Hopefully Enduring: How North Carolina’S Divorce Laws Violate The First Amendment,
2022
Campbell University Law School
Hopefully Enduring: How North Carolina’S Divorce Laws Violate The First Amendment, Maren H. Lowrey
Child and Family Law Journal
The phrase “til death do us part” is both poetic and aspirational. It is the ubiquitous vow Americans make to one another when they marry[1] and embark on what is “hopefully enduring.”[2] But life does not always meet the aspirational marks we set and that is most true in the context of marriage and divorce. Each state enjoys nearly exclusive control over this intimate relationship, which results in different regulatory schemes across the United States.[3] Changes in Supreme Court jurisprudence over time ensured state regulation of marriage did not run afoul of the Constitution.[4] These decisions ...
Floridians' Right To Choose Or Refuse Vaccinations,
2022
WMU, Cooley Law School
Floridians' Right To Choose Or Refuse Vaccinations, Patrick E. Tolan Jr.
Child and Family Law Journal
Every state must strike the right balance between an individual's freedom to make medical choices and the state's role in protecting the public health and the welfare of its people. Florida, by and through its Constitution, has afforded heightened protections for individual self-determination over medical treatment decisions and evaluates infringement of these private medical rights with strict scrutiny. This article is about legal rights for adults to obtain or refuse vaccines and for parents to decide the timing or administration of any vaccine or group of vaccines proposed for their school-aged, preschool, newborn, or unborn children.
I argue ...
Covid-“14-17”: A Case For Florida Teens To Choose The Covid Vaccine Without Requiring Parental Consent,
2022
Barry University School of Law
Covid-“14-17”: A Case For Florida Teens To Choose The Covid Vaccine Without Requiring Parental Consent, Kait Ramsay
Child and Family Law Journal
The novel COVID-19 pandemic has created a huge disruption to almost everyone, forcing many individuals to adapt to entirely new ways of life. In the United States, COVID safety protocols and restrictions, such as mask and vaccine mandates, have been met with huge political polarization and resistance.[1] Even as COVID variants have kept infections in a perpetual cycle of rising and falling, Florida has lifted mask mandates for businesses and schools, and its governor has been one of the largest vocal opponents to requiring vaccines for school attendance.[2] Furthermore, with the passing of Florida’s Parental Consent for ...
Marketing Research And Children’S Consumer Privacy Rights: A Battle In The Digital Age,
2022
Barry University School of Law
Marketing Research And Children’S Consumer Privacy Rights: A Battle In The Digital Age, Hadley Johnson
Child and Family Law Journal
Advancements in technology and social media have led to a decreased level of personal data privacy. Companies are now provided with limitless ways to extract information about their customers, even without their knowledge. This is especially concerning when it is the personal information of a child that is being collected, as in the United States, few regulations exist to protect them on social media. Even fewer regulations exist to protect children between the ages of thirteen and seventeen. The purpose of this Note is to discuss the importance between market research practices and children’s consumer privacy rights in the ...
Parental Alienation In Family Court: Attacking Expert Testimony,
2022
University of California, Hastings College of Law
Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer
Child and Family Law Journal
In child custody litigation, when a parent raises the possibility of child abuse, the accused parent may respond that the parent wo has raised the possibility of abuse is alienating the child in an effort to gain an unfair advantage in court. The parent accused of abuse may offer expert testimony on parental alienation. A voluminous and contentious social science literature exists on parental alienation. Family law attorneys often lack ready access to social science literature. The purpose of this article is to give family law attorneys information from the parental alienation literature that can be used to cross-examine experts ...
In Memory Of Nicky Langesfeld,
2022
University of Miami School of Law
In Memory Of Nicky Langesfeld, Brittany Hynes
University of Miami Business Law Review
No abstract provided.
“Protecting The Superfluous…To Preserve The Necessary”: Whose Is The Power? The Case Of The Cursing Cheerleader: Mahanoy Area School District V. B.L.,
2022
Charleston School of Law
“Protecting The Superfluous…To Preserve The Necessary”: Whose Is The Power? The Case Of The Cursing Cheerleader: Mahanoy Area School District V. B.L., Lisa Smith-Butler
Barry Law Review
This article explores the free speech rights of students in the public school setting while off-campus in the recently decided Supreme Court of the United States case of Mahanoy Area School District v. B.L. It examines the history of school discipline from the American colonial period to the present, and briefly explores the First Amendment doctrine regarding content regulation. Next, it reviews the line of Supreme Court decisions from Tinker onwards regarding students’ First Amendment rights in the public school setting and then studies decisions from circuit courts. It then considers the various rules proposed by all of the ...
