Digital Commons Network^™

Interpreting I.R.C. § 67(E): The Supreme Court's Attempt To Nail Investment Advisory Fees To The "Floor", Lindsay Roshkind

Florida Law Review

No abstract provided.

Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global, Larry Dougherty

Florida Law Review

This Note suggests that while Calder jurisdiction fits well with some types of antitrust allegations, the Calder analogy weakens when charges of broad-based anticompetitive conduct collide with the long-arm statutes of particular states. The risk of forcing the analogy too far, of course, is a violation of due process. Part II of this Note reviews the facts and holding of Calder, and some of the key cases that followed it. Part III addresses the question of how the effects test might be different for antitrust complaints. Part IV reviews one type of anticompetitive conduct that seems to place particular …

The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson

Florida Law Review

Virginia Tech was not the first university rampage killing for which victims or their families sought compensation, nor is it likely to be the last. Because the current state of the law is unclear, this Note explores whether universities should have a duty to identify and thwart students that pose a threat to the lives of other students. Part II traces the history of university rampage killings and the sparse legal history surrounding them. In light of that sparse legal history, Part III considers the Tarasoff case and its progeny, which impose upon some professionals a duty to protect third …

Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson

Florida Law Review

This Article seeks to show that scholars, especially constitutional scholars, must pay more attention to the ways advocates frame their controversies at the "capital of the world." If the Anti-federalists' prophecy was that an overly complex constitution would accrete power around its ambiguities, then the perpetual refinement of the Constitution by lawyers in controversy—from article to section to sentence to clause to phrase to word—has given the best protection against inflexibility. This thesis is timely because lawyering is more accessible with the Court's recent decision to post oral arguments "on the same day an argument is heard by the Court." …

Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller

Florida Law Review

Under the Bail Reform Act of 1984, federal criminal defendants who wish to remain free on bail after conviction must prove that their appeal will have enough merit to raise at least one “substantial question.” Federal appellate courts, however, have been deeply divided over how much merit is required to show that an appeal will raise a “substantial question.” Ten circuits define the phrase as a “close question,” based on an implausible reading of the 1984 Bail Act’s legislative history. But the Ninth Circuit has interpreted the requirement to mean that a defendant must prove that his appeal will raise …

The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks

Florida Law Review

This Note examines the strange history of the year-and-a-day rule from the rule’s birth to its death and then to its unexpected resurrection. In the process, this Note discusses the approach that other courts have taken to problems similar to those arising in the Wells case and sheds light on the course that the Florida courts may take on this bizarre issue.

This Note presents the Wells case only as an illustration of the legal issues entwined with the abolition of the year-and-a-day rule. Specifically, the Wells case shows how, once abolished, the rule managed to find its way back …

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden

Florida Law Review

The tax-free treatment of like-kind exchanges presents one of tax law’s most compelling equity conundrums. Tax law generally does not tax property holders on the property’s appreciation but does tax gain or loss recognized by property sellers and exchangers of non-like-kind property. In the basic Aristotelian system, equity requires that likes be treated alike, but the system does not provide criteria to determine what is alike. Depending upon the criteria, exchangers of like-kind property can be similar either to holders or to sellers and exchangers of non-like-kind property. The equity conundrum asks whether tax law should treat exchangers of like-kind …

The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks

Florida Law Review

After 700 years of common-law history and nearly 200 years of constitutional history, the Supreme Court concluded that the constitutionally permissible minimum jury size could not be inferred from the language or the history of the Constitution. The answer, said the Court in Williams v. Florida, could be found only through a “functional analysis” of the performance of smaller juries (that is, empirical examination of the behavior of different-sized juries). The Court implicitly abandoned that analysis in Ballew v. Georgia, when it held that juries with fewer than six members were unconstitutional—a decision based on nothing more than …

Three Faces Of Supplemental Jurisdiction After The Demise Of United Mine Workers V. Gibbs, C. Douglas Floyd

Florida Law Review

In a post-Gibbs world, three competing views of the permissible scope of federal subject matter jurisdiction over non-diverse state law claims have emerged. First, a “delegation” model, which reads the Constitution to have delegated to Congress an apparently unrestricted power to define the scope of an Article III case or controversy, provided at least one claim in the action falls within the scope of Article III. Second, a “factual relationship” model, which seeks to give more precise content to Gibbs’s “common nucleus of operative fact” standard and to distinguish it from the “same transaction or occurrence” joinder standard …

Deafdigest: Gold Edition, November 18, 2012, Barry Strassler

DeafDigest Gold 2012

No abstract provided.

