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Full-Text Articles in Law

Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman Oct 2012

Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


A Mighty Wind: The Turbulent Times Of America's First Offshore Wind Farm And The Inverse Of Environmental Justice, M.W. Marinakos May 2012

A Mighty Wind: The Turbulent Times Of America's First Offshore Wind Farm And The Inverse Of Environmental Justice, M.W. Marinakos

Environmental and Earth Law Journal (EELJ)

In 2001, Cape Wind Associates announced its proposal to construct America’s first offshore wind farm in the federal waters of Nantucket Sound. This declaration touched off a storm of law suits, fund raising, and protests in the press that still rages to this day. Political pundits and environmental groups of every stripe have taken some surprising positions, based solely on the location of the renewable energy source. The Alliance to Protect Nantucket Sound, posing as an environmental concern, has risen as the archrival to the wind farm. Interestingly, a closer look under the surface of this group reveals a financial …


Environmental Justice On My Mind: Moving Georgia's Environmental Protection Division Toward The Consideration Of Enviornmental Justice In Permitting, David Deganian May 2012

Environmental Justice On My Mind: Moving Georgia's Environmental Protection Division Toward The Consideration Of Enviornmental Justice In Permitting, David Deganian

Environmental and Earth Law Journal (EELJ)

Under the Obama Administration, the Environmental Protection Agency (EPA) is leading efforts to incorporate environmental justice measures into its inner-workings. So, too, are numerous other federal agencies. These efforts, however, have little practical effect at the state level where sources of pollution, such as coal-fired power plants and other industrial facilities are granted permits to pollute. Under the cooperative federalism framework that exists today, the federal government cannot directly compel states to consider environmental justice unless such action is required by federal law. Thus, federal guidance pertaining to environmental justice will do little to prevent the pattern of siting pollution …


The Village Of Kivalina Is Falling Into The Sea: Should Cercla Section 9626(B) Be Available To Move The Village From Harm's Way?, Robert J. Martin May 2012

The Village Of Kivalina Is Falling Into The Sea: Should Cercla Section 9626(B) Be Available To Move The Village From Harm's Way?, Robert J. Martin

Environmental and Earth Law Journal (EELJ)

The Village of Kivalina, and other similarly situated Native Alaska villages, are in danger of falling into the sea. Regional climate change is melting the permafrost that acts as the foundation of their communities. Sea ice that once acted as a barrier during storm season today melts earlier, and erosion rates are increasing. Kivalina’s situation is further worsened by the threat of contamination from a nearby open dump. Without permanent relocation, Kivalina and its residents face imminent harm.

Congress has given the President authority to permanently relocate an Indian tribe or Alaska Native village under CERCLA Section 9626(b). This article …


Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank Apr 2012

Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank

Faculty Scholarship

No abstract provided.


On The Economics Of International Sea Piracy--A Case Of History Repeating Itself, Barry H. Dubner Jan 2012

On The Economics Of International Sea Piracy--A Case Of History Repeating Itself, Barry H. Dubner

Faculty Scholarship

No abstract provided.


Achieving Reproductive Justice In The International Surrogacy Market, Seema Mohapatra Jan 2012

Achieving Reproductive Justice In The International Surrogacy Market, Seema Mohapatra

Faculty Scholarship

Men and women are increasingly seeking surrogacy arrangements outside of their home country, mainly due to legal restrictions or the high cost of surrogacy in their home countries. Global surrogacy raises numerous issues including the economic status of women involved in surrogacy arrangements, poverty, issues related to what motherhood means and how women from different ethnic, socioeconomic, class, and national backgrounds interact in the global surrogacy market. This essay analyzes whether reproductive justice exists in the current international surrogacy market. Reproductive justice refers to the normative concept that all women, regardless of their ethnic, racial, national, social, or economic backgrounds, …


Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera Jan 2012

Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera

Faculty Scholarship

No abstract provided.


Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull Jan 2012

Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull

Faculty Scholarship

No abstract provided.


The Logic Of Terrorism, F.E. Guerra-Pujol Jan 2012

The Logic Of Terrorism, F.E. Guerra-Pujol

Barry Law Review

No abstract provided.


The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust Jan 2012

The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust

Barry Law Review

No abstract provided.


A Rational Choice Reflection On The Balance Among Individual Rights, Collective Security, And Threat Portrayals Between 9/11 And The Invasion Of Iraq, Robert Bejesky Jan 2012

A Rational Choice Reflection On The Balance Among Individual Rights, Collective Security, And Threat Portrayals Between 9/11 And The Invasion Of Iraq, Robert Bejesky

Barry Law Review

No abstract provided.


Humanitarian Intervention And Syria, Eric Engle Jan 2012

Humanitarian Intervention And Syria, Eric Engle

Barry Law Review

No abstract provided.


