The Balancing Act: Human Rights And The Dynamics Of Border Control Policies,
2024
Florida Atlantic University
The Balancing Act: Human Rights And The Dynamics Of Border Control Policies, Allyson Monreal
Florida Atlantic University Undergraduate Law Journal
The crisis in immigration and border control presents a significant challenge to the field of human rights law, urging a thorough exploration of the overlap between migration policies and essential human rights.
Stand Your Ground But For Who? The Criminalization Of Black Women In Self-Defense Laws,
2024
Florida Atlantic University
Stand Your Ground But For Who? The Criminalization Of Black Women In Self-Defense Laws, Kayla Mae Blount
Florida Atlantic University Undergraduate Law Journal
"Stand Your Ground" is an American statute based on the legal notion of "castle doctrine."14 Stand Your Ground is the protection of the responsibility to not retreat and stand your ground, granting any citizen the right to use lethal force without fleeing from a "reasonable" threat. However, the implementation of these laws has been marred by racial bias and systemic discrimination, resulting in unequal outcomes for Black people, particularly women, who find themselves in situations when self-defense is required. In evaluating multiple cases of black woman failing to successfully claim self-defense under Stand Your Ground laws, we seek to understand …
Minority Access To Education And Affirmative Action,
2024
Florida Atlantic University
Minority Access To Education And Affirmative Action, Morgan Robinson
Florida Atlantic University Undergraduate Law Journal
Education opens doors to those who can participate in it. For example, pay ceilings based on degrees of education, voting, rights in the US, and many more liberties are a part of the “American Dream .”Minorities have been denied the right to education for hundreds of years, limiting their influence within government, ability to make a living, or freedom from oppression, all rights that white Americans can participate in without having to worry about race. Enslaved people were told they could not learn how to read for fear they would realize they were no different from the people who oppressed …
Res Communis And The Space Race: A Lesson (Yet To Be) Learned,
2024
Florida Atlantic University
Res Communis And The Space Race: A Lesson (Yet To Be) Learned, Nurah Ghanie
Florida Atlantic University Undergraduate Law Journal
There has been a shift towards privatization and nationalism regarding the exploration of outer space despite these actions being in direct opposition to international space law. This article will explain and argue against these recent developments, using the current dilemma regarding the future of the space stations located in low Earth orbit (LEO) and the potential for a manned bases on the Moon. This article will focus on the legal framework of both international customary law as well as multilateral treaties, including but not limited to the Outer Space Treaty of 1967 in comparison to national policy by explaining the …
Table Of Contents,
2024
Florida Atlantic University
Table Of Contents, Editorial Team
Florida Atlantic University Undergraduate Law Journal
No abstract provided.
A Brief History Of Voter Disenfranchisement Laws In The U.S.,
2024
Florida Atlantic University
A Brief History Of Voter Disenfranchisement Laws In The U.S., Christian Robinson
Florida Atlantic University Undergraduate Law Journal
Following false claims of voter fraud during the 2020 presidential election, several conservative states sought to pass laws designed to limit voter fraud. However, these laws quite clearly restrict the electorate and disproportionally affect the political participation of minority, lower-class, and female voters. The trend of restricting voting rights in the U.S., whether implicitly or explicitly, is not new. Despite claiming to prioritize democratic participation, the U.S. has a history of laws that have limited eligible voters based on race, class, and gender. This is apparent through a close analysis of U.S. voting laws beginning with eligibility as determined by …
Defamation Law: A Comparison Of The Law Of Defamation In The Republic Of Ireland And In The United States Of America,
2024
Florida Atlantic University
Defamation Law: A Comparison Of The Law Of Defamation In The Republic Of Ireland And In The United States Of America, Essie Toyo Wuddah
Florida Atlantic University Undergraduate Law Journal
The Depp v. Heard case in early 2022 took the global media by storm with the revelation of shocking facts and the endeavour to mend a man’s broken reputation. In this case, the defendant, Heard, accused Depp, her ex-husband of domestic abuse and many believed these accusations which in turn, sullied Depp’s reputation and negatively impacted his career. Depp maintained that the accusations were untrue and brought forth a defamation suit against Heard. This case undeniably sparked public interest in the law of defamation and its application across the world. The following article will delve into the topic of defamation …
Contributing Author Biographies,
2024
Florida Atlantic University
Contributing Author Biographies, Editorial Team
Florida Atlantic University Undergraduate Law Journal
No abstract provided.
