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Articles 1 - 30 of 57
Full-Text Articles in Entire DC Network
Judaism Without Ordinary Law: Toward A Broader View Of Sanctification, Jonathan R. Cohen
Judaism Without Ordinary Law: Toward A Broader View Of Sanctification, Jonathan R. Cohen
UF Law Faculty Publications
With the functional constriction of Jewish law to the ritual, it is easy to relegate Torah and, with it, our sense of sanctification, to the ritual. Such is a great loss. Recognizing sanctification as not only separation but also elevation may help us see the possibility of pursuing sanctification throughout our lives. In other words, the legal constriction produced by history should not become a spiritual one as well.
On Disposable People And Human Well-Being: Health, Money And Power, Berta E. Hernández-Truyol
On Disposable People And Human Well-Being: Health, Money And Power, Berta E. Hernández-Truyol
UF Law Faculty Publications
The foundational premise of this essay is that health and well-being are human rights issues. My focus on this theme, specifically within the human rights paradigm, is new, passionate, and personal. On December 15, 2005, just three months before the conference that prompted the writing of this essay, I lost my partner of over 20 years. She fought a valiant, strong, and dignified fight against cancer--a journey I traveled with her. During that time I learned much about health systems and health care. Most saliently, notwithstanding the reality of the extraordinarily good care she ultimately received, I realized there is …
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
UF Law Faculty Publications
Upholding the principle that school districts, as state actors, shall not deprive a student of liberty or property without due process of law, courts have expanded for more than four decades the Fourteenth Amendment's due process protection of public school students. Understanding this principle is essential to representing children in school discipline proceedings. Before presenting a practical guide to representing students in these proceedings, we offer a brief history of due process protection for children.
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
UF Law Faculty Publications
When people think of sex discrimination, they tend to think of glass-ceiling discrimination and sexual harassment. This article describes and documents a rapidly expanding area of employment discrimination law: family responsibilities discrimination, or "FRD." FRD is employment discrimination against people based on their caregiving responsibilities, whether for children, elderly parents, or ill partners. FRD includes both "maternal wall" discrimination -- the equivalent of the glass ceiling for mothers -- and discrimination against men who participate in childcare or provide care for other family members.
An Instrumental Theory Of Market Power And Antitrust Policy, Jeffrey L. Harrison
An Instrumental Theory Of Market Power And Antitrust Policy, Jeffrey L. Harrison
UF Law Faculty Publications
Since Judge Hand's pivotal opinion in United States v. Aluminum Company of America (Alcoa), the possession of monopoly power has been treated as presumptively legal. The focus of the antitrust laws since then has been on defining when that power is abused. This approach to market power cannot be squared with the prevailing view that antitrust law is grounded in economic theory. To understand why, one must see market power for what it is: the ability of a firm to raise prices above competitive levels and to profitably keep them there. Seen in this light, market power is indistinguishable from …
Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee
Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee
UF Law Faculty Publications
This essay inquires into the political economy and system of governance that have made catastrophes more frequent and severe. The system of governance that is designed to mitigate risk and respond to catastrophes can be ineffective, or worse, increase the risk of harm through unintended consequences. Human influence must be considered a source of collateral risk, the kind that leads to a systemic crisis or exacerbates one. This essay concludes with some brief proposals, discussion topics more than completed ideas, which may facilitate further academic and political dialogue on effective governance and public risk management. They include a catastrophe tax, …
A Consent Theory Of Unconscionability: An Empirical Study Of Law In Action, Larry A. Dimatteo, Bruce L. Rich
A Consent Theory Of Unconscionability: An Empirical Study Of Law In Action, Larry A. Dimatteo, Bruce L. Rich
UF Law Faculty Publications
This Article provides the findings of an empirical study of 187 court cases in which the issue of the unconscionability of a contract or a contract term was addressed by the courts. The cases were drawn from two time periods. The first set of cases can be viewed as the first generation of Uniform Commercial Code (U.C.C.)-style unconscionability cases from 1968-1980. The second generation of unconscionability cases were from the time period of 1991-2003. The two groups of cases allow us to not only analyze a series of questions and factors, but also to make intergenerational or longitudinal observations. The …
Supreme Guidance For Wet Growth: Lessons From The High Court On The Powers And Responsibilities Of Local Governments, Michael Allan Wolf
Supreme Guidance For Wet Growth: Lessons From The High Court On The Powers And Responsibilities Of Local Governments, Michael Allan Wolf
UF Law Faculty Publications
Before the merger of water law and land use planning can occur, local and state regulators need strong guidance from experts in the field, not only in extra-legal fields such as planning, hydrology, geology, engineering, biology, and transportation, but also in mainstream legal areas including legislation (local, state, and federal), administrative law, and enforcement. The purpose of this article is to identify a somewhat unorthodox source of guidance - the United States Supreme Court, specifically the Rehnquist Court from October, 1984, through June, 2005, a period of remarkable stability for the nation’s highest tribunal.
