Law Commons^™

Localism As A Production Imperative: An Alternative Framework To Promoting Intangible Cultural Heritage And Expressions Of Folklore, Jon M. Garon

Jon M. Garon

In the United States, the policy of localism – the legislative goal of fostering local community expression and competence to deliver local content – finds its home in the Telecommunications Act rather than either the Copyright Act or Trademark Act. Other nations have introduced values of localism into trade policy, content distribution rules, and international efforts to protect intangible cultural heritage and expressions of folklore.Jurisdictions in every continent are struggling to address the pressures of globalism through efforts to protect indigenous peoples’ and minority communities’ languages and culture. These efforts take many forms. Nations have introduced efforts to protect these …

The Illusory Imputation Of Income In Marital Settlement Agreements: "The Future Ain't What It Used To Be", Timothy L. Arcaro, Laura Miller Cancilla

Faculty Scholarship

No abstract provided.

Ilsa Journal Of International And Comparative Law-Volume 17-2010-2011, Nathaniel G. Dutt, Reasey Ngoun-Colon, Stephanie A. Fensterscheib, William L. Tucker, Nazarena Celeste Ocon, Christine M. Whited, Retta Jane Rico, Stephanie M. Taylor, Corey K. Setterlund

ILSA Journal Mastheads

No abstract provided.

Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, James Wilets

Faculty Scholarship

There has been extensive jurisprudential literature positing that the structure, values and processes of the American legal and educational system, focusing heavily on adversarial battle among parties in court, and competition in law school, are fundamentally "male-centered." This "male-female" construct suggests that there is an essential dichotomy between the two genders with respect to resolving disputes that is reflected in the legal system, and that this male-female dichotomy is harmful to all participants and perhaps to justice itself.

This article expands upon this literature by arguing that many of the dysfunctional characteristics of the American legal system labeled "male" in …

Gideon'S Ghost: Providing The Sixth Amendment Right To Counsel In Times Of Budgetary Crisis, Heather P. Baxter

Faculty Scholarship

This Article discusses how the budget crisis, caused by the recent economic downturn, has created a constitutional crisis with regard to the Sixth Amendment Right to Counsel. The landmark case of Gideon v. Wainwright required states, under the Sixth Amendment, to provide free counsel to indigent criminal defendants. However, as a result of the current financial crisis, many of those who represent the indigent have found their funding cut dramatically. Consequently, Gideon survives, if at all, only as a ghostly shadow prowling the halls of criminal justice throughout the country.

This Article analyzes specific budget cuts from various states and …

"Is It Legal?": An American Law Professor's Tribute To An English Lawyer Tv Sitcom, Robert M. Jarvis

Robert M. Jarvis

This paper introduces readers to a forgotten 1990s English TV sitcom called "Is It Legal?" and then compares it to a similar American TV sitcom called "Sparks." In the course of describing the show's characters and plots, the paper discusses the regulation of attorneys, the functioning of law firms, and the business aspects of the television industry.

Curriculum Mapping: Bringing Evidence-Based Frameworks To Legal Education, Debra Moss Curtis, David M. Moss

Faculty Scholarship

This article explains the concept of curriculum mapping as used in the education profession and explains how it was applied in a mapping initiative at the NSU Law Center. Curriculum mapping is a process by which education professionals “document their own curriculum, then share and examine each other’s curriculums for gaps, overlaps, redundancies and new learning, creating a coherent, consistent, curriculum within and across areas that is ultimately aligned to standards and responsive to student data and other initiatives.” While this process has been used for many years in other areas of education, it is fairly new to legal education. …

How To Use A Tube Top And A Dress Code To Demystify The Predictive Writing Process And Build A Framework Of Hope During The First Weeks Of Class, Camille Lamar

Faculty Scholarship

No abstract provided.

A Unified Theory Of International Law, The State, And The Individual: Transnational Legal Harmonization In The Context Of Economic And Legal Globalization, James D. Wilets

Faculty Scholarship

This Article presents an original theory of international law which reconciles the norm-making processes occurring at the international, state, and individual levels. It is the central thesis of this paper that economic globalization is not happening in a vacuum, but it is rather engendering legal globalization, much in the way that centralized regulation followed trans-state economic globalization within the United States and Europe.

Traditional definitions of international law do not address this phenomenon and consider these new forms of transnational norm creation as simply exceptions to the general rule that international law is created by nation-states within the framework of …

La Caja De Pandora: Improving Access To Hospice Care Among Hispanic And African-American Patients, Kathy L. Cerminara, Alina M. Perez

Faculty Scholarship

Many patients clinging to hope in the form of potentially curative treatment could benefit from hospice services, but, for the most part, it is not until the patient accepts the finality of his or her condition that the physical, psychological and social benefits of hospice care become accessible to the patient and his or her family. Under current Medicare regulations and other health care payers’ policies, patients must abandon the hope of curative treatment before opting for hospice services. As a result, many terminally ill patients access the services late, sometimes a few hours before death. Scholars have proposed that …

Walking The Legal Tightrope: Solutions For Achieving A Balanced Life In Law, Leslie L. Cooney

Faculty Scholarship

For over twenty years, issues surrounding women and their status in the legal profession have been documented, analyzed, and reported. The American Bar Association (ABA) Commission on Women in its 1988 study concluded that a thorough reexamination of attitudes and structures within the legal profession was needed to remedy the underrepresentation of women in the positions of power within the profession-law firm partnerships and judicial appointments. Nearly a decade later, the ABA Commission on Women found that little progress had been made in female representation and concluded the mere passage of time alone would not render sufficient corrections. Although the …

Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio

Faculty Scholarship

No abstract provided.

