Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

387584 Full-Text Articles 152498 Authors 142595802 Downloads 365 Institutions

All Articles in Law

Faceted Search

387584 full-text articles. Page 3 of 6965.

Northern Queen, Inc. V. Kathryn Kinnear 298 F.3d 1090 (9th Cir. 2002) (Decided Aug. 7, 2002), Mariya Link 2018 St. John's University School of Law

Northern Queen, Inc. V. Kathryn Kinnear 298 F.3d 1090 (9th Cir. 2002) (Decided Aug. 7, 2002), Mariya Link

Admiralty Practicum

No abstract provided.


United States Of America V. James Joshua Thompson, Aka James Deas 282 F.3d 673 (9th Cir. 2002) (Decided March 4, 2002), George Schneider 2018 St. John's University School of Law

United States Of America V. James Joshua Thompson, Aka James Deas 282 F.3d 673 (9th Cir. 2002) (Decided March 4, 2002), George Schneider

Admiralty Practicum

No abstract provided.


O'Hara V. Weeks Marine, Inc. 294 F.3d 55 (2d Cir. 2002) (Decided April 1, 2002), Yee Ling Elaine Lau 2018 St. John's University School of Law

O'Hara V. Weeks Marine, Inc. 294 F.3d 55 (2d Cir. 2002) (Decided April 1, 2002), Yee Ling Elaine Lau

Admiralty Practicum

No abstract provided.


Stevedoring Services Of America V. Director, Office Of Workers' Compensation Programs 297 F.3d 797 (9th Cir. 2002) (Decided June 16, 1999), Brian F. Allen 2018 St. John's University School of Law

Stevedoring Services Of America V. Director, Office Of Workers' Compensation Programs 297 F.3d 797 (9th Cir. 2002) (Decided June 16, 1999), Brian F. Allen

Admiralty Practicum

No abstract provided.


Cynthia B. Brown V. Stephen B. Colvin, M.D. Supreme Court Of New York, Appellate Division, First Department 291 A.D.2d 306 (Decided February 21, 2002), Monica Brescia 2018 St. John's University School of Law

Cynthia B. Brown V. Stephen B. Colvin, M.D. Supreme Court Of New York, Appellate Division, First Department 291 A.D.2d 306 (Decided February 21, 2002), Monica Brescia

Admiralty Practicum

No abstract provided.


Double-Tap Warfare: Should President Obama Be Investigated For War Crimes?, Samuel Alexander 2018 University of Florida Levin College of Law

Double-Tap Warfare: Should President Obama Be Investigated For War Crimes?, Samuel Alexander

Florida Law Review

A “double-tap” drone strike involves bombing a target, waiting a period of five to twenty minutes, often during which first responders arrive, and then bombing the target a second or even third time. This Note argues that such attacks, by virtue of their indiscriminate nature, are likely serious violations of Common Article 3 of the Geneva Conventions of 1949, which prohibits targeting civilians, the wounded, or those placed hors de combat. Thus, such attacks are likely war crimes under international law and under the War Crimes Act of 1996, a U.S. law that criminalizes carrying out, or ordering to ...


A Man’S Home Is His Castle, But It Has A Secret Dungeon: Domestic Violence Victims Need An Amendment To Florida’S All-Party Consent Law, David K. Warren 2018 University of Florida Levin College of Law

A Man’S Home Is His Castle, But It Has A Secret Dungeon: Domestic Violence Victims Need An Amendment To Florida’S All-Party Consent Law, David K. Warren

Florida Law Review

Domestic violence is an epidemic that is occurring at alarming rates throughout the state of Florida and across the nation. Much of that abuse occurs behind closed doors inside the home where there are no witnesses. Because Florida law does not allow a person to record communications without the consent of everyone else involved, victims are forced to rely on uncorroborated verbal accusations when they report their abuse. Unfortunately, it is difficult to prosecute these cases because they turn into credibility contests where the abuser often has an unfair advantage and has learned how to manipulate the system. If the ...


Black Box Tinkering: Beyond Disclosure In Algorithmic Enforcement, Maayan Perel, Niva Elkin-Koren 2018 University of Florida Levin College of Law

Black Box Tinkering: Beyond Disclosure In Algorithmic Enforcement, Maayan Perel, Niva Elkin-Koren

Florida Law Review

The pervasive growth of algorithmic enforcement magnifies current debates regarding the virtues of transparency. Using codes to conduct robust online enforcement not only amplifies the settled problem of magnitude, or “too-much-information,” often associated with present- day disclosures, but it also imposes practical difficulties on relying on transparency as an adequate check for algorithmic enforcement. Algorithms are non-transparent by nature; their decision-making criteria are concealed behind a veil of code that we cannot easily read and comprehend. Additionally, these algorithms are dynamic in their ability to evolve according to different data patterns. This further makes them unpredictable. Moreover, algorithms that enforce ...


