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3,154 full-text articles. Page 5 of 81.

Debate On Birthright Citizenship, Dr. John Eastman, Ediberto Román Florida International University College of Law 2017 Chapman University School of Law

Debate On Birthright Citizenship, Dr. John Eastman, Ediberto Román Florida International University College Of Law

Ediberto Roman

No abstract provided.


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky 2017 Duke University Law School

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Creating An Anti-Corruption Norm In Africa: Critical Reflections On Legal Instrumentalization For Development, Paul D. Ocheje 2017 University of Windsor, Faculty of Law

Creating An Anti-Corruption Norm In Africa: Critical Reflections On Legal Instrumentalization For Development, Paul D. Ocheje

Law Publications

Abstract

This article reflects critically on the instrumental value of law in the anti-corruption struggle in Africa. Three questions are central to this reflection: (a) Is the instrumental use of law to achieve a developmental purpose, such as anti-corruption, defensible in theory and practice? (b) Is law necessary to, and/or adequate for, the creation of an anti-corruption norm? (c) Why do the developing countries perform so poorly in the fight against corruption in comparison with their wealthier, industrialized counterparts? While the article defends the instrumentalization of law in this regard, it argues that the African normative context of corruption ...


Revolutionary Disobedience, Philip K. Y. Lau 2017 Barry University School of Law

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 ...


The Role Of The Judiciary When The Agency Confirmation Process Stalls: Thoughts On The Two-Member Nlrb And The Questions The Supreme Court Should Have, But Didn’T, Address In New Process Steel, L.P. V. Nlrb, Catherine L. Fisk 2017 University of California, Irvine

The Role Of The Judiciary When The Agency Confirmation Process Stalls: Thoughts On The Two-Member Nlrb And The Questions The Supreme Court Should Have, But Didn’T, Address In New Process Steel, L.P. V. Nlrb, Catherine L. Fisk

Catherine Fisk

No abstract provided.


Do Code Violations And Liens Run With The Land? Carving Out A Changing Landscape To Section 162.09(3), Florida Statutes, With Enactment Of Section 723.024, Florida Statutes, Mobile Home Park Lot Tenancies, Harry M. Hipler 2017 Barry University School of Law

Do Code Violations And Liens Run With The Land? Carving Out A Changing Landscape To Section 162.09(3), Florida Statutes, With Enactment Of Section 723.024, Florida Statutes, Mobile Home Park Lot Tenancies, Harry M. Hipler

Barry Law Review

No abstract provided.


Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez 2017 Barry University School of Law

Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez

Barry Law Review

No abstract provided.


2017 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer 2017 Golden Gate University School of Law

2017 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer

Annual Reports

Digital Commons: The Legal Scholarship Repository @ Golden Gate University School of Law, or, simply, DC@GGULaw, is the institutional repository for the law school’s intellectual work and contributions to the field of law, produced by faculty, students, centers or conferences. This report highlights the major accomplishments of DC@GGULaw from May, 2016 through April, 2017.


The Migingo Island Dispute Between Kenya And Uganda, Christopher R. Rossi 2017 Brooklyn Law School

The Migingo Island Dispute Between Kenya And Uganda, Christopher R. Rossi

Brooklyn Journal of International Law

Migingo is an islet in Lake Victoria, half the size of a football field. For most of its history, it had no significance. Recent adulterations to the lake’s water table in an age of climate change and to its biology in the Anthropocene age have altered the utility of the islet. It now sits atop the lake’s most fertile fishing ground and serves as a strategic off shore port straddling the water border between Uganda and Kenya. Uganda and Kenya dispute its sovereignty. Ownership of this microdot threatens bilateral peace and impacts regional security and economic development discussions ...


Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic 2017 Barry University School of Law

Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic

Barry Law Review

No abstract provided.


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 2017 Barry University School of Law

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 2017 Barry University School of Law

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.


Heroes Forgotten: Just My Luck, I’M Broken For A Buck, Jonathan Zimmermann 2017 Golden Gate University School of Law

Heroes Forgotten: Just My Luck, I’M Broken For A Buck, Jonathan Zimmermann

Poverty Law Conference & Symposium

President Kennedy famously stated at his inaugural address: “Ask not ask not what your country can do for you — ask what you can do for your country.” Throughout our years as a nation, handfuls of men and women have heard the calling to serve in the United States of America’s armed forces. While serving in the military may be an arduous process, transitioning back into the civilian world can be onerous as well. Although the former service member may be returning to a familiar land, many are now returning with unique and stressful experiences, making transitioning to civilian life ...


Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon 2017 Barry University School of Law

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.


Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski

Nevada Supreme Court Summaries

The Court determined that NRS 30.130, which concerns the Attorney General’s right to be notified and an opportunity to be heard in constitutional challenges to Nevada statutes, does not apply to criminal proceedings. Instead, NRS 30.130 only refers to a proceeding for declaratory relief, which is treated as a civil action.


Evaluating Systemic Advocacy: A Primer & Tools For Evaluating Systemic Advocacy In Ontario's Legal Clinics, Gemma Smyth 2017 Faculty of Law, University of Windsor

Evaluating Systemic Advocacy: A Primer & Tools For Evaluating Systemic Advocacy In Ontario's Legal Clinics, Gemma Smyth

Law Publications

No abstract provided.


E-Museletter: April 2017, Kathleen Klepfer 2017 University of Richmond

E-Museletter: April 2017, Kathleen Klepfer

Museletter

This Issue:

Congratulations to the Class of 2017!

The Law library is still hiring for Summer RA positions!

[Information for Graduating Students]

Study Aids and the Exam File

Need Self Control? There's an App for that!

2017 Law Library Student Survey

Wall Street Journal Online now Available

Bridge the Gap

[24 hour access]

New Materials


Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager 2017 California Western School of Law

Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


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

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 Limits Of Performance-Based Regulation, Cary Coglianese 2017 University of Pennsylvania Law School

The Limits Of Performance-Based Regulation, Cary Coglianese

University of Michigan Journal of Law Reform

Performance-based regulation is widely heralded as a superior approach to regulation. Rather than specifying the actions regulated entities must take, performance-based regulation instead requires the attainment of outcomes and gives flexibility in how to meet them. Despite nearly universal acclaim for performance-based regulation, the reasons supporting its use remain largely theoretical and conjectural. Owing in part to a lack of a clear conceptual taxonomy, researchers have yet to produce much empirical research documenting the strengths and weaknesses of performance-based regulation. In this Article, I provide a much-needed conceptual framework for understanding and assessing performance-based regulation. After defining performance-based regulation and ...


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