Digital Commons Network^™

A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach

Hofstra Law Review

The article discusses a tenant's procedural due process right in Chronic Nuisance Ordinance (CNO) jurisdictions in America, and it mentions a lawsuit involving single mother Lakisha Briggs who was accused of violating Norristown, Pennsylvania's CNO following a disorderly conduct and fighting incident in 2012. According to the article, CNOs are designed to encourage property owners to prevent criminal activity on their properties and to recover the costs associated with police services.

Don't Blame The Bully: Holding Preschools Accountable For Bullying Against Students With Disabilities, Rachel Summer

Hofstra Law Review

The article discusses a proposal to hold preschools legally accountable for bullying that is directed at students with disabilities in America as of 2015, and it mentions discrimination under Section 504 of the U.S. Rehabilitation Act of 1973, as well as the legal aspects of peer-on-peer harassment and students' rights in the country. U.S. federal legislation and the creation of a deliberate indifference standard are examined, along with several education law-related legal cases in America.

The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott W. Howe

Hofstra Law Review

In its opinion in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010), concerning the incorporation of the Second Amendment, the Supreme Court included a footnote that listed the Eighth Amendment prohibition on excessive bail as one of the incorporated Bill of Rights protections. Oddly, the Court had never incorporated the bail clause or even explained what protections it conferred. While strange, these circumstances provide a rare opportunity to reason backward from incorporation to the meaning of the incorporated provision. And by pursuing those backward implications, the paper offers novel arguments about the proper understanding of the bail clause.

I …

Knowledge Is Salvation: Informing Investors By Regulating Disclosures To Safeguard Best Execution, Jeremy Schara

Hofstra Law Review

The article discusses knowledge, investor information, and the author's claim that rules aimed at regulating best execution and disclosure will impose obligations on the U.S. securities market regarding high-frequency trading, and it mentions the historical aspects of the U.S. Securities and Exchange Commission's Regulation Alternative trading Systems and Regulation National Market System rules. Economics-related dark pools and the U.S. Financial Industry Regulatory Authority Inc. are examined.

Injury In Fact And The Structure Of Legal Revolutions, Jonathan R. R. Siegel

Vanderbilt Law Review

No abstract provided.

Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar, Ruthann Robson

Vanderbilt Law Review

No abstract provided.

The Political Economy Of Good Governance, Sisay Asefa Editor, Wei-Chiao Huang Editor

Upjohn Press

The contributors to this book capture several of the key dimensions of good governance, as well as what deleterious and negative consequences may arise in its absence. They draw analysis and solutions from diverse sectors such as economics, public administration, management, and political science, in order to treat some of the most pressing societal issues of our time. They connect the importance of education, health, climate change, and poverty to address the challenges of creating a world where more countries embrace good governance policies to benefit their peoples.

Guild-Ridden Labor Markets: The Curious Case Of Occupational Licensing, Morris M. Kleiner

Upjohn Press

In his third Upjohn Press book on occupational licensing, Morris M. Kleiner examines why the institution of occupational licensing has had such a curious evolution and influence in the United States, the European Union, and China. He also discusses the many similarities it has to guilds.

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren Lenard Hutchinson

UF Law Faculty Publications

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors generally remain colorblind. The colorblindness doctrine has led to the judicial invalidation of policies designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights.”

Constitutional law theorists have criticized these aspects of equal protection doctrine. Recently, however, some theorists …

Activated Expression Of Eshd1 Enhances Drought Tolerance In Tobacco Plants Via Mitigation Of Reactive Oxygen Species-Mediated Membrane Damage, Cheng Zhou, Zhongyou Ma, Lin Zhu, Jiansheng Guo, Xianghuan Cui, Jian Zhu, Jianfei Wang

Turkish Journal of Botany

It is well documented that the homeodomain-leucine zipper (HD-Zip) transcription factors play diverse roles during plant growth and development. The Class I HD-Zip genes are shown to be involved in the regulation of abiotic stress responses and tolerance. Herein, a novel Class I HD-Zip gene, EsHD1, was isolated from Eutrema salsugineum, and an investigation was performed of its physiological functions in response to drought stress. The analyses of gene expression profiles revealed that the EsHD1 transcripts quickly accumulated upon exposure to various abiotic stress conditions or abscisic acid treatments. Furthermore, the overexpression of EsHD1 in tobacco plants conferred improved tolerance …

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

UF Law Faculty Publications

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will …

Lower Devonian Trace Fossils And Their Paleoenvironmental Significance From The Western Yangtze Plate, South China, Li-Jun Zhang, Zhao Zhao

Turkish Journal of Earth Sciences

Abundant and diverse trace fossils occur in the littoral-neritic sediments recording an Early Devonian transgression in South China. The well-exposed Ganxi section is located in the Longmen Mountain 100 km northwