Law Commons^™

2018-2019 Course Development Grants For Uf Graduate Students, Diedre Houchen

Center for the Study of Race & Race Relations: Lectures and Events

No abstract provided.

Defining “Home” Through Homestead Laws,, Hannah Haksgaard

Faculty Publications

No abstract provided.

The Free Exercise Clause, Minority Faiths, And The Possibility Of Religious Independence After Rawlsian Liberalism, David Charles Scott

Theses and Dissertations--Philosophy

The conversation to which my dissertation belongs is that which preoccupied John Rawls in Political Liberalism, namely: (1) how it is possible that a religiously and morally pluralistic culture like ours lives cooperatively from one generation to the next, and (2) The extent to which religious or moral convictions are appropriate bases for political action. My three-essay dissertation is about aspects of this investigation that affect minority or non-mainstream religious and cultural groups, since legal institutions, and theoretical models of them (such as Rawls’s and Ronald Dworkin’s) are in many ways ill-suited to accommodate their ways of life. In the …

A Complex Analysis Of The World Of Student Loans, Aiyana Gallardo

Student Works

No abstract provided.

Employee Health Benefit Programs—Who Are They Really Benefitting?, Ashley Fletcher

Student Works

No abstract provided.

Hiv Pre-Exposure Prophylaxis: Are We “Preping” For A New Epidemic?, Christopher Disanto

Student Works

No abstract provided.

Public Health And Sterilization Of The Mentally Disabled: Under What Circumstances Should It Be Scrutinized Versus Granted By Court Order?, Devin Griffin

Student Works

No abstract provided.

Concutere – Latin Verb Meaning “To Shake Violently”;, Gregory P. Coates

Student Works

No abstract provided.

Prison Officials’ Failure To Provide Adequate Health Care For Trans Prisoners Must Be Presumed To Be Deliberately Indifferent, A Key To A Cruel And Unusual Constitutional Violation, Timothy Chessher

Student Works

No abstract provided.

The Criminal Justice System’S Allegiance To Plea Bargains With Liberty And Justice For Some, Christina Brito

Student Works

No abstract provided.

Deploying Advanced Metering Infrastructure On The Natural Gas System: Regulatory Challenges And Opportunities, Romany M. Webb

Sabin Center for Climate Change Law

Recent increases in domestic natural gas use have been widely heralded as a vital step in the fight against climate change. Proponents often characterize natural gas as a “clean” fossil fuel, emphasizing that its combustion produces fewer greenhouse gas emissions than coal and oil (per unit of energy produced). Natural gas combustion still emits large amounts of carbon dioxide, however. Natural gas production and transportation also result in emissions, primarily in the form of methane, which is a highly potent greenhouse gas, with approximately eight-four times the climate impacts of carbon dioxide (on a pound-for-pound basis, over a twenty-year time …

Holding Fossil Fuel Companies Accountable For Their Contribution To Climate Change: Where Does The Law Stand?, Michael Burger, Jessica A. Wentz

Sabin Center for Climate Change Law

The judge who called for a climate tutorial in a federal court in San Francisco accepted the science that says that human-caused emissions of carbon dioxide play the central role in rising average global temperatures, increased sea levels, and coastal flooding – but threw out a lawsuit calling for financial reparations from the oil companies for causing these problems. Why? And what might the decision mean for other cases in other states, along similar lines, that are still in the works? Two environmental lawyers, one of whom was in the courtroom for the tutorial, explain.

The Legal Basis For Imo Climate Measures, Aoife O'Leary, Jennifer Brown

Sabin Center for Climate Change Law

This paper investigates the potential legal bases for the International Maritime Organization (IMO) to enact climate measures. It finds that the IMO has broad powers to enact almost any required measure, and quickly via a tacit amendment to the International Convention for the Prevention of Pollution from Ships (MARPOL).

Breaking The Silence With A Permanent Mark: Preventing And Punishing Serial Rapists On College Campuses, Sarah Rose Silverhardt, Esq.

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note discusses the historical evolution of how Title IX came to incorporate sexual violent crimes on colleges and universities. Moreover, Part I defends the existence of Title IX. Specifically, it evaluates the value of the “Dear Colleague” letter (“the Letter”), which outlines the procedures and responsibilities of educational institutions to protect students and enforce a discrimination-free (specifically sexual violence free) environment on campuses. Part I concludes by discussing sanctions imposed on schools for non-compliance of Title IX procedures and thus, the limited success of Title IX on campuses.

Part II briefly discusses critiques of Title …

Incarcerating The Accused: Reforming Bail For The Pretrial Detention Of Juveniles And Youths Aged Eighteen To Twenty-One, Leigha A. Weiss

Journal of Civil Rights and Economic Development

(Excerpt)

This note addresses the injustice of pretrial detention on juveniles, minors, and youths aged eighteen to twenty-one, in New York State. This note will address juveniles, aged eighteen to twenty-one, who are subject to criminal proceedings in adult criminal court and incarceration in adult criminal facilities as well as juveniles or minors below the age of criminal responsibility who are subject to juvenile delinquency proceedings and incarceration in juvenile detention facilities. So many youths are in unnecessary detentions under horrific conditions in adults and juvenile correctional facilities across the country. Serious bail reform is long overdue to provide humane …

The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy

Dickinson Law Review (2017-Present)

This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for …

It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White

Dickinson Law Review (2017-Present)

The United States Constitution provides individuals convicted of a crime with “a second bite at the apple.” The Sixth Amendment provides an avenue to appeal one’s conviction based on the claim of “ineffective assistance of counsel.” What were the Framers’ true intentions in using the phrase “effective assistance of counsel”? How does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 affect habeas corpus appeals? This article answers these questions through the eyes of Thomas—a fictional character who is appealing his murder conviction.

