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9,347 full-text articles. Page 156 of 221.

Unlawful/Criminal Activity: The Ill-Defined And Inadequate Provision For A "Stand Your Ground" Defense, R. Christopher Campbell 2015 Barry University School of Law

Unlawful/Criminal Activity: The Ill-Defined And Inadequate Provision For A "Stand Your Ground" Defense, R. Christopher Campbell

Barry Law Review

No abstract provided.


Laizure V. Avante At Leesburg: A Wrong Turn On The Road To Vindicating Nursing Home Residents' Rights, Joseph S. Miller 2015 Barry University School of Law

Laizure V. Avante At Leesburg: A Wrong Turn On The Road To Vindicating Nursing Home Residents' Rights, Joseph S. Miller

Barry Law Review

No abstract provided.


Immune Disorder: Uncertainty Regarding The Application Of "Stand Your Ground" Laws, Benjamin M. Boylston 2015 Barry University School of Law

Immune Disorder: Uncertainty Regarding The Application Of "Stand Your Ground" Laws, Benjamin M. Boylston

Barry Law Review

No abstract provided.


Sorting Out The Shootout: Florida Courts Untangle The "Stand Your Ground Law", Lawrence J. Semento 2015 Barry University School of Law

Sorting Out The Shootout: Florida Courts Untangle The "Stand Your Ground Law", Lawrence J. Semento

Barry Law Review

No abstract provided.


Know The Ground You're Standing On: Analyzing Stand Your Ground And Self-Defense In Florida's Legal System, Jessica Travis, Jeffrey James 2015 Barry University School of Law

Know The Ground You're Standing On: Analyzing Stand Your Ground And Self-Defense In Florida's Legal System, Jessica Travis, Jeffrey James

Barry Law Review

No abstract provided.


A Bright Idea: Reconstructing Florida's Classrooms By "Destigmatizing" Special Education, Diva Geltzer 2015 Barry University School of Law

A Bright Idea: Reconstructing Florida's Classrooms By "Destigmatizing" Special Education, Diva Geltzer

Barry Law Review

No abstract provided.


Unfair And Deceptive Robots, Woodrow Hartzog 2015 University of Maryland Francis King Carey School of Law

Unfair And Deceptive Robots, Woodrow Hartzog

Maryland Law Review

No abstract provided.


Juxtaposition And Intent: Analyzing Legal Interpretation Through The Lens Of Literary Criticism, Joel Graczyk 2015 Marquette University Law School

Juxtaposition And Intent: Analyzing Legal Interpretation Through The Lens Of Literary Criticism, Joel Graczyk

Marquette Law Review

Disagreement exists within both the literary and legal communities about authorial intent’s proper role in interpretation. In an effort to balance textualism’s strict limits with intentionalism’s risk of constructed meaning, this Comment approaches the debate from a literary perspective focused on the text but open to limited evidence of the author’s intended meaning. Some literary critics suggest that evidence of an author’s understanding of and associations with particular words can provide a useful tool for objective interpretation. A judge drawing on such evidence could analyze statutory text by juxtaposing a statute’s language with limited evidence of the enacting legislature’s understanding …


Dividing Crime, Multiplying Punishments, John F. Stinneford 2015 University of Florida Levin College of Law

Dividing Crime, Multiplying Punishments, John F. Stinneford

UF Law Faculty Publications

When the government wants to impose exceptionally harsh punishment on a criminal defendant, one of the ways it accomplishes this goal is to divide the defendant’s single course of conduct into multiple offenses that give rise to multiple punishments. The Supreme Court has rendered the Double Jeopardy Clause, the Cruel and Unusual Punishments Clause, and the rule of lenity incapable of handling this problem by emptying them of substantive content and transforming them into mere instruments for effectuation of legislative will.