Lipstick, Light Beer, And Backloaded Savings Accounts, Karen C. Burke, Grayson M.P. Mccouch
Lipstick, Light Beer, And Backloaded Savings Accounts, Karen C. Burke, Grayson M.P. Mccouch
UF Law Faculty Publications
The article addresses current proposals for expanding tax-preferred individual savings accounts and their implications for retirement security and tax policy. The authors argue that the yield-exempt approach embraced by the Bush Administration in its proposals is likely to generate enormous long-term revenue losses, exacerbate inequalities in income and wealth, and erode broad-based coverage under employer-sponsored retirement plans. In addition to these fiscal and distributional concerns, they conclude that the proposals pose a serious obstacle to fundamental tax reform.
Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison
Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison
UF Law Faculty Publications
Periodically in the popular press and even in academic circles, the question arises of whether professors should be granted lifetime employment contracts based on a sample of four to six years of a probationary period. Further clouding the issue of how easily tenure should be granted is the question of what determines tenure. Is it a reward for past efforts or based on a forecast of future productivity? These concepts may seem like the same thing but they are not. Accordingly, the huge commitment of resources that occurs when tenure is granted paired with the Author's observations of pre-tenure scholars …
Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros
Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros
UF Law Faculty Publications
The new form of slavery comes by that relatively innocuous title, “trafficking.” Trafficking is an illustration of the dynamic character of the social and antisocial forces that conspire to undermine the idea of human dignity in the world community. The forms of crime are in fact dynamic. Frequently the institutional forces behind crime have capital, lethal functionaries, technology, and a capacity to advance criminal interests, both within states and across state lines. To the extent that crime itself is dynamic it must as well be acknowledged that human rights violations in general also have a dynamic character. In short, when …
Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
UF Law Faculty Publications
Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart. Their …
The Opacity Of Transparency, Mark Fenster
The Opacity Of Transparency, Mark Fenster
UF Law Faculty Publications
The normative concept of transparency, along with the open government laws that purport to create a transparent public system of governance, promises the moon -- a democratic and accountable state above all, and a peaceful, prosperous, and efficient one as well. But transparency, in its role as the theoretical justification for a set of legal commands, frustrates all parties affected by its ambiguities and abstractions. The public's engagement with transparency in practice yields denials of reasonable requests for essential government information, as well as government meetings that occur behind closed doors. Meanwhile, state officials bemoan the significantly impaired decision-making processes …
Ria Federal Tax Handbook 2006 (Book Review), Elizabeth Outler
Ria Federal Tax Handbook 2006 (Book Review), Elizabeth Outler
UF Law Faculty Publications
Review and explanation of the features of the RIA Federal Tax Handbook.