Trial By Combat In The Modern World,
2022
University of California - Los Angeles
Trial By Combat In The Modern World, Michael L. Smith
Barry Law Review
The ancient practice of trial by combat was abandoned hundreds of years ago and has never been employed in America. Yet this has not stopped litigants and others from demanding trial by combat—a tactic which, while infrequent, implicates deeper questions of the history of American law. In the past several years, several high-profile demands for trial by combat have prompted media attention and caused several commentators to suggest that trial by combat may be an option for civil litigants. Most coverage and commentary only focuses on each instance of trial by combat as they arise—without attention to other ...
What’S In A Name? The Use Of The Title “Doctor” By Jds In Academia,
2022
University of West Florida
What’S In A Name? The Use Of The Title “Doctor” By Jds In Academia, Charles W. Penrod, Lindsay Fryer
Barry Law Review
No abstract provided.
Reforming The Methods Used For Obtaining Juvenile Confessions,
2022
Barry University School of Law
Reforming The Methods Used For Obtaining Juvenile Confessions, Melissa Sarsten Polito
Barry Law Review
No abstract provided.
Proving The Negative: Florida's Stand Your Ground Law And The Burden Of Proof,
2022
Barry University School of Law
Proving The Negative: Florida's Stand Your Ground Law And The Burden Of Proof, Connor Bishop
Barry Law Review
Self-defense and Stand Your Ground laws are controversial subjects in today’s world. On one side, some argue that these laws protect our Second Amendment right to bear arms, protect ourselves, and our loved ones without fear of criminal prosecution. On the other hand, opponents argue that Stand Your Ground laws encourage evermore violent acts and vigilantism. In the center is the controversy of applying the law. From the people who are disproportionately charged and tried to those that avoid prosecution, this country has become a heightened example of the problems with the current state of self-defense. From Zimmerman to ...
The Hale Act Only Fuels The Wheel Of Abuse In The Digital Age,
2022
Barry University School of Law
The Hale Act Only Fuels The Wheel Of Abuse In The Digital Age, Kathleen Evans
Barry Law Review
No abstract provided.
Recalibrating The Sex Offender Registration System,
2022
University of St. Thomas, Minnesota
Recalibrating The Sex Offender Registration System, Erin Schoenbeck Byre
University of St. Thomas Law Journal
No abstract provided.
Antitrust Implications Of The Ncaa's Restrictions On The Use Of Name, Image, And Likeness Of Student-Athletes,
2022
University of St. Thomas, Minnesota
Antitrust Implications Of The Ncaa's Restrictions On The Use Of Name, Image, And Likeness Of Student-Athletes, Jesse Addo
University of St. Thomas Law Journal
No abstract provided.
Conveying Estate Planning To The 21st Century: Adoption Of Electronic Wills Legislation,
2022
University of St. Thomas, Minnesota
Conveying Estate Planning To The 21st Century: Adoption Of Electronic Wills Legislation, Spencer Riegelman
University of St. Thomas Law Journal
No abstract provided.
The Layers Justice Corps: A Licensing Pathway To Enhance Access To Justice,
2022
University of St. Thomas, Minnesota
The Layers Justice Corps: A Licensing Pathway To Enhance Access To Justice, Eileen Kaufman
University of St. Thomas Law Journal
No abstract provided.
Righting Wrongs Through Posthumous Pardons: Max Mason, The Duluth Lynchings, And Lessons For The Future,
2022
University of St. Thomas, Minnesota
Righting Wrongs Through Posthumous Pardons: Max Mason, The Duluth Lynchings, And Lessons For The Future, Corey L. Gordon
University of St. Thomas Law Journal
No abstract provided.
A Call For Action: How Clients And Judges Can Do More To Address The Legal Profession's Diversity Problem,
2022
University of St. Thomas, Minnesota
A Call For Action: How Clients And Judges Can Do More To Address The Legal Profession's Diversity Problem, Sybil Dunlop
University of St. Thomas Law Journal
No abstract provided.
Digging Out From Under Section 50-A: The Initial Impact Of Public Access To Police Misconduct Records In New York State,
2022
University of St. Thomas, Minnesota
Digging Out From Under Section 50-A: The Initial Impact Of Public Access To Police Misconduct Records In New York State, Cynthia Conti-Cook
University of St. Thomas Law Journal
No abstract provided.
The Corruption Of The Pardon Power,
2022
University of St. Thomas, Minnesota
The Corruption Of The Pardon Power, Albert W. Alschuler
University of St. Thomas Law Journal
No abstract provided.