Law Commons^™

2015 Survey Of Juvenile Law, Michael J. Dale

Nova Law Review

The Supreme Court of Florida ruled in this survey year on two very

important cases arising from the Supreme Court of the United States’ 2012

opinion in Miller v. Alabama,1 which held unconstitutional the “sentencing

scheme[s] . . . mandat[ing] life in prison without [the] possibility of parole for

juvenile offenders.”2

What To Expect Before You're Expecting: Clarifying Florida's Statute Governing Pre-Embryo Disposition Agreements And Divorce, Alison P. Barbiero

Nova Law Review

In 2013, Sofia Vergara, actress and star of the hit television show Modern Family, and her then fiance' Nick Loeb, a Florida businessman, sought to conceive a child through in vitro fertilization (IVF) - a process by which an egg and sperm are fertilized outside of the body, and the resulting pre-embryo is implanted in the uterus with the objective of development to full-term.

Disrupted Lives; Diverted Futures: Zero Tolerance Policies' Impact On Students With Disabilities, Catherine E. Johnson

Nova Law Review

The United States of America was founded upon the highest of ideals - the promise of equality for all citizens.

Miranda In Mental Health: Court Ordered Confessions And Therapeutic For Young Offenders, Jennifer A. Brobst

Nova Law Review

There is a certain sadness accompanying the hopeful tone of the promotion of juvenile brain science to ameliorate harsh juvenile justice policies.

The Right To Remain Silent In New Orleans: The Role Of Non-Politically Accountable Charter School Boards In The School-To-Prison Pipeline, Steven L. Nelson J.D., Ph.D, Jennifer E. Grace M.Ed., N.C.C

Nova Law Review

Residents and officials of many cities may fantasize about the possibilities of rebuilding their cities from scratch.

Correlation Between Inmate Brutality And Lack Of Whistleblower Protection In Florida, Brittany H. Henderson Esq., Gary M. Farmer Esq.

Nova Law Review

“Inmates are dying in Florida’s prisons, victims of torture and

brutality.”1 As eloquently stated by the Miami Herald, “inmates are being

killed by people Floridians pay to keep the peace in a charged, stressful

environment.”

Fighting For Equal Protection Under The Fourth Amendment: Why "Knock-And-Talks Should Be Reviewed Under The Same Constitutional Standard As "Stop-And-Frisks", Ian Dooley

Nova Law Review

A knock-and-talk, like a stop-and-frisk, is a flexible investigatory tool that is used by law enforcement officials to subvert the Fourth Amendment's warrant requirement.

Populating The Pipeline: School Policing And The Persistence Of The School-To-Prison Pipeline, Janel George

Nova Law Review

This Article examines the establishment, expansion, and current role of police in schools and how police presence perpetuates the racial profiling, discriminatory disciplining, and incarcerating of children of color.

Nova Law Review Full Issue

Nova Law Review

In 1973, board members of the Ford Motor Company circulated a memo that addressed an issue in the manufacturing of one of its cars, the Ford Pinto.

Irresolute Testators, Clear And Convicing Wills Law, Jane B. Baron

Washington and Lee Law Review

Controversial recent wills law reforms, embodied in new provisions of both the Uniform Probate Code and the Restatement of Property, excuse so-called harmless errors in will execution and permit judicial correction of erroneous terms in a will or trust. Both reforms pose evidentiary dangers, as proof of the error must come from outside the attested instrument and will be offered after the testator’s death. To respond to this concern, both the error and the testator’s true intent must be established by “clear and convincing” evidence. This Article is the first to examine how courts have applied the clear and convincing …

The Preempting Of Equal Protection For Immigrants?, Jenny-Brooke Condon

Washington and Lee Law Review

Recent debates about immigration have focused overwhelmingly on unauthorized migration and the respective roles of the federal and state governments in enforcing immigration law. But that emphasis in law and theory has obscured a critical civil rights question of our time: what measure of equality is due to those with the opportunity to abide by the rules of entry, who are now lawfully present within the United States? Although the United States Supreme Court recognized decades ago that lawfully present migrants are a discrete and insular minority entitled to heightened judicial protection under the Equal Protection Clause of the Fourteenth …

Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin

Washington and Lee Law Review

Concerns about hindsight in the law typically arise with regard to the bias that outcome knowledge can produce. But a more difficult problem than the clear view that hindsight appears to provide is the blind spot that it actually has. Because of the conventional wisdom about error review, there is a missed opportunity to ensure meaningful scrutiny. Beyond the confirmation biases that make convictions seem inevitable lies the question whether courts can see what they are meant to assess when they do look closely for error. Standards that require a retrospective showing of materiality, prejudice, or harm turn on what …

Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Jenia I. Turner, Allison D. Redlich George Mason University

Washington and Lee Law Review

Our criminal justice system resolves most of its cases through plea bargains. Yet the U.S. Supreme Court has not required that any evidence, even exculpatory or impeachment evidence, be provided to the defense before a guilty plea. As a result, state rules on pre-plea discovery differ widely. While some jurisdictions follow an “open-file” model, imposing relatively broad discovery obligations on prosecutors early in the criminal process, others follow a more restrictive, “closed-file” model and allow the prosecution to avoid production of critical evidence either entirely or until very near the time of trial. Though the advantages and disadvantages of both …

A Tale Of Two Cases, Paul J. Larkin Jr.