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
UF Law Faculty Publications
Deciding who should be a child's legal parents at birth seems a simple task. Instinctively, the answer is the child's biological mother and father. Historically, the answer would have been different depending on whether the child was born within a marriage or not; marriage trumped biology, at least with respect to fathers. A husband was generally presumed to be the father of a child born to his wife, even if there was no genetic connection. A number of changes have moved parentage away from the marital/genetic/patriarchal model that valued the marital family above genes or social fatherhood. Modern principles of …
Unnatural Selection: The Fundamentalist Crusade Against Evolution And The New Strategies To Discredit Darwin, Randall W. Hall
Unnatural Selection: The Fundamentalist Crusade Against Evolution And The New Strategies To Discredit Darwin, Randall W. Hall
University of Florida Journal of Law & Public Policy
No abstract provided.
Justice O'Connor And The Rule Of Law, Eric J. Segall
Justice O'Connor And The Rule Of Law, Eric J. Segall
University of Florida Journal of Law & Public Policy
No abstract provided.
Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison
Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison
University of Florida Journal of Law & Public Policy
No abstract provided.
The Legal Status Of Pregnant And Parenting Youth In Foster Care, Eve Stotland, Cynthia Godsoe
The Legal Status Of Pregnant And Parenting Youth In Foster Care, Eve Stotland, Cynthia Godsoe
University of Florida Journal of Law & Public Policy
No abstract provided.
Blameworthiness, Intent, And Cultural Dissonance: The Unequal Treatment Of Cultural Defense Defendants, Nancy S. Kim
Blameworthiness, Intent, And Cultural Dissonance: The Unequal Treatment Of Cultural Defense Defendants, Nancy S. Kim
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: The First Amendment's Effects On Congressional Efforts To Protect Minors From Obscenity On The Internet, Jonathan D. Wallace
Constitutional Law: The First Amendment's Effects On Congressional Efforts To Protect Minors From Obscenity On The Internet, Jonathan D. Wallace
University of Florida Journal of Law & Public Policy
No abstract provided.
Deconstructing The Cultural Evidence Debate, Janet C. Hoeffel
Deconstructing The Cultural Evidence Debate, Janet C. Hoeffel
University of Florida Journal of Law & Public Policy
No abstract provided.
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille A. Nelson
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille A. Nelson
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: Correlation Between Standards Of Evidence To The Nature And Magnitude Of Individuals' Rights At Stake Gonzalez V. Raich, 125 S. Ct. 2195 (2005), Fair C. Kim
University of Florida Journal of Law & Public Policy
No abstract provided.
Can Parachurch Organizations Hire And Fire On The Basis Of Religion Without Violating Title Vii?, Thomas M. Messner
Can Parachurch Organizations Hire And Fire On The Basis Of Religion Without Violating Title Vii?, Thomas M. Messner
University of Florida Journal of Law & Public Policy
No abstract provided.
Culture In Our Midst, Elaine M. Chiu
Culture In Our Midst, Elaine M. Chiu
University of Florida Journal of Law & Public Policy
No abstract provided.
Trial By Jury Or By Military Tribunal For Accused Terrorist Detainees Facing The Death Penalty? An Examination Of Principles That Transcend The U.S. Constitution, Benjamin V. Madison Iii
Trial By Jury Or By Military Tribunal For Accused Terrorist Detainees Facing The Death Penalty? An Examination Of Principles That Transcend The U.S. Constitution, Benjamin V. Madison Iii
University of Florida Journal of Law & Public Policy
No abstract provided.
Down To The Wire: Assessing The Constitutionality Of The National Security Agency's Warrantless Wiretapping Program: Exit The Rule Of Law, Fletcher N. Baldwin Jr., Robert B. Shaw
Down To The Wire: Assessing The Constitutionality Of The National Security Agency's Warrantless Wiretapping Program: Exit The Rule Of Law, Fletcher N. Baldwin Jr., Robert B. Shaw
University of Florida Journal of Law & Public Policy
No abstract provided.
The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine
The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine
University of Florida Journal of Law & Public Policy
No abstract provided.
New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn
New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn
University of Florida Journal of Law & Public Policy
No abstract provided.