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Articles 1 - 30 of 32
Full-Text Articles in Law
Florida Gun Laws Weaken: Another Setback For The Mass Shooting Generation, Riley Kendall
Florida Gun Laws Weaken: Another Setback For The Mass Shooting Generation, Riley Kendall
Barry Law Review
While gun control has been a topic of controversy in the United States for decades, one area that has seemed undebatable is the protection of children from gun violence in our Nation’s schools. The methods of achieving this end goal vary from state to state. Some states have continued the longstanding tradition of designating schools as “gun-free zones,” while others have employed armed security guards. Florida has chosen the latter option for its public and charter schools. However, the Florida Legislature has taken a dramatic deviation from this path that will negatively affect students attending private religious schools: it passed …
Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell
Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell
Child and Family Law Journal
No abstract provided.
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Faculty Scholarship
No abstract provided.
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …
Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon
Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon
Barry Law Review
No abstract provided.
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.
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon
Barry Law Review
No abstract provided.
Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez
Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez
Faculty Scholarship
No abstract provided.
The Federal Government's Usurpation Of Local Control From Public Schools: A Historical Analysis Of Politics, Law, And Reaction, Brett Geier
Barry Law Review
No abstract provided.
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Barry Law Review
No abstract provided.
Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe
Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe
Barry Law Review
No abstract provided.
Do You Know The Fair Market Value Of Your Property?: A Call To The Legislature To Revise Section 775.089, Florida Statutes, Governing Restitution, Adam M. Hapner
Barry Law Review
No abstract provided.
The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley
The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley
Faculty Scholarship
No abstract provided.
Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov
Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov
Faculty Scholarship
No abstract provided.
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Remedial Equilibration And The Right To Vote Under Section 2 Of The Fourteenth Amendment, Michael T. Morley
Remedial Equilibration And The Right To Vote Under Section 2 Of The Fourteenth Amendment, Michael T. Morley
Faculty Scholarship
No abstract provided.
Disaggregated Classes, Benjamin P. Edwards
Fiscal Illusion, Taxpayer Disconnect, And A Flawed Tax System: Catalysts For Income Tax Reform, Timothy Hurley, Katherine Hetherington
Fiscal Illusion, Taxpayer Disconnect, And A Flawed Tax System: Catalysts For Income Tax Reform, Timothy Hurley, Katherine Hetherington
Barry Law Review
No abstract provided.
Irresistible As A Matter Of Law: Why Title Vii Jurisprudence Administered The Coup De Grace To The Purposivist Method Of Statutory Interpretation, Robert A. Pellow
Irresistible As A Matter Of Law: Why Title Vii Jurisprudence Administered The Coup De Grace To The Purposivist Method Of Statutory Interpretation, Robert A. Pellow
Barry Law Review
No abstract provided.
Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, Rachel A. Mattie
Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, Rachel A. Mattie
Barry Law Review
No abstract provided.
Splits In The Rock: The Conflicting Interpretations Of The Seminole Rock Deference Doctrine By The U.S. Courts Of Appeals, Kevin O. Leske
Splits In The Rock: The Conflicting Interpretations Of The Seminole Rock Deference Doctrine By The U.S. Courts Of Appeals, Kevin O. Leske
Faculty Scholarship
No abstract provided.
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
Faculty Scholarship
No abstract provided.
Florida's Motor Vehicle Crashworthiness Enhanced Injury Doctrine: "Wanted Dead Or . . .", Larry M. Roth
Florida's Motor Vehicle Crashworthiness Enhanced Injury Doctrine: "Wanted Dead Or . . .", Larry M. Roth
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.
Shelton V. Secretary, Department Of Corrections: A Constitutional Challenge To Florida's Drug Law, Noah Al-Malt
Shelton V. Secretary, Department Of Corrections: A Constitutional Challenge To Florida's Drug Law, Noah Al-Malt
Barry Law Review
No abstract provided.
Legally Ill: Is The Federal Health Insurance Mandate Constitutional?, Josh Bolus
Legally Ill: Is The Federal Health Insurance Mandate Constitutional?, Josh Bolus
Barry Law Review
This article explores the constitutionality of the individual mandate of the health care reform bill known as the Patient Protection and Affordable Care Act, as well as the economic penalty that is assessed to those who do not meet the mandate. A brief history of prior health reform initiatives in the United States will be examined to provide a historical context for the current political debate regarding the currently instituted reforms. The legal justifications of the proponents for the mandate will be analyzed regarding their constitutionality, and the legal fate of the mandate will be examined. Lastly, this article will …
Virtual Child Pornography Laws And The Constraints Imposed By The First Amendment, Paula Bird
Virtual Child Pornography Laws And The Constraints Imposed By The First Amendment, Paula Bird
Barry Law Review
This article seeks to navigate through the complexities involved with the uncertain future of virtual child pornography laws. First, this article sets forth a brief history of the legislative actions and court rulings regarding unprotected speech and virtual child pornography, and discusses the current standing of child pornography laws. Entailed in this discussion will be a vigorous inspection of the current statutes and how they simultaneously affect law enforcement, prosecutors, and defendants. Finally, the potential future of laws regarding virtual child pornography is analyzed, including addressing the issues of how the application and interpretation of the laws are changing and …
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 …
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.
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 …