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Articles 1 - 15 of 15
Full-Text Articles in Law
The Potential For Abuse In Developer-Controlled Community Development Districts, Paul D. Asfour
The Potential For Abuse In Developer-Controlled Community Development Districts, Paul D. Asfour
Barry Law Review
The scope of this article is to discuss Florida Community Development Districts and their potential for abuse and mismanagement on the part of the developers that control them through the developer elected boards of supervisors (boards). This article will discuss the various statutes that control both the districts and their respective boards. In addition, this article will recommend changes to certain sections of those statutes to better protect the residents, who are subject to the districts’ control, from developers who put profit and personal gain above the best interests of the districts they control and the districts’ residents, who have …
Reforming The Immigration Courts Of The United States: Why Is There No Will To Make It An Article I Court?, Leonard Birdsong
Reforming The Immigration Courts Of The United States: Why Is There No Will To Make It An Article I Court?, Leonard Birdsong
Barry Law Review
This article strongly reaffirms the author's support for the use of asylum as a way of providing justice for those fleeing persecution from other countries. Additionally, this article was written to help educate those interested in asylum law by providing some history and background on asylum. Part II of the article briefly discusses the history of asylum; enumerates the eligibility requirements for asylum; describes court proceedings in asylum cases; recounts recent statistics on grants of asylum; and also includes a brief history of our immigration courts. Part III examines the six significant problem areas our immigration courts have wrestled with …
'You Are Hereby Sentenced To A Term Of . . . Enslavement?': Why Prisoners Cannot Be Exempt From Thirteenth Amendment Protection, Alvaro Hasani
'You Are Hereby Sentenced To A Term Of . . . Enslavement?': Why Prisoners Cannot Be Exempt From Thirteenth Amendment Protection, Alvaro Hasani
Barry Law Review
No abstract provided.
Should The "Undue Hardship" Standard For Discharging Student Or Educational Loans Be Expanded?, Kevin J. Smith
Should The "Undue Hardship" Standard For Discharging Student Or Educational Loans Be Expanded?, Kevin J. Smith
Barry Law Review
No abstract provided.
Lawyers Bring Big Screen Drama To The Courtroom: How Popular Culture's Influence On The Law Has Created The Need For "Professional Witnesses", Katherine Lee Klapsa
Lawyers Bring Big Screen Drama To The Courtroom: How Popular Culture's Influence On The Law Has Created The Need For "Professional Witnesses", Katherine Lee Klapsa
Barry Law Review
No abstract provided.
Florida's Motor Vehicle Crashworthiness Enhanced Injury Doctrine: "Wanted Dead Or . . .", Larry M. Roth
Florida's Motor Vehicle Crashworthiness Enhanced Injury Doctrine: "Wanted Dead Or . . .", Larry M. Roth
Barry Law Review
No abstract provided.
Who's The Boss? A Distinction Without A Difference, Lakisha A. Davis
Who's The Boss? A Distinction Without A Difference, Lakisha A. Davis
Barry Law Review
This case note provides the factual background of Vance v. Ball State and briefly summarizes the legal precedent behind the decision. It analyzes the opinion of the Court, suggesting that the decision severely limited the essential protections against workplace harassment provided by Title VII, consequently making it more difficult for employees to prove employer vicarious liability for workplace harassment.
Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney
Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney
Barry Law Review
This student comment explores the problem facing Florida insurers preventing them from exercising their right to litigate bad faith causes of action in federal court. This article demonstrates how the federal removal statutes, and amendments thereto, have potentially precluded insurers from removing some bad faith actions from state to federal court under diversity jurisdiction. This article details the divergence in opinion among Florida’s Southern and Middle District Courts in interpreting the federal removal statutes and concludes with a prediction of how the split may be resolved by the Eleventh Circuit Court of Appeals.
E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler
E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler
Barry Law Review
This article seeks to apply Rogers Smith’s Multiple Traditions thesis to the United States Supreme Court’s treatment of the Fourteenth Amendment to uncover the influences behind its major civil rights decisions. It will argue that liberalism dominates at the Court after mostly, but not completely, shedding its illiberal tendencies. This article will argue that the Court’s focus on intent over impact and its “color-blind” approach to racial classifications in the era of subterranean prejudice and indifference or ignorance to inequality solidifies and perpetuates the hierarchies created by ascriptive forms of Americanism under the Court’s liberal notions. This article will also …
A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman
A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman
Barry Law Review
This article examines the reporter's privilege in Florida and the inherent conflict between the First Amendment and Sixth Amendment as it exists between the freedom of the press and the right to a fair trial. The salient question addressed is whether the conflict between the First Amendment and the Sixth Amendment has been reconciled on the issue of a reporter's privilege by Florida courts and the Florida Legislature. The author provides both an analytic and empirical study. Analytically, the article looks to the two amendments to define a reporter's privilege and considers the history of the privilege. The article discusses …
Unlocking The Eighth Amendment's Power To Make Innocence A Constitutional Claim: The 'Objective' Views Of State Legislators, David Niven
Barry Law Review
No abstract provided.
Law And Policy In The Global Space Industry's Lift-Off, Claudia Pastorius
Law And Policy In The Global Space Industry's Lift-Off, Claudia Pastorius
Barry Law Review
This article provides an overview of current developments in the commercial space industry and touches upon unsettled legal issues in space law and space property rights in particular. The article provides an analysis of the security risks, environmental hazards, and economic opportunities associated with the development of the commercial space industry. Part II gives an overview of past and present commercial and nation-state space development activities. Part III addresses the reasons underlying the ambiguity regarding space property rights in the major source of space law, the Outer Space Treaty of 1967, and proposes that the international community reconsider the benefits …
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not? On The Human Rights Of Kidnapped Seamen And Their Families, Barry Hart Dubner, Kimberly Chavers
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not? On The Human Rights Of Kidnapped Seamen And Their Families, Barry Hart Dubner, Kimberly Chavers
Barry Law Review
No abstract provided.
Gideon's Legacy: Taking Pedagogical Inspiration From The Briefs That Made History, Elizabeth Berenguer Megale
Gideon's Legacy: Taking Pedagogical Inspiration From The Briefs That Made History, Elizabeth Berenguer Megale
Barry Law Review
No abstract provided.
Shelton V. Secretary, Department Of Corrections: A Constitutional Challenge To Florida's Drug Law, Noah Al-Malt
Shelton V. Secretary, Department Of Corrections: A Constitutional Challenge To Florida's Drug Law, Noah Al-Malt
Barry Law Review
No abstract provided.