FIU Law Review最新文献_第7页

Keeping the Infield Fly Rule in Effect 保持内野球规则的有效性

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/lawrev.13.5.14

H. Wasserman

引用次数: 0

A Close Reading of Barnette, in Honor of Vincent Blasi 《巴内特细读》，纪念文森特·布拉西

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/LAWREV.13.4.8

P. Horwitz

{"title":"A Close Reading of Barnette, in Honor of Vincent Blasi","authors":"P. Horwitz","doi":"10.25148/LAWREV.13.4.8","DOIUrl":"https://doi.org/10.25148/LAWREV.13.4.8","url":null,"abstract":"This article, written for a symposium marking the 75th anniversary of West Virginia State Board of Education v. Barnette, offers a close reading of Justice Jackson's opinion for the Court. In doing so, it offers an implicit and explicit tribute to Vincent Blasi, whose teaching and writing have emphasized the value of deep, careful engagement with the language and arguments of a single text, such as a judicial opinion, and who has been an inspiration to me and many other contemporary First Amendment scholars. \u0000 \u0000This close reading explores a gallery of passages from Barnette that have received relatively little scholarly attention, largely because Jackson's arresting \"fixed star\" passage has monopolized much of the discussion. But other passages in the opinion help reveal additional important points about the case with important broader implications. They suggest something about why Jackson treated this as a speech rather than a religion case and as an individual liberty case rather than an equal treatment case. They have implications for arguments about third-party harms, \"government nonendorsement,\" student speech, and heckler's veto doctrine. And they underscore the importance of Jackson's description of an autonomous \"sphere of intellect and spirit\" and of the limits of state power in this area. Perhaps much more than has been recognized, Barnette is a paean to the sovereignty of the mind, and in doing so it treats this realm as much or more as a matter of state non-interference than as a subject for measured judicial balancing. \u0000 \u0000Although I focus closely on the text of the opinion itself, I offer some larger assessments of Barnette's condition today. I make two general observations. First, on the one hand, Barnette had an excellent 75th anniversary year, with citations and discussions in major Supreme Court decisions suggesting its stock is high. On the other, I suggest that it is in much poorer health in academic circles. A striking number of scholarly discussions of current issues, such as the wedding vendor cases, omit Barnette altogether. I suggest that these omissions are evidence of a deeper discomfort with Barnette. And for good reason: As this close reading reveals, the words and deeper music of Barnette are in genuine tension with current popular positions on these issues, and suggest that at some point these scholars need to engage directly and seriously with Barnette. Second, I argue that in interesting ways Barnette is a kind of \"pre-capitulation\" of much that happened in First Amendment law in the 75 years that followed it. This is true not just in the sense that Barnette positively inspired a great deal of First Amendment doctrine, but also in the sense that much of the jurisprudence that followed consisted of efforts to cabin Barnette and its implications and to build safety valves around it.","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"45 6-7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123378578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Introduction to the Micro-Symposium: Infield Fly Rule Is in Effect 微专题讨论会简介:内野飞球规则生效

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/LAWREV.13.5.4

Adrian Karborani

引用次数: 0

Teach the Controversy 教争议

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/LAWREV.13.5.10

R. Neyer

引用次数: 0

Full Transparency: A Case Against The Collection of Internet Information in Trump-Era American Immigration 完全透明:一个反对特朗普时代美国移民收集互联网信息的案例

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/LAWREV.13.3.9

Thomas P. Campbell

引用次数: 0

Codification and Progressive Development of International Law: A Legislative History of Article 13(1)(a) of the Charter of the United Nations 国际法的编纂和逐步发展:《联合国宪章》第十三条第一款(A)项的立法史

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/LAWREV.13.6.11

Arnold N. Pronto

引用次数: 0

Introduction: Barnette at 75 简介:75岁的Barnette

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/LAWREV.13.4.4

H. Wasserman

引用次数: 0

Why Transgender Children Should Have the Right to Block their Own Puberty with Court Authorization 为什么变性儿童有权在法院授权下阻止自己的青春期

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/LAWREV.13.4.16

F. Vergani

引用次数: 0

The International Law Commission’s Soft Law Influence 国际法委员会的软法影响

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/lawrev.13.6.6

Elena A. Baylis

{"title":"The International Law Commission’s Soft Law Influence","authors":"Elena A. Baylis","doi":"10.25148/lawrev.13.6.6","DOIUrl":"https://doi.org/10.25148/lawrev.13.6.6","url":null,"abstract":"Since the 1990s, the International Law Commission has increasingly produced soft law, such as principles and draft conclusions, in addition to hard law like draft treaty articles This essay explores the implications of the International Law Commission’s transition toward a greater emphasis on soft law. Soft law is an effective vehicle for the International Law Commission’s mission of codification and progressive development of international law; the International Law Commission’s involvement increases the clarity and accessibility of international law norms and promotes a dynamic, synergistic relationship between hard law and soft law that contributes to the effective evolution of international law. Likewise, the International Law Commission is well-structured to produce soft law by virtue of its expertise, work processes, and robust engagement with states in the Sixth Committee of the United Nations General Assembly. Furthermore, the International Law Commission’s soft law has in fact been influential on an audience of diverse global legal actors, including the International Court of Justice and other international courts and tribunals, treaty bodies, states, and scholars. In order to build on its existing soft law influence, the International Law Commission should acknowledge its vast global audience and tailor its processes and practices to better reach these communities.","PeriodicalId":300333,"journal":{"name":"FIU Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127215362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

70 Years of the International Law Commission, Its Future Role in the Changing Landscape of International Law and the Small-Developing States Nexus 国际法委员会70年，其在不断变化的国际法格局和小发展中国家关系中的未来作用

FIU Law Review Pub Date : 2019-01-01 DOI: 10.25148/LAWREV.13.6.8

Michael Imran Kanu

引用次数: 0