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Articles 1 - 24 of 24
Full-Text Articles in Public Law and Legal Theory
Copyright, Editorial Team
Copyright, Editorial Team
Florida Atlantic University Undergraduate Law Journal
No abstract provided.
About The Journal, Editorial Team
About The Journal, Editorial Team
Florida Atlantic University Undergraduate Law Journal
No abstract provided.
Table Of Contents, Editorial Team
Table Of Contents, Editorial Team
Florida Atlantic University Undergraduate Law Journal
No abstract provided.
The History And Modern-Day Reality Of Racial Discrimination In Jury Selection, Marie Andelique Aviles
The History And Modern-Day Reality Of Racial Discrimination In Jury Selection, Marie Andelique Aviles
Florida Atlantic University Undergraduate Law Journal
The role that a prosecutor and attorneys have in the courtroom is vital in shaping the composition of a jury in any court case. Prosecutors and attorneys employ strategies during the Voir Dire process to maximize their chances of securing favorable outcomes. Upon examining how juries are selected, jury pools can be studied from historical and modernday cases that show trends of racial discrimination. The methods and decision-making process to select a jury can involve racial biases that ultimately affect the outcome of the court decision. Through case studies and legal documentation, this article will explore how implicit racial bias …
Trump V. United States In Historical Perspective: The Expansion Of Presidential Immunity, Kris Barrios
Trump V. United States In Historical Perspective: The Expansion Of Presidential Immunity, Kris Barrios
Florida Atlantic University Undergraduate Law Journal
On July 1st of 2024, the U.S. Supreme Court ruled that the president of the United States is entitled to varying degrees of immunity for his official acts. This decision sent criminal lawsuits filed against President Donald Trump back to lower courts, nullifying many of the arguments and evidence used against the president for his interference in the 2020 election. The U.S. Supreme Court held that absolute immunity protects the president’s exercise of “core constitutional powers,” while presumptive immunity protects all other official acts within the “outer periphery” of his executive office. Most notably, the U.S. Supreme Court ruled that …
Brazil And The United States: The Historical Evolution Of Civil Vs. Common Law Systems, Gabriella Figueiredo Borges
Brazil And The United States: The Historical Evolution Of Civil Vs. Common Law Systems, Gabriella Figueiredo Borges
Florida Atlantic University Undergraduate Law Journal
The legal systems of Brazil and the United States have developed from unique historical and cultural backgrounds. Brazil’s legal framework is rooted in civil law principles brought by its Portuguese colonizers, focusing on codification and legal certainty. In comparison, the U.S. system emerged from English common law, prioritizing precedent and judicial interpretation. This paper explores how colonial influences, independence movements, and constitutional reforms specifically shaped the civil and common law frameworks in both countries. By drawing on primary legal texts, historical records, and scholarly analyses, this research examines how these events influenced the evolution of each system. Additionally, this paper …
Vaccination Mandates And Civil Liberties, Sophia Choti
Vaccination Mandates And Civil Liberties, Sophia Choti
Florida Atlantic University Undergraduate Law Journal
Vaccination mandates in the United States sit at the crossroads of public health and individual freedoms, a complex and often controversial intersection. The enforcement of immunization policies has a long history of legal and ethical scrutiny, balancing the state's responsibility to protect its citizens with the constitutional rights individuals hold dear. The COVID-19 pandemic reignited this debate, amplifying existing tensions and presenting new challenges. This analysis argues that while vaccination mandates are constitutionally valid and essential for safeguarding public health, they must be designed with care to respect individual liberties and address modern challenges such as misinformation, inequities, and public …
Systemic Barriers To Voting Rights For Minorities: Gerrymandering And Voter Id Laws, Kalela Leonard
Systemic Barriers To Voting Rights For Minorities: Gerrymandering And Voter Id Laws, Kalela Leonard
Florida Atlantic University Undergraduate Law Journal
Since 1870, the struggle for voting accessibility has been an ongoing challenge for marginalized communities in the United States. Despite the Voting Rights Act of 1965, systemic barriers limit minority participation in elections and influence their political representation. Modern systemic barriers refer to institutional practices and policies that hinder equal access to resources, rights, and opportunities. These barriers typically disproportionately impact minority groups. Furthermore, recent U.S. Supreme Court decisions and legislative policies have led to an examination of how modern obstacles—such as gerrymandering and voter identification laws—lead to discriminatory burdens on marginalized groups. These practices differ from tactics such as …
Examining The Legal And Educational Implications Of School Resource Officers In Education, Tanvi Desai
Examining The Legal And Educational Implications Of School Resource Officers In Education, Tanvi Desai
Florida Atlantic University Undergraduate Law Journal
Predominantly serving the youth in schools, some states across the United States have implemented full-time sworn law enforcement officers, known as School Resource Officers (SROs), who are specially and specifically trained to promote safety within schools. Succeeding an increase in concern surrounding the juvenile justice system and juvenile crime, funding for school-based law enforcement programs has increased in conjunction, allowing for over 45% of public schools in the country to have implemented SROs within their walls. However, concerns surrounding the excessive use of force surrounding SROs have instigated debates regarding the necessity of a police presence on campus, as instances …