This Article demonstrates that all three doctrines originally reflected a substantive legal preference for life and liberty, and a …


Intellectual History As Constitutional Theory, Lawrence B. Solum 2015 Texas A&M University School of Law

Intellectual History As Constitutional Theory, Lawrence B. Solum

Faculty Scholarship

The article discusses the intellectual history of constitutional theory and doctrine in America, and it mentions how intellectual history could constitute a theory and method of constitutional interpretation in the U.S. A law review article by Professor Saul Cornell, which addresses constitutional history and the originalism constitutional interpretation theory, is mentioned. The definition of the word "meaning" is examined, along with the U.S. Constitution and communicative content.


Sovereignty And Subversion, Alice Ristroph 2015 Brooklyn Law School

Sovereignty And Subversion, Alice Ristroph

Faculty Scholarship

No abstract provided.


Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. KOH 2015 Singapore Management University

Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. Koh

Research Collection Yong Pung How School Of Law

An applicant for leave to bring a statutory derivative action in Singapore is required to satisfy the court as to, inter alia, his good faith. Although the statutory language places the burden of doing so on the applicant, Singapore courts have tended to assume the presence of good faith if the claim is a legitimate one. This approach, which denigrates the requirement of good faith, was recently disapproved by the Singapore Court of Appeal. This notwithstanding, subsequent cases have reverted to the earlier position, casting doubt on the utility of the requirement. This paper considers good faith, and argues that …


Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich 2015 Tulane University Law School

Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich

Michigan Journal of Environmental & Administrative Law

The practice of law is not a game. Administrative law in particular can implicate important issues that impact people’s health, safety, and welfare and change business’ profitability or even viability. Nonetheless, it can seem like a game. This is because courts rarely explain administrative law rulings in terms of the public purposes and policies at issue in lawsuits. Instead, the courts’ administrative law opinions tend to turn on arcane interpretive doctrines with silly names, such as the “Chevron two-step” or “Chevron step zero.” To advance doctrinal arguments, advocates and courts engage in linguistic debates that resemble a smokescreen—tending to obscure …


Navajo Therapeutic Jurisprudence, James W. Zion 2015 Touro University Jacob D. Fuchsberg Law Center

Navajo Therapeutic Jurisprudence, James W. Zion

Touro Law Review

No abstract provided.


Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman 2015 Touro University Jacob D. Fuchsberg Law Center

Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman

Touro Law Review

No abstract provided.


Constructing A Normative Framework For Therapeutic Jurisprudence Using Social Work Principles As A Model, Robert G. Madden, Raymie H. Wayne 2015 Touro University Jacob D. Fuchsberg Law Center

Constructing A Normative Framework For Therapeutic Jurisprudence Using Social Work Principles As A Model, Robert G. Madden, Raymie H. Wayne

Touro Law Review

No abstract provided.


Drug Treatment Court: Therapeutic Jurisprudence Applied, Bruce J. Winick, David B. Wexler 2015 Touro University Jacob D. Fuchsberg Law Center

Drug Treatment Court: Therapeutic Jurisprudence Applied, Bruce J. Winick, David B. Wexler

Touro Law Review

No abstract provided.


Jurisprudential Countertransference, Marla Kahn 2015 Touro University Jacob D. Fuchsberg Law Center

Jurisprudential Countertransference, Marla Kahn

Touro Law Review

No abstract provided.


Rights Are Not Enough: Therapeutic Jurisprudence Lessons For Law Reformers, Nathalie Des Rosiers 2015 Touro University Jacob D. Fuchsberg Law Center

Rights Are Not Enough: Therapeutic Jurisprudence Lessons For Law Reformers, Nathalie Des Rosiers

Touro Law Review

No abstract provided.


Introduction Symposium: The Varieties Of Therapeutic Experience, A.J. Stephani 2015 Touro University Jacob D. Fuchsberg Law Center

Introduction Symposium: The Varieties Of Therapeutic Experience, A.J. Stephani

Touro Law Review

No abstract provided.


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