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Articles 1 - 30 of 36
Full-Text Articles in Law
Evolving Standards Of Irrelevancy?, Joanmarie Davoli
Evolving Standards Of Irrelevancy?, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse, Mary Kate Workman
Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse, Mary Kate Workman
Child and Family Law Journal
No abstract provided.
Fertility Fraud And Proposal For Florida Legislation, Cheyenne Dunn
Fertility Fraud And Proposal For Florida Legislation, Cheyenne Dunn
Child and Family Law Journal
No abstract provided.
The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.
The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.
Child and Family Law Journal
No abstract provided.
The Loophole In The Florida Notice Requirement For Foster Caregivers, Eve Lumsden
The Loophole In The Florida Notice Requirement For Foster Caregivers, Eve Lumsden
Child and Family Law Journal
No abstract provided.
Taxing Combat, Kan Samuel
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
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 Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
Faculty Scholarship
No abstract provided.
De Facto Class Actions: Plaintiff-And Defendant-Oriented Injunctions In Voting Rights, Election Law, And Other Constitutional Cases, Michael T. Morley
De Facto Class Actions: Plaintiff-And Defendant-Oriented Injunctions In Voting Rights, Election Law, And Other Constitutional Cases, Michael T. Morley
Faculty Scholarship
No abstract provided.
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson, Taylor Simpson-Wood
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
The Standing Of The Public Interest, Amitai Etzioni
The Standing Of The Public Interest, Amitai Etzioni
Barry Law Review
No abstract provided.
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Faculty Scholarship
No abstract provided.
"So Help Me?": Religious Expression And Artifacts In The Oath Of Office And The Courtroom Oath, Frederick B. Jonassen
"So Help Me?": Religious Expression And Artifacts In The Oath Of Office And The Courtroom Oath, Frederick B. Jonassen
Faculty Scholarship
No abstract provided.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Lawyers Bring Big Screen Drama To The Courtroom: How Popular Culture's Influence On The Law Has Created The Need For "Professional Witnesses", Katherine Lee Klapsa
Lawyers Bring Big Screen Drama To The Courtroom: How Popular Culture's Influence On The Law Has Created The Need For "Professional Witnesses", Katherine Lee Klapsa
Barry Law Review
No abstract provided.
Unlocking The Eighth Amendment's Power To Make Innocence A Constitutional Claim: The 'Objective' Views Of State Legislators, David Niven
Barry Law Review
No abstract provided.
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin
Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin
Barry Law Review
This article will analyze possible limitations on Congress’ Article I power, concluding that separation of powers jurisprudence offers a practical and appropriate manner in which to check Congressional overreach. Part I traces the development of Congress’ power to create Article I courts. Part II critically evaluates the Northern Pipeline opinions, ultimately finding neither Justice Brennan’s nor Justice White’s conflicting opinions satisfactory. Part III briefly discusses several possible limiting principles on Article I courts before concluding that separation of powers jurisprudence offers a meaningful and pragmatic solution to the problem. Part IV tests the practicality of this new separation of powers …
Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee
Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee
Barry Law Review
This article examines third party standing cases in the United States, Canada, and Australia. It demonstrates that third party standing can only be understood with reference to the role of modern courts in broad-based, constitutional style rights protection. This type of protection has been the main factor driving courts to create exceptions to the traditional standing requirements. It is only once these exceptions have been established that a court begins to consider allowing third party standing in cases that do not involve rights. The effects of this theory can be seen in the three countries examined in this article.
Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer
Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer
Barry Law Review
No abstract provided.
Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila
Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila
Barry Law Review
No abstract provided.
In The Trenches Of Florida’S War On Gangs: A Framework For Prosecuting Florida’S Anti-Gang Sentence Enhancement Provision, Rodrigo M. Caruço
In The Trenches Of Florida’S War On Gangs: A Framework For Prosecuting Florida’S Anti-Gang Sentence Enhancement Provision, Rodrigo M. Caruço
Barry Law Review
This article discusses how the State of Florida prosecutes under the new sentence enhancement provision of Florida’s anti-gang statute. Part I discusses the general history of the provision. Part II analyzes different state approaches to the enhancement provision. Finally, Part III concludes the article with two recommendations. First, a statutory response that provides all courts in the State with clear direction to implement this provision. Second, a judicial approach for Florida courts to consistently implement a provision that is essential to Florida’s war on criminal gangs.
“Runaway Train”: Controlling Crimes Committed By Private Contractors Through Application Of The Uniform Code Of Military Justice, Matthew Dahl
Barry Law Review
This paper will argue that, in the absence of effective alternatives, the new law granting court-martial jurisdiction over civilians is a necessary step in effectively controlling crimes by private contractors and other civilians accompanying U.S. armed forces overseas if other measures are not effectuated. Part II will look at two important Supreme Court decisions that currently restrict the military’s ability to court-martial civilians, and it will also highlight the government’s attempts over the past 50 years to come up with a solution to the problem. Part III will examine three alternatives to the amendment to Article 2(a)(10) that could make …
Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist
Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist
Barry Law Review
The author of this article argues that drug addicts who finance their addiction through crime should be ineligible to receive a prison sentence under a recidivist statute like the three-strikes penalty. Part I introduces the problem, addiction and crime among current prisoners reported by the Department of Justice. Part II discusses Gary Ewing, an addict, a criminal, and a third strike offender. The story of Gary Ewing represents the injustices levied upon an addict/criminal by enhanced sentenced statutes like the three-strikes penalty. Part III is a discussion of the history of repeat offender statutes, primarily focusing on the inception of …
Conspicuous Logic: Using The Logical Fallacy Of Affirming The Consequent As A Litigation Tool, Stephen M. Rice
Conspicuous Logic: Using The Logical Fallacy Of Affirming The Consequent As A Litigation Tool, Stephen M. Rice
Barry Law Review
This article will address one of the specific logical fallacies known as the Fallacy of Affirming the Consequent, discuss the place of formal logic in legal reasoning, describe the Fallacy of Affirming the Consequent, demonstrate how courts have explicitly used the fallacy in deciding cases, and detail how litigators can use the Fallacy to win cases.