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An Overview Of The 1996 Administrative Procedure Act, James P. Rhea, Patrick L. "Booter" Imhof Aug 2022

An Overview Of The 1996 Administrative Procedure Act, James P. Rhea, Patrick L. "Booter" Imhof

Florida Law Review

No abstract provided.


Untangling The Law Of Site-Specific Rezoning In Florida: A Critical Evaluation Of The Functional Approach, Jeffrey M. Taylor Aug 2022

Untangling The Law Of Site-Specific Rezoning In Florida: A Critical Evaluation Of The Functional Approach, Jeffrey M. Taylor

Florida Law Review

No abstract provided.


Habeas Corpus: Capital Punishment For Petitioners Claiming "Actual Innocence"?, James Thomas Tucker Aug 2022

Habeas Corpus: Capital Punishment For Petitioners Claiming "Actual Innocence"?, James Thomas Tucker

Florida Law Review

No abstract provided.


Tort Suits Against Governmental Entities In Florida, Gerald T. Wetherington, Donald I. Pollock Aug 2022

Tort Suits Against Governmental Entities In Florida, Gerald T. Wetherington, Donald I. Pollock

Florida Law Review

No abstract provided.


Physicians With Aids And Their Duty To Patients, Diane A. Tomlinson Aug 2022

Physicians With Aids And Their Duty To Patients, Diane A. Tomlinson

Florida Law Review

No abstract provided.


When Johnny Gets Your Gun: Felony Firearm Storage In Florida, Edward Licitra Aug 2022

When Johnny Gets Your Gun: Felony Firearm Storage In Florida, Edward Licitra

Florida Law Review

No abstract provided.


The Cost Of Older Workers, Disparate Impact, And The Age Discrimination In Employment Act, Steven J. Kaminshine Aug 2022

The Cost Of Older Workers, Disparate Impact, And The Age Discrimination In Employment Act, Steven J. Kaminshine

Florida Law Review

No abstract provided.


Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West Aug 2022

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

Florida Law Review

No abstract provided.


The Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel Brian Yeager Aug 2022

The Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel Brian Yeager

Florida Law Review

No abstract provided.


Torts: Does The Negligent Entrustment Doctrine Apply To Sellers?, Arthur Cholodofsky Aug 2022

Torts: Does The Negligent Entrustment Doctrine Apply To Sellers?, Arthur Cholodofsky

Florida Law Review

No abstract provided.


State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin Aug 2022

State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin

Florida Law Review

No abstract provided.


State Constitutions Realigning Federalism: A Special Look At Florida, Stephen F. Aton Aug 2022

State Constitutions Realigning Federalism: A Special Look At Florida, Stephen F. Aton

Florida Law Review

No abstract provided.


Commentary On Baldwin, Francis A. Allen Aug 2022

Commentary On Baldwin, Francis A. Allen

Florida Law Review

No abstract provided.


The Constitutionality Of Mandatory Student-Athlete Drug Testing Programs: The Bounds Of Privacy, Ethan Lock, Marianne Jennings Aug 2022

The Constitutionality Of Mandatory Student-Athlete Drug Testing Programs: The Bounds Of Privacy, Ethan Lock, Marianne Jennings

Florida Law Review

No abstract provided.


Legal Positivism And American Case Law, Henry Mather Aug 2022

Legal Positivism And American Case Law, Henry Mather

Florida Law Review

No abstract provided.


Constitutional Issues In Revoking Religious Tax Exemptions: Church Of Scientology Of California V. Commissioner, Jerold A. Friedland Aug 2022

Constitutional Issues In Revoking Religious Tax Exemptions: Church Of Scientology Of California V. Commissioner, Jerold A. Friedland

Florida Law Review

No abstract provided.


Rebuilding The Wall Of Sovereign Immunity: Municipal Liability For Negligent Building Inspection, Laura Robinson Aug 2022

Rebuilding The Wall Of Sovereign Immunity: Municipal Liability For Negligent Building Inspection, Laura Robinson

Florida Law Review

No abstract provided.


Freestanding Emergency Centers: Regulation Through Classification, Terri Heekin Aug 2022

Freestanding Emergency Centers: Regulation Through Classification, Terri Heekin

Florida Law Review

No abstract provided.


Juvenile Offenders And The Electric Chair: Cruel And Unusual Punishment Or Firm Discipline For The Hopelessly Delinquent?, William Wilson Aug 2022

Juvenile Offenders And The Electric Chair: Cruel And Unusual Punishment Or Firm Discipline For The Hopelessly Delinquent?, William Wilson

Florida Law Review

No abstract provided.


Force-Feeding Hunger-Striking Prisoners: A Framework For Analysis, Richard Ansbacher Aug 2022

Force-Feeding Hunger-Striking Prisoners: A Framework For Analysis, Richard Ansbacher

Florida Law Review

No abstract provided.


State Regulatory Responses To Federal Motor Carrier Reregulation, James Freeman, Richard Beilock Aug 2022

State Regulatory Responses To Federal Motor Carrier Reregulation, James Freeman, Richard Beilock

Florida Law Review

No abstract provided.