This article first looks at the history surrounding effective assistance of counsel and discusses the difficulties …

Table Of Contents And Front Matter

Dickinson Law Review (2017-Present)

No abstract provided.

Innovation Diffusion In The Legal Industry, William D. Henderson

Dickinson Law Review (2017-Present)

This article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an “innovation diffusion curve” and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research …

Sixth Time’S The Charm: Rethinking The Arbitration Fairness Act To Achieve Practical Reform, Morgan Stanley

Arbitration Law Review (2009 - Present)

No abstract provided.

America First? How To Take A Balanced Approach To Reforming The Isds Provision In Nafta, Robert J. Gross Jr.

Arbitration Law Review (2009 - Present)

No abstract provided.

The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels

Dickinson Law Review (2017-Present)

In January 2016, former President Obama announced the end of the “Wet-Foot, Dry-Foot” Policy, which granted special immigration benefits to Cuban migrants. As part of the agreement to end this policy, the Cuban government agreed to take back its citizens with final orders of removal for criminal convictions, an action that it had refused to take for decades. This Comment will begin by exploring past and present immigration policies between the United States and Cuba, including recent developments like the normalization of relations and the impact of President Trump’s immigration policies.

This Comment will then explore possible avenues of relief …

Stopping The Clock: Resolving The Circuit Split Over The Notice To Appear And The Stop-Time Rule Under The Immigration And Nationality Act, Maria Kennison

Dickinson Law Review (2017-Present)

The Immigration and Nationality Act (INA or “the Act”) is the primary governing body of law on immigration in the United States. The INA establishes the procedures for removing noncitizens from the country.

To initiate removal proceedings, the Department of Homeland Security (DHS) serves a Notice to Appear (NTA) on a noncitizen deemed to be removable. The INA specifies information to be contained in the NTA, including the hearing date and location. A form of relief from removal that noncitizens may apply for is cancellation of removal, which is contingent on factors such as continuous residence in the United States …

Keeping Up With Your Sister Court: Unpublished Memorandums, No-Citation Rules, And The Superior Court Of Pennsylvania, Logan Hetherington

Dickinson Law Review (2017-Present)

As Pennsylvania’s intermediate appellate court of general jurisdiction, the Pennsylvania Superior Court decides thousands of cases each year. The vast majority of those cases are disposed of via unpublished memorandums. These unpublished memorandums are designated as non-precedential and may not be cited by parties before the Superior Court. As a result, litigants and their counsel may not even persuasively cite an unpublished memorandum in briefs or other papers submitted to the Court. Thus, if counsel finds an unpublished memorandum deciding the identical issue of the case at hand and counsel is before the Superior Court judge who authored that opinion, …

But It’S Just A Little White Lie! An Analysis Of The Materiality Requirement Of 18 U.S.C. § 1425, Hanna E. Borsilli

Dickinson Law Review (2017-Present)

Once an individual becomes a naturalized citizen, the U.S. government can revoke citizenship only upon a discovery that the individual was not eligible to procure naturalization at the time of application. The process to revoke naturalization, referred to as denaturalization, may begin with a conviction under 18 U.S.C. § 1425, a criminal statute broadly prohibiting any attempt to procure naturalization “contrary to law.”

This “contrary to law” language created confusion regarding the required statutory elements of § 1425. Most courts to address this issue, including the Supreme Court in Maslenjak v. United States, held that § 1425 requires proof …

Antitrust And Inequality: The Problem Of Super-Firms, Shi-Ling Hsu

Scholarly Publications

Increasing concern about economic inequality has coincided with an unsettling ascendancy of some large, technologically integrated “super-firms,” which have grabbed large market shares in multiple markets, and cast doubt upon the future viability of a wide range of businesses, many of which have been important local and regional employers. It is thus unsurprising that these two trends have knocked together in public discourse, and that antitrust law been proposed as one way of helping to remedy economic inequality. This essay notes that antitrust law is generally a poor fit for reducing economic inequality, but one aspect is worthy of note: …

Incredible Lies, Catherine J. Ross

University of Colorado Law Review

No abstract provided.

Breathing Air With Heft: An Experiential Report On Environmental Law And Public Health In China, Erin Ryan

Scholarly Publications

This article explores the gritty intersections of daily life and environmental law in modern China, an industrial powerhouse still struggling to reconcile economic opportunity with breathable air, clean water, healthy food, and safe products. With comparative perspective on analogous challenges in the United States, the article reports on these critical domestic challenges for China at a pivotal moment in its reemergence as a dominant world power. China’s continued geopolitical rise may well hinge on its ability to respond successfully to the environmental causes of growing social unrest. In 2011, in the midst of this maelstrom, I brought my husband, young …

A Descriptive Analysis Of The Fourth Amendment And The Third-Party Doctrine In The Digital Age, Lawrence J. Trautman, Peter Ormerod

Faculty Publications

There are few areas of constitutional law that raise scholars’ ire and trouble jurists like the Fourth Amendment’s third-party doctrine. Making sense of the Court’s distinctions between content and metadata and between personal communications and business records was already difficult with physical documents and analog technologies. But the proliferation of digital technologies has rendered obsolete the factual predicates underpinning those distinctions, and courts have struggled mightily with adapting third-party rules forged over thirty years ago to new technologies.

At the same time, the Supreme Court has become more explicit in fashioning distinct Fourth Amendment rules for digital 74 ALB. L.J. …

Toward A Sociology Of Forensic Knowledge: A (Supplementary) Response To Cole, David S. Caudill

Faculty Publications

No abstract provided.