Law Commons^™

Criminal Law, Thomas D. Church, Whitney Baker

Mercer Law Review

This Article provides a comprehensive review of the United States Court of Appeals for the Eleventh Circuit’s most noteworthy criminal law opinions from 2023, with a focus on the key holdings from each decision. Section II of this Article addresses substantive criminal offenses, such as drug offenses, economic crimes, and firearm offenses, while Section III covers criminal procedure, the rules of evidence, and constitutional issues arising in criminal prosecutions. Section IV deals with the U.S. Sentencing Guidelines and other sentencing issues and provides a limited review of the Eleventh Circuit’s decisions in post-conviction proceedings, including those involving the First Step …

Trial Practice And Procedure, John O'Shea Sullivan, Leesa M. Guarnotta

Mercer Law Review

The 2023 Survey period yielded important trial practice decisions in the United States Court of Appeals for the Eleventh Circuit ranging from overruling long‑standing precedent relating to arbitration and issuing opinions of first impression relating to attempts to limit arbitration, attempts to limit copyright infringement remedies, what makes a statutory provision “jurisdictional,” and contracting around statutory interest rates. This Article analyzes some of this Survey period’s notable and first impression opinions in the Eleventh Circuit but is not intended to be an exhaustive discussion of the Eleventh Circuit’s important decisions during the Survey period.

I’Ll Huff, And I’Ll Puff, And I’Ll Blow Your Parol Evidence Down: The Eleventh Circuit Explains Why The Plain Text Of An Insurance Policy Wins In The Face Of Contractual Ambiguity, Chloe E. Bonds

Mercer Law Review

Imagine that a small business in sunny, central Florida is evaluating its insurance policy. The business notices that the policy includes seemingly unnecessary coverage for losses caused by landslides. Before the end of the current year, the business contacts its insurance agency and successfully negotiates to remove the existing landslide coverage from next year’s policy. Following the negotiations, the agent issues an updated insurance binder reflecting the change. Although the insurance agency is aware that the business no longer wants landslide coverage, the principal policy issued after negotiations conspicuously does not include any language regarding the coverage or exclusion of …

Brave New Agency: The Ftc’S Expanded Powers In The Eleventh Circuit, Griffin D. Green

Mercer Law Review

In Aldous Huxley’s seminal novel “Brave New World,” a futuristic society grapples with the consequences of technological advancements and the ethical dilemmas they pose. The Federal Trade Commission (FTC) finds itself in a “Brave New World” of its own, particularly in the Eleventh Circuit. The case FTC v. Simple Health Plans, LLC is a potential watershed moment, redefining the scope and authority of the FTC to impose equitable damages. It serves as a pivotal juncture, not just for the agency, but also for consumer protection laws, monopolistic businesses, and what remedies courts may provide. The decision potentially leads to harsher …

I Hope This Email Finds You Well: The Eleventh Circuit Addresses The Standard Of Review For Incarcerated Persons’ Outgoing Emails, Olivia Greenblatt

Mercer Law Review

An unfortunate and inevitable aspect of incarceration is separation from the outside world. The various constraints on communication exemplify one of the many ways through which incarceration creates this divide. Maintaining the connections that incarcerated people have with their loved ones and communities is essential for fostering a vital support system, facilitating the exchange of information, aiding in successful reintegration, and reducing recidivism upon release. Unfortunately, instead of encouraging and safeguarding this communication, prisons often curtail it through restrictive methods: visitation is limited, phone calls are costly, physical mail involves a time-consuming and intrusive process, and now, email is being …

Whither The Regulator: Food And Drug Law, The Natural Health Product Regulations And The Erosion Of Safety, Efficacy And Quality, Michael Taylor

PhD Dissertations

The following thesis considers whether the regime established by the Natural Health Product Regulations (NHPR) is a suboptimal framework. It explores the effects that the creation and implementation of the NHPR have had on the safety, efficacy, and quality (SEQ) standard used in Canadian food and drug law. The original regulations, largely brought in to support the licensing of traditional medicines, herbs, vitamins, and other naturally occurring substances, have with time come to be dominated by non-traditional products making poorly demonstrated health claims. Over time, the Natural Health Products Directorate (NHPD) came to focus on access and speed of approval …

