Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Journal Publications

Series

2015

Articles 1 - 12 of 12

Full-Text Articles in Law

Wrongful Confictions And Due Process Violations, Cheryl Page Jan 2015

Wrongful Confictions And Due Process Violations, Cheryl Page

Journal Publications

This analytical essay looks at the myriad of ways innocent people are wrongfully convicted and how the criminal justice system fails to truly reach a fair and equitable result. The article looks at how at the initial stages of a criminal proceeding, a defendant can be prejudiced to the point of sufficient harm to his chances at being given a fair and impartial judicial proceeding. This article examines how fatal mistakes can be made and reveals that there can be flaws in the science of DNA testing, including fraud, criminologist bias, improper laboratory procedures, and human error. This article seeks …

Go to article

Professional Women Silenced By Men-Made Norms, Maritza I. Reyes Jan 2015

Professional Women Silenced By Men-Made Norms, Maritza I. Reyes

Journal Publications

The call of this symposium was for articles regarding women's rights and the movement toward equality. We are still wrestling with what equality should mean. In this Article, when I refer to equality I envision it as both a strategy and as the end goal. Equality as a strategy means assessing the inherent inequalities of particular situations and using the means necessary to remedy the inequalities and achieve equality as the end goal. The end goal is for women (with all our complexities and intersectionalities) to achieve the same rights and results as men (with all their complexities and intersectionalities) …

Go to article

The Fifth Circuit In Texas V. United States Chose And Advocated The Term “Illegal Alien”, Maritza I. Reyes Jan 2015

The Fifth Circuit In Texas V. United States Chose And Advocated The Term “Illegal Alien”, Maritza I. Reyes

Journal Publications

No abstract provided.

Go to article

Water Law Transitions, Robert H. Abrams Jan 2015

Water Law Transitions, Robert H. Abrams

Journal Publications

The history of water law throughout the United States is dynamic. Beginning with the inherited doctrine of English common law natural flow riparianism, the changes in law can be described as instrumentalist in the sense that "judges and legislatures made this branch of water law an instrument of pro-developmental policy." When the natural flow doctrine's requirement that the stream flow down to lower owners undiminished as to quantity and quality clashed with the needs of the extensive utilization of water powered mills in the nineteenth century, the courts pioneered an American doctrine of reasonable use riparianism that would sustain water-dependent …

Go to article

"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt Jan 2015

"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt

Journal Publications

This polemical essay was written at the behest of Black men and youth, and it is dedicated to African American women who relentlessly fight to safeguard the rights and well-being of Black men, even when in the process their maltreatment and welfare are grossly overlooked and forgotten. Bree Newsome's courageous and necessary removal of the confederate flag in the South Carolina State House is a prime example of such fearless activism. Joanne Deborah Chesimard aka Assata Shakur's-a former leader of the revolutionary organization known as the Black Liberation Armyascendency to the FBI's Most Wanted Terrorist list is another tragically intoxicating …

Go to article

The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith Jan 2015

The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith

Journal Publications

Discrimination in its various forms has contributed to the exclusion of blacks and other people of color from the field of medicine both as health care providers and as patients in the United States. Dr. Robinson's story is but one example. Racism has significantly harmed the health care of black people in the U.S. Generally speaking, those with the poorest health and the greatest need have had the poorest access to medical care, as well as lower quality health care than their white counterparts. To understand this, we must consider the historical context of blacks in America and in America's …

Go to article

Selling Florida's Water Up The River, Kara Consalo Jan 2015

Selling Florida's Water Up The River, Kara Consalo

Journal Publications

While Florida has the second highest rainfall in the United States, from the northern Okefenokee Swamp to the southern Florida Everglades, these bountiful ecosystems are still dependent to a great degree on the level and flow of underground water
supplies. Yet these life sustaining water bodies are under threat
by the very government agency tasked to protect them. By selling
millions upon millions of gallons of water from the Floridan aquifer
to out-of-state bottling interests, Florida's water management
districts are causing an unnecessary, yet life threatening, depletion
of the aquifer waters. Over the last forty years of regulation by the …

Go to article

Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Kara Consalo Jan 2015

Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Kara Consalo

Journal Publications

During World War II, the U.S. Army used over 12,000 acres in
what is now the eastern edge of the City of Orlando as a gunnery, bomb
training, and military demonstration range. Due to its close proximity to
the Orlando Army Air Base (now Orlando Executive Airport) and the
Pinecastle Army Airfield (now Orlando International Airport), this
property was perfectly located for airborne target practice. The area,
known as the Pinecastle Jeep Range was intentionally bombarded with
explosive and chemical bombs, rockets, bullets, scrap metal, and even
an old Jeep! After the war, the Army terminated its lease and the …

Go to article

Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States", Randall S. Abate Jan 2015

Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States", Randall S. Abate

Journal Publications

No abstract provided.

Go to article

A Primer On Higher Education In The 21st Century: The University As A Whole And Contributions Made By Law Schools, Ronald Griffin Jan 2015

A Primer On Higher Education In The 21st Century: The University As A Whole And Contributions Made By Law Schools, Ronald Griffin

Journal Publications

Citizens live within their unit's belief systems and superstitions. Truth is derived from family narratives, stories spun by old friends, outbursts from neighbours, barbers, religious figures, and priests. Certainty and comfort come from living in these spaces. But there is a wider world out there with characters doing things that conflict with routine. Higher education illuminates this realm. Legal education predicts what authorities will do about their antics and, while this is a laudable undertaking in the abstract, legal education should do more. It should arm the next generation with tools to cope with cultural ruptures, social confusion, dislocations, avatars, …

Go to article

Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen Jan 2015

Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen

Journal Publications

The 2012 United States Supreme Court case Arkansas Game & Fish Commission v. United States presented the Court with a claim that the property of a landowner downstream of a flood control dam was taken without compensation as a result of non-permanent inundations of low lying portions of that parcel caused by a change in the dam's pattern of releases. The Court held that, "government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection" and must, instead, be tested according to the Court's usual precedents governing temporary physical invasions and regulatory takings. The Federal Circuit held a …

Go to article

African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt Jan 2015

African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt

Journal Publications

This Article reconsiders the prevalent ahistorical assumption that international law began with the Treaty of Westphalia. It gathers together considerable historical evidence to conclude that the ancient world, particularly the New Kingdom period in Egypt or Kemet from 1570-1070 BCE, deployed all three of what today we would call sources of international law. African states predating the modern European nation state by nearly 6000 years engaged in treaty relations (the Treaty of Kadesh), and applied rules of custom (the MA 'AT) and general principles of law (as enumerated in the Egyptian Bill of Rights). While Egyptologists and a few international …

Go to article