Unlawful/Criminal Activity: The Ill-Defined And Inadequate Provision For A "Stand Your Ground" Defense,
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,
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,
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",
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,
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,
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,
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,
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,
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,
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,
2015
Brooklyn Law School
Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore,
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,
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,
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,
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,
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,
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,
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,
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,
2015
Touro University Jacob D. Fuchsberg Law Center
Introduction Symposium: The Varieties Of Therapeutic Experience, A.J. Stephani
Touro Law Review
No abstract provided.
