Digital Commons Network^™

Florida Legal Malpractice And Attorney Ethics, Robert Jarvis, Warren Trazenfeld, Timothy Chinaris

Faculty Scholarship

No abstract provided.

"Attendee Basics: Survival Guide For Patrons, Customers, Guests, And Goers" From The Pop Culture Business Handbook For Cons And Festivals, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts The Pop Culture Business Handbook for Cons andFestivals, which provides the business, strategy, and legal reference guide for fan conventions, filmfestivals, musical festivals, and cultural events.Cons use a range of labels for the people who attend the event as paid ticket holders. Whether thepeople are labeled attendees, patrons, guests, concert-goers, or customers, many of the chapters ofthis book identify how the Con organizers address these differing ticket holders and should plan andprepare to assure each group has a safe, fun, and memorable experience. This chapter focuses on theattendees and what …

Online Dispute Resolution: Stinky, Repugnant, Or Drab?, Robert J. Condlin

Faculty Scholarship

No abstract provided.

The Importance Of The Business Judgment Rule, Bernard S. Sharfman

Faculty Scholarship

No abstract provided.

What Difference Does Adr Make? Comparison Of Adr And Trial Outcomes In Small Claims Court, Lorig Charkoudian, Deborah Thompson Eisenberg, Jamie Walter

Faculty Scholarship

This study compares the experience of small claims litigants who use alternative dispute resolution (“ADR”) to those who proceeded to trial without ADR. ADR had significant immediate and long-term benefits, including improved party attitudes toward and relationship with each other, greater sense of empowerment and voice, increases in parties taking responsibility for the dispute, and increases in party satisfaction with the judiciary. Cases that settled in ADR also were less likely to return to court for an enforcement action within the next year.

A Private Ordering Defense Of A Company's Right To Use Dual Class Share Structures In Ipos, Bernard S. Sharfman

Faculty Scholarship

No abstract provided.

Technological Triggers To Tort Revolutions: Steam Locomotives, Autonomous Vehicles, And Accident Compensation, Donald G. Gifford

Faculty Scholarship

No abstract provided.

Should Domestic Violence Be Decriminalized?, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Automated Public Sphere, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Scholarship Of Resonance In An Era Of Discord, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Obergefell, Fisher, And The Inversion Of Tiers, Maxwell Stearns

Faculty Scholarship

In striking the ban on same-sex marriage in Obergefell v. Hodges, the Supreme Court avoided tiers of scrutiny, thus declining to apply rational basis in a non-deferential manner as it had in other cases involving sexual orientation. In oral argument in Fisher v. University of Texas, the Court signaled its growing discomfort with the Grutter v. Bollinger strict scrutiny doctrine, which affords a level of institutional deference in tension with narrow tailoring and least restrictive means. And although the Court claims to apply intermediate scrutiny in gender-based equal protection cases, the cases devolve de facto applications of strict …

Unnecessary Ambiguity: Relinquishing “Moral Turpitude” From Lawyer Discipline, Kellyn O Mcgee

Faculty Scholarship

No abstract provided.

The Conundrum Of Voluntary Intoxication And Sex, Michal Buchhandler-Raphael

Faculty Scholarship

No abstract provided.

The Federal Housing Administration And African-American Homeownership, David Reiss

Faculty Scholarship

No abstract provided.

What Communities Can Do To Rein In Payday Lending: Strategies For Successful Local Ordinance Campaigns Through A Texas Lens, Nathalie Martin, Robert Mayer

Faculty Scholarship

Because New Mexico has one of the highest consumer usage rates and highest concentrations of payday and title loan shops in the nation,2 we thought it would be an ideal place to measure the public’s knowledge of and interest in these ubiquitous loans. We also measured knowledge of interest rate caps in the context of credit cards, as a point of comparison. Our data are consistent with that of previous studies showing that the general public overwhelmingly supports interest rate caps both in general and for certain types of loans. More uniquely, we also found that many consumers are unaware …

Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson

Faculty Scholarship

This Article begins by reviewing the purposes for federal water projects, and identifies some of the trade-offs involved in operating projects for certain purposes. It then addresses the legal factors that determine or influence project operations, beginning with project authorizing statutes and ending with federal environmental laws. The Article examines Corps and Bureau policies regarding project operating plans, the reasons for agency reluctance to review and revise their plans, and some of the factors that prompt the agencies to proceed with reviews. It then summarizes periodic review requirements in two analogous contexts—federal land management plans, and hydropower project licenses—and considers …

A Reexamination And Reformulation Of The Habendum Clause Paying Quantities Standard Under Oil And Gas Leases, Alex Ritchie

