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Barry University School of Law

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Articles 1 - 30 of 517

Full-Text Articles in Law

Duty, Breach, Deterrence: The Ncaa’S Legacy Of Immortalizing Competitive Glory Over The Well-Being Of The Student-Athletes It Aims To Protect, Gabi A. Grillon May 2024

Duty, Breach, Deterrence: The Ncaa’S Legacy Of Immortalizing Competitive Glory Over The Well-Being Of The Student-Athletes It Aims To Protect, Gabi A. Grillon

Barry Law Review

No abstract provided.


A Novel Application Of Negligent Entrustment: Section 230 And The Gig Economy, Zachary B. Pyers, Kenton H. Steele, Kelsey S. Gee May 2024

A Novel Application Of Negligent Entrustment: Section 230 And The Gig Economy, Zachary B. Pyers, Kenton H. Steele, Kelsey S. Gee

Barry Law Review

No abstract provided.


Tightrope Walking: Balancing Theatre Teachers’ Academic Freedom Of Expression With The Implementation Of Florida’S Stop Woke Act And Don’T Say Gay Bill, Kimberly Adams May 2024

Tightrope Walking: Balancing Theatre Teachers’ Academic Freedom Of Expression With The Implementation Of Florida’S Stop Woke Act And Don’T Say Gay Bill, Kimberly Adams

Barry Law Review

Florida’s Individual Freedom Act (IFA) and Education Equality Act (EEA), better known as the Stop Woke Act and the Don’t Say Gay bill, respectively, are contentious topics in the United States today. One side argues that parents have the ultimate right to choose what their child learns and how a teacher should deliver that instruction while believing that lessons that address systemic racism divide children and make them feel uncomfortable. The other side argues that our students will be unprepared when they graduate high school to contribute to our multi-racial society and will suffer from a limited worldview. From the …


Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds For Making Legal Determinations?, Brad Mccall May 2024

Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds For Making Legal Determinations?, Brad Mccall

Barry Law Review

No abstract provided.


Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen Jan 2024

Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen

Faculty Scholarship

No abstract provided.


Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice, Paige Bellamy Sep 2023

Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice, Paige Bellamy

Environmental and Earth Law Journal (EELJ)

Free, Prior Informed Consent ("FPIC") from the UN Declaration on the Rights of Indigenous Peoples has been central to global Indigenous action against extractive industries’ harmful practices. Yet, it is often not fully recognized as a sovereign right, which hinders Indigenous peoples’ ability to use it to its full potential. Historically, FPIC has been deemed a consultation right, not a right to “veto” industry action on Indigenous land. Countries that have interpreted FPIC as a mere consultation right have allowed further exploitation of Indigenous peoples, usually leading to environmental and humanitarian disasters. However, when courts have respected the right to …


Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports, Kelsey Weston Sep 2023

Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports, Kelsey Weston

Environmental and Earth Law Journal (EELJ)

Palm oil is the world's most highly sought-after vegetable oil due to its multifaceted uses and cheap cost of production. However, producing this versatile oil comes at a high cost to one of the largest biodiversity on the planet. Over the last two centuries, Indonesia and Malaysia have become the main producers and exporters of palm oil but they are also home to the largest number of mammal species in the world that have seen a staggering decline in populations. Furthermore, palm oil production has caused excessive release of greenhouse gases, increased disruption of forestland, and economic poverty for smallholders …


Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution And The Challenges Of International Regulation, Rebecca Mcreynolds Sep 2023

Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution And The Challenges Of International Regulation, Rebecca Mcreynolds

Environmental and Earth Law Journal (EELJ)

To meet the environmental demands imposed by the International Maritime Organization, the commercial shipping industry’s use of predominantly marine diesel fuel will need to change drastically. Current answers to these environmental concerns include the use of biofuels, battery packs, and liquified natural gas, but these are short-term solutions that will not fully meet environmental demands in the long run. Nuclear propulsion, however, is a tried-and-true resolution. The use of nuclear energy results in virtually no environmental impact and has successfully been used by the US Navy for the past 75 years. Unfortunately, the commercial use of nuclear propulsion is stalled …


