Digital Commons @ Barry Law

Was Atwater v. Lago Vista Decided Correctly? The Fourth Amendment's Shadow and Simulacra of Police Brutality and the American Dream, Charles Lincoln
Barry Law Review

Age Before Fundamental Right? Resolving the Contradiction Presented by an Age Restriction on Running for Executive Offices in Montana's Constitution, Kevin Frazier
Barry Law Review

Citizenship, Assimilation, and the Insular Cases: Reversing the Tide of Cultural Protectionism at American Samoa, Jason Buhi
Faculty Scholarship

Childbearing Under Unbearable Circumstances: The Importance of Abortion Ban Exceptions for Victims of Sexual Violence and the Current Bias Against Sex Trafficking Victims, Lori N. Ross
Faculty Scholarship

"Reconstituting China's Periphery" in Routledge Handbook of Constitutional Law in Greater China, Jason Buhi
Faculty Scholarship

Rachel E. Deming, The Big Chill: Are Public Participation Rights Being Slapp-Ed?, Rachel E. Deming
Faculty Scholarship

The Dobbs Effect: Abortion Rights in the Rear-View Mirror and the Civil Rights Crisis that Lies Ahead, Terri R. Day, Danielle Weatherby
Faculty Scholarship

No-One Receives Psychiatric Treatment in a Squad Car, Judy A. Clausen, Joanmarie Davoli
Faculty Scholarship

Evolving Standards of Irrelevancy?, Joanmarie Davoli
Faculty Scholarship

Child Entertainers and Their Limited Protections: A Call For an Interstate Compact, Tabetha Bennett
Child and Family Law Journal

Immigration Detention: Eroding or Reinforcing a Theory of Immigration Exceptionalism?, Kate Aschenbrenner
Faculty Scholarship

Fraud Law and Misinfodemics, Wes Henricksen
Faculty Scholarship

Playing Politics with Executions Abuse of Executive Discretion, Joanmarie Davoli
Faculty Scholarship

Intended Injury: Transferred Intent and Reliance in Climate Change Fraud, Wes Henricksen
Faculty Scholarship

Corporate Social Responsibility, Casino Capitalism, and the Constitution of Macau, Jason Buhi
Faculty Scholarship

Lawful Searches Incident to Unlawful Arrests: A Reform Proposal, Mark A. Summers
Faculty Scholarship

The Effects of Forcible Separation and the Ramifications Involved in Using Genetic Testing to Reunite Immigrants at the Border, Thameshwarie Ghamandi
Child and Family Law Journal

The Separation of Migrant Families at the Border under the Trump Administration’s Zero-Tolerance Policy: A Critical Analysis of the Mistreatment of Immigrant Children Held in U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal

REFRAMING THE AFFIRMATIVE ACTION DEBATE TO MOVE BEYOND ARGUMENTS FOR DIVERSITY AND INTEREST CONVERGENCE, Adrian Jamal McLain, Steven L. Nelson
Barry Law Review

STATES AS CIVIL RIGHTS ACTORS: ASSESSING ADVOCACY MECHANISMS WITHIN A STATE’S LEGISLATIVE, EXECUTIVE, AND JUDICIAL BRANCHES, Jennifer Safstrom
Barry Law Review

A Comprehensive Rethinking of Equal Protection Post-Obergefelll: A Plea for Substantivity in Law, Shannon Gilreath
Barry Law Review

All That Is Liquidated Melts Into Air: Five Meta-Interpretive Issues, D.A. Jeremy Telman
Barry Law Review

The Opioid Crisis: The States' And Local Governments' Response To Bigpharma's Deception And Why The Supremacy Clause May Provide A Cloak For Opioid Manufacturers To Hide Behind, Tracie Childers
Barry Law Review

Police Ignorance and Mistake of Law under the Fourth Amendment, Eang L. Ngov
Faculty Scholarship

Qualitative Diversity: Affirmative Action's New Reframe, Eang L. Ngov
Faculty Scholarship

