Digital Commons Network^™

New Attack On Reproductive Justice: Tennessee’S Criminalization Of Pregnancy Conduct, Samir Nadkarni

Student Works

No abstract provided.

Trinity And Its Shortcomings: Problems With Disallowing Prps That Enter Into State Consent Decrees From Bringing To Cost- Recover Actions Under Cercla, Michael Trentin

Student Works

No abstract provided.

The Fundamental Principle Of Equal State Sovereignty: The Boundaries Of The Constitutional Doctrine And Judicial Standards Of Review, Frank Ricigliani

Student Works

No abstract provided.

The Decriminalization Of Marijuana: Ignoring Federal Laws, Jessie M. Mills

Student Works

No abstract provided.

America’S Enablement Of Rape By Fraud & A Necessary Response, Derrick Grant

Student Works

No abstract provided.

A Right With No Remedy: The Fourth Amendment, §1983, & Qualified Immunity, Daniel Holzapfel

Student Works

No abstract provided.

Electronic Transport Properties Of (Fluorinated) Metal Phthalocyanine, M M. Fadlallah, U Eckern, A H. Romero, U Schwingenschlogl

Faculty & Staff Scholarship

The magnetic and transport properties of the metal phthalocyanine (MPc) and F16MPc (M = Sc, Ti, V, Cr, Mn, Fe, Co, Ni, Cu, Zn and Ag) families of molecules in contact with S–Au wires are investigated by density functional theory within the local density approximation, including local electronic correlations on the central metal atom. The magnetic moments are found to be considerably modified under fluorination. In addition, they do not depend exclusively on the configuration of the outer electronic shell of the central metal atom (as in isolated MPc and F16MPc) but also on the interaction with the leads. Good …

Laws In The United States And France Do Not Discriminate Against Muslim Women, Valerie P. Deluisi

Student Works

No abstract provided.

The Proper Role Of The Experimental Use Doctrine In The Pfaff Analysis: How And Why The Federal Circuit's Holding In Hamilton Beach Brands, Inc. V. Sunbeam Products, Inc. Should Be Corrected, Ryan Mccormick

Student Works

No abstract provided.

False Advertising: How The Third Circuit Misused The Free Speech Standard To The Benefit Of New Jersey Lawyers And The Detriment Of The Public, Jason Dominguez

Student Works

No abstract provided.

New Jersey's Religious Property Tax Exemption: An Erroneous Quid Pro Quo Exchange, Timothy M. Dovnarsky

Student Works

No abstract provided.

Fda Approved?: Examining The Fda’S Approach To Mobile Medical Apps And Its Sufficiency, Vanessa Coleman

Student Works

No abstract provided.

The Justifiable Need Requirement Is Not Justifiable, Victoria A. Tengelics

Student Works

No abstract provided.

Going Against The Current: How Aereo's Online Streaming Left Copyright Laws Adrift, Vani Parti

Student Works

No abstract provided.

Development Of A Row-Crop Tractor Data Acquisition System, James Roeber, Santosh Pitla, Roger M. Hoy, Joe D. Luck

Department of Agricultural and Biological Systems Engineering: Presentations and White Papers

Numerous advancements in machinery performance on row-crop agricultural tractors have been made in recent years. Currently, the Organisation for Economic Co-operation and Development (OECD) only tests predetermined points (E.g., max. power, max. torque) for drawbar and hydraulic power. This method of testing has been used for many years with the tractor at a steady state which is usually not typical of row-crop operations. A data acquisition system (DAQ) was designed that records implement energy consumption (E.g., drawbar loading, PTO power, and hydraulic power). The system used a LabVIEW program and a compact data acquisition system (cDAQ) to record data from …

Review Of Anthony Everett's "The Nonexistent", Jeffrey C. Goodman

Faculty Scholarship

I here review Anthony Everett's monograph, The Nonexistent

Sustainable Chicago 2015: A Political Analysis, Zachary A. Brown

Master's Theses

Over the last decade, many of America's urban areas have developed "sustainability plans" focusing on the long-term viability of their communities. Although many local governments have concentrated on environmental issues, others have incorporated economic and social policies. A new subset of literature has emerged highlighting equity and social justice within the sustainability dialogue. Scholars and practitioners alike argue that true sustainability requires equal access to all three pillars of sustainability for all groups.

