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Articles 1 - 30 of 42
Full-Text Articles in Law
The Professional, Fall 2016, Henry Latimer Center For Professionalism
The Professional, Fall 2016, Henry Latimer Center For Professionalism
The Professional Newsletter
The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.
Third Annual Lecture On Legal Education With Jennifer L. Mnookin Of Ucla Law Part Ii, "Constructing Evidence And Educating Juries: The Case For Modular, Made-In-Advance Expert Evidence About Eyewitness Identifications And False Confessions", Jennifer L. Mnookin
Faculty Workshops
Professor Jennifer L. Mnookin, now affiliated with The University of Wisconsin Law School, presented her work Constructing Evidence and Educating Juries: The Case for Modular, Made-in-Advance Expert Evidence About Eyewitness Identifications and False Confessions. This work examines the comparison of the idea of modular testimony to several alternative methods for trying to reduce the dangers of inaccurate eyewitness identifications and false confessions.
The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie
The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie
Faculty Publications
In little more than a decade, the International Criminal Court (ICC) has received nearly 11,000 requests for its Prosecutor to conduct atrocity investigations around the globe. To date, no such communication has resulted in an official investigation. Nevertheless, the act of publicizing these investigation requests has proven to be an effective, attention-getting tool that can achieve valuable, alternative goals. This fact explains the increasing popularity of “strategic communications” — highly publicized investigation requests aimed not at securing any ICC-related activity, but at obtaining some non-Court related advantage. This Article, which is the first to identify this trend, explains why the …
Rerum Novarum: New Things And Recent Paradigms Of Property Law, M C. Mirow
Rerum Novarum: New Things And Recent Paradigms Of Property Law, M C. Mirow
Faculty Publications
The two most recent paradigmatic moments in the development of property law were the construction of "social property" about a hundred years ago and of "international property" quite recently. This study analyses two important texts as illustrations of these changes: Leo XIII's encyclical Rerum Novarum (1891) and John Sprankling's book The International Law of Property (2014). Each text signals a paradigm shift in our understanding of property.
For Shame: When High-Profile Shaming Is The Only Way To Get Things Discussed And Done, Kerri Lynn Stone
For Shame: When High-Profile Shaming Is The Only Way To Get Things Discussed And Done, Kerri Lynn Stone
Faculty Publications
In recent years, the sports world has experienced a complex relationship with sex discrimination and bullying. On one hand, well-publicized incidents of bullying, domestic violence, discrimination, and abuse have operated to alienate players, teams, and leagues from many of their fans. In some cases, these incidents have even led to rehabilitative public relations campaigns to combat the damage done to their public image. On the other hand, the fact that so many high profile incidents have occurred in such a public, much-talked-about sphere has actually served to aerate and vet issues in the court of popular opinion that would otherwise …
Flagrant Police Abuse: Why Black Lives (Also) Matter To The Fourth Amendment, Joelle A. Moreno
Flagrant Police Abuse: Why Black Lives (Also) Matter To The Fourth Amendment, Joelle A. Moreno
Faculty Publications
No abstract provided.
The Professional, Spring 2016, Henry Latimer Center For Professionalism
The Professional, Spring 2016, Henry Latimer Center For Professionalism
The Professional Newsletter
The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.
Laws Of Conception: A Queer Genealogy Of Canada’S Assisted Human Reproduction Act, Stu Marvel
Laws Of Conception: A Queer Genealogy Of Canada’S Assisted Human Reproduction Act, Stu Marvel
FIU Law Review
No abstract provided.
Regulating The Moneychangers, Jerry W. Markham
Regulating The Moneychangers, Jerry W. Markham
Faculty Publications
No abstract provided.
Regulating The U.S. Treasury Market, Jerry W. Markham
Regulating The U.S. Treasury Market, Jerry W. Markham
Faculty Publications
The market for U.S. Treasury securities is critical to our monetary policy and government funding. It also serves as a benchmark for pricing other investments and has provided a haven for investors seeking safety and stability. However, concern has recently arisen that “primary dealers” in that market might have manipulated prices. In addition, an unusual market volatility event that occurred in October 2014, and the growth of high-frequency trading have raised further questions over the adequacy of regulation in that market. This article addresses those concerns. It first describes the U.S. Treasury market and identifies efforts by traders over the …
Whole Woman's Health And The Supreme Court's Kaleidoscopic Review Of Constitutional Rights, Elizabeth Price Foley
Whole Woman's Health And The Supreme Court's Kaleidoscopic Review Of Constitutional Rights, Elizabeth Price Foley
Faculty Publications
No abstract provided.
