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How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
UF Law Faculty Publications
In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long-standing norms, much as it has done in the public law context.
Case law construing the private right of action under the Antiterrorism Act of 1992, 18 U.S.C. § …
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
UF Law Faculty Publications
Equality is, to be sure, an elusive concept. More often than not, we find it much easier to describe what is unequal (we know it when we see it) than affirmatively to explain equality. This definitional dilemma rises to new heights when courts, in exercising their interpretive legal functions, have to provide all persons the equal protection of the laws."
Over the course of American history and jurisprudence, the Supreme Court itself has a checkered past when it comes to judicial application of rights to equality. In the beginning, there was slavery - the quintessence of unequality - and the …