Revolutionary Disobedience,
2017
Barry University School of Law
Revolutionary Disobedience, Philip K. Y. Lau
Barry Law Review
Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed …
Do Code Violations And Liens Run With The Land? Carving Out A Changing Landscape To Section 162.09(3), Florida Statutes, With Enactment Of Section 723.024, Florida Statutes, Mobile Home Park Lot Tenancies,
2017
Barry University School of Law
Do Code Violations And Liens Run With The Land? Carving Out A Changing Landscape To Section 162.09(3), Florida Statutes, With Enactment Of Section 723.024, Florida Statutes, Mobile Home Park Lot Tenancies, Harry M. Hipler
Barry Law Review
No abstract provided.
Rethinking Criminal Contempt,
2017
University of Michigan Law School
Rethinking Criminal Contempt, John A.E. Pottow, Jason S. Levin
Articles
It is of course too early to tell whether we are in a new era of bankruptcy judge (dis)respectability. Only time will tell. But this Article performs a specific case study, on one discrete area of bankruptcy court authority, based upon a particular assumption in that regard. The assumption is this: certain high-salience judicial events-here, the recent Supreme Court bankruptcy judge decisions, coupled with earlier constitutional precedents involving the limits of Article III-can trigger overreaction and hysteria. Lower courts may read these Supreme Court decisions as calling into question the permissibility of certain bankruptcy court practices under the Constitution, and …
Riparian Rights In A Polluted World: Property Right Or Tort?,
2017
Barry University School of Law
Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez
Barry Law Review
No abstract provided.
Interpreting The Constitution’S Elegant Specificities,
2017
Thomas Jefferson School of Law
Interpreting The Constitution’S Elegant Specificities, Steven Semeraro
Buffalo Law Review
No abstract provided.
The Highest Court: A Dialogue Between Justice Louis Brandeis And Justice Antonin Scalia On Stare Decisis,
2017
United States District Court, Eastern District of Virginia, Richmond, Virginia
The Highest Court: A Dialogue Between Justice Louis Brandeis And Justice Antonin Scalia On Stare Decisis, P. Thomas Distanislao Iii
University of Richmond Law Review
No abstract provided.
Toward A Science Of Torture?,
2017
Georgetown University Law Center
Toward A Science Of Torture?, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
Does torture “work?” Proponents, including President Trump and the architects of CIA “Enhanced Interrogation” say it does, by breaking terrorists' resistance to revealing information that saves lives. Torture's foes typically dismiss this claim as false to the point of fraud--fortuitous coincidence with torture's unlawfulness. Neither view, I argue herein, rests firmly on evidence. Rival anecdotes, not data, have, so far, driven this debate. And a scientific answer is beyond our reach, since: (1) rigorous comparison between interrogation methods that do and don't involve torture isn't possible, and (2) studies of this sort would be transparently unethical. This hasn't stopped the …
Disentangling Miranda And Massiah: How To Revive The Sixth Amendment Right To Counsel As A Tool For Regulating Confession Law,
2017
University of Michigan Law School
Disentangling Miranda And Massiah: How To Revive The Sixth Amendment Right To Counsel As A Tool For Regulating Confession Law, Eve Brensike Primus
Articles
Fifty years after Miranda v. Arizona, many have lamented the ways in which the Burger, Rehnquist, and Roberts Courts have cut back on Miranda's protections. One underappreciated a spect of Miranda's demise is the way it has affected the development of the pretrial Sixth Amendment right to counsel guaranteed by Massiah v. United States. Much of the case law diluting suspects' Fifth Amendment Miranda rights has bled over into the Sixth Amendment right to counsel cases without consideration of whether the animating purposes of the Massiah pretrial right to counsel would support such an importation. This development is unfortunate …
Semantic Vagueness And Extrajudicial Constitutional Decisionmaking,
2017
University at Buffalo School of Law
Semantic Vagueness And Extrajudicial Constitutional Decisionmaking, Anthony O'Rourke
Journal Articles
No abstract provided.
Reciprocal Legitimation In The Federal Courts System,
2017
Texas A&M University School of Law
Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel
Faculty Scholarship
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …
Grasping Fatherhood In Abortion And Adoption,
2017
Texas A&M University School of Law
Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore
Faculty Scholarship
Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy--it is easy …
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account,
2017
Brooklyn Law School
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh
Brooklyn Journal of International Law
Failures of international cooperation with regard to protecting the environment, regulating cross-border competition, and preventing terrorism have sometimes lead states to enact unilateral measures with extraterritorial effect. A common trend among international legal scholars defending these measures is to employ the concept of ‘global public goods,’ understood as desirable, utility-advancing things that tend, for various reasons, to be undersupplied by states acting separately. On this view, unilateral measures are justified on grounds that they address ‘harms’ to ‘interests’ that cannot be contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy …
A Jurisprudence Of Planning: Notes On The Outline Of Law Required To Support And Control Planners,
2017
St. John's University School of Law
A Jurisprudence Of Planning: Notes On The Outline Of Law Required To Support And Control Planners, Richard O. Brooks
The Catholic Lawyer
No abstract provided.
The Jurisprudence Of Conscription: Social Contract, Moral Obligation, And Proposals,
2017
St. John's University School of Law
The Jurisprudence Of Conscription: Social Contract, Moral Obligation, And Proposals, James M. Thunder
The Catholic Lawyer
No abstract provided.
Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change,
2017
Barry University School of Law
Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi
Barry Law Review
No abstract provided.
Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance,
2017
Barry University School of Law
Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic
Barry Law Review
No abstract provided.
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants,
2017
Barry University School of Law
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph
Barry Law Review
No abstract provided.
The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights,
2017
wesleyan university
The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights, John E. Finn
Concordia Law Review
This Article considers the civic constitutionalist nature of the Preamble to the Bill of Rights. Civic constitutionalism is a mode of reading constitutional texts that considers power in political, as opposed to legal, terms. Thus, the civic constitution gives citizens, not judges, the primary duty for ensuring a constitutionally compliant society. This Article also presents the underlying reasons, effects, and costs of the obscurity of the civic constitution and, more specifically, the Preamble to the Bill of Rights.
Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees,
2017
Barry University School of Law
Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon
Barry Law Review
No abstract provided.
Pepperdine University School Of Law Legal Summaries,
2017
Pepperdine University
Pepperdine University School Of Law Legal Summaries, Jee (Jane) Seo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