Revolutionary Disobedience, Philip K. Y. Lau
Barry Law Review

Willful Blindness or Deliberate Indifference: The United States' Abdication of Legal Responsibility to Refugees, Abed A. Ayoub, Yolanda C. Rondon
Barry Law Review

Find My Criminals: Fourth Amendment Implications of the Universal Cell Phone "App" that Every Cell Phone User Has but No Criminal Wants, Christopher Joseph
Barry Law Review

Sex Reassignment Surgery & the New Standard of Care: An Analysis of the Role the Federal Court System, the States, Society, and the Medical Community Serve in Paving the Way for Incarcerated Transgendered Persons' Constitutional Right to a Sex Change, Victor J. Genchi
Barry Law Review

The Crushing of a Dream: DACA, DAPA and the Politics of Immigration Law Under President Obama, Robert H. Wood
Barry Law Review

Contemplating Masterpiece Cakeshop, Terri R. Day
Faculty Scholarship

Irreconcilable Similarities: The Inconsistent Analysis of 212(C) and 212(H) Waivers, Kate Aschenbrenner Rodriguez
Faculty Scholarship

Assisted Reproduction Inequality and Marriage Equality, Seema Mohapatra
Faculty Scholarship

Holier Than You and Me: 'Religious Liberty' is the New Bully Pulpit and its Meaning is Endangering Our Way of Life, Marsha B. Freeman
Faculty Scholarship

The Federal Government's Usurpation of Local Control from Public Schools: A Historical Analysis of Politics, Law, and Reaction, Brett Geier
Barry Law Review

De Facto Class Actions: Plaintiff-and Defendant-Oriented Injunctions in Voting Rights, Election Law, and Other Constitutional Cases, Michael T. Morley
Faculty Scholarship

Liberal, Conservative, and Political: The Supreme Court's Impact on the American Family in the Uber-Partisan Era, Marsha B. Freeman
Faculty Scholarship

Nationwide Injunctions, Rule 23(b)(2), and the Remedial Powers of the Lower Courts, Michael T. Morley
Faculty Scholarship

Non-Contentious Jurisdiction and Consent Decrees, Michael T. Morley
Faculty Scholarship

LGBT Rights and the Mini-RFRA: A Return to Separate but Equal, Terri R. Day, Danielle Weatherby
Faculty Scholarship

The Case for LGBT Equality: Reviving the Political Process Doctrine and Repurposing the Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Faculty Scholarship

The New Elections Clause, Michael T. Morley
Faculty Scholarship

The Erosion of the Rule of Law When a State Attorney General Refuses to Defend the Constitutionality of Controversial Laws, Rena M. Lindevaldsen
Barry Law Review

The Standing of the Public Interest, Amitai Etzioni
Barry Law Review

Time to Lift the Veil of Inequality in Health Care Coverage: Using Corporate Law to Defend the Affordable Care Act, Seema Mohapatra
Faculty Scholarship

An Eighth Amendment Analysis of Statutes Allowing or Mandating Transfer of Juvenile Offenders to Adult Criminal Court in Light of the Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience, Katherine I. Puzone
Faculty Scholarship

Reverse Nullification and Executive Discretion, Michael T. Morley
Faculty Scholarship

Remedial Equilibration and the Right to Vote Under Section 2 of the Fourteenth Amendment, Michael T. Morley
Faculty Scholarship

Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov
Faculty Scholarship

The Intratextual Independent "Legislature" and the Elections Clause, Michael T. Morley
Faculty Scholarship

Has Society Become Tolerant of Further Infringement on First Amendment Rights?, Nicholas Primrose
Barry Law Review

The Islamic Influence in (Pre-)Colonial and Early America: A Historico-Legal Snapshot, Nadia B. Ahmad
Faculty Scholarship

"So Help Me?": Religious Expression and Artifacts in the Oath of Office and the Courtroom Oath, Frederick B. Jonassen
Faculty Scholarship

When Counsel Abandonment Forecloses Post-Conviction Relief: An Argument for Applying the Doctrine of Cause and Prejudice to the AEDPA Statute of Limitations, Katherine I. Puzone
Faculty Scholarship

Adoption Law in the United States: A Pathfinder, Glen-Peter Ahlers Sr.
Faculty Scholarship