Deafdigest: Blue Edition, November 18, 2012, Barry Strassler

DeafDigest Blue 2012

No abstract provided.

Annual Report, Special Collections And University Archives, 2011-2012, James Anthony Schnur

Library Department and Committee Reports

Annual report for Special Collections and University Archives at the University of South Florida St. Petersburg's Nelson Poynter Memorial Library for the 2011-2012 academic year.

Newsletter, Word For The Herd, November 18-24, 2012, University Of South Florida St. Petersburg. Division Of Student Affairs

Student Life Engagement

Newsletter with information on what's happening the week of November 18-24, 2012, at the University of South Florida St. Petersburg.

Gene Flow On Ice: The Role Of Sea Ice And Whaling In Shaping Holarctic Genetic Diversity And Population Differentiation In Bowhead Whales (Balaena Mysticetus), S Elizabeth Alter, Howard C. Rosenbaum, Lianne D. Postma, Peter Whitridge, Cork Gaines, Diana Weber, Mary G. Egan, Melissa Lindsay, George Amato, Larry Dueck, Robert L. Brownell, Mads-Peter Heide-Jørgensen, Kristin L. Laidre, Gisella Caccone, Brittany L. Hancock

Publications and Research

Sea ice is believed to be a major factor shaping gene flow for polar marine organisms, but it remains unclear to what extent it represents a true barrier to dispersal for arctic cetaceans. Bowhead whales are highly adapted to polar sea ice and were targeted by commercial whalers throughout Arctic and subarctic seas for at least four centuries, resulting in severe reductions in most areas. Both changing ice conditions and reductions due to whaling may have affected geographic distribution and genetic diversity throughout their range, but little is known about range-wide genetic structure or whether it differed in the past. …

Master's Recital, Charlie Rolison, Michelle Lee

Graduate Student Recitals

List of performers and performances.

Against Libertarianism, Alicia Finch

Faculty Articles, Papers, and Other Scholarship

The so-called Mind argument aims at the conclusion that agents act freely only if determinism is true. The soundness of this argument entails the falsity of libertarianism, the two-part thesis that agents act freely, and free action and determinism are incompatible. In this paper, I offer a new formulation of the Mind argument. I argue that it is true by definition that if an agent acts freely, either (i) nothing nomologically grounds an agent’s acting freely, or (ii) the consequence argument for incompatibilism is unsound. I define the notion of nomological grounding, and argue that unless an agent’s acting freely …

2012 - Opera Workshop, Neiu Music Department

Music Department Performance Programs

Opera Workshop, Scene Recital, Sasha Gerritson, Director, Kay Kim, Jane Kenas-Heller, Accompanists, Carmen, Louis, Le Nozze di Figaro, Die Fledermaus, Rigoletto, Violet

Tube/Euphonium Studio Recital, Unlv Tuba-Euphonium Quartet

Chamber Music Programs

Program listing performers and works performed.