Reversing Quiet Destruction: Florida's Attempt To Regulate Pfas Known As Forever Chemicals, A. Colleen Donald Sep 2023

Reversing Quiet Destruction: Florida's Attempt To Regulate Pfas Known As Forever Chemicals, A. Colleen Donald

Environmental and Earth Law Journal (EELJ)

Introduced by manufacturing companies in the 1940s, Per-and polyfluorinated substances (“PFAS”) which consist of a group of over 6,000 chemicals, have insidiously made their way into the bloodstream of humans and into the environment. These nearly indestructible, “forever chemicals” that were once thought to be safe for use in firefighting foams, cosmetics, food packaging, non-stick cookware, and water-resistant clothing, are now found to be toxic. PFAS have been found in animals, aquatic life, and natural resources, and are associated with illnesses in humans: PFAS have been linked to various cancers, reproductive issues in women, and birth defects in children. As …


Dying In Isolation: Public Health Implications Of Transportation And Burial Of Human Remains During A Pandemic A Fifty State Survey, Christopher Ogolla Jul 2023

Dying In Isolation: Public Health Implications Of Transportation And Burial Of Human Remains During A Pandemic A Fifty State Survey, Christopher Ogolla

Faculty Scholarship

No abstract provided.


Federal Environmental Justice Legislation And Regulations, Nadia B. Ahmad Jul 2023

Federal Environmental Justice Legislation And Regulations, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Easy Victims Of The Law: Protecting The Constitutional Rights Of Juvenile Suspects To Prevent False Confessions, Tayler Klinkbeil Jun 2023

Easy Victims Of The Law: Protecting The Constitutional Rights Of Juvenile Suspects To Prevent False Confessions, Tayler Klinkbeil

Child and Family Law Journal

The inherently coercive nature of custodial interrogation is the very reason the Supreme Court handed down the famous Miranda v. Arizona decision; the court recognized the increased vulnerability that suspects under questioning are subjected to when placed in a situation designed to elicit incriminating information.1 Legal scholars and judiciaries alike agree that the likelihood of police questioning resulting in a false admission of guilt or self-incriminating statements is disproportionately more probable if the subject of the questioning is a minor.2 The constitutional protections that are afforded to juvenile suspects subjected to custodial interrogations are those set out in …


It Is Time For Family Courts To Be More Aware Of Parental Mental Illness And Substance Abuse, Elaina Larson Jun 2023

It Is Time For Family Courts To Be More Aware Of Parental Mental Illness And Substance Abuse, Elaina Larson

Child and Family Law Journal

Since the COVID-19 pandemic and previous years, the mental health and substance abuse crises in Florida are growing at an unprecedented rate.1 With substantive due process rights under the Fourteenth Amendment as a substantial roadblock, the Florida courts are reluctant to adequately address the mental health and substance abuse needs of individuals.2 This issue is especially difficult in cases involving the termination of parental rights, leaving children in damaging environments with unfit parents suffering from severe mental illness and substance abuse.3 To prevent children from growing up under negative conditions and developing mental health problems as well, …


The Effects Of Adverse Childhood Experiences On The Future Of Our Youth, Patrick Cobb Jun 2023

The Effects Of Adverse Childhood Experiences On The Future Of Our Youth, Patrick Cobb

Child and Family Law Journal

22.3 percent.1 This is the percentage of the population of the United States under the age of 18. These three words should come to mind: growth, family, and safety. Unfortunately, just because these words come to mind, does not mean these are a reality for our youth. The Adverse Childhood Experience (ACEs) study explores our youth’s mental, emotional, and social well-being across a wide sample with some disturbing results.