Counterspeech, Cosby, And Libel Law: Some Lessons About “Pure Opinion” & Resuscitating The Self-Defense Privilege, Clay Calvert 2018 University of Florida Levin College of Law

Counterspeech, Cosby, And Libel Law: Some Lessons About “Pure Opinion” & Resuscitating The Self-Defense Privilege, Clay Calvert

Florida Law Review

Using the recent federal district court opinions in Hill v. Cosby and Green v. Cosby as analytical springboards, this timely Article explores problems with the concept of pure opinion in libel law. Specifically, Hill and Green pivoted on the same allegedly defamatory statement attorney Martin Singer made on behalf of comedian Bill Cosby, yet the judges involved reached opposite conclusions regarding whether it was protected as pure opinion. Furthermore, this Article analyzes notions of counterspeech and the conditional self-defense privilege in libel law in arguing for shielding Singer’s statement from liability. Although the self- defense privilege was flatly rejected ...


The Fresh Start Canon, Jonathon S. Byington 2018 University of Florida Levin College of Law

The Fresh Start Canon, Jonathon S. Byington

Florida Law Review

A primary policy of bankruptcy law is to give consumer debtors a “fresh start” by discharging their debt. A rival policy is that the discharge of debt is a selectively conferred privilege that is not granted in some situations. For example, society is unwilling to pardon debt related to embezzlement or a domestic-support obligation. This “discharge restrictions” policy is manifested in part by the Bankruptcy Code’s exceptions to discharge. The U.S. Supreme Court has repeatedly recognized the tension between the fresh start and discharge restriction policies. It has sought to achieve a fair balance between these policies by ...


Judging Implicit Bias: A National Empirical Study Of Judicial Stereotypes, Justin D. Levinson, Mark W. Bennett, Koichi Hioki 2018 University of Florida Levin College of Law

Judging Implicit Bias: A National Empirical Study Of Judicial Stereotypes, Justin D. Levinson, Mark W. Bennett, Koichi Hioki

Florida Law Review

American judges, and especially lifetime-appointed federal judges, are often revered as the pinnacle of objectivity, possessing a deep commitment to fairness, and driven to seek justice as they interpret federal laws and the U.S. Constitution. As these judges struggle with some of the great challenges of the modern legal world, empirical scholars must seek to fully understand the role of implicit bias in judicial decision-making. Research from the field of implicit social cognition has long documented negative implicit biases towards a wide range of group members, some of whom may well be harmed in various ways across the legal ...


Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson 2018 University of Florida Levin College of Law

Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson

Florida Law Review

The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the ...


I Am Cait, But It's None Of Your Business: The Problem Of Invasive Transgender Policies And A Fourth Amendment Solution, Elise Holtzman 2018 University of Florida Levin College of Law

I Am Cait, But It's None Of Your Business: The Problem Of Invasive Transgender Policies And A Fourth Amendment Solution, Elise Holtzman

Florida Law Review

Transgender people constitute a distinct minority with unique legal battles. There is a widespread societal misunderstanding of what it means to be transgender that results in treating the transgender community the same as their lesbian, gay, and members of bisexual counterparts. This misunderstanding is even more prevalent in the legal context, resulting in a serious failure of courts to protect transgender individuals’ constitutional rights. This Note explores why the current legal treatment of transgender rights is inadequate. This Note then argues that the Fourth Amendment right to privacy should be construed outside of the criminal context and should be utilized ...


Who Watches This Stuff?: Videos Depicting Actual Murder And The Need For A Federal Criminal Murder-Video Statute, Musa K. Farmand Jr. 2018 University of Florida Levin College of Law

Who Watches This Stuff?: Videos Depicting Actual Murder And The Need For A Federal Criminal Murder-Video Statute, Musa K. Farmand Jr.

Florida Law Review

Murder videos are video recordings that depict the intentional, unlawful killing of one human being by another. Generally, due to their obscene nature, murder videos are absent from mainstream media. However, in the wake of Vester Lee Flanagan II's filmed murders of reporter Allison Parker and cameraman Adam Ward on live television, it is perhaps only a matter of time before murder videos become an acceptable form of entertainment. Further, Americans should be wary of potential "copycat" perpetrators and their thirst for infamy via immortalization on the Internet, as the free dissemination of murder videos provide extra incentive to ...