A Sustainable Seabed Mining Asset Valuation Code Framework, Keith Macmaster

PhD Dissertations

Seabed mining is governed by the United Nations Convention on the Law of the Sea, the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, the Mining Code, domestic laws of member states, and international law. The central tenets of seabed mining law are to develop the industry in accordance with the Common Heritage of Mankind, provide equitable sharing of financial and economic benefits derived from seabed mining activities, and protect and preserve the marine environment. Moreover, seabed mining must be developed and operated to not …

A Botched Procedure For Removing A High Court Judge: A Critique Of Joshua Ndipyola Banda V Attorney General 2022/Ccz/0010, O'Brien Kaaba

SAIPAR Case Review

The judiciary performs a key role in implementing the constitution and safeguarding constitutional order. Democracy cannot thrive when the judiciary is pliant. An independent judiciary is fundamental to constitutional democracy. Not only should judges be appointed in a transparent and credible manner, but their removal should insulate the judiciary from potential reprisals. Certainly, incompetent, and professionally unfit judges should have no place in the judiciary and judges who grossly misconduct themselves should be held accountable and in extreme cases, must be removed from office. However, how judges are removed has an impact on the autonomy of the judiciary. If the …

Sangwa V Attorney General And Law Association Of Zambia (2021 /Ccz/0012) [2023] Zmcc 6 (31 July 2023), Hope Sthembile Homela, Robert Farbman, J. P. Swenson

SAIPAR Case Review

This case underscores the critical need for the judiciary to assert its financial independence, ensuring that its budget and resources are not subject to undue influence or control by the executive. In this landmark ruling, the Constitutional Court missed an important opportunity to set a stronger precedent for the autonomy of the judiciary by not fully addressing the constitutional violations at hand relating to the financial independence of the judiciary. The Court’s decision, while acknowledging the issue of financial independence, failed to provide a decisive remedy to protect the judiciary from the continuing risk of executive interference. Recognizing the necessity …

Julius Sibanda V Flat Mooyo (2019/Hp/A026) [2024] (30 April 2024), Mwami Kabwabwa

SAIPAR Case Review

This case calls upon the judiciary to move beyond a rigid application of customary law and thoughtfully consider the gender implications in matters of child custody and marital dissolution. In this pivotal judgment, the High Court had an opportunity to address the application of Ndebele customary law, particularly the custom that grants fathers sole custody of children after lobola is paid. However, the court missed a crucial chance to engage deeply with the evolving nature of customary law, which should be interpreted in a manner that upholds gender equality and constitutional rights.

The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia

Indonesia Law Review

The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …

Enforcement Of International Investment Arbitration Awards: Comparative Lessons From Indonesia And China, Luo Yuan Yuan, Abdul Gani Abdullah Prof., Gatot Sumartono

Indonesia Law Review

The current world has various methods to resolute the investment dispute, while the main reason which should be largely taken into account when people choose the way to resolve the dispute is whether the recognition and enforcement of the resolution is effective or not.

As the most popular resolution chosen for investment dispute, the international arbitration is playing the most crucial role on the current stage. The article focuses on the comparative study on the recognition and enforcement of International Investment Arbitration Award between Indonesia and China. The research addresses two questions namely: (1) how to make the dispute settlement …

Letter Of Credit Related Trade Disputes - Court Decisions Legal Certainty In Indonesia, Rori Achir, Mella Ismellina Farma Rahayu, Ahmad Sudiro

Indonesia Law Review

This study examines the legal certainty surrounding commercial letters of credit (L/C) within the context of Indonesian judicial practice, focusing on how courts conduct hearings and render decisions in L/C-related trade disputes. The term “L/C” in this research encompasses both international L/C and the domestic equivalent, Surat Kredit Berdokumen Dalam Negeri (SKBDN). The analysis explores whether Indonesian courts have undertaken comprehensive judicial examinations across five key dimensions: (1) the determination of whether a breach of contract or a tort occurred; (2) the characterization of contractual relationships among the disputing parties; (3) the application of the L/C independence principle; (4) the …

2024 School Of Law Commencement Information And Photographs, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Law Library Blog (May 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

A Dive Into Ri's Waste Disposal Practices, Kyle Zalabowski

Senior Honors Projects

Preserving natural resources and caring for the environment are significant in many communities today. As environmental conditions become more concerning, effective waste management practices become more critical. This project delves deep into Rhode Island's waste system, focusing on the state's only waste public management facility, the Central Landfill in Johnston. The research goal is to learn about existing practices, understand why other available options for remediation and recycling are not utilized, and determine the local impediments to greater sustainability. Reviewing the Rhode Island General Laws and the Department of Environmental Management's regulations provided an understanding of the legal framework for …