With A Little Help From My Friends: The Attorney's Role In Assisting Pro Se Litigants In Negotiations, Lynn A. Epstein

Faculty Scholarship

In these difficult economic times, more litigants are attempting to handle their lawsuits without hiring attorneys. Even without seeking formal representation, these pro se litigants may want some assistance from attorneys. This advice seeking may be especially prevalent in the area ofnegotiation where no formalized procedures are in place but where the consequences of an inadequate settlement are disastrous for the self-represented Attorneys may want to assist pro se litigants in their negotiations but feel reluctant to do soforfear of triggering an attorney-client relationship and its accompanying malpractice exposure. Attorneys who are reluctant to give informal advice to pro se …

Introduction: Remembering Stephanie Feldman Aleong, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Introduction: Remembering Stephanie Feldman Aleong, 34 Nova Law Review 565 (2010).

Walking The Legal Tightrope: Solutions For Achieving A Balanced Life In Law, Leslie Larkin Cooney

Faculty Scholarship

Leslie Cooney, Walking the Legal Tightrope: Solutions for Achieving a Balanced Life in Law, 47 San Diego Law Review 421 (2010). For over twenty years, issues surrounding women and their status in the legal profession have been documented, analyzed, and reported. The American Bar Association (ABA) Commission on Women in its 1988 study concluded that a thorough reexamination of attitudes and structures within the legal profession was needed to remedy the underrepresentation of women in the positions of power within the profession-law firm partnerships and judicial appointments. Nearly a decade later, the ABA Commission on Women found that little …

Financial Disclosure On Death Or Divorce: Balancing Privacy Of Information With Public Access To The Courts, Donna Litman

Faculty Scholarship

No abstract provided.

Law School Histories: A Panel Discussion, Robert M. Jarvis

Faculty Scholarship

No abstract provided.

Recovering Texas History: Tejanos, Jim Crow, Lynchings & The University Of Texas School Of Law, Jose R. "Beto" Juarez

Faculty Scholarship

No abstract provided.

The Nova Southeastern Lawyer, 2010, Volume 12, Number 12, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Shepard Broad Law Center Mission And Vision, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

Reviewing Carbon Charges And Free Allowances Under Environmental Law And Principles, Steve Charnovitz

ILSA Journal of International & Comparative Law

In late June 2009, a slim majority of the U.S. House of Representatives enacted the American Clean Energy and Security Act

The Treaty Of Lisbon And Human Rights, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

On December 1, 2009, the Treaty of Lisbon, 1 also called the Treaty on the Functioning of the European Union, entered into force.

Direct Taxation In The European Union: Past Trends And Future Developments, Tracy A. Kaye

ILSA Journal of International & Comparative Law

Within the realm of taxation, the European Union seeks a balance between the national sovereignty of its Member States and the goal of a harmonized internal market.

The Americanization Of Constitutional Law And Its Paradoxes: Constitutional Theory And Constitutional Jurisdiction In The Contemporary World, Luis Roberto Barroso

ILSA Journal of International & Comparative Law

Contemporary democracies-both long-standing and recently- established-follow a standard that was established in the United States over the past two hundred years.

Contemporary And Historical Comparison Of American And Brazilian Legal Efforts To Corral Digital Music Piracy And P2p Software, Nolan Garrido

ILSA Journal of International & Comparative Law

Today, legal purchases of music from online retailers are skyrocketing. Digital music sales across the globe reached 2.9 billion dollars in 2007, up forty percent from the previous year.'

The Special Measures Mandate Of The International Convention On The Elimination Of All Forms Of Racial Discrimination: Lessons From The United States And South Africa, Connie De La Vega

ILSA Journal of International & Comparative Law

The International Convention on the Elimination of all Forms of Racial Discrimination' (CERD) is the United Nations main treaty

How Are Accountability Standards Implemented In The International Agricultural Research Centers?, Osmat A. Jefferson

ILSA Journal of International & Comparative Law

First, I would like to thank the panel members, in particular, Mr. Edward Flaherty, for inviting me to participate in this meeting. I am most grateful for this kind invitation.

Why Should International Law Be Concerned About State Failure?, Chiara Giorgetti

ILSA Journal of International & Comparative Law

In the last fifty years, the international community has undergone a transformation, as social, economic, and political dynamics have been altered.

International Organization Reform Or Impunity? Immunity Is The Problem, Great L. Rios, Edward P. Flaherty

ILSA Journal of International & Comparative Law

'No one can read the significant Supreme Court cases on sovereign immunity... without concluding that the field is a mass of confusion; and if he ventures beyond that to attempt some reconciliation of the courts of appeals decisions, he will find confusion compounded." '

Neither Victims Nor Executioners: The Dilemma Of Victim Participation And The Defendant's Right To A Fair Trial At The Ineternational Criminal Court, Scott T. Johnson

ILSA Journal of International & Comparative Law

My talk today analyzes victims' [articipation from the defendant's perspective and its impact upon the right to a fair trial at the International Criminal Court (ICC).