When Girls Play With G.I. Joes And Boys Play With Barbies: The Path To Gender Reassignment In Minors, Nicole Burt 2018 University of Florida Levin College of Law

When Girls Play With G.I. Joes And Boys Play With Barbies: The Path To Gender Reassignment In Minors, Nicole Burt

Florida Law Review

Currently, the process of gender reassignment in minors requires parental consent and the approval of a mental-health counselor. The actual treatment can begin with puberty blockers-which stall the beginnings of puberty-followed by hormone injections to transform the minor into the requested gender. The hormone injections are thought to have irreversible features, but the effects of these injections are largely untested. The final step, surgical reassignment, is seemingly limited to those over the age of eighteen. The process of reassignment in minors has seen a substantial increase nationwide over the past decade, although the exact number of those seeking reassignment is ...


One Person, One Weighted Vote, Ashira Pelman Ostrow 2018 University of Florida Levin College of Law

One Person, One Weighted Vote, Ashira Pelman Ostrow

Florida Law Review

This Article argues that weighted voting should be used to comply with the constitutional one-person, one-vote requirement while preserving representation for political units on the legislative body. First, this Article demonstrates that weighted voting satisfies the quantitative one-person, one-vote requirement by equalizing the mathematic weight of each vote. Second, this Article demonstrates that weighted voting has the potential to remedy several negative consequences of equal- population districts. Specifically, this Article argues that by preserving local political boundaries, weighted voting eliminates the decennial redistricting process that gives rise to claims of partisan gerrymandering, enables local governments to function both as administrative ...


Reconstructing The Right Against Excessive Force, Avidan Y. Cover 2018 University of Florida Levin College of Law

Reconstructing The Right Against Excessive Force, Avidan Y. Cover

Florida Law Review

Police brutality has captured public and political attention, garnering protests, investigations, and proposed reforms. But judicial relief for excessive force victims is invariably doubtful. The judicial doctrine of qualified immunity, which favors government interests over those of private citizens, impedes civil rights litigation against abusive police officers under 42 U.S.C. § 1983. In particular, the doctrine forecloses lawsuits unless the law is clearly established that the force would be unlawful, requiring a high level of specificity and precedent that is difficult to satisfy. Further tilting the balance against excessive force victims, Fourth Amendment case law privileges the police perspective ...


Cause-In-Fact After Burrage V. United States, Eric A. Johnson 2018 University of Florida Levin College of Law

Cause-In-Fact After Burrage V. United States, Eric A. Johnson

Florida Law Review

What significance, if any, should state courts assign to the U.S. Supreme Court’s unanimous 2014 decision in Burrage v United States? In Burrage, the Supreme Court relied on “ordinary meaning” and “traditional understanding” in concluding that causation elements in federal criminal statutes nearly always require so-called “but-for” causation. State courts, by contrast, traditionally have applied two important modifications to the but-for test: (1) an acceleration rule, which assigns liability to defendants who hasten “even by a moment” the coming to fruition of the proscribed harm; and (2) a contribution rule, which assigns liability to defendants who “contribute” incrementally ...


Relative Administrability, Conservatives, And Environmental Regulatory Reform, Blake Hudson 2018 University of Florida Levin College of Law

Relative Administrability, Conservatives, And Environmental Regulatory Reform, Blake Hudson

Florida Law Review

No abstract provided.


Policing Federal Supremacy: Preemption And Common Law Damage Claims As A Ceiling Regulatory Floor, Sam Kalen 2018 University of Florida Levin College of Law

Policing Federal Supremacy: Preemption And Common Law Damage Claims As A Ceiling Regulatory Floor, Sam Kalen

Florida Law Review

This Article challenges conventional accounts of whether those who drafted the 1970 Clean Air Act intended to preempt state common law claims for nuisance. Neither those who advance robustly deploying the common law to arrest air emissions nor, conversely, those who claim that common law suits would disrupt the air regulatory program appreciate the dynamic that occurred when Congress confronted the Nation’s air pollution problem and crafted the first modern U.S. environmental laws. Yet that dynamic is essential to understanding the Clean Air Act’s “citizen suit” provision and Congress’s decision to preserve certain state common law ...


Digital Commons powered by bepress