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Articles 1 - 14 of 14
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American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova
American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova
Faculty Scholarship
This paper explores the range of values implicated by war and compares today's dominant values with those that prevailed during previous American wars, with a particular emphasis on the World War Two and early Cold War period. War is related to values, and as economists like to remind us, what we value becomes apparent in the movement of people and prices. Part I of this Article considers the moral, ethical and monetary values that prevailed throughout the 1940's and early 1950's. The normative threads that kept the World War Two effort on track were those of mobilization and shared sacrifice. …
Recantation: Illusion Or Reality?, Linda F. Harrison
Recantation: Illusion Or Reality?, Linda F. Harrison
Faculty Scholarship
No abstract provided.
2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter
2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter
Faculty Scholarship
No abstract provided.
The Trade Winds Of Judicial Activism: An Introduction To The 2004-2005 Goodwin Seminar Articles By Dennis Morrison, Q.C., And The Honourable Mia Amor Mottley, Q.C., M.P.,, Jane E. Cross
Faculty Scholarship
In Fall 2004, Nova Southeastern University Shepard Broad Law Center hosted a Goodwin Seminar series entitled Trade Winds in Caribbean Law: Evolution of Legal Norms and the Quest for Independent Justice. Since the conclusion of the Goodwin Seminar in November 2004, there have been two significant developments in the Commonwealth Caribbean. First, the Caribbean Court of Justice (CCJ) was inaugurated on April 16, 2005 in Port of Spain, Trinidad. Second, the CARICOM Single Market and Economy (CSME) was launched on January 30, 2006.
The Independent Board Of Directors And Governance In The United States: Where Is This Heading?, Florence Shu-Acquaye
The Independent Board Of Directors And Governance In The United States: Where Is This Heading?, Florence Shu-Acquaye
Faculty Scholarship
No abstract provided.
Human Rights Enforcement In The Twenty-First Century, Douglas L. Donoho
Human Rights Enforcement In The Twenty-First Century, Douglas L. Donoho
Faculty Scholarship
The international human rights system enters the twenty-first century facing a profound anomaly. Despite remarkable normative and institutional developments since the system's inception, the world remains mired in widespread violations of human dignity. Genocidal episodes have repeatedly scarred the consciousness of humankind since World War ll. Floods of refugees and simmering ethnic conflicts continually challenge the international community's capacity to respond, and grotesque forms of physical abuse, such as torture and summary execution, remain commonplace Despite a promising trend toward democratic governance around the world, basic civil liberties for countless millions remain only an empty promise.' Most disheartening of all, …
1031 Tenant In Common Exchanges: A "Tic"King Time Bomb At The Intersection Of Real Estate, Securities, And Tax Law?, Marilyn Blumberg Cane, Jennifer C. Erdelyi
1031 Tenant In Common Exchanges: A "Tic"King Time Bomb At The Intersection Of Real Estate, Securities, And Tax Law?, Marilyn Blumberg Cane, Jennifer C. Erdelyi
Faculty Scholarship
Those who follow economic trends know that investing in real estate has recently become a hotbed of activity. In response to the stock market's unpredictability, investors have been drawn to the commercial real estate market in record numbers, seeking to capitalize on low interest rates coupled with the rising appreciation such properties have offered. In addition to the potential upside of such investments, many commercial property investors seek a tax deferral method for the capital gains they realized upon the sale of other previously owned property. Section 1031 of the Internal Revenue Code ("Section 1031"), under specially defined circumstances, allows …
As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy
As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy
Faculty Scholarship
No abstract provided.
Acquiring And Managing Identity Interests, Jon M. Garon
Acquiring And Managing Identity Interests, Jon M. Garon
Faculty Scholarship
Jon M. Garon, Acquiring and Managing Identity Interests, 1 FLA. ENT. L. REV. 39 (2006). Modern media licenses involving Internet sites, video games, multimedia projects, and independent motion pictures follow the publishing industry’s shifts of power and control. Those acquiring rights have significant leverage at the outset but lose that power as completion deadlines near. Marketing leverage depends significantly on the importance of the participants to the marketing strategy, so that if live appearances are critical to marketing, then those individuals have much more influence than for those projects where the persons involved are excluded from marketing. In addition, these …
Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life-Decision-Making-Advocates Are Not Out To Get Them, Kathy L. Cerminara
Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life-Decision-Making-Advocates Are Not Out To Get Them, Kathy L. Cerminara
Faculty Scholarship
Kathy Cerminara, Critical Essay: Musings on the Need to Convince Some People with Disabilities That End-of-Life-Decision-Making Advocates are Not Out to Get Them, 37 Loyola University of Chicago Law Journal 343 (2006). As others have noted, the importance of the Terri Schiavo case is not legal; the various Schiavo opinions broke no new legal ground other than the constitutional questions raised when legislatures began intervening to attempt to change the outcome of the end-of-life decision-making rulings. Rather, it was activism by certain disability rights and vitalist groups that so caught the attention of the public, the politicians and the …
Domestic Violence And The Lawyer As Good Samaritan: What Responsibility To Become Involved?, Debra Moss Curtis
Domestic Violence And The Lawyer As Good Samaritan: What Responsibility To Become Involved?, Debra Moss Curtis
Faculty Scholarship
In the United States, "Good Samaritan" laws are designed to protect from liability--in case things go wrong--those who choose to aid an injured stranger. The idea is to "reduce bystander's hesitation to assist" those in distress. Good Samaritan laws are clearly intended to cover immediate physical harm, as they tend to include the provision of first aid and the relief of the responsibility when trained assistance arrives. In other countries, Good Samaritan laws actually may require citizens to assist people, as long as it would not cause harm to the helper. These legal requirements were famously put into play recently …
Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis
Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis
Faculty Scholarship
This article discusses the ethics of teaching law school. It was not until the 1920s and 1930s that full-time law teachers, rather than part-time practitioners or judges, held the main responsibility for teaching at many law schools. When this shift began to occur, the field of "law professor" was born, and there arose the need for rules in all areas governing law professors, including ethics. Today, most law professors in the United States are members of both the legal and teaching professions and therefore must comply with the ethical rules of each profession. However they may be professionally licensed, law …
Teach The Children Well: Incorporating Cultural Literacy Into The Law School Learning Experience, Debra Moss Curtis
Teach The Children Well: Incorporating Cultural Literacy Into The Law School Learning Experience, Debra Moss Curtis
Faculty Scholarship
This article is an examination of what and how we teach in law school. Much attention has been given to the concept of the Socratic Method and whether teaching in this manner "hides the ball" from students. Rather than focusing on whether the ball is hidden, my work shall focus on whether students know what the ball is in the first place.
For The Benefit Of The Infant: An Introduction To The Symposium To End Child Abuse, Jon M. Garon
For The Benefit Of The Infant: An Introduction To The Symposium To End Child Abuse, Jon M. Garon
Faculty Scholarship
No abstract provided.