Gatekeepers Of Legal Information: Evaluating And Integrating Free Internet Legal Resources Into The Classroom, Jootaek Lee Jan 2012

Gatekeepers Of Legal Information: Evaluating And Integrating Free Internet Legal Resources Into The Classroom, Jootaek Lee

Barry Law Review

No abstract provided.


Is A Taking Something Lost Or Something Gained? Contrasting The Loss/Gain Focus Of Takings Cases In The United States And Australia, Duane L. Ostler Jan 2012

Is A Taking Something Lost Or Something Gained? Contrasting The Loss/Gain Focus Of Takings Cases In The United States And Australia, Duane L. Ostler

Barry Law Review

No abstract provided.


Berghuis V. Thompkins: Retreat From Miranda, Jacquline Grossi Jan 2012

Berghuis V. Thompkins: Retreat From Miranda, Jacquline Grossi

Barry Law Review

No abstract provided.


Bridging The Digital Divide And Guiding The Millennial Generation's Research And Analysis, Kari Mercer Dalton Jan 2012

Bridging The Digital Divide And Guiding The Millennial Generation's Research And Analysis, Kari Mercer Dalton

Barry Law Review

No abstract provided.


The United States' Enhanced Impunity For Its International Obligations: The Continued Unlawful Treatment Of Captives And Detainees Following The Attack Of September 11, 2001, David Brennan Jan 2012

The United States' Enhanced Impunity For Its International Obligations: The Continued Unlawful Treatment Of Captives And Detainees Following The Attack Of September 11, 2001, David Brennan

Barry Law Review

No abstract provided.


John Hart Ely: An Influential Constitutional Scholar—Protecting "Flag Desecration" Under The First Amendment, Mohammed Saif-Alden Wattad Jan 2012

John Hart Ely: An Influential Constitutional Scholar—Protecting "Flag Desecration" Under The First Amendment, Mohammed Saif-Alden Wattad

Barry Law Review

No abstract provided.


Locking In Wedlock: Reconceptualizing Marriage Under A Property Model, Ruth Sarah Lee Jan 2012

Locking In Wedlock: Reconceptualizing Marriage Under A Property Model, Ruth Sarah Lee

Barry Law Review

No abstract provided.


The Effect Of Franchisor Bankruptcy On Executory Supply Contracts: Does The Franchisee Have A Remedy?, Matthew J. Burne Jan 2012

The Effect Of Franchisor Bankruptcy On Executory Supply Contracts: Does The Franchisee Have A Remedy?, Matthew J. Burne

Barry Law Review

No abstract provided.


Florida's Ucc Filing System: How A Design Overhaul Could Lead To More Certainty In Filing And Searching For Financing Statements, Patrick J. Burton Jan 2012

Florida's Ucc Filing System: How A Design Overhaul Could Lead To More Certainty In Filing And Searching For Financing Statements, Patrick J. Burton

Barry Law Review

No abstract provided.


Abusive Tax Practices: The 100-Year Onslaught On The Tax Code, Arthur Acevedo Jan 2012

Abusive Tax Practices: The 100-Year Onslaught On The Tax Code, Arthur Acevedo

Barry Law Review

No abstract provided.


Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner Rodriguez Jan 2012

Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner Rodriguez

Faculty Scholarship

No abstract provided.


Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman Jan 2012

Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers Jan 2012

Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers

Faculty Scholarship

No abstract provided.


Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin Jan 2012

Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin

Faculty Scholarship

Public officials can be more certain than ever before that qualified immunity will shield them from suits for money damages even if their actions violate the constitutional rights of another. In the October 2011 Term the Supreme Court granted qualified immunity to government officials in four significant cases and denied it to none. Troublesome aspects of the Supreme Court’s current approach include (1) the failure to clarify important Constitutional questions; and (2) the blurring of the distinction between absolute and qualified immunity for all practical purposes by assuring state officials that they can be certain of the shield from liability. …


Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen Jan 2012

Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen

Faculty Scholarship

No abstract provided.


Lotteries And Public Policy In American Law, Stephen J. Leacock Jan 2012

Lotteries And Public Policy In American Law, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy, Seema Mohapatra Jan 2012

Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy, Seema Mohapatra

Faculty Scholarship

Truth is often stranger than fiction, and nowhere is this more evident than when examining the real stories related to international commercial surrogacy that have occurred in the last few years. This Article utilizes these recent cases to analyze this industry using a bioethical lens. Bioethicists use stories effectively to demonstrate how theory and normative ideals apply to real world situations. By detailing examples of some of the unique scenarios that have arisen in far-flung cities of India, the United States, and the Ukraine, this Article highlights some of the bioethical dilemmas such stories raise. This Article examines these stories …