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Florida State University College of Law

2006

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Articles 31 - 57 of 57

Full-Text Articles in Law

Default Rule Opt-Outs And Interest Group Shut-Outs: Citizen Participation And Contractarian Innovation In Environmental Law, J.B. Ruhl Jan 2006

Default Rule Opt-Outs And Interest Group Shut-Outs: Citizen Participation And Contractarian Innovation In Environmental Law, J.B. Ruhl

Florida State University Law Review

No abstract provided.


Incomplete Contracts In A Complete Contract World, Scott Baker, Kimberley D. Krawiec Jan 2006

Incomplete Contracts In A Complete Contract World, Scott Baker, Kimberley D. Krawiec

Florida State University Law Review

No abstract provided.


Toward A Political Theory Of Constitutional Default Rules, John Ferejohn, Barry Friedman Jan 2006

Toward A Political Theory Of Constitutional Default Rules, John Ferejohn, Barry Friedman

Florida State University Law Review

No abstract provided.


Contracting Away Rights: A Comment On Daniel Farber's "Another View Of The Quagmire", Steven G. Gey Jan 2006

Contracting Away Rights: A Comment On Daniel Farber's "Another View Of The Quagmire", Steven G. Gey

Florida State University Law Review

No abstract provided.


Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig Jan 2006

Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig

Florida State University Law Review

No abstract provided.


A Consent Theory Of Unconscionability: An Empirical Study Of Law In Action, Larry A. Dimatteo, Bruce Louis Rich Jan 2006

A Consent Theory Of Unconscionability: An Empirical Study Of Law In Action, Larry A. Dimatteo, Bruce Louis Rich

Florida State University Law Review

No abstract provided.


Opting Out Of Public School Curricula: Free Exercise And Establishment Clause Implications, Shane Ramsey Jan 2006

Opting Out Of Public School Curricula: Free Exercise And Establishment Clause Implications, Shane Ramsey

Florida State University Law Review

No abstract provided.


Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David Reiss Jan 2006

Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David Reiss

Florida State University Law Review

No abstract provided.


There Are No Penalty Default Rules In Contract Law, Eric A. Posner Jan 2006

There Are No Penalty Default Rules In Contract Law, Eric A. Posner

Florida State University Law Review

No abstract provided.


Information-Forcing Environomental Regulation, Bradley C. Karkkainen Jan 2006

Information-Forcing Environomental Regulation, Bradley C. Karkkainen

Florida State University Law Review

No abstract provided.


Another View Of The Quagmire: Unconstitutional Conditions And Contract Theory Daniel A. Farber, Daniel A. Farber Jan 2006

Another View Of The Quagmire: Unconstitutional Conditions And Contract Theory Daniel A. Farber, Daniel A. Farber

Florida State University Law Review

No abstract provided.


The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón Jan 2006

The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón

Scholarly Publications

As is well known, the doctrine of humanitarian intervention raises a host of thorny issues: the threshold for intervention, the question of proportionality, the problem of last resort, the dilemma of whether or not to codify standards and procedures, and so forth. In this paper I will not address those issues; crucial and controversial as they are; I will assume that they have been somehow settled. I will also assume that it is desirable to find alternatives to unilateral intervention. The question, then, becomes this: who should authorize humanitarian intervention? Any acceptable authorizing procedure must avoid over-intervention and abuse on …


Prevention Of Double Deductions Of A Single Loss: Solutions In Search Of A Problem, Jeffrey H. Kahn, Douglas A. Kahn Jan 2006

Prevention Of Double Deductions Of A Single Loss: Solutions In Search Of A Problem, Jeffrey H. Kahn, Douglas A. Kahn

Scholarly Publications

No abstract provided.


A Cognitive Theory Of Trust, Erin O'Hara O'Connor, Claire A. Hill Jan 2006

A Cognitive Theory Of Trust, Erin O'Hara O'Connor, Claire A. Hill

Scholarly Publications

No abstract provided.


The Temporally Extended Family & Self-Control: An Essay For Lee E. Teitelbaum, Manuel A. Utset Jan 2006

The Temporally Extended Family & Self-Control: An Essay For Lee E. Teitelbaum, Manuel A. Utset

Scholarly Publications

No abstract provided.


Building The Emotionally Learned Negotiator, Erin Ryan Jan 2006

Building The Emotionally Learned Negotiator, Erin Ryan

Scholarly Publications

This piece reviews three recent books on the significance of emotion in negotiation and dispute resolution (Fisher & Shapiro: Beyond Reason: Using Emotions as You Negotiate; Peter Ladd: Mediation, Conciliation and Emotion: A Practitioner's Guide for Understanding Emotions in Dispute Resolution; and Lacey Smith: Get It! Street-Smart Negotiation at Work: How Emotions Get You What You Want), situating each work within a theory of practice for emotionally learned negotiators. After discussing the how the appearance of emotional sterility became synonymous with professionalism (and the toll this has taken on professional interaction), the piece sets forth a functional theory of emotion …


New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Erin Ryan Jan 2006

New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Erin Ryan

Scholarly Publications

This is a tale of two disappearing wetlands - those surrounding Louisiana's Gulf Coast and those fringing the Chesapeake Bay - each providing new insight into the old quandary of unintended consequences that lies at the center of natural resource management. Louisiana's losses follow three hundred years of natural resource engineering to accomplish effective flood control along the Mississippi River, while the Chesapeake losses follow implementation of among the most meticulous wetlands-protection programs of its time. And yet, New Orleans suffered a catastrophic flood, and Chesapeake wetlands continue to disappear. How could this happen? Call it the "Natural Resources Law …


What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli Jan 2006

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser Jan 2006

The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Paradoxical Nature Of The Sarbanes-Oxley Act As It Relates To The Practitioner Representing A Multinational Corporation, Jason Thompson Jan 2006

The Paradoxical Nature Of The Sarbanes-Oxley Act As It Relates To The Practitioner Representing A Multinational Corporation, Jason Thompson

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Strengthening Investor Confidence In Europe: U.S.-Style Securities Class Actions And The Acquis Communautaire, Stefano M. Grace Jan 2006

Strengthening Investor Confidence In Europe: U.S.-Style Securities Class Actions And The Acquis Communautaire, Stefano M. Grace

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The U.S. Constitution And International Law: Finding The Balance, Christopher Linde Jan 2006

The U.S. Constitution And International Law: Finding The Balance, Christopher Linde

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Recent Developments, John Merritt Lockwood Jan 2006

Recent Developments, John Merritt Lockwood

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Iraqi Civil Law: Its Sources, Substance, And Sundering, Dan E. Stigall Jan 2006

Iraqi Civil Law: Its Sources, Substance, And Sundering, Dan E. Stigall

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon Jan 2006

Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han Jan 2006

Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han

Florida State University Journal of Transnational Law & Policy

No abstract provided.


A Collective Rights Society For The Digital Age, John Maloney Jan 2006

A Collective Rights Society For The Digital Age, John Maloney

Florida State University Journal of Transnational Law & Policy

No abstract provided.