Digital Commons Network^™

Criminal Law: Voiceprint Evidence Is Being Heard, David Ray Miller

Florida Law Review

No abstract provided.

Changing The Face Of American Health, Edward M. Kennedy

Florida Law Review

No abstract provided.

Environmental Justice Mapping In The U.S. Pacific Island Territory Of Guam, Ben Rocha

Master of Science in Environmental Sciences and Management Projects

Academics, regulators, and the public currently use geospatial analysis tools to identify locations that may be candidates for further environmental justice review in the continental United States (U.S.). However, current environmental justice geospatial analysis tools overlook a small but significant portion of the U.S. - the U.S. Pacific Islands. This study analyzes environmental justice within the U.S. Territory of Guam using existing geospatial analysis methods and publicly available environmental, climate, and socio-economic data to: (1) Spatially map relevant demographic and environmental data and (2) determine the correlation, if any, between the exposure to environmental hazards and the socio-economic status of …

Fourteenth Amendment Confrontation, Evan D. Bernick

College of Law Faculty Publications

Mr. Haley is one of the most memorable villains in all of American fiction. A “coarse” slave-trader whose “swaggering air of pretension” enrages readers of Harriet Beecher Stowe’s Uncle Tom’s Cabin from his appearance in the opening scene, Haley does his part to fulfill the novel’s purpose of strengthening the abolitionist cause. He is also not entirely fictional, and his creation is part of the constitutional history of the United States.

The real Haley was John Caphart, a slave-catcher hired by John DeBree of Norfolk, Virginia to capture Shadrach Minkins—an enslaved man who in 1851 fled from Virginia to Boston. …

Holmes V. Walton And Its Enduring Lessons For Originalism, Justin W. Aimonetti

Marquette Law Review

Originalism is nothing new. And the New Jersey Supreme Court’s 1780 decision in Holmes v. Walton shows it. In that case, the New Jersey Supreme Court disallowed a state law as repugnant to the state constitution because the law permitted a jury of only six to render a judgment. To reach that result, the court looked to the fixed, original meaning of the jury trial guarantee embedded in the state constitution, and it then constrained its interpretive latitude in conformity with that fixed meaning. Holmes thus cuts against the common misconception that originalism as an interpretive methodology is a modern …

E-Museletter: September 2022, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Featured Resources

Materials Update

Things to Consider

Student Services Corner

Fourteenth Amendment Confrontation, Evan D. Bernick

Hofstra Law Review

The article discuses the historical background of the character Haley in Harriet Beecher Stowe's novel, Uncle Tom's Cabin. It explores the real-life events that inspired the character of Haley and sheds light on the Fugitive Slave Act of 1850. It also discusses how the portrayal of Haley in the novel and the subsequent controversy surrounding the character contributed to the abolitionist movement and the fight against slavery in the United States.

Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Equity, & Inclusion In The Legal Profession, Phyllis Taite, Nicola "Nicky" Boothe

Utah Law Review

Law schools must recognize and seek to remove the barriers to teaching cultural competence and DEI and provide appropriate training and workshops for law professors. Providing law professors with the tools to integrate cultural competency into existing curricula is a first and crucial step to ensure that law professors are well-versed in both their own cultural competency, and in the ability to provide cultural competency training to their students. The culturally competent student will become a culturally competent lawyer with the skillset to make impactful contributions towards DEI in and beyond the practice of law.

Where Kindness Is Calculated: Refugee Regimes In South Asia, Shuvro Prosun Sarker, Shreyasi Bhattacharya

Indonesian Journal of International Law

South Asia, as part of SAARC treaty, comprising of nations such as Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka is not a part of any common system of governance in protecting refugee. These nations have developed their own preference of protection through their practices coupled with mysterious unwillingness to accept international obligations and responsibilities while choosing certain refugee groups to welcome and certain to refuse. Based on this, the article starts with the proposition that this kind of a preferential protection practice that these States have adopted largely, refers to a regime of calculated kindness that …

Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang

Duke Law & Technology Review

Most multinational enterprises (MNEs) register their original trademarks in Roman letters in China upon entering the Chinese market. However, many fail to develop and register corresponding Chinese marks because they do not understand local culture and consumers, overvalue consumers’ presumed brand loyalty, or neglect the accompanying trademark issues. This failure enables trademark squatters to register and hold the Chinese marks for ransom or local competitors to free ride on foreign marks using their Chinese translations or transliterations. This Article first introduces the complexity of translating a foreign mark into Chinese, which concerns complex linguistic, cultural, and business challenges. Based on …

A Rhetoric Of Sustainable Development, Jeff Todd

Pace Law Review

No abstract provided.

Torts And Language, Walter Probert

Florida Law Review

No abstract provided.

Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky

Florida Law Review

No abstract provided.

Criminal Procedure: United States Supreme Court Adopts The Threshold Of Clarity Standard For Ambiguous Requests For Counsel, Linda Zofchak

Florida Law Review

No abstract provided.

Official English: A Socratic Dialogue/Law And Economics Analysis, Andre Solé

Florida Law Review

No abstract provided.

Giving Some Back — A Reprise, Carol M. Rose

Florida Law Review

No abstract provided.

Do We Believe In Generosity?: Reflections On The Relationship Between Gifts And Exchanges, Jane B. Baron

Florida Law Review

No abstract provided.

Challenging Law, Establishing Differences: The Future Of Feminist Legal Scholarship, Martha L. Fineman

Florida Law Review

No abstract provided.

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Florida Law Review

No abstract provided.

The Empire Strikes Back, Adeno Addis

Florida Law Review

No abstract provided.

The Moral Good Theory Of Punishment, Robert Justin Lipkin

Florida Law Review

No abstract provided.

Legality Or Legalism? Some Critical Reflections On The Quest For Due Process, Robert C. L. Moffat

Florida Law Review

No abstract provided.

Due Process And The Exclusionary Rule: Integrity And Justification, Fletcher N. Baldwin Jr.

Florida Law Review

No abstract provided.

Liberty And Responsibility In The Land Of "New Property": Exploring The Limits Of Procedural Due Process, Timothy P. Terrell

Florida Law Review

No abstract provided.

Commentary On Terrell: Definition And Metaphor In Legal Analysis, Patricia Smith

Florida Law Review

No abstract provided.

Commentary On Macdonald: The Principles Of Fundamental Justice—Prospects For Canadian Constitutionalism, Jerome E. Bickenbach

Florida Law Review

No abstract provided.

Constitutional Law: School Has Broad Discretion To Prohibit Offensive Student Speech, Nina Zollo

Florida Law Review

No abstract provided.

The Admissibility Of Expert Testimony On The Discourse Analysis Of Recorded Conversations, William D. Wallace

Florida Law Review

No abstract provided.

The Bell Tolls: Toward Full Tort Recovery For Psychic Injury, Peter A. Bell

Florida Law Review

No abstract provided.

Constitutional Fact: The Perception Of Reality By The Supreme Court, Jeffrey M. Shaman

Florida Law Review

No abstract provided.