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The Rock: The Role Water Plays in Our Lives
Full text linkWe witness increasing interconnectedness of issues, internationalization of flows of goods and movement of labor, intergovernmental cooperation, new attitudes to personal rights and meaning of family, including human rights, as well as changes of values, moral principles and ethical conceptions.We live in a pervious world. Traditional boundaries have become permeable. One of the great challenges of our time is the response of the law to current developments. The authors of the collection of essays offered in this book seek to analyze some of these challenges.The essays are revised versions based on presentations at the International Conferences on Law organized by the Athens Institute for Education and Research (ATINER) held in Athens, Greece. They were peer-reviewed and selected on the basis of the reviewer\u27s comments and their contribution to the ongoing discussion of the respective issues. As diverse as the essays may look, they all deal with issues that are of current significance.https://commons.law.famu.edu/faculty-books/1035/thumbnail.jp
Limiting Lessons from Property: Re-imagining the Public Domain in the Image of the Public Trust Doctrine
Full text linkIf Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests of an Animal\u27s Intelligence for Determinations of Legal Personhood
Full text linkThe notion that animals could be granted rights under the law was once ridiculed, but now courts and legislatures have begun to move towards granting animals greater protections from cruelty and emotional trauma. Animal law as a course of study was not available in law schools until the early 1970\u27s. It has since grown into a field of debate and study that has drawn in experts from around the world. The rules of law that treat animals as property have been fought by animal rights advocates as being archaic similarly to the laws that once allowed for slavery. Animal owners are now being treated as guardians of animals rather than property owners who may benefit from their animals, but who must also ensure their health. Due to a lack of legal personhood under the law, when animals are injured or their wellbeing is threatened, advocates and owners are often barred from bringing claims on the behalf of animals because of the lack of legal standing to argue for the animals they are attempting to aid. Children have been seen by philosophers and the law as property that are under the control of their parents. Examining the relationship between children and their caregivers has been likened to examining the relationship between other sentient animals and their owners. The earliest anti-child abuse laws stemmed from efforts to end animal cruelty and sought to protect children not only from abusive guardians, but also from exploitation through labor and medical experimentation. Inspired by anti-child cruelty laws, reforms were made to address medical research abuses, availability of education, eugenics, and a variety of other social problems. Interestingly, such reforms were often backed by arguments comparing the legal status of animals and children. The current state of the law is a hodgepodge of common law, statues, and agency regulations which makes it difficult to determine what, if any, choices a child can make and what protections from harm they have
A Warrant Requirement Resurgence: The Fourth Amendment in the Roberts Court
Full text linkOver many years, the United States Supreme Court has developed an extensive body of precedent interpreting and enforcing the provisions of the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures by law enforcement agents conducting criminal investigations. Commonly called the warrant requirement, one key component of this case law operates to deem some police investigatory techniques to be unconstitutional unless they are conducted pursuant to a search warrant issued in advance by a judge. The terms of the doctrine and its exceptions also authorize other investigatory actions as constitutionally permissible without a search warrant. The doctrinal framework created by the warrant requirement serves as a core foundational principle of the Court\u27s constitutional criminal procedure for police investigations. The conventional wisdom about the warrant requirement suggests that over the last half-century, the Court has moved from rigorously interpreting and enforcing the doctrine to reducing its importance and recognizing more exceptions for permissible warrantless searches. While this perspective has some descriptive accuracy in the aggregate, the past decade of the Roberts Court has produced a series of Fourth Amendment decisions, ranging across a variety of subsidiary doctrinal areas, where the warrant requirement has made a comeback-cases in which a criminal defendant has prevailed because the police lacked a search warrant when acquiring crucial evidence during the investigation. A common thread among these decisions is the Roberts Court\u27s confrontation of the Fourth Amendment implications of electronic surveillance, internet connectivity, data analytics, and other rapidly advancing technologies in the digital age. This resurgence of the warrant requirement cannot be readily dismissed as happenstance or coincidence, and consequently its development and its future ramifications are worthy of careful consideration
Enforcing the Right to Public Education
