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Barry University School of Law

2021

Articles 1 - 27 of 27

Full-Text Articles in Law

Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell Oct 2021

Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell

Environmental and Earth Law Journal (EELJ)

The U.S. Environmental Protection Agency (EPA) and the Department of Justice are tasked with the investigation and prosecution of hazardous waste crimes occurring under the U.S. Resource Conservation and Recovery Act (RCRA). For criminal sanctions to be effective, the probability of detection and severity of punishment must be significant enough to raise the cost to benefit ratio to deter environmental crimes. While research examines sanctioning under RCRA, little work examines the plausibility of the deterrent effect of criminal sanctions. Through content analysis of all environmental crime prosecutions resulting from EPA criminal investigations, 1983-2019, we explore the probability of detection and …


Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello Oct 2021

Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello

Environmental and Earth Law Journal (EELJ)

Fish and the fishing industry are one of the main sources of food protein and commerce in many areas of the world, whether it be from traditional and artisanal fishing practiced in Somalia and other undeveloped countries or large scale international commercial fishing from rich and industrialized nations. The world’s oceans are currently being plagued by overfishing both from legally authorized activities and Illegal, Unreported, and Unregulated Fishing. The purpose of this paper is to examine the problems plaguing the world’s fisheries with an eye towards the environmental damage and economic harm that stem from it. It is also to …


The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico Oct 2021

The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico

Environmental and Earth Law Journal (EELJ)

This note assessed how animal care organizations and the animals in their care were impacted, negatively and positively, by the coronavirus pandemic. Several animal care organizations in the United States–including animal shelters, rescues, sanctuaries, and zoos–were contacted directly, and invited to share their experiences from the COVID-19 pandemic in 2020. They provided valuable in-depth insight into how government shutdowns and social distancing impacted their facility; if any of the animals in their care tested positive for COVID-19; how the animals in their care were affected indirectly by COVID-19; if they sought and received any government assistance to keep them operational; …


Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele Oct 2021

Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele

Environmental and Earth Law Journal (EELJ)

Alkaline hydrolysis is an eco-friendly cremation alternative that uses water, a gentle chemical solution, and heat to break down bodies instead of fire. It has a carbon footprint that is 75% less than that of standard cremation and eliminates the possibility of soil and groundwater pollution created by traditional burials. The problem is that it is illegal and unavailable to citizens in at least 31 states. This comment examines the history, process, and legality of alkaline hydrolysis while proposing the rapid federal or mass state legalization of the method as a solution to many of the problems the death care …


Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell May 2021

Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell

Child and Family Law Journal

No abstract provided.


Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang May 2021

Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang

Child and Family Law Journal

No abstract provided.


How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips May 2021

How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips

Child and Family Law Journal

There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations.1 However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed to …


The True Detriment Of Sibling Separation Lies In The Law, Vincent Sorrentino May 2021

The True Detriment Of Sibling Separation Lies In The Law, Vincent Sorrentino

Child and Family Law Journal

No abstract provided.


Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave, Emily Bergmann May 2021

Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave, Emily Bergmann

Child and Family Law Journal

This article addresses an issue relevant to all working parents: paid parental leave. The United States is the only industrialized nation in the world to not guarantee paid leave for parents. Substantial research and studies have documented numerous benefits correlated to paid parental leave including increased workforce participation, health benefits for both children and parents, reduced gender stereotypes, and more. Unfortunately, many fathers are stigmatized when they choose to take family leave; therefore, making leave mandatory is necessary to reduce this stigma. Current paternity leave policies in the United States will be analyzed under the FMLA, individual states, and private …


Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse, Mary Kate Workman May 2021

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.


The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework, Christian Williams May 2021

The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework, Christian Williams

Child and Family Law Journal

No abstract provided.


Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett May 2021

Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett

Child and Family Law Journal

No abstract provided.


Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross May 2021

Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross

Faculty Scholarship

No abstract provided.


Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan Apr 2021

Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan

Faculty Scholarship

No abstract provided.


Florida's Harmful Algal Blooms: Tiny Organisms Needing Massive Legislation, Jillian Barnard Feb 2021

Florida's Harmful Algal Blooms: Tiny Organisms Needing Massive Legislation, Jillian Barnard

Environmental and Earth Law Journal (EELJ)

No abstract provided.


The Rights Of Nature Movement In The United States: Community Organizing, Local Legislation, Court Challenges, Possible Lessons And Pathways, Marsha Moutrie Feb 2021

The Rights Of Nature Movement In The United States: Community Organizing, Local Legislation, Court Challenges, Possible Lessons And Pathways, Marsha Moutrie

Environmental and Earth Law Journal (EELJ)

No abstract provided.


A Lit Stick Of Dynamite: The Story Of Desegregation In Clinton, Tennessee, Johnny Cerisano Jan 2021

A Lit Stick Of Dynamite: The Story Of Desegregation In Clinton, Tennessee, Johnny Cerisano

Barry Law Review

No abstract provided.


Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa Jan 2021

Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa

Barry Law Review

No abstract provided.


When The Rule Invites The Exceptions: How The Arizona Supreme Court's Attempt To Clarify The Economic Loss Rule In Flagstaff Affordable Housing Has Led To Discontinuity In Subsequent Application, Grant H. Frazier, Justin J. Larson Jan 2021

When The Rule Invites The Exceptions: How The Arizona Supreme Court's Attempt To Clarify The Economic Loss Rule In Flagstaff Affordable Housing Has Led To Discontinuity In Subsequent Application, Grant H. Frazier, Justin J. Larson

Barry Law Review

No abstract provided.


Deceive, Profit, Repeat: Public Deception Schemes To Conceal Product Dangers, Wes Henricksen Jan 2021

Deceive, Profit, Repeat: Public Deception Schemes To Conceal Product Dangers, Wes Henricksen

Faculty Scholarship

No abstract provided.


Fraud Law And Misinfodemics, Wes Henricksen Jan 2021

Fraud Law And Misinfodemics, Wes Henricksen

Faculty Scholarship

No abstract provided.


Oliver Wendell Holmes's Theory Of Contract Law At The Massachusetts Supreme Judicial Court, Daniel P. O'Gorman Jan 2021

Oliver Wendell Holmes's Theory Of Contract Law At The Massachusetts Supreme Judicial Court, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Divorce And The Collapse Of The Three-Legged Stool: Setting Servicemembers Up For Success In The Age Of Brs And Covid-19, Kan Samuel Jan 2021

Divorce And The Collapse Of The Three-Legged Stool: Setting Servicemembers Up For Success In The Age Of Brs And Covid-19, Kan Samuel

Faculty Scholarship

No abstract provided.


Immigration Detention: Eroding Or Reinforcing A Theory Of Immigration Exceptionalism?, Kate Aschenbrenner Jan 2021

Immigration Detention: Eroding Or Reinforcing A Theory Of Immigration Exceptionalism?, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.


Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker Jan 2021

Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.


Severe Or Pervasive Should Not Mean Impossible And Unattainable: Why The "Severe Or Pervasive" Standard For A Claim Of Sexual Harassment And Discrimination Should Be Replaced With A Less Stringent And More Current Standard, Kristy D'Angelo-Corker Jan 2021

Severe Or Pervasive Should Not Mean Impossible And Unattainable: Why The "Severe Or Pervasive" Standard For A Claim Of Sexual Harassment And Discrimination Should Be Replaced With A Less Stringent And More Current Standard, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.


Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray Jan 2021

Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray

Faculty Scholarship

No abstract provided.