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Hopefully Enduring: How North Carolina’S Divorce Laws Violate The First Amendment, Maren H. Lowrey 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, Patrick E. Tolan Jr. 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, Kait Ramsay 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, Hadley Johnson 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, John E.B. Myers, Jean Mercer 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, Brittany Hynes 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., Lisa Smith-Butler 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, Michael L. Smith 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, Charles W. Penrod, Lindsay Fryer 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, Melissa Sarsten Polito 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, Connor Bishop 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, Kathleen Evans 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, Erin Schoenbeck Byre 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, Jesse Addo 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, Spencer Riegelman 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, Eileen Kaufman 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, Corey L. Gordon 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, Sybil Dunlop 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, Cynthia Conti-Cook 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, Albert W. Alschuler 2022 University of St. Thomas, Minnesota

The Corruption Of The Pardon Power, Albert W. Alschuler

University of St. Thomas Law Journal

No abstract provided.


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