Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (6)
- Environmental Law (5)
- Family Law (5)
- Courts (4)
- Natural Resources Law (4)
-
- Human Rights Law (3)
- Legislation (3)
- Other Law (3)
- Comparative and Foreign Law (2)
- Constitutional Law (2)
- First Amendment (2)
- Juvenile Law (2)
- Law Enforcement and Corrections (2)
- Law and Society (2)
- Property Law and Real Estate (2)
- Animal Law (1)
- Business Organizations Law (1)
- Computer Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Estates and Trusts (1)
- Health Law and Policy (1)
- International Law (1)
- Internet Law (1)
- Jurisdiction (1)
- Law and Politics (1)
- Legal History (1)
- Medical Jurisprudence (1)
- Oil, Gas, and Mineral Law (1)
- Keyword
-
- Earth jurisprudence (4)
- Environmental law (4)
- Therapeutic Jurisprudence (3)
- Child Protection (2)
- Collaborative Law (2)
-
- Environmental justice (2)
- Natural rights (2)
- Actual malice (1)
- Affordable Care Act (1)
- Alimony (1)
- Article I courts (1)
- Australia (1)
- Barry Law (1)
- Barry University School of Law (1)
- Canada (1)
- Child support (1)
- Congressional overreaching (1)
- Defamation (1)
- Dissolution of marriage (1)
- Divorce (1)
- Earth Jurisprudence (1)
- Exploitation of children (1)
- First Amendment (1)
- Foreword (1)
- Good faith (1)
- Healthcare Reform (1)
- Healthcare regulation (1)
- Individual mandate (1)
- Jurisdiction (1)
- Legislative courts (1)
Articles 1 - 19 of 19
Full-Text Articles in Law
Earth Jurisprudence And Lockean Theory: Rethinking The American Perception Of Private Property, Traci Lynne Timmons
Earth Jurisprudence And Lockean Theory: Rethinking The American Perception Of Private Property, Traci Lynne Timmons
Environmental and Earth Law Journal (EELJ)
Earth Jurisprudence and Lockean Theory
Abstract by Traci Lynne Timmons
Thomas Berry, father of the Earth Jurisprudence movement, called for re-examining human-Earth relations. Earth Jurisprudence aspires to promote a greater respect for nature and all living things on Earth, aiming to intertwine Earth’s natural law with the body of law that governs humanity. This paper explores Earth Jurisprudence as an alternative to the property regime in the United States. It examines the fundamental principles of property ownership, frequently attributed to the philosophy of John Locke, but digs deeper into these “Lockean” roots to reveal important caveats to Locke’s general principles …
The Wilderness Myth: How The Failure Of The American National Park Model Threatens The Survival Of The Iyaelima Tribe And The Bonobo Chimpanzee, Mark Hopson
Environmental and Earth Law Journal (EELJ)
The Wilderness Myth
Abstract by Mark Hopson
Contrary to popular opinion, and the vast majority of legal scholarship on the subject, the traditional American model for a national park is scientifically and logically unsound. Further, this model has been adopted at a terrible social cost to the indigenous tribes who lived on the land that became national parks. Every government that has chosen to implement the American national park model has done so at the expense of indigenous people.
This article chronicles the creation of the world’s first national parks, Yosemite and Yellowstone, and the legal battles involved. The article …
Looking Backward From The Year 2099: Ecozoic Reflections On The Future, Samuel Alexander
Looking Backward From The Year 2099: Ecozoic Reflections On The Future, Samuel Alexander
Environmental and Earth Law Journal (EELJ)
Looking Backward from the Year 2099: Ecozoic Reflections on the Future
Abstract by Samuel Alexander
Story, myth, and narrative played a central role in Thomas Berry’s writings. He told new stories about the Universe and our place in it, stories not only about where we have been and where we seem to be going, but also stories about where we could go, if only we exercised our freedom in different ways. Inspired by Berry, in this paper I have dared to experiment with story, by attempting to look back on the 21st century from the vantage point of the year …
Evolving From Dominion To Communion: How Legal Rights For Nature Can Exist In Balance With Individual Property Rights In A Global Commons, Dan Leftwich
Environmental and Earth Law Journal (EELJ)
Abstract coming soon.
Continuing The Great Work: A Tribute To Thomas Berry, Patrick E. Tolan Jr.
Continuing The Great Work: A Tribute To Thomas Berry, Patrick E. Tolan Jr.
Environmental and Earth Law Journal (EELJ)
Continuing the Great Work: A Tribute to Thomas Berry
by Patrick Tolan
Profound scholar and author, Father Thomas Berry, recognized and related human destiny to the destiny of the universe. In his book, The Great Work: Our Way into the Future, and in his teaching, Berry challenged humanity to enter into a new era in harmony with the universe. This article is a tribute to Thomas Berry, recognizing the importance of his contribution to a new and emerging field of Earth Jurisprudence and launching an Earth Jurisprudence and Environmental Justice Journal that will afford thinkers and scholars the opportunity to …
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter
Barry Law Review
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 …
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 …
Collaborative Law: A Better Way For Families, Alice L. Blackwell
Collaborative Law: A Better Way For Families, Alice L. Blackwell
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.
Therapeutic Jurisprudence And Child Protection, Shelley Kierstead
Therapeutic Jurisprudence And Child Protection, Shelley Kierstead
Barry Law Review
No abstract provided.
The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen
The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen
Barry Law Review
No abstract provided.
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 …
Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer
Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer
Barry Law Review
This article explores life insurance considerations in Florida dissolution of marriage proceedings, reviews current applicable law, and suggests methods of effectively dealing with life insurance in the divorce context.
Defamation In Good Faith: An Argument For Restating The Defense Of Qualified Privilege, A.G. Harmon
Defamation In Good Faith: An Argument For Restating The Defense Of Qualified Privilege, A.G. Harmon
Barry Law Review
Since the 1964 case of New York Times v. Sullivan, the standard for proving defamation has often proven insurmountable to public figure plaintiffs who claim their reputations have been hurt through libel or slander. But, the standard can prove equally insurmountable to “private figure” plaintiffs when a qualified, or “conditional,” privilege applies. Such privileges, intended to further the social policy of candor on certain proscribed occasions, can be claimed regarding otherwise questionable conversations as long as the dialogue is made: 1) in good faith; 2) about a subject in which the speaker has an interest or duty; 3) within …
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.
Therapeutic Jurisprudence And Family-Friendly Criminal Law Practice, David B. Wexler
Therapeutic Jurisprudence And Family-Friendly Criminal Law Practice, David B. Wexler
Barry Law Review
No abstract provided.
Collaborative Law: Recognizing The Need For A New Default Method Of Family Law Resolution, Marsha B. Freeman
Collaborative Law: Recognizing The Need For A New Default Method Of Family Law Resolution, Marsha B. Freeman
Barry Law Review
No abstract provided.