Beyond The White Coat: The Fight For Equal Healthcare By Minorities, Morgan Robinson
Beyond The White Coat: The Fight For Equal Healthcare By Minorities, Morgan Robinson
Florida Atlantic University Undergraduate Law Journal
Systematic oppression through medical discrimination has left a high rate of death in the minority community, with Black women having 2.6 times the rate of maternal mortality than White women. Medical professionals ignore minorities at a higher rate than White people. People of Color have been used as testers for medical professionals and reap the generational trauma of it, such as subjects of the Tuskegee Syphilis experiment passing it to their children. Even more, doctors today are taught that Black people have a “higher pain tolerance than other races,” so their symptoms are often dismissed. Legal solutions must be implemented …
Tripping Over "Trips"; International Inequities In Critical Phamaceutical Access, Michael Gomez
Tripping Over "Trips"; International Inequities In Critical Phamaceutical Access, Michael Gomez
Florida Atlantic University Undergraduate Law Journal
Directed by the World Trade Organization (WTO), the Agreement on Trade-Related Aspects of Intellectual Property Right (TRIPS) of 1995 is the most comprehensive international policy on the creation, protection, definition, and transfer of International Property Rights (IPR). This policy was particularly damaging for underdeveloped countries when it came to the trade and importation of name-brand drugs, as TRIPS inherently expedited the unethical process of evergreening drug patents. As a result, the agreement forced many vulnerable regions— such as the Southern African Development Community (SADC)— to become dangerously dependent on foreign generic drug imports, predominantly from India. This paper analyzes the …
Serial Killer Terminology And Its Effect On Criminal Trials, Alice Gnesin
Serial Killer Terminology And Its Effect On Criminal Trials, Alice Gnesin
Florida Atlantic University Undergraduate Law Journal
The terminology used during court proceedings plays a pivotal role in shaping the legal outcomes and sentencing for serial killers. This study examines how specific language, mainly terms such as "serial killer," impacts sentencing severity. By analyzing cases involving serial killers and the terminology used, there is a proven correlation between terminology and sentencing. For example, Ted Bundy (30 confirmed murders) and Jeffrey Dahmer (17 confirmed murders) were both investigated by Robert Ressler—who pioneered FBI profiling and coined the term "serial killer." The term was extensively used within their trials, impacting their sentencing. This can be compared to John Wayne …
Reexamining The Second Amendment: The Impact Of Police Militarization On Civilian Gun Ownership, Merin Ajith
Reexamining The Second Amendment: The Impact Of Police Militarization On Civilian Gun Ownership, Merin Ajith
Florida Atlantic University Undergraduate Law Journal
The increasing militarization of police forces in the United States contains profound implications on citizens’ Second Amendment rights, specifically concerning the ownership of weapons capable of mass violence. The original intent of the Second Amendment was not only to guarantee self-defense but also to safeguard citizens’ ability to resist a potentially tyrannical government. As police forces acquire military grade weaponry, some argue that civilians should have access to similar arms to maintain the balance of power between the state and its citizens, as outlined by the purpose of the Second Amendment. The historic use of violent police force to suppress …
About The Journal, Asna Nayani, Editorial Team
About The Journal, Asna Nayani, Editorial Team
Florida Atlantic University Undergraduate Law Journal
The Florida Atlantic University Undergraduate Law Journal (ULJ) is a student led research organization dedicated to promoting the discussion of contemporary legal topics as well as providing a forum for students who have an interest in the law. Our students engage in a collaborative editorial process designed to encourage and refine ideas and writing skills. FAU undergraduate students are invited to participate by submitting articles related to legal issues and to facilitate publication by managing the editorial and business processes.
Crisis In The Classroom: The Rise Of Book Bans Threatening American Youth, Kris Barrios
Crisis In The Classroom: The Rise Of Book Bans Threatening American Youth, Kris Barrios
Florida Atlantic University Undergraduate Law Journal
Inspired by the experiences of his father as a Polish Jew during the reign of Adolf Hitler, author Art Spiegelman wrote Maus to memorialize the lives of Holocaust survivors. However, multiple state governments have attempted to limit American youth’s access to Maus and other classic literature by pulling books from classroom shelves.1 According to PEN America, over 5,000 books have been banned in the United States in the last two years, with more than half of these bans targeting young adult literature.2 The most commonly objected themes in these books were depictions of violence, the discussion of racism, and the …
The Balancing Act: Human Rights And The Dynamics Of Border Control Policies, Allyson Monreal
The Balancing Act: Human Rights And The Dynamics Of Border Control Policies, Allyson Monreal
Florida Atlantic University Undergraduate Law Journal
The crisis in immigration and border control presents a significant challenge to the field of human rights law, urging a thorough exploration of the overlap between migration policies and essential human rights.