Reimagining Justice Without Execution: Should The Death Penalty Be Abolished?,
2024
Florida Atlantic University
Reimagining Justice Without Execution: Should The Death Penalty Be Abolished?, Tanvi Desai
Florida Atlantic University Undergraduate Law Journal
Surrounded by controversy, the debate regarding the preservation, or lack thereof, of the death penalty in the United States has sparked intense discourse. It has remained the subject of profound controversy since its beginning during colonial times. Stemming from issues surrounding the ethicality of the capital punishment and the irreversible essence of it, many Americans have begun reevaluating the cruel punishment at hand and favoring the abolishment of the death penalty. As human life becomes increasingly vital in this generation, this paper will argue against the preservation of the death penalty for a multitude of reasons. These compelling reasons include …
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment,
2024
Fordham Law School
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme,
2024
Fordham Law School
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space,
2024
Fordham Law School
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
A Short History Of The Interpretation-Construction Distinction,
2024
Georgetown University Law Center
A Short History Of The Interpretation-Construction Distinction, Gregory Klass
Georgetown Law Faculty Publications and Other Works
This document collects for ease of access and citation three of my posts on the New Private Law Blog, which chart the conceptual history of the interpretation-construction distinction. The posts begin with Francis Lieber’s 1939 introduction of the concepts, then describes Samual Williston’s 1920 account of the distinction in the first edition of Williston on Contracts, and concludes with Arthur Linton Corbin’s 1951 reconceptualization in the first edition of Corbin on Contracts. The posts identify two different conceptions of the distinction. Under the first (Lieber and Williston), construction supplements interpretation. Under the second (Corbin), the two activities complement one …
A Survey Of Slavery & The Slave Trade Law,
2024
Yeshiva University, Cardozo School of Law
A Survey Of Slavery & The Slave Trade Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic
CLIHHR Reports & Policy Submissions
This comprehensive report, compiled by the Benjamin B. Ferencz Human Rights and Atrocity Prevention (HRAP) Clinic at the Benjamin N. Cardozo School of Law from 2020 to 2024, surveys domestic slavery and slave trade laws across States Parties to the Rome Statute. Law students conducted comparative legal research examining how national legislation defines and criminalizes slavery, the slave trade, sexual slavery, and related practices such as trafficking and forced labor. Organized by region, the report presents constitutional and penal code provisions, assesses compliance with international humanitarian law, and highlights legal trends and gaps. It serves as a vital resource for …
The Penal Judgment Exception To Full Faith And Credit: How To Bind The Bounty Laws,
2024
University of Washington School of Law
The Penal Judgment Exception To Full Faith And Credit: How To Bind The Bounty Laws, Walker Mckusick
Washington Law Review
In the current moment of interstate friction over abortion, the penal judgment exception poses a barrier against interstate enforcement of bounty laws. A doctor who prescribes a medicated abortion to a Texas patient may be exposed to civil liability—even in faraway Washington State. A Washington court asked to enforce a Texas judgment against the doctor is subject to the Full Faith and Credit Clause. Article IV, Section 1 of the United States Constitution mandates that each state give full faith and credit to judgments rendered in sister states. Under Texas Senate Bill 8 (S.B. 8), any member of the public …
Law, Critique And The Believer's Experience,
2024
SciencesPo Law School & University of Manchester
Law, Critique And The Believer's Experience, Jean D'Aspremont
Dalhousie Law Journal
I have come to think that, most of the time, radical critics of a given discursive practice were once believers in that practice’s necessities and realities. In particular, I am of the opinion that one comes to appreciate the power of a discourse only when one has genuinely and personally experienced the necessitarian pull as well as the realities such discourse creates. To put it in phenomenological terms, I think that radical scepticism is often the expression of some self-revulsion at one’s earlier beliefs. The phenomenological causality described here is thus not simply about the devastating rage that one can …
Judicial Discipline Through The Prism Of Public Law Values: A Critical Analysis Of Bill C-9, An Act To Reform The Judges Act,
2024
Dalhousie University, Schulich School of Law
Judicial Discipline Through The Prism Of Public Law Values: A Critical Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Bill C-9 is the first legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline system for federally appointed judges. In a previous essay published in Volume ?? of the Advocates’ Quarterly we offered a normative framework for assessment of a complaints and discipline system and identified seven key strengths of Bill C-9. In this sequel, we continue to apply this normative framework and argue that the legislation is marred by five significant weaknesses. We conclude that because the reforms …
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City,
2024
Villanova University Charles Widger School of Law
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency,
2024
Villanova University Charles Widger School of Law
Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Symposium Transcript,
2024
University of Richmond