Through interviews with public and private actors, as well as content analysis of the plan, this study investigates the structure of the governance network responsible for the …

Better Knowledge With Social Media? Exploring The Roles Of Social Capital And Organizational Knowledge Management, Pratyush Bharati, Wei Zhang, Abhijit Chaudhury

Management Science and Information Systems Faculty Publication Series

Purpose – The purpose of this paper is to explore social media’s impact on organizational knowledge quality through the theoretical lens of social capital and resource exchange. Design/methodology/approach – Theory-confirming, quantitative study using panel data collected through web-based survey Findings – The results show that while social media affect structural capital and cognitive capital directly, it only affects relational capital indirectly through structural and cognitive capital. Moreover, overall social media and the enhanced social capital do help promote organizational efforts in knowledge management, which subsequently leads to higher level of organizational knowledge quality. Research limitations/implications – All survey respondents were …

Global Delivery Models: The Role Of Talent, Speed And Time Zones In The Global Outsourcing Industry, Stephan Manning, Marcus Larsen, Pratyush Bharati

Management Science and Information Systems Faculty Publication Series

We investigate antecedents and contingencies of location configurations supporting global delivery models (GDMs) in global outsourcing. GDMs are a new form of IT-enabled client-specific investment promoting services provision integration with clients by exploiting client proximity and time-zone spread allowing for 24/7 service delivery and access to resources. Based on comprehensive data we show that providers are likely to establish GDM configurations when clients value access to globally distributed talent pools and speed of service delivery, and in particular when services are highly commoditized. Findings imply that coordination across time zones increasingly affects international operations in business-to-business and born-global industries.

Re-Envisioning Community-Wildfire Relations In The U.S. West As Adaptive Governance, Jesse B. Abrams, Melanie Knapp, Travis B. Paveglio, Autumn Ellison, Cassandra Moseley, Max Nielsen-Pincus, Matthew S. Carroll

Environmental Science and Management Faculty Publications and Presentations

Prompted by a series of increasingly destructive, expensive, and highly visible wildfire crises in human communities across the globe, a robust body of scholarship has emerged to theorize, conceptualize, and measure community-level resilience to wildfires. To date, however, insufficient consideration has been given to wildfire resilience as a process of adaptive governance mediated by institutions at multiple scales. Here we explore the possibilities for addressing this gap through an analysis of wildfire resilience among wildland-urban interface communities in the western region of the United States. We re-engage important but overlooked components of social-ecological system resilience by situating rural communities within …

Plenary Energy, Carla F. Fredericks

Publications

An incompatible relationship exists between the federal trust responsibility over Indian tribes and tribal sovereignty, the conflicting nature of which has been exacerbated by numerous judicial confirmations of the unbridled congressional plenary power over all tribal affairs. Nowhere is there more conflict between the trust responsibility and sovereignty than within the context of mineral resource development on tribal lands. The evolution of the regulatory framework of Indian mineral development can be viewed as a continuum, with maximum trust obligation and minimum tribal sovereignty on one extreme, and an inversion of these two variables on the other. There currently exists pending …

The Moving Target Of Tax Reform, Karen C. Burke, Grayson M.P. Mccouch

UF Law Faculty Publications

In 2000, Professor William Turnier proposed a package of three reforms to make the estate tax more “equitable” and “taxpayerfriendly.” All of his proposals—allowing a surviving spouse to inherit a deceased spouse’s unused exemption, replacing the state death tax credit with a deduction, and indexing the exemption for inflation—were eventually enacted. Today, the estate tax remains on the books, but changes in rates and exemptions have severely curtailed its role in the larger federal tax system. Income tax rate reductions for capital gains and dividends have further lightened the tax burden on capital income, and international pressure to reduce the …

Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era, Danaya C. Wright

UF Law Faculty Publications

After providing a brief explanation of railroad development, railbanking, the takings cases, and the Brandt Trust decision, this Article will explore the implications of each of these three legal issues at the heart of the takings disputes. What makes the decision in Marvin M. Brandt Revocable Trust v. United States particularly disappointing is not that the Court came to the wrong conclusion in its interpretation of the railroad’s interest in federally granted railroad rights of way (“FGROWs”) granted pursuant to the 1875 General Railroad Right of Way Act, but that its wrong interpretation adds all of the 1875 Act FGROW …