What Can Phages Tell Us About Host-Pathogen Coevolution?, John J. Dennehy

Publications and Research

The outcomes of host-parasite interactions depend on the coevolutionary forces acting upon them, but because every host-parasite relation is enmeshed in a web of biotic and abiotic interactions across a heterogeneous landscape, host-parasite coevolution has proven difficult to study. Simple laboratory phage-bacteria microcosms can ameliorate this difficulty by allowing controlled, well-replicated experiments with a limited number of interactors. Genetic, population, and life history data obtained from these studies permit a closer examination of the fundamental correlates of host-parasite coevolution. In this paper, I describe the results of phage-bacteria coevolutionary studies and their implications for the study of host-parasite coevolution. Recent …

Dr. Elena Cooper Presents Her Latest Article At Cardozo Law School: Copyright: A Nineteenth Century Publicity Right?, Elsa Mitsoglou

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Dr. Elena Cooper has been the Orton Fellow in Intellectual Property Law at Trinity Hall, Cambridge since 2009. She is also a researcher at the Faculty of Law on the “Of Authorship and Originality” project, funded by Humanities in the European Research Area (HERA). Dr. Cooper received a law degree from the London School of Economics and a master’s degree in Intellectual Property Law from King’s College London. She also has a PhD from the University of Cambridge, where her studies focused on the relationship between art and law in the history of photographic copyright. Her PhD thesis was awarded …

The Installation Address Of Robert G. Frank, 21st President Of The University Of New Mexico, Robert G. Frank

President Frank's Administration

No abstract provided.

Gpsa Council Meeting, 11/17/2012, Graduate And Professional Student Association

GPSA Meeting Agendas and Minutes

No abstract provided.

Speaking In Tongues: The Chronicles Of Babel, Center For Performing Arts

Center for Performing Arts Memorabilia

Promotional material and playbill insert for the November 17, 2012 performance of Speaking in Tongues: The Chronicles of Babel.

November 17, 2012: Cfp: Essay Collection On Heroines: Images Of Women In Literature & Pop Culture, Department Of English

Gleanings: Department of English Blog Archive

No abstract provided.

Sin City Winds, Christina Mchugh, Alexandra Gilroy, Erin Vander Wyst, Ashlea Sheridan, Jon Holloway

Wind Ensemble

Program listing performers and works performed

Telecommunications: Communications Law Reform, Jonathan Baker, Robert Mcdowell, Ajit Pai, Daniel Crane, Maureen Ohlhausen, Jennifer Elrod

Presentations

The transcript was published on 2013 Journal of Law, Technology & Policy University of Illinois Issue 1.

Toward Universal Broadband In Rural Alaska, Heather E. Hudson, Virgene Hanna, Alexandra Hill, Khristy Parker, Suzanne Sharp, Kent Spiers, Kyle Wark

ISER Reports

The TERRA-Southwest project is extending broadband service to 65 communities in the Bristol Bay, Bethel and Yukon-Kuskokwim regions. A stimulus project funded by a combination of grants and loans from the Rural Utilities Service (RUS), TERRA-Southwest has installed a middle-mile network using optical fiber and terrestrial microwave. Last-mile service will be through fixed wireless or interconnection with local telephone networks. The State of Alaska, through its designee Connect Alaska, also received federal stimulus funding from the National Telecommunications and Information Administration (NTIA) for tasks that include support for an Alaska Broadband Task Force “to both formalize a strategic broadband plan …

Prevalence And Correlates Of Receiving Cigarettes As Gifts And Selecting Preferred Brand Because It Was Gifted: Findings From The Itc China Survey, Li-Ling Huang, Jim Thrasher, Yuan Jiang, Qiang Li, Geoffrey T. Fong, Anne Ck Quah

Faculty Publications

Background: Giving cigarettes as gifts is a common practice in China, but there have been few systematic studies of this practice. The present study was designed to estimate the incidence of receiving cigarettes as gifts, correlates of this practice, and its impact on brand selection in a representative sample of urban adult smokers in China.

Methods: Data were analyzed from Wave 2 of the International Tobacco Control (ITC) China Survey, where 4843 adult urban smokers were interviewed in six major Chinese cities between October 2007 and January 2008. The incidence of most recent cigarette acquisition due to gifting and the …

Rountable On Legislative Strategies For Pensions And Retirement Benefits, Richard Winsten Esq.

Journal of Collective Bargaining in the Academy

No abstract provided.

Conference Program

Journal of Collective Bargaining in the Academy

No abstract provided.