Full text linkThis paper suggests that although each state within the United States currently recognizes a right to public education, the states do not provide meaningful and consistent judicial enforcement of the right. Recognizing a federal fundamental right to public education would be a step towards ensuring meaningful and consistent judicial enforcement of the right
A Damaging Cure: Queer Youth and Conversion Therapy
Full text linkThis article proceeds in six parts. Part I dissects the development of the conservative narrative that queerness is a contagious trait, how the gender norm perpetuates a broad rejection of homosexuality, and the concept of “cured passing” in terms of conversion therapy success stories. Part II examines the progression of the general LGBT rights movement by highlighting its historic adult-centered victories and elaborating how these victories allowed for the necessary space and momentum for the contemporary movement of state conversion therapy bans to gain traction. Part III provides the background and history of conversion therapy by exploring its medical origin and contemporary implementation. Further, Part III analyzes in-depth the many real harms experienced by participants due to conversion therapy. Part IV examines the current legislative and litigation efforts by LGBT activists in ending conversion therapy. Part V proposes various tortious and criminal charges that LGBT advocates may consider bringing on behalf of conversion therapy survivors. Additionally, Part V highlights contemporary programs aimed at educating those about non-heterosexual attractions and promotes the acceptance of queer youth. The article concludes with a call to protect queer youth and notes the most current state to pass a state-wide conversion therapy ban in 2020. Through a careful analysis of the harm to LGBT adolescents, this Article’s ambition is to provide a legal context for possible protections for queer youth and their allies
Penalty or Damages? Are There Limits to Liquidated Damages Provisions in Teacher Employment Contracts
Full text linkThis Article examines the validity of liquated damages provisions with regard to teacher contracts and the appropriateness of their use. Part II addresses the law of liquidated damages generally. Part III discusses one Georgia case brought by two teachers against DCSD for enforcement of its liquidated damages provision as an attempt to force the teachers to stay with the District. Part IV summarizes a review of various teacher employment contracts and types of liquidated damages clauses incorporated therein. Part IV concludes with a discussion of various issues that school districts ought to take into consideration to enhance teacher retention and maintain high quality education of its students when including liquidated damages provisions in teacher contracts
Overview of United States Law, Second Edition
No full textOverview of U.S. Law, Second Edition, provides a preliminary examination of seventeen subjects typically covered by United States law schools. Each chapter offers a succinct and organized review of the topic and begins with a detailed outline of the subject. Expert legal academics, drawn from a number of outstanding American law schools, authored each of the different chapters.
The opening chapter of the book provides an overview of the legal system in the United States, and offers comparison with a civil code system. The book covers basic first year courses like Contracts, Torts, Criminal Law, Civil Procedure, Constitutional Law, and Property. It also examines typical bar-type courses such as Wills and Trusts, Evidence, and Family Law. Finally, there are chapters on some hot topics, such as Intellectual Property.
Overview of U.S. Law is intended for students who are considering attending law school, those who plan to participate in an LL.M. program in the United States, and those outside the U.S. who seek an overview of the legal system. The chapters were designed with foreign lawyers and international students in mind.https://commons.law.famu.edu/faculty-books/1056/thumbnail.jp
Disparities in the Use of Prophylactic Treatments in Reproductive Health Between the Sexes: A Recommendation for the Use of HPV Vaccination Schemes Rather than Surgical Interventions to Reduce Inequities and Threats to the Public\u27s Health
Full text linkOn the issue of prophylactic treatment of reproductive diseases, the sexes have historically been treated differently under medical ethics guidelines and the laws of the United States. Women have drawn the focus of medical and legal scrutiny on issues of prophylactic reproductive health. Women were often required to undergo quarantine and forced to recieve treatment for reproductive diseases considered dangerous to public health. Women are now afforded protections against involuntary prophylactic procedures to prevent diseases in reproductive organs. Specifically, women are provided access to vaccinations against the human papillomavirus at a higher rate than males despite the disease\u27s ability to negatively impact both sexes. In order to control the spread of the human papillomavirus and to best ensure an opportunity for both sexes to maintain positive reproductive health, the rules guiding medical professionals and the laws of the United States must treat both sexes equally with regard to granting protections from unnecessary prophylactic treatments and in allowing access to human papillomavirus vaccinations