Law Commons^™

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 …

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.

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.

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 …

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 …

Trial By Combat In The Modern World, Michael L. Smith

Barry Law Review

The ancient practice of trial by combat was abandoned hundreds of years ago and has never been employed in America. Yet this has not stopped litigants and others from demanding trial by combat—a tactic which, while infrequent, implicates deeper questions of the history of American law. In the past several years, several high-profile demands for trial by combat have prompted media attention and caused several commentators to suggest that trial by combat may be an option for civil litigants. Most coverage and commentary only focuses on each instance of trial by combat as they arise—without attention to other examples of …

“Protecting The Superfluous…To Preserve The Necessary”: Whose Is The Power? The Case Of The Cursing Cheerleader: Mahanoy Area School District V. B.L., Lisa Smith-Butler

Barry Law Review

This article explores the free speech rights of students in the public school setting while off-campus in the recently decided Supreme Court of the United States case of Mahanoy Area School District v. B.L. It examines the history of school discipline from the American colonial period to the present, and briefly explores the First Amendment doctrine regarding content regulation. Next, it reviews the line of Supreme Court decisions from Tinker onwards regarding students’ First Amendment rights in the public school setting and then studies decisions from circuit courts. It then considers the various rules proposed by all of the litigants …

Reforming The Methods Used For Obtaining Juvenile Confessions, Melissa Sarsten Polito

Barry Law Review

No abstract provided.

Proving The Negative: Florida's Stand Your Ground Law And The Burden Of Proof, Connor Bishop

Barry Law Review

Self-defense and Stand Your Ground laws are controversial subjects in today’s world. On one side, some argue that these laws protect our Second Amendment right to bear arms, protect ourselves, and our loved ones without fear of criminal prosecution. On the other hand, opponents argue that Stand Your Ground laws encourage evermore violent acts and vigilantism. In the center is the controversy of applying the law. From the people who are disproportionately charged and tried to those that avoid prosecution, this country has become a heightened example of the problems with the current state of self-defense. From Zimmerman to the …

The Hale Act Only Fuels The Wheel Of Abuse In The Digital Age, Kathleen Evans

Barry Law Review

No abstract provided.

What’S In A Name? The Use Of The Title “Doctor” By Jds In Academia, Charles W. Penrod, Lindsay Fryer

Barry Law Review

No abstract provided.

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

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

Barry Law Review

No abstract provided.

The Constitution Is Dead, Long Live The Constitution! The Creation, Endurance, And Modification Of Modern Revolutionary Constitutions, Jorge M. Farinacci-FernóS

Barry Law Review

No abstract provided.

A Shield Becomes A Sword: Defining And Deploying A Constitutional Theory For Communities Of Interest In Political Redistricting, Glenn D. Magpantay

Barry Law Review

No abstract provided.

An Immigration Defense Lawyer Walked Into A Barr... The Impact Of Trump’S Justice Department On The Defense Of Criminal Immigrants, Michael Vastine

Barry Law Review

No abstract provided.

Sexual Orientation Discrimination And The Opportunity For Florida To Finally Make Amends, Samantha Lambert

Barry Law Review

No abstract provided.

Mcneighbor? Legal Barriers To A National Food-Sharing Economy, Evelyn Schwalb

Barry Law Review

No abstract provided.

Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard

Barry Law Review

No abstract provided.

States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom

Barry Law Review

No abstract provided.

Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson

Barry Law Review

No abstract provided.

All That Is Liquidated Melts Into Air: Five Meta-Interpretive Issues, D.A. Jeremy Telman

Barry Law Review

No abstract provided.

A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath

Barry Law Review

No abstract provided.

Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon

Barry Law Review

No abstract provided.

The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer

Barry Law Review

No abstract provided.

The Government Should Not Always Win: I.R.S. Practices That Verge On Unconstitutional Practices, Kayla Kendrick Odom

Barry Law Review

No abstract provided.

The Opioid Crisis: The States' And Local Governments' Response To Bigpharma's Deception And Why The Supremacy Clause May Provide A Cloak For Opioid Manufacturers To Hide Behind, Tracie Childers

Barry Law Review

No abstract provided.

Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg

Barry Law Review

No abstract provided.

Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel

Barry Law Review

No abstract provided.