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2000

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Full-Text Articles in Law

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2000 Oct 2000

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2000

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison Oct 2000

Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison

UF Law Faculty Publications

This essay begins with a brief discussion of what socioeconomics is. In this section I also address whether one must be well versed in conventional economics in order to apply a socioeconomic perspective. I then discuss the basic themes that are present throughout my contracts class that stem from my interest in socioeconomics. Underlying these themes is the more fundamental goal of devising methodologies for assessing the quality of contracts. By quality, I mean something more and perhaps more subtle than whether the parties have conformed to all the formal requirements. Instead, I encourage students to examine whether all of ...


Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton Oct 2000

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

All Faculty Scholarship

This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government ...


Mid-Atlantic Ethics Committee Newsletter, Summer 2000 Jul 2000

Mid-Atlantic Ethics Committee Newsletter, Summer 2000

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer Jul 2000

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 2000 Apr 2000

Mid-Atlantic Ethics Committee Newsletter, Spring 2000

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford Jan 2000

Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford

Faculty Publications

As the Constitution authorizes Congress to grant copyrights, it subjects the power to a public purpose requirement. Any monopoly Congress grants must be for the purpose of “promot[ing] the progress of science and useful arts.” But one result of Congress enacting the 1976 Act is a potential conflict between the Act and this public purpose requirement. An owner of intellectual property may believe that both copyright law – which mandates disclosure – and trade secret law – which mandates secrecy – can be used simultaneously. To believe that disclosure and secrecy can coexist is doublethink as both cannot be true.

This unconstitutional double ...


The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford Jan 2000

The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford

Faculty Publications

The realm of intellectual property law now changes at an incredible pace, with the courts discarding venerable concepts rapidly. This is not surprising as the transition from a goods-based society to one based on information increases the importance of intellectual property law. Nowhere has this been more apparent than the Federal Circuit’s recent reworking of the scope of federal patent law. Today, it is difficult to imagine anything for which a patent cannot be sought and received. Furthermore, the expansion of the patent law’s scope has a corresponding impact on state powers. Because the patent law serves to ...


The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett Jan 2000

The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett

Faculty of Law - Papers (Archive)

The precautionary principle has been adopted in such a widespread fashion that it is now difficult to find in either the international environmental arena or countries with advanced environmental protection frameworks an environmental policy document, a new environmental law, or even a political statement about environmental management that does not include a reference to the principle or reflect some of the core ideas of the precautionary concept. References to the principle can be found in documents produced by organizations such as the European Environment Agency, the World Trade Organization, and of course the United Nations; in numerous environmental treaties ranging ...


Does Risk To Oneself Increase The Care Owed To Others - Law And Economics In Conflict, Robert Cooter, Ariel Porat Jan 2000

Does Risk To Oneself Increase The Care Owed To Others - Law And Economics In Conflict, Robert Cooter, Ariel Porat

Faculty Scholarship

As applied by courts, the Hand Rule balances the injurer's burden of precaution and the victims' reduction in risk. In this application, risk to oneself does not increase the duty owed to others. Economists, however, use the Hand Rule to minimize social costs, which requires balancing the burden of precaution against the reduction in risk to everyone. For economists, risk to one's self counts in determining the duty owed to others. In cases where precaution reduces joint risk (risk to oneself and others), the usual legal interpretation underestimates the reduction in risk relative to the economic interpretation, often ...


The Fourth Amendment And Common Law, David A. Sklansky Jan 2000

The Fourth Amendment And Common Law, David A. Sklansky

Faculty Scholarship

No abstract provided.


Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank Jan 2000

Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank

Faculty Articles and Other Publications

During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.

Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations ...


The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian Jan 2000

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative ...


A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins Jan 2000

A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by political and legal processes. At its heart, the Article is a legal and historical study of the moral dimension and inherent contradictions facing Adams, in particular, and the American Republic, in general, regarding the existence and persistence of the institution of slavery in a nation built upon ...


"A" Students Go To Court: Is Membership In The National Honor Society A Cognizable Legal Right?, Thomas A. Schweitzer Jan 2000

"A" Students Go To Court: Is Membership In The National Honor Society A Cognizable Legal Right?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


The Salience Of Race, Deborah W. Post Jan 2000

The Salience Of Race, Deborah W. Post

Scholarly Works

No abstract provided.


Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine Jan 2000

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Scholarly Works

Professor Levine examines the atonement model and its relevance to American law. He outlines and explains the necessary steps by the wrongdoer for atonement: repentance, apology, reparation and penance. The wronged party then has the obligation of reconciliation for the process to be complete. Despite the prominent position it has held for millennia in religious thinking, the atonement model is relatively new to American legal theory. Professor Stephen Garvey's attempt to offer a systematic depiction and analysis of the process of atonement and its possible relevance to American law appears to represent the most extensive effort to date. Any ...


Journals Of The Century In Law, Christopher Byrne Jan 2000

Journals Of The Century In Law, Christopher Byrne

Library Staff Publications

In this essay I will humbly add my contribution to this vast literature by ranking the twentieth century's best law journals. I am not treading upon virgin ground. Over the past twenty years a number of scholars have ranked law reviews and journals using a variety of methodologies.


On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar Jan 2000

On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar

Faculty Publications

Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.

Specifically ...