Faculty Scholarship

The Koontz standard as originally stated by the Texas Supreme Court has lost its way. It has evolved into a two-prong test that wrongly focuses on past performance based on arbitrary and uncertain accounting calculations rather than future projections. As occurred in the 1980s, a price downturn provides motivation to reexamine provisions such as the two prong paying quantities standard in the habendum clause of the oil and gas lease. This article examines the habendum clause and the evolution of the paying quantities standard which will determine whether a lease continues in effect or terminates automatically. This article also seeks …

New Strategies For Reducing Transportation Emissions And Preparing For Climate Impacts, Gabriel Pacyniak, Kathryn Zyla, Vicki Arroyo

Faculty Scholarship

The transportation sector is becoming the largest source of greenhouse gas ("GHG") emissions in the United States. The Obama Administration put in place federal vehicle and fuel standards that are significantly reducing emissions. However, these regulations will be insufficient to put the United States on track to achieve needed reductions needed long-term. This is especially true if the 2025 standards announced by the Obama Administration are rolled back by the new Trump Administration. Because current federal standards alone will not attain ambitious climate goals and may be rolled back, state and local activity is essential to make progress towards meeting …

The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy, Joshua E. Kastenberg

Faculty Scholarship

In 1970, the United States Supreme Court issued Chandler v. Judicial Council of the Tenth Circuit in which five Justices determined that the federal courts of appeals possessed an administrative authority to manage the district court judges within an appellate court’s respective circuit. The decision enabled the Tenth Circuit to decide the fitness of a judge to preside over cases without a formal motion from a litigant. Although Congress had enabled the courts of appeals to oversee basic judicial functions (such as temporarily assigning district court judges to overworked districts), Congress did not intend to grant the power to remove …

Right Scholarship And The Goddesses Of Commercial Law, Nathalie Martin

Faculty Scholarship

This Essay combines many topics about which I am deeply passionate, including religion, sex, yoga philosophy, and the influential works of two women I admire greatly. Hopefully, this brief Essay does not try to do too much at the expense of all of these topics. In Part I of this Essay, I describe the concept of right scholarship through various religious traditions and yoga philosophy’s principles for living known as the yamas. I then describe, through the works of young scholar Shari Motro, scholarship that has gone wrong. Finally, through the psychological concept of flow, I describe how we know …

Following In The Footprints: Influence Of Celebrities To Generate Community College Search, Kristy Tucciarone

Faculty Scholarship

This study explores how celebrity endorsements can influence prospective students' interest in community colleges, particularly during the college search phase. Despite offering significant educational and financial advantages, community colleges often struggle with a public image that suggests inferiority to four-year institutions. This research investigates whether leveraging the fame and relatability of celebrity alumni can help overcome this perception and increase student engagement.

Using a qualitative focus group method, the study surveyed 67 former community college students from various U.S. states. Participants discussed their awareness of celebrity endorsements, preferred media for consuming such content, and the potential effectiveness of celebrities as …

Dodd-Frank Wall Street Reform And Consumer Protection Act: The Evolution Of Whistleblower Protections, Employment Contracts And Mandatory Arbitration Agreements, Florence Shu-Acquaye

Faculty Scholarship

On July 21, 2010, in response to the financial abuses that occurred during from 2007 to 2009. president Barack Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act").

The Ebola Virus Prevention And Human Rights Implications, Florence Shu-Acquaye

Faculty Scholarship

The Ebola virus and its now infamous 2014 West African outbreak have constituted the deadliest and most terrifying epidemic of recent memory.

One Decade Later: Florida's Stand Your Ground Law Alive And Well, Shahabudeen Khan

Faculty Scholarship

“I feel paranoid all the time.”1 That is how a seventeen-year old black varsity high school basketball player from Lauderhill, Florida expressed his emotions after a Lauderhill police officer ordered him and his friends to the ground for no apparent reason.2 Imagine living life in one of the most developed, wealthiest nations in the world with such fear. As a minority law professor, I share the same feelings, and often wonder whether I am next. However, that would be too egocentric. What of those who have suffered or lost lives; those who must face paranoia as an ill-fated …

A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, James D. Wilets, Areto A. Imoukhuede

Faculty Scholarship

No abstract provided.

"Gambling, Raffles, Door Prizes, And Competitions" From The Pop Culture Business Handbook For Cons And Festivals, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Games of chance are highly regulated activities, whereas bona fide competitions are generally left unregulated. Both are big businesses. Competitions, drafts, and other events help support the popularity of trading card games. Many nonprofit organizations take advantage of their charitable status to raise funds through various indirect strategies, including raffles, bingo, games of chance, and competitions. For the games of chance, it …

"Free Speech, First Amendment, And New Media For Cons And Festivals" From Pop Culture Business Handbook For Cons And Festivals, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Although most events are organized by private parties, the location of these events in public venues and the crowd management issues involving free speech make First Amendment and free speech issues a critical component of event management. This excerpt provides a framework for understanding the legal and security issues involving free speech at public events.