The Effects Of High And Low Corporate Income Tax: Comparing And Contrasting, Catherine Petit

University Honors College

As the first federal tax was created in 1861 leading to the corporate tax rate being put in place, it is important to understand where the corporate income tax comes from and how it is used within corporations is a common matter that Americans may have now analyzed closely. From how the government spends the additional revenue after the corporate income tax is paid to how large corporations prepare for the upcoming financial period. This is a topic that is used in one's everyday life. This paper will analyze what the government does with the extra revenue when the corporate …

Anti-Lgbt Legislation In Florida: A Prime Example Of States Mentally Harming Lgbt Youth, Kyla Tinsley

Northern Illinois University Law Review

While there has been a growing societal acceptance of LGBT individuals throughout the decades, anti-LGBT bills and laws within the states are on the rise—in particular, bills against LGBT youth. The most famous anti-LGBT law currently in place is Florida’s “Parental Rights in Education” law. The prevalence and inconsistent application of such legislation raises constitutional questions surrounding the rights of LGBT youth, as well as the negative effects the legislation has had on LGBT youth’s mental health and their perception of the legal system they are supposed to trust in and rely on. This Article discusses the impact state anti-LGBT …

Sound Marks, Deborah R. Gerhardt, Jon J. Lee

Minnesota Law Review Vols. 106:2 onward (2021-present)

A lion roars just before a film rolls. A doughboy giggles. A giant green man laughs a hearty, “Ho, Ho, Ho.” These iconic sounds are all federally registered as trademarks. They identify specific brands and distinguish their products and services from the competition. Human brains treat sounds like these as categorization tools and cognitive shortcuts--ideal trademark symbols. But what about the sounds your favorite toys or electronic devices make? Or those made by a fictional character in the latest blockbuster? This Article tackles these issues and others. We push back against the widely-held belief that all unconventional trademarks--product designs, colors, …

States’ Obligation To Provide For Trans Youth: How Medicaid Requires (Most) States To Provide Access To Puberty Blockers, Grace Worcester

Minnesota Law Review Vols. 106:2 onward (2021-present)

Over the last few years, many states have endeavored to strip minor access to gender-affirming healthcare, and these efforts have seen considerable success. By the end of 2023, twenty-two states had enacted legislation that limits youth access to genderaffirming healthcare. In line with these efforts, many states have created policies that exclude Medicaid coverage for gender-affirming puberty blockers--medications that delay the physical changes to one's body that occur with sexual maturity. These efforts contravene guidance from the medical community, which pronounces the importance of access to gender-affirming puberty blockers for transgender and gender-diverse youth, and often considers them medically necessary …

Police-Made Law, Brenner M. Fissell

Minnesota Law Review Vols. 106:2 onward (2021-present)

This Article presents evidence that police are writing laws that they enforce. This newly discovered phenomenon compounds the existing understanding of police “making” law through the exercise of discretion. They make law in a far more direct way, functioning as quasi-legislators at the local level-- identifying a social problem, drafting an offense to address it, and directly proposing their offense for enactment. The conduct targeted, and the reasons for doing so, are diverse. For example, in one city a police chief successfully criminalized public intoxication so that intoxicated people would go to jails instead of hospitals; in another, a chief …

The Mississippi River Basin Compact: A New Governance Structure To Save The Mississippi River, John Stack

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Mississippi River is one of the most significant and yet one of the most imperiled water bodies in the United States. It faces a myriad of problems, from rampant pollution, widespread flooding, wildlife habitat loss, and considerable droughts. Indeed, this is a critical time for the Mississippi River. Fall of 2023 saw River levels drop to extreme lows, with commercial barges grounded and cities deploying emergency measures to protect their municipal water intakes from saltwater intrusion. Meanwhile, polluted Mississippi River water created a dead zone in the Gulf of Mexico spanning hundreds of square miles, just as it has …

De-Escalating The United States-China Trade War Using A Global Conflict Resolution Methodology Framework, Angelina Kapp