As we de-code what exactly ACEs entails, we can learn to predict, diagnose, and ultimately prevent negative environments our youth are involved in. Prioritizing these prevention efforts can eventually lead …


A Conflict In The Courts: An Update On School Restroom Policies, Suzanne Eckes Jun 2023

A Conflict In The Courts: An Update On School Restroom Policies, Suzanne Eckes

Child and Family Law Journal

Over the past ten years, courts have been asked to weigh in on whether students’ rights are violated when school policies prohibit them from using restrooms that align with their gender identities. In the vast majority of legal cases, courts have rendered decisions favorable for the student. In December 2022, however, the Eleventh Circuit Court of Appeals ruled that a school district’s policy prohibiting transgender students from using a restroom that matched their gender identity did not violate Title IX of the Education Amendments of 1972 nor the Equal Protection Clause of the Fourteenth Amendment. The Eleventh Circuit’s en banc …


The Independent Existence: A Look At Florida's Wrongful Death Statute In The Wake Of Dobbs And Changing State Abortion Laws., Katherine Bolliger Jun 2023

The Independent Existence: A Look At Florida's Wrongful Death Statute In The Wake Of Dobbs And Changing State Abortion Laws., Katherine Bolliger

Child and Family Law Journal

Following the Supreme Court’s overturning of the federally mandated fundamental right to abortion founded in Roe1 and Casey,2 the decision of whether a woman may terminate a pregnancy has returned to the states with the current Court’s implementation of Dobbs v. Jackson Woman’s Health.3 In Florida, the state government decided to reduce the gestational age for termination to fifteen weeks in July 2022, and further reduced the gestational age to six weeks in April 2023 provided that the Florida Supreme Court upholds the fifteen week ban.4 This note operates under the fifteen week standard …


Age Before Fundamental Right? Resolving The Contradiction Presented By An Age Restriction On Running For Executive Offices In Montana's Constitution, Kevin Frazier May 2023

Age Before Fundamental Right? Resolving The Contradiction Presented By An Age Restriction On Running For Executive Offices In Montana's Constitution, Kevin Frazier

Barry Law Review

The Montana Constitution guarantees that “[t]he rights of persons under 18 years of age shall include, but not be limited to, all the fundamental rights of this Article unless specifically precluded by laws which enhance the protection of such persons.” Adults receive similarly strong protections. According to Article II, Section 15, of the Montana Constitution, “[a] person 18 years of age or older is an adult for all purposes,” except for legislated limits on the legal age to purchase alcohol.

It follows that all Montanans have a constitutional claim to the fundamental right that "[a]ll elections shall be free and …


Genre Discovery 2.0, Katie Rose Guest Pryal May 2023

Genre Discovery 2.0, Katie Rose Guest Pryal

Barry Law Review

Ten years ago, I proposed the “genre discovery approach” for teaching new legal writers how to write any legal document, even ones they had never encountered before. Using the genre discovery approach, a writer studies samples of a genre to identify the genre’s conventions so that they can write the genre. From the seed of Genre Discovery 1.0, the approach’s potential has blossomed into a robust pedagogical system: Genre Discovery 2.0. Genre Discovery 2.0 is more effective than Genre Discovery 1.0 because it more explicitly integrates metacognition into its pedagogy.

Metacognition, “the concept that individuals can monitor and regulate their …


Was Atwater V. Lago Vista Decided Correctly? The Fourth Amendment's Shadow And Simulacra Of Police Brutality And The American Dream, Charles Lincoln May 2023

Was Atwater V. Lago Vista Decided Correctly? The Fourth Amendment's Shadow And Simulacra Of Police Brutality And The American Dream, Charles Lincoln

Barry Law Review

No abstract provided.


Florida Gun Laws Weaken: Another Setback For The Mass Shooting Generation, Riley Kendall May 2023

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 …


The Inherent Monetary Incentive Of Intellectual Property Rights And The Failure Of Intellectual Property Waivers To Recognize This Motive, Ellaheh D. Sims May 2023

The Inherent Monetary Incentive Of Intellectual Property Rights And The Failure Of Intellectual Property Waivers To Recognize This Motive, Ellaheh D. Sims

Barry Law Review

No abstract provided.


Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence Apr 2023

Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence

Faculty Scholarship

This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …


The Stolen Election Lie And The Freedom Of Speech, Wes Henricksen Jan 2023

The Stolen Election Lie And The Freedom Of Speech, Wes Henricksen

Faculty Scholarship

No abstract provided.


Climate Chauvinism: Rethinking Loss & Damage, Nadia B. Ahmad, Victoria Beatty Jan 2023

Climate Chauvinism: Rethinking Loss & Damage, Nadia B. Ahmad, Victoria Beatty

Faculty Scholarship

No abstract provided.


Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart Sep 2022

Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart

Environmental and Earth Law Journal (EELJ)

As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …


Addressing The Disproportionate Adverse Health Effects Among Bipoc Communities As A Result Of Environmental Racism, Lindsay M. Farbent Sep 2022

Addressing The Disproportionate Adverse Health Effects Among Bipoc Communities As A Result Of Environmental Racism, Lindsay M. Farbent

Environmental and Earth Law Journal (EELJ)

This article examines factors that contribute to the negative health impacts on Black Americans, other minorities, and low-income communities that are living in areas with high levels of air pollution, toxic waste, and environmental hazards. First, this article assesses the role of historical residential redlining on the segregation of BIPOC neighborhoods. Furthermore, the article addresses gaps in both federal and state environmental laws that allow facilities to keep obtaining permits and polluting in BIPOC and primarily low-income neighborhoods. Moreover, the article explains the higher rates of trauma, stress, and stress-related illnesses among BIPOC communities exposed to high levels of environmental …


Is Bitcoin The New Gold? The Two May Be More Similar Than You Think, Including Their Value, Uses, And Deleterious Effects On The Environment, Justin Allen Sep 2022

Is Bitcoin The New Gold? The Two May Be More Similar Than You Think, Including Their Value, Uses, And Deleterious Effects On The Environment, Justin Allen

Environmental and Earth Law Journal (EELJ)

In the 1850s, the Gold Rush started in the United States, and in 2010, an analogous phenomenon, the Cryptoboom, began. Similar to the Gold Rush, Bitcoin’s initial boom was marred by the deleterious effects that mining for valuable coins had on the environment, but there are steps that can be taken to mitigate the negative effect cryptocurrencies have on the environment. Cryptocurrencies, including Bitcoin and the blockchain technology that powers cryptocurrencies, have been widely embraced by many people, corporations, and even entire governments for a multitude of reasons. Some have embraced the fruits of blockchain to use as a decentralized …


Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco Sep 2022

Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco

Environmental and Earth Law Journal (EELJ)

This note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood …


Congress Invests In A New Generation: The Future Of Commercial Fishing Is Supported By The Implementation Of The Young Fishermen’S Development Act, Shayla Alltop Sep 2022

Congress Invests In A New Generation: The Future Of Commercial Fishing Is Supported By The Implementation Of The Young Fishermen’S Development Act, Shayla Alltop

Environmental and Earth Law Journal (EELJ)

This note speaks to the importance and potential impact of the Young Fishermen’s Development Act. This ongoing, historical legislation, ultimately signed into law on January 5, 2021, will establish funds over several fiscal years to support the future of commercial fishing. The Alaska and New England regions are discussed briefly to show the significance of the commercial fishing industry to those areas. An overview of the Act is provided, and the context for its need is explained as it relates to the industry’s entrants. Further, the phenomenon known as “graying of the fleet” is examined, as well as some of …


No-One Receives Psychiatric Treatment In A Squad Car, Judy A. Clausen, Joanmarie Davoli Jul 2022

No-One Receives Psychiatric Treatment In A Squad Car, Judy A. Clausen, Joanmarie Davoli

Faculty Scholarship

No abstract provided.