A Conceptual Framework For The Regulation Of Cryptocurrencies, Omri Y. Marian

UF Law Faculty Publications

This Essay proposes a conceptual framework for the regulation of transactions involving cryptocurrencies. Cryptocurrencies offer tremendous opportunities for innovation and development but are also uniquely suited to facilitate illicit behavior. The regulatory framework suggested herein is intended to support (or at least not impair) cryptocurrencies’ innovative potential. At the same time, it aims to disrupt cryptocurrencies’ criminal utility. To achieve these purposes, this Essay proposes a regulatory framework that imposes costs on the characteristics of cryptocurrencies that make them especially useful for criminal behavior (in particular, anonymity) but does not impose costs on characteristics that are at the core of …

Recent Developments In Federal Income Taxation: The Year 2014, Martin J. Mcmahon Jr., Bruce A. Mcgovern, Ira B. Shepard

UF Law Faculty Publications

This recent developments outline discusses, and provides context to understand the significance of, the most important judicial decisions and administrative rulings and regulations promulgated by the Internal Revenue Service and Treasury Department during 2014--and sometimes a little farther back in time if we find the item particularly humorous or outrageous. Most Treasury Regulations, however, are so complex that they cannot be discussed in detail and, anyway, only a devout masochist would read them all the way through; just the basic topic and fundamental principles are highlighted-- unless one of us decides to go nuts and spend several pages writing one …

State Documents Bibliography: Florida, Shira Megerman, Patricia Morgan

UF Law Faculty Publications

The Florida State Documents Bibliography is a comprehensive document containing historic information on state documents published in Florida. The Bibliography includes information on Florida’s constitutions, legislative, judicial, and executive legal materials. Secondary sources, reference materials, and libraries open to the public are also included.

Making The Case For A Model Mental Health Advance Directive Statute, Judy Ann Clausen

UF Law Faculty Publications

Acute episodes of mental illness temporarily destroy the capacity required to give informed consent and often prevent people from realizing they are sick, causing them to refuse intervention. Once a person refuses treatment, the only way to obtain care is as an involuntary patient. Even in the midst of acute episodes, many people do not meet commitment criteria because they are not likely to injure themselves or others and are still able to care for their basic needs. Left untreated, the episode will likely spiral out of control. By the time the person finally meets strict commitment criteria, devastation has …

An Americans With Disabilities Act Critique Of Advance Directive Override Provisions, Judy Ann Clausen

UF Law Faculty Publications

This Article argues many mental health advance directive statutes violate the Americans with Disabilities Act (ADA). Advance directives empower people to determine care to be administered when they lack capacity to provide informed consent. General advance directives typically address end-of-life care. Mental health directives govern treatment administered during periods of incapacity caused by acute episodes. Because end-of-life decision-making is different than planning for episodic mental illness, half of the states have enacted separate mental health directive statutes. These specialized statutes often provide doctors more leeway to force treatment on a patient in contravention of a directive than do generic directive …

Decentralizing The Amendment Power, Jonathan L. Marshfield

UF Law Faculty Publications

The United States Constitution could soon be re-written by the states. Article V of the Constitution authorizes two-thirds of the state legislatures to bypass Congress and demand a convention to initiate federal constitutional amendments addressing any number of issues. States have adopted resolutions calling for a convention to consider amendments that would, among other things, require a balanced federal budget, eliminate life tenure for Supreme Court Justices, constitutionalize universal healthcare, and even invalidate bulwark rulings such as Roe v. Wade. In April 2014, Michigan arguably became the thirty-fourth state to adopt such a resolution, and convention supporters believe that a …

Diagnosis Dangerous: Why State Licensing Boards Should Step In To Prevent Mental Health Practitioners From Speculating Beyond The Scope Of Professional Standards, Jennifer S. Bard

UF Law Faculty Publications

This Article reviews the use of mental health experts to provide testimony on the future dangerousness of individuals who have already been convicted of a crime that qualifies them for the death penalty. Although this practice is common in many states that still retain the death penalty, it most frequently occurs in Texas because of a statute that makes it mandatory for juries to determine the future dangerousness of the defendant they have just found guilty. Both the American Psychiatric Association and the American Psychological Association have protested the use of mental health professionals in this setting because there are …