Digital Commons Network^™

The Graduated Response, Peter K. Yu

Florida Law Review

No abstract provided.

The Kids Are Alright: Applying A Fault Liability Standard To Amateur Digital Remix, Steven Hetcher

Florida Law Review

No abstract provided.

A Real-World Analysis Of Pharmaceutical Settlements: The Missing Dimension Of Product Hopping, Michael A. Carrier

Florida Law Review

The pharmaceutical industry plays an important role in improving human health. But it also provides the setting for some of the most concerning issues in the patent-antitrust intersection today. Two activities are particularly worrisome.

First, brand-name pharmaceutical firms and generic companies have settled patent litigation. As part of these agreements, brand firms have paid generic firms to drop their patent challenges and delay entering the market.

Second, brand firms, frequently at the end of a patent term, have engaged in “product hopping,” often switching from one means of administering a drug (e.g., tablet) to another (e.g., capsule).

In the past …

A Sense Of Disentitlement: Frame-Shifting And Metaphor In Ashcroft V. Iqbal, Lisa Eichhorn

Florida Law Review

No abstract provided.

Renters Evicted En Masse: Collateral Damage Arising From The Subprime Foreclosure Crisis, Creola Johnson

Florida Law Review

No abstract provided.

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein

Florida Law Review

Civil rights violations that appear relatively slight may warrant judicial redress despite their small size; some of them point up important principles. Leaving these violations unremedied may contribute to an ambient lawlessness that can foster bigger harms. A small infringement in this respect resembles the criminological construct of “broken windows,” which in its prescriptive form urges governments to view de minimis violations as harbingers of more disorder to come.

Using broken windows to understand privately initiated civil rights claims honors a statutory mandate and helps to achieve progressive ends. This application is potentially better than the one that police impose …

Following Industry's Leed®: Municipal Adoption Of Private Green Building Standards, Sarah B. Schindler

Florida Law Review

Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building industry: LEED (Leadership in Energy and Environmental Design). This Article explains and assesses the privately promulgated LEED standards. It argues that the translation of LEED standards, which were intended to be voluntary, into law raises several theoretical and practical problems. Specifically, private green building ordinances that rely on LEED do not ensure a reduction in the negative local environmental impacts …

Defamation In The Internet Age: Why Roommates.Com Isn't Enough To Change The Rules For Anonymous Gossip Websites, Skyler Mcdonald

Florida Law Review

No abstract provided.

Families Across Borders: The Hague Children's Conventions And The Case For International Family Law In The United States, Ann Laquer Estin

Florida Law Review

In our globalized world, as families form and dissolve across international borders, domestic family law does not adequately address the needs of parents and children with ties to multiple legal systems. For these cases, the Hague Children’s Conventions provide a useful legal framework developed and implemented through the cooperative efforts of more than one hundred nations. Currently, the United States participates in the 1980 Child Abduction Convention and the 1993 Intercountry Adoption Convention, and has taken steps toward ratification of the 2007 Family Maintenance Convention and the 1996 Child Protection Convention. The four Children’s Conventions offer an important opportunity for …

Hidden Engines Of Destruction: The Reasonable Expectation Of Code Safety And The Duty To Warn In Digital Products, Andrea M. Matwyshyn

Florida Law Review

This Article explores a seemingly straightforward question: to what extent is a consumer entitled to know how digital products work and the likelihood of digital harm? In previous work, I have explored this question in the context of contract law and consumer consent. This Article approaches the question from a different legal context. Specifically, this Article considers whether a duty to warn should exist in connection with digital products. Even if we assume arguendo that a harmed consumer will have difficulty quantifying actual damages, an independent duty to warn on the part of the digital product creator or operator may …

When "Now Known Or Later Developed" Fails Its Purpose: How P2p Litigation Has Turned The Distribution Right Upside-Down, Vincent J. Galluzzo

Florida Law Review

No abstract provided.

Rethinking The Parameters Of Trademark Use In Entertainment, Elizabeth L. Rosenblatt

Florida Law Review

Trademark law is flawed in its approach to trademark uses in entertainment. Infringement turns on whether a consumer is likely to be confused into believing that a markholder sponsored or approved of the use. Because consumers are increasingly aware of product placement and other sponsored mark uses, this likelihood of confusion standard may be met, and infringement found, even for harmless and/or artistically relevant uses, such as uses for purposes of verisimilitude or uses that rely on a mark’s symbolic meaning to assist in conveying a work’s message. This increased likelihood of confusion chills speech by forcing content creators to …

Shedding (False) Light: How The Florida Supreme Court’S Rejection Of The Tort Falsely Implies Protection For Media Defendants, Kristen Rasmussen

Florida Law Review

No abstract provided.

Confidential Sources Reconsidered, David A. Anderson

Florida Law Review

For fifty years, the courts have debated whether the First Amendment guarantees of freedom of the press requires that journalists be allowed to protect confidential sources. Many state and federal courts have answered in the affirmative, creating a First Amendment “reporter’s privilege.” The Supreme Court has declined to recognize such a privilege, but has not foreclosed the possibility. This Article suggests that the constitutional guarantee can be honored without prescribing a constitutionally defined privilege. Whether freedom of the press requires protection of confidential sources is one question; what means should be chosen to protect them is another. Courts should separate …

How (Not) To Think Like A Punisher, Alice Ristroph

Florida Law Review

No abstract provided.