Make Pennsylvania Free Again, Margaret Riley Aug 2022

Make Pennsylvania Free Again, Margaret Riley

The Compass

The author created this paper for a class assignment testing students’ knowledge of constitutional law. The assignment was to write a legal brief addressing the constitutionality of a statewide mask mandate during the COVID-19 pandemic. COVID-19 is an airborne disease that can be transmitted from person to person up to six feet apart. The hypothetical facts provided for this brief were that a suit was filed in Pennsylvania state court by a group of individuals in opposition to the state’s mask mandate that was enacted to address the COVID-19 pandemic. The goal of this brief is to demonstrate knowledge of …


Accepting The Unacceptable: Trinity Western University, Religious Freedom, And The Meaning Of Liberal Constitutionalism, Robert Stephen Boissonneault Aug 2022

Accepting The Unacceptable: Trinity Western University, Religious Freedom, And The Meaning Of Liberal Constitutionalism, Robert Stephen Boissonneault

LLM Theses

This thesis proposes an answer to the question of when, and under what conditions, a state operating within the framework of liberal constitutionalism may legitimately condition receipt of public benefits on the recipient's conformity with liberal values—a question that is implicitly asked, but never directly answered, by the decision of the Supreme Court of Canada in Law Society of British Columbia v Trinity Western University. How this question is answered has significant implications for the law of religious freedom in Canada. This thesis posits a conceptual distinction between two types of public benefit: public licences and public mandates. This distinction …


Young Lawyer's Interest Network: Canada's Legalization Of Cannabis And The Impact On The American Border, Denise Calle Aug 2022

Young Lawyer's Interest Network: Canada's Legalization Of Cannabis And The Impact On The American Border, Denise Calle

The Year in Review

No abstract provided.


Sexual Orientation And Gender Identity, Mark E. Wojcik, David W. Austin, Andrea Deffenu, Jon Fortin Aug 2022

Sexual Orientation And Gender Identity, Mark E. Wojcik, David W. Austin, Andrea Deffenu, Jon Fortin

The Year in Review

No abstract provided.


U.S. Immigration Policies Affecting Mexican And Central American Youth And Their Access To Higher Education, Margaret Elizabeth Tejada Aug 2022

U.S. Immigration Policies Affecting Mexican And Central American Youth And Their Access To Higher Education, Margaret Elizabeth Tejada

Capstone Collection

Undocumented Mexican and Central American youth, many of whom hold approved or pending Special Immigrant Juvenile Status (SIJS), Deferred Action for Childhood Arrivals (DACA), and Central American Minor Refugee and Parole Program (CAM) applications, are a growing population in the United States who are eager to pursue higher education like their U.S. Citizen and U.S. Lawful Permanent Resident peers. Yet, they are significantly limited by federal, state, and institutional policies that are geared towards the success of students with legal status. Through relevant literature and interviews with policy experts and educators who work directly with these youth and/or the regulations …


Crime Reduction And Reformation In South Carolina: An Analysis Of Sb 1154, Matthew Torres Aug 2022

Crime Reduction And Reformation In South Carolina: An Analysis Of Sb 1154, Matthew Torres

All Theses

This thesis evaluates the policy response to the criminal justice crisis of South Carolina, Senate Bill (SB) 1154, dubbed the Omnibus Crime Reduction and Sentencing Reform Act of 2010. SB 1154 adopted a series of “common sense” reforms, including new charges constituting as violent crimes, redefined sentences in the form of reduced penalties and harsher penalties for nonviolent and violent crimes respectively, mandated supervision of individuals on probation or parole, and credit programs for early release of inmates among other provisions intended to reduce inmate population, recidivism and violent crime rates.

I examine three key factors: inmate, imprisonment and violent …


Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink Aug 2022

Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink

Utah Law Review

Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than …


Drug Court Discrimination: Discretionary Eligibility Criteria Impedes The Legislative Goal To Provide Equal And Effective Access To Treatment Assistance, Kalyn Heyen Aug 2022

Drug Court Discrimination: Discretionary Eligibility Criteria Impedes The Legislative Goal To Provide Equal And Effective Access To Treatment Assistance, Kalyn Heyen

Cardozo Law Review

No abstract provided.


Criminal Court System Failures During Covid-19: An Empirical Study, Cynthia Alkon Aug 2022

Criminal Court System Failures During Covid-19: An Empirical Study, Cynthia Alkon

Faculty Scholarship

How did the criminal legal system respond to the early months of pandemic in 2020? This article reports the results of a unique national survey of judges, defense lawyers, and prosecutors that gives a snapshot of how the criminal legal system responded to the COVID-19 in the first five chaotic months. Criminal courts in the United States rely on in-person proceedings and formal and informal in-person communications to manage caseloads. The survey results detail, in ways not previously fully understood, how crucial these in-person communications are and how ill-prepared the criminal courts and legal professionals were to deal with the …