A Step by Step Look at UARG v. EPA: A New Layer of Greenhouse Gas Regulation, Kevin O. Leske
Faculty Scholarship

A Primer on Hobby Lobby: For-Profit Corporate Entities' Challenge to the HHS Mandate, Free Exercise Rights, RFRA's Scope, and the Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
Faculty Scholarship

Rise of the Machines: Machine-Generated Data and the Confrontation Clause, Brian Sites
Faculty Scholarship

Rethinking the Right to Vote Under State Constitutions, Michael T. Morley
Faculty Scholarship

'You are Hereby Sentenced to a Term of . . . Enslavement?': Why Prisoners Cannot be Exempt from Thirteenth Amendment Protection, Alvaro Hasani
Barry Law Review

Unlocking the Eighth Amendment's Power to Make Innocence a Constitutional Claim: The 'Objective' Views of State Legislators, David Niven
Barry Law Review

A Reporter's Privilege in Florida: Has the Conflict Between the First Amendment and Sixth Amendment Been Reconciled?, Jay B. Rosman
Barry Law Review

E Pluribus Unum: Liberalism's March To Be the Singular Influence on Civil Rights at the Supreme Court, Aaron J. Shuler
Barry Law Review

Between Seminole Rock and a Hard Place: A New Approach to Agency Deference, Kevin O. Leske
Faculty Scholarship

What's Religion Got to Do With It? Virtually Nothing: Hosanna-Tabor and the Unbridled Power of the Ministerial Exemption, Marsha B. Freeman
Faculty Scholarship

Modern Odysseus or Classic Fraud - Fourteen Years in Prison for Civil Contempt without a Jury Trial, Judicial Power without Limitation, and an Examination of the Failure of Due Process, Mitchell J. Frank
Faculty Scholarship

Berghuis v. Thompkins: Retreat from Miranda, Jacquline Grossi
Barry Law Review

John Hart Ely: An Influential Constitutional Scholar—Protecting "Flag Desecration" under the First Amendment, Mohammed Saif-Alden Wattad
Barry Law Review

Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be CrossExamined, Mark A. Summers
Faculty Scholarship

Constructing the Other: U.S. Muslims, Anti-Sharia Law, and the Constitutional Consequences of Volatile Intercultural Rhetoric, Carlo A. Pedrioli
Faculty Scholarship

Qualified Immunity: Protecting All but the Plainly Incompetent (and Maybe Some of Them, Too), Susan Bendlin
Faculty Scholarship

Kiss the Book...You're President...: "So Help Me God" and Kissing the Book in the Presidential Oath of Office, Frederick B. Jonassen
Faculty Scholarship

Religious Documents and the Establishment Clause, Brian Sites
Faculty Scholarship

Limiting Legislative Courts: Protecting Article III from Article I Evisceration, Kenneth G. Coffin
Barry Law Review

Legally Ill: Is the Federal Health Insurance Mandate Constitutional?, Josh Bolus
Barry Law Review

Miranda Warnings and Terry Stops: Another Perspective, Eugene L. Shapiro
Barry Law Review

Melendez-Diaz v. Massachusetts: The Future of the Confrontation Clause, Joseph Henn
Barry Law Review

A Fractured Establishment's Responses to Social Movement Agitation: The U.S. Supreme Court and the Negotiation of an Outsider Point of Entry in Walker v. City of Birmingham, Carlo A. Pedrioli
Faculty Scholarship

Parents Involved in Community School v. Seattle School District No. I.: An Endorsement of De Facto Segregation?, Edward C. Combs, Jr.
Barry Law Review

Goodbye Forfeiture, Hello Waiver: The Effect of Giles v. California, Monica J. Smith
Barry Law Review

Judicial Nullification of Juries: Use of Acquitted Conduct at Sentencing, Eang L. Ngov
Faculty Scholarship

The Commercial Activity Exception under the FSIA, Personhood under the Fifth Amendment and Jurisdiction over Foreign States: A Partial Roadmap for the Supreme Court in the New Millennium, Stephen J. Leacock
Faculty Scholarship