Washington and Lee Law Review

No abstract provided.

A Curious Call For More Judicial Activism: Comment On Alexandra Klein's "The Freedom To Pursue A Common Calling", Mark Rush

Washington and Lee Law Review

No abstract provided.

Recalling First Principles: The Importance Of Comity In Avoiding Antitrust Imperialism, J. Franck Hogue

Washington and Lee Law Review

No abstract provided.

The Privacy Risks Surrounding Consumer Health And Fitness Apps With Hipaa’S Limitations And The Ftc’S Guidance, Gabrielle Addonizio

Health Law Outlook

No abstract provided.

The Significance Of King V. Burwell, Jordan Dewbre

Health Law Outlook

No abstract provided.

In Pursuit Of Science-Based Regulation: Fda, Ftc, And The Regulation Of Pseudoscience, Aj Barbarito

Health Law Outlook

No abstract provided.

Macra: A New Law, But With What Consequences?, Victoria Ferenz

Health Law Outlook

No abstract provided.

Patient's Right To Choose; The Right-To-Try Law Movement, Jessica M. Maxwell

Health Law Outlook

No abstract provided.

Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard

Other Publications

No abstract provided.

The Co-Evolution Of Autonomous Machines And Legal Responsibility, Mark A. Chinen

Faculty Articles

This Article sets out a possible trajectory for the coevolution of legal responsibility and autonomous machines. Commentators have responded to the problem of legal responsibility for harms caused by such machines with alreadyexisting legal doctrines related to defective products, agency law, and international humanitarian law, among others. There is a debate about the extent to which those doctrines in their current forms can address adequately the situations that will arise when autonomous machines become more prevalent. To the extent they do not, it is because of the law's general discomfort with associative responsibility, a discomfort shared and informed by most …

Conviction By Prior Impeachment, Anna Roberts

Faculty Articles

Impeaching the testimony of criminal defendants through the use of their prior convictions is a practice that is triply flawed. (1) it relies on assumptions belied by data; (2) it has devastating impacts on individual trials; and (3) it contributes to many of the criminal justice system's most urgent dysfunctions. Yet critiques of the practice are often paired with resignation. Abolition is thought too ambitious because this practice is widespread, long-standing, and beloved by prosecutors. Widespread does not mean universal, however, and a careful focus on the states that have abolished this practice reveals arguments that overcame prosecutorial resistance and …

Checks, Balances, And Nuclear Waste, Bruce R. Huber

Journal Articles

The Nuclear Waste Policy Act of 1982 established a process for siting and constructing repositories for nuclear waste. When Nevada’s Yucca Mountain emerged as a likely repository site, that state’s officials and allies exercised the numerous political and legal checks afforded by the Act and appear, at least for the time being, to have defeated the selection. But Nevada’s victory may well be the nation’s loss. In the absence of a national waste repository, nuclear power plant operators have no choice but to store spent nuclear fuel on site, where it presents a number of risks not contemplated by the …

The State Of Utah, Petitioner/Cross-Respondent V. Robert Damien Thorntonresp Ondent/Cross -Petitioner : Reply Brief Of Respondent/Cross.Petitioner

Utah Supreme Court Briefs (1965 –)

No abstract provided.

A Bare Desire To Harm: Transgender People And The Equal Protection Clause, Kevin M. Barry, Brian Farrell, Jennifer Levi, Neelima Vanguri

Faculty Scholarship

The U.S. Supreme Court’s decision in Obergefell v. Hodges establishing marriage equality for same-sex couples marks a major shift in recognizing gay, lesbian, and bisexual people as a central part of the fabric of American society. Obergefell also marks the passing of the torch from “LGB” to “T”; the next civil rights frontier belongs to transgender people, for whom key barriers still remain. In January 2015, a transgender woman filed an equal protection challenge to a provision of the Americans with Disabilities Act (“ADA”), which explicitly excludes several medical conditions closely associated with transgender people. In support of this challenge, …

Obama’S National Security Exceptionalism, Sudha Setty

Faculty Scholarship

This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the …

Avoiding Overtreatment At The End Of Life: Physician-Patient Communication And Truly Informed Consent, Barbara A. Noah, Neal R. Feigenson

Faculty Scholarship

This Article considers how best to ensure that patients have the tools to make informed choices about their care as they near death. Informed decision making can help reduce excessive end-of-life care and unnecessary suffering, and result in care that aligns with patients’ well-considered values and preferences. The many factors that contribute to dying patients receiving too much therapy and life-prolonging care include: the culture of denial of death, physicians’ professional culture and attitudes toward treatment, physicians’ fear of liability, physicians’ avoidance of discussions about prognosis, and the impact of payment incentives that encourage overutilization of medical technologies.

Under the …

"As Who They Really Are": Expanding Opportunities For Transgender Athletes To Participate In Youth And Scholastic Sports, Erin E. Buzuvis

Faculty Scholarship

The aim of this Article is to assist the efforts of inclusion of transgender athletes by helping decision-makers in scholastic athletics and youth sports understand why and how to create inclusive policies. These decision-makers include leaders and stakeholders in local, state, and national sport organizations.

This Article begins with an overview of policies already adopted by interscholastic athletic associations and sport governing bodies that regulate youth sport programs. It critiques policies that categorically exclude and otherwise impose limitations on transgender persons who seek to participate in sports in a manner consistent with their gender identities (what this Article will refer …