Mpc—The Root Of The Problem: Just Deserts And Risk Assessment, Michael Marcus

Florida Law Review

No abstract provided.

The Enduring (And Again Timely) Wisdom Of The Original Mpc Sentencing Provisions, Douglas A. Berman

Florida Law Review

No abstract provided.

Post-9/11 Army Disability Decisions: Reinforcing Administrative Law Principles In Fitness And Disability Rating Determinations, J. C. Van Lierop Iii

Florida Law Review

No abstract provided.

We Can Do Campus Recreation In The Woods!, Erin Sherrets

Runkle Woods Symposia

Hiking, disc golf, trail running, oh my! There are many recreational opportunities in the woods on campus. Learn all about enjoying nature while moving your body, whether it's alone or with an organized group.

English-For-Teaching In Higher Education: Discourse Functions And Language Exemplars, Eun-Young Julia Kim

MITESOL Journal: An Online Publication of MITESOL

Increasingly more colleges and universities in non-English speaking countries are requiring instructors to teach in English. Although existing research addresses various issues related to using English as a medium of instruction in higher education, few studies have specifically addressed how to provide language scaffolding to college instructors who are asked to teach their subjects in English for the first time. The study builds on Freeman et al.’s (2015) discourse functions for English-for-teaching and presents a refined functional framework to suit college-level classes. It provides authentic language samples to help instructors prepare to teach in English based on the analysis of …

Nationalist-Populist Rhetoric & The Demise Of Dutch Multiculturalism: What Future For Muslim Minorities, Mare S. Visser

Archived Theses and Dissertations

No abstract provided.

Corporal Punishment In Schools, Nevine Henry Wasef

Archived Theses and Dissertations

No abstract provided.

Migration Of Egyptians To Italy: What Are The Push-Pull Factors And What Happens To The Family Left Behind?, Karim K. Zikry

Archived Theses and Dissertations

No abstract provided.

The Right To Self-Determination Of Indigenous Peoples Under International Customary Law, Rosa M. Navarro

Archived Theses and Dissertations

No abstract provided.

The Avid Listener, Walter B. Rudolph

Newsletter of the Jussi Björling Societies of the USA & UK

During an email exchange, I encountered a link to a Charlie Rose interview with Eileen Farrell, whose inflection when pronouncing the name of “Jussi Björling” was indicative of her impression and respect (https://www. youtube.com/watch?v=xwwwK-MNdNI). It was even more specifically spelled out in Brian Kellow’s (Farrell) biography where she says, I was in awe of Björling—I would get so caught up listening to the gorgeous sounds that came out of his throat that I would forget to sing! (p. 151, Can’t Help Singing)

Full Issue

Newsletter of the Jussi Björling Societies of the USA & UK

No abstract provided.

Listen To The Voices: A Reflection On How 2020 And Covid-19 Have Affected Lives, Sara Abi Villanueva, Alexandra C. Daub, Alejandra Y. Martinez

Journal of Multicultural Affairs

Throughout the last few months of 2019, stories of a new and deadly virus were on every news channel around the world. Many Americans saw it as foreign news, others worried about the virus’ spread, and some felt that it would be contained quickly never making it past the Atlantic or Pacific. By March of 2020, COVID-19 made its way to the United States, forcing a new normal of quarantining, remote-learning/teaching, and teleworking. Graduate students and educators of Professional Opportunities Supporting Scholarly Engagement (POSSE), a College of Education program focused on research and contributing to the educational field of discourse, …

Social Justice Approaches To Cognitive, Emotional, And Language Development During Childhood And Adolescence, Angélique M. Blackburn

Journal of Multicultural Affairs

With contemporary events that have spotlighted social injustices, including the Black Lives Matter movement in the United States and the COVID-19 pandemic, any discussion of child development should take into account the diverse experiences of children facing injustice. In this article, I focus on social justice as it pertains to child development and how this topic has been addressed in literature targeted at students of child development theory. I focus on the contribution of two recent books (Anthis, 2020; De Houwer, 2021) within the greater context of reviewing literature regarding social inequities in cognitive, emotional, and language development. Anthis (2020) …

Still Waiting For A Cure, Uchenna Emenaha

Journal of Multicultural Affairs

Poetry elicits emotions and imagery, which can capture the sentiments of the collective experiences that educators and our society are experiencing during this moment in history. This poem calls to attention the way in which the COVID-19 pandemic has affected our country through social distancing precautions put into place to curb the spread of the virus. The verses in the poem speak to the loss of community and celebrations that occurred during this time. The poem concludes by addressing the racial awakening that has also taken place during these unprecedented times. The pandemic reduced many of life’s distractions allowing a …

The Show Must Go On: Challenges, Questions, And Pedagogical Pivots In Response To Covid-19, Patrick S. De Walt

Journal of Multicultural Affairs

On March 18, 2020, many universities and university systems had or were in their initial stages of transitioning to virtual teaching as a result of COVID-19. This transition had varied effects on all aspects of the university community. This paper explores this transition through the teaching experiences of a tenure-track professor during the pandemic. The examination of six sections of a capstone undergraduate course over the course of three semesters was conducted. Through self-reflection, many of the challenges faced shifting from face-to-face to a virtual environment were discussed. Among some of the challenges and limitations experienced when teaching nontraditional and/or …