Multifactoral Free Speech,
2016
Loyola University Chicago School of Law
Multifactoral Free Speech, Alexander Tsesis
Northwestern University Law Review
This Article presents a multifactoral approach to free speech analysis. Difficult cases present a variety of challenges that require judges to weigh concerns for the protection of robust dialogue, especially about public issues, against concerns that sound in common law (such as reputation), statutory law (such as repose against harassment), and in constitutional law (such as copyright). Even when speech is implicated, the Court should aim to resolve other relevant individual and social issues arising from litigation. Focusing only on free speech categories is likely to discount substantial, and sometimes compelling, social concerns warranting reflection, analysis, and application. Examining the …
An Empirical Study Of Implicit Takings.,
2016
University of Michigan Law School
An Empirical Study Of Implicit Takings., James E. Krier, Stewart E. Sterk
Articles
Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law "on the ground" in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions ovcr the period 1979 through 2012, attempts to fill that void. This study establishes that the Supreme Court's categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action …
Neoclassical Administrative Common Law,
2016
Notre Dame Law School
Neoclassical Administrative Common Law, Jeffrey A. Pojanowski
Journal Articles
This essay reviews John Dickinson’s neglected classic, Administrative Justice and the Supremacy of Law in the United States. Writing on the cusp of the New Deal, Dickinson helped establish a mainstream, moderate stance about the shape and legitimacy of the administrative state. A closer reading of this work, which is rich in jurisprudential reflection and historical learning, offers a better idea about the structure, promise, and limits of the doctrinal world he helped create.
New Judicial Review In Old Europe,
2016
Yale University
New Judicial Review In Old Europe, Alyssa S. King
Georgia Journal of International & Comparative Law
No abstract provided.
The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code,
2016
Liberty University
The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause
Fidei et Veritatis: The Liberty University Journal of Graduate Research
For centuries, the Mosaic Code (“MC”) has been viewed as Israel’s prescriptive legislation, whereby Jewish leaders were to judge infractions by the “letter of the law.” This view is one which permeates both pulpit and pew alike, even in this modern era. However, recent developments in scholarship are challenging this understanding of MC, concluding instead that this “law code” was not utilized in Israelite jurisprudence, but rather as a covenant contract that worked not prescriptively in the lives of the Jews, but rather descriptively, in that it relayed the heart of YHWH to its reader. Accordingly, MC was to be …
Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States,
2016
Barry University School of Law
Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States, Thomas D. Lovett
Barry Law Review
No abstract provided.
The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida,
2016
Barry University School of Law
The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida, Ta’Lor Mcfarland
Barry Law Review
No abstract provided.
The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment,
2016
Barry University School of Law
The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment, Christopher L. Henry
Barry Law Review
No abstract provided.
From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy,
2016
Barry University School of Law
From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski
Barry Law Review
No abstract provided.
Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt,
2016
Barry University School of Law
Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt, David Angley
Barry Law Review
No abstract provided.
Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues,
2016
Barry University School of Law
Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh
Barry Law Review
No abstract provided.
Workers' Compensation Law & The Remedial Waiver,
2016
Barry University School of Law
Workers' Compensation Law & The Remedial Waiver, Mary Kati Haupt
Barry Law Review
No abstract provided.
Current Circuit Splits,
2016
Seton Hall University
First Impressions,
2016
Seton Hall University
Case Study On The Galapagos Islands: Balance For Biodiversity & Migration,
2016
Barry University School of Law
Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira
Environmental and Earth Law Journal (EELJ)
In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.
Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe,
2016
Barry University School of Law
Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb
Environmental and Earth Law Journal (EELJ)
Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European …
Too Many Humans, Dwindling Resources, And Not Enough Space,
2016
Barry University School of Law
Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez
Environmental and Earth Law Journal (EELJ)
This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb …
Equal Protection For Animals,
2016
New York University School of Law
Equal Protection For Animals, Pat Andriola
Environmental and Earth Law Journal (EELJ)
This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars,
2016
Loyola University Chicago School of Law
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn
Cardozo Law Review
After over fourteen years of continuous armed conflict, neither courts nor commentators are closer to a common understanding of how, or the extent to which, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates and defends the first normative theory regarding the general relationship of customary international law to the U.S. legal system that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary international law …
Teaching The Quandary Of Statistical Jurisprudence: A Review-Essay On Math On Trial By Schneps And Colmez,
2016
University of Georgia
Teaching The Quandary Of Statistical Jurisprudence: A Review-Essay On Math On Trial By Schneps And Colmez, Noah Giansiracusa
Journal of Humanistic Mathematics
This review-essay on the mother-and-daughter collaboration Math on Trial stems from my recent experience using this book as the basis for a college freshman seminar on the interactions between math and law. I discuss the strengths and weaknesses of this book as an accessible introduction to this enigmatic yet deeply important topic. For those considering teaching from this text (a highly recommended endeavor) I offer some curricular suggestions.
