the role the animal agriculture industry plays in perpetuating the climate crisis, combined with the harms the industry imposes on the animals and workers within it, politicians and governments—given their degree of power and influence—should ...
The Right To Food Comes To America,
2022
WhyHunger
The Right To Food Comes To America, Wendy Heipt
Journal of Food Law & Policy
The people of Maine recently exercised an opportunity no citizen of this country has ever had before: the ability to vote on whether to enshrine a right to food in their state constitution. This Essay provides an overview of Maine’s experience with food rights in order to explain how the state came to occupy this unique position.
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management,
2022
Michican State University
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit
Journal of Food Law & Policy
Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode ...
Importing Indian Intolerance: How Title Vii Can Prevent Caste Discrimination In The American Workplace,
2022
University of Arkansas, Fayetteville
Importing Indian Intolerance: How Title Vii Can Prevent Caste Discrimination In The American Workplace, Brett Whitley
Arkansas Law Review
"If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem." - Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the “Untouchables." Most Hindus view Dalits as belonging to the lowest rung in the ancient system of social stratification that impacts individuals across the globe called the caste system. Your people have endured human rights abuses for centuries, but luckily, neither you nor a loved one have ever been the victim of one ...
Timing Legal Parenthood,
2022
University of Toronto, Toronto
Timing Legal Parenthood, Noy Naaman
Arkansas Law Review
When does a parent become a parent? While the literature on Assisted Reproductive Technology (“ART”) has explored the question, who is a parent? scholars in the field have paid less attention to the question “when should the parental status be formalized?” Is it at birth? Is it when a judicial order confers that legal status on an individual? Or, has the legal status of parenthood begun to develop during the time the individual has spent initiating the parental process and consolidated at the child’s birth? Yet, these questions have critical legal and practical implications. The following scenarios illustrate how ...