Undergraduate Honors Theses

How can the United States and China collaboratively de-escalate their current trade relationship using a conflict resolution methodology to foster economic growth and foreign investor confidence in the evolving landscape of global trade? This paper will serve as a guide to those wanting to gain a comprehensive understanding of the macroeconomic causes and impacts of the contentious trade war between the U.S. and China. The year 2018 can be attributed to the start of the war when then-President Donald Trump implemented tariffs on Chinese goods and products. These back-and-forth financial and economic measures have been continually imposed to this day …

Building Capacity And Agency In Emergency Shelters In Paterson, Nj, Fanny Lauby

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper outlines a consistent issue with Paterson City’s communication across departments, resulting in a lack of accessible data at multiple levels and a reduced knowledge among social workers and program coordinators. These citywide issues have contributed to a culture of confusion. The city of Paterson is improperly pursuing the Department of Housing and Urban Development (HUD)’s “Housing First” approach, resulting in a relative lack of housing programs - constituting a matter of long-term concern for the city.

Addressing Youth Cannabis Poisonings In Paterson, Nj, Fanny Lauby

Department of Political Science and Law Faculty Scholarship and Creative Works

This report has found that various local stores within the city of Paterson have been packaging and displaying cannabis items in a similar fashion to candies popular with children, thus leading to instances of children purchasing these items and consuming them. This highlights issues surrounding enforcement of various New Jersey statutes regulating the distribution of cannabis items to those under the age of 21. This negligence at the hands of store owners has helped contribute to the increase of cannabis poisonings due to being so easily accessible by children. The increased normalization of cannabis uses with its legalization and the …

Protecting Protected Characteristics: Statutory Solutions For Employment Discrimination Post-Bostock, Chase Mays

Vanderbilt Law Review

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Significantly, these protected characteristics are undefined, and judicial interpretations of race, sex, and national origin have allowed employers to lawfully discriminate against proxies for these protected characteristics. This Note examines the use of race-based hairstyles, gendered-appearance standards, and citizenship as proxies for race, sex, and national origin, respectively, and how the availability of such proxies inhibits Title VII’s goal of creating equal employment opportunities. The Supreme Court’s dicta in Bostock v. Clayton County offer potential redress to …

Introduction To Volume Ii [Of The Canadian Law Of Obligations Iii Conference]: The Power And Limits Of Private Law, Marcus Moore, Samuel Beswick

All Faculty Publications

This second volume of papers addressing The Power and Limits of Private Law is based on the third Canadian Law of Obligations conference (“CLO III”) held on June 23-24, 2022, at the University of British Columbia in Vancouver.

Choosing Sides: On The Manipulation Of Civil Litigation, Yotam Kaplan, Ittai Paldor

Vanderbilt Law Review

Our litigation system is broken. Scholars have long warned that professional litigants, such as debt-collecting firms, insurance companies, and commercial landlords, enjoy immense and unfair advantages over private individuals. What has gone unnoticed is professional litigants’ ability to manipulate their litigatory position—that is, to choose whether they will litigate as plaintiffs or defendants. Extant literature assumes that the parties’ litigatory positions are determined by the substance of the dispute: the party seeking a remedy is the plaintiff, and the party objecting to the award of a remedy is the defendant. We show that, in reality, professional litigants have both the …

Anti-Transgender Constitutional Law, Katie Eyer

Vanderbilt Law Review

Over the course of the last three decades, gender identity anti-discrimination protections and other transgender-supportive government policies have increased, as government entities have sought to protect and support the transgender community. But constitutional litigation by opponents of transgender equality has also proliferated, seeking to limit or eliminate such trans-protective measures. Such litigation has attacked as unconstitutional everything from laws prohibiting anti-transgender employment discrimination to the efforts of individual public school teachers to support transgender teens.

This Article provides the first systematic account of the phenomenon of anti-transgender constitutional litigation. As described herein, such litigation is surprisingly novel: while trans-protective measures …

The Consequences Of Homophobia: Analysis Of Discriminatory Medical And Legislative Policies And Their Influence On Health Disparities, Kaiden J. Fandel

Honors Thesis

Are there specific roots that influence the introduction and incorporation of discriminatory medical policies? What are the sources of such stigma, discrimination, and prejudice, in what forms does such discrimination take place, and what negative impacts does such hatred have on health outcomes, quality of care, and health disparities? Through a review of existing literature on this topic, intertwining the examination of the evolution of discriminatory policies and other explanatory literature in the United States, this thesis aims to answer the questions above, and explain the roots of such homophobic discrimination and its prevalence in the United States. Through the …