Stand Your Ground But For Who? The Criminalization Of Black Women In Self-Defense Laws, Kayla Mae Blount
Stand Your Ground But For Who? The Criminalization Of Black Women In Self-Defense Laws, Kayla Mae Blount
Florida Atlantic University Undergraduate Law Journal
"Stand Your Ground" is an American statute based on the legal notion of "castle doctrine."14 Stand Your Ground is the protection of the responsibility to not retreat and stand your ground, granting any citizen the right to use lethal force without fleeing from a "reasonable" threat. However, the implementation of these laws has been marred by racial bias and systemic discrimination, resulting in unequal outcomes for Black people, particularly women, who find themselves in situations when self-defense is required. In evaluating multiple cases of black woman failing to successfully claim self-defense under Stand Your Ground laws, we seek to understand …
Minority Access To Education And Affirmative Action, Morgan Robinson
Minority Access To Education And Affirmative Action, Morgan Robinson
Florida Atlantic University Undergraduate Law Journal
Education opens doors to those who can participate in it. For example, pay ceilings based on degrees of education, voting, rights in the US, and many more liberties are a part of the “American Dream .”Minorities have been denied the right to education for hundreds of years, limiting their influence within government, ability to make a living, or freedom from oppression, all rights that white Americans can participate in without having to worry about race. Enslaved people were told they could not learn how to read for fear they would realize they were no different from the people who oppressed …
Res Communis And The Space Race: A Lesson (Yet To Be) Learned, Nurah Ghanie
Res Communis And The Space Race: A Lesson (Yet To Be) Learned, Nurah Ghanie
Florida Atlantic University Undergraduate Law Journal
There has been a shift towards privatization and nationalism regarding the exploration of outer space despite these actions being in direct opposition to international space law. This article will explain and argue against these recent developments, using the current dilemma regarding the future of the space stations located in low Earth orbit (LEO) and the potential for a manned bases on the Moon. This article will focus on the legal framework of both international customary law as well as multilateral treaties, including but not limited to the Outer Space Treaty of 1967 in comparison to national policy by explaining the …
Table Of Contents, Editorial Team
Table Of Contents, Editorial Team
Florida Atlantic University Undergraduate Law Journal
No abstract provided.
A Brief History Of Voter Disenfranchisement Laws In The U.S., Christian Robinson
A Brief History Of Voter Disenfranchisement Laws In The U.S., Christian Robinson
Florida Atlantic University Undergraduate Law Journal
Following false claims of voter fraud during the 2020 presidential election, several conservative states sought to pass laws designed to limit voter fraud. However, these laws quite clearly restrict the electorate and disproportionally affect the political participation of minority, lower-class, and female voters. The trend of restricting voting rights in the U.S., whether implicitly or explicitly, is not new. Despite claiming to prioritize democratic participation, the U.S. has a history of laws that have limited eligible voters based on race, class, and gender. This is apparent through a close analysis of U.S. voting laws beginning with eligibility as determined by …
Defamation Law: A Comparison Of The Law Of Defamation In The Republic Of Ireland And In The United States Of America, Essie Toyo Wuddah
Defamation Law: A Comparison Of The Law Of Defamation In The Republic Of Ireland And In The United States Of America, Essie Toyo Wuddah
Florida Atlantic University Undergraduate Law Journal
The Depp v. Heard case in early 2022 took the global media by storm with the revelation of shocking facts and the endeavour to mend a man’s broken reputation. In this case, the defendant, Heard, accused Depp, her ex-husband of domestic abuse and many believed these accusations which in turn, sullied Depp’s reputation and negatively impacted his career. Depp maintained that the accusations were untrue and brought forth a defamation suit against Heard. This case undeniably sparked public interest in the law of defamation and its application across the world. The following article will delve into the topic of defamation …
Contributing Author Biographies, Editorial Team
Contributing Author Biographies, Editorial Team
Florida Atlantic University Undergraduate Law Journal
No abstract provided.
Reimagining Justice Without Execution: Should The Death Penalty Be Abolished?, Tanvi Desai
Reimagining Justice Without Execution: Should The Death Penalty Be Abolished?, Tanvi Desai
Florida Atlantic University Undergraduate Law Journal
Surrounded by controversy, the debate regarding the preservation, or lack thereof, of the death penalty in the United States has sparked intense discourse. It has remained the subject of profound controversy since its beginning during colonial times. Stemming from issues surrounding the ethicality of the capital punishment and the irreversible essence of it, many Americans have begun reevaluating the cruel punishment at hand and favoring the abolishment of the death penalty. As human life becomes increasingly vital in this generation, this paper will argue against the preservation of the death penalty for a multitude of reasons. These compelling reasons include …