Just A Bit Aside, Howard Wasserman
Just A Bit Aside, Howard Wasserman
Faculty Publications
In "Time to Drop the Infield Fly Rule and End a Common Law Anomaly," Judge Andrew Guilford and Joel Mallord offer the first cohesive scholarly critique of baseball's venerated and venerable Infield Fly Rule. They argue that the rule is grounded in outdated notions of sportsmanship and opposition to deception and that the game would be more exciting if players could be left to their own strategic and skillful devices on infield fly balls. This Response Essay builds on my previous work to argue that, properly understood, the Infield Fly Rule is justified, necessary, and appropriate in order to to …
Evidence Of The Military's Sexual Assault Blind Spot, Eric R. Carpenter
Evidence Of The Military's Sexual Assault Blind Spot, Eric R. Carpenter
Faculty Publications
In response to the American military's perceived inability to handle sexual assault cases, many members of Congress have lost confidence in those who run the military justice system. Critics say that those who run the military justice system are sexist and perceive sexual assault cases differently than the public does. This article is the first to empirically test that assertion. Further, this is the first study to focus on the military population that matters – those who actually run the military justice system. This study finds that this narrow military population endorses two constructs that are associated with the acceptance …
The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins
The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins
Faculty Publications
The Endangered Species Act (ESA) was designed to protect species that had been rendered more vulnerable to extinction as a result of human activity. As such, its implementation has traditionally focused on keeping human beings away from such species and giving the species (and their ecosystems) space to heal on their own. Climate change is altering the landscape everywhere on the globe, rendering the hands-off approach no longer sufficient. Active interventions will become more necessary as we get further into the changing climate. Taking decisive action in response to climate change will also require a fundamental shift in our approach …
Holmes And Brennan, Howard Wasserman
Holmes And Brennan, Howard Wasserman
Faculty Publications
This article jointly examines two legal biographies of two landmark First Amendment decisions and the justices who produced them. In The Great Dissent (Henry Holt and Co. 2013), Thomas Healy explores Oliver Wendell Holmes’s dissent in Abrams v. United States (1919), which arguably laid the cornerstone for modern American free speech jurisprudence. In The Progeny (ABA 2014), Stephen Wermiel and Lee Levine explore William J. Brennan’s majority opinion in New York Times v. Sullivan (1964) and the development and evolution of its progeny over Brennan’s remaining twenty-five years on the Court. The article then explores three ideas: 1) the connections …
Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa Rodriguez-Dod, Aileen M. Marty, Elena Marty-Nelson
Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa Rodriguez-Dod, Aileen M. Marty, Elena Marty-Nelson
Faculty Publications
In February 2016, the World Health Organization (WHO) declared a “public health emergency of international concern” due to the increased clusters of microcephaly, Guillain-Barré Syndrome, and other neurological disorders in areas affected by the Zika virus. That declaration came in the wake of the West Africa Ebola crisis. Back to back declarations by WHO of the highest threat level for an international public health emergency underscores how quickly pathogens can now spread and cause devastation across borders. It also highlights the need to implement lessons learned from each pandemic crisis without delay. These crises demonstrate that laws to curtail the …
Human Development As A Core Objective Of Global Intellectual Property, J. Janewa Oseitutu
Human Development As A Core Objective Of Global Intellectual Property, J. Janewa Oseitutu
Faculty Publications
Global intellectual property obligations shape domestic laws and policies. More than twenty years since the first multilateral trade-based intellectual property agreement, critics contend that global intellectual property law prioritizes intellectual property rights over other interests, and profits over people. Faced with international intellectual-property obligations, nations have been forced to justify laws and policies designed to promote human development in areas such as health and education as exceptions to intellectual property protection. This is the result of legal interpretations that treat the objectives of intellectual property protection and human development as inconsistent with one another. Drawing on the objectives of trade …
The Abuse Of Executive Power: Getting Beyond The Streetlight Effect ., David E. Bernstein
The Abuse Of Executive Power: Getting Beyond The Streetlight Effect ., David E. Bernstein
FIU Law Review
No abstract provided.
Category Errors And Executive Power, Jonathan H. Adler
Category Errors And Executive Power, Jonathan H. Adler
FIU Law Review
No abstract provided.
Vertical Federalism, The New States’ Rights, And The Wisdom Of Crowds, Ronald D. Rotunda
Vertical Federalism, The New States’ Rights, And The Wisdom Of Crowds, Ronald D. Rotunda
FIU Law Review
No abstract provided.
State Legalization Of Marijuana As A “Diagonal Federalism” Problem, Brannon P. Denning
State Legalization Of Marijuana As A “Diagonal Federalism” Problem, Brannon P. Denning
FIU Law Review
No abstract provided.
Aging Disgracefully: Do Economic Laws Remain Rational In Spite Of Changed Circumstances?, Johanna Talcott
Aging Disgracefully: Do Economic Laws Remain Rational In Spite Of Changed Circumstances?, Johanna Talcott
FIU Law Review
No abstract provided.
How Radical Is Reproductive Justice? Remarks For The Fiu Law Review Symposium, Rachel Rebouche´
How Radical Is Reproductive Justice? Remarks For The Fiu Law Review Symposium, Rachel Rebouche´
FIU Law Review
No abstract provided.
Avoiding Tax Avoidance: A Rational Proposal To Close Existing Loopholes In The U.S. Corporate Tax System, Davide Proietti
Avoiding Tax Avoidance: A Rational Proposal To Close Existing Loopholes In The U.S. Corporate Tax System, Davide Proietti
FIU Law Review
No abstract provided.
Evading The Treaty Power?: The Constitutionality Of Nonbinding Agreements, Michael D. Ramsey
Evading The Treaty Power?: The Constitutionality Of Nonbinding Agreements, Michael D. Ramsey
FIU Law Review
No abstract provided.
Legislative Atrophy, Jesse Panuccio
State Court Judges Are Not Bound By Nonoriginalist Supreme Court Interpretations, Lee J. Strang
State Court Judges Are Not Bound By Nonoriginalist Supreme Court Interpretations, Lee J. Strang
FIU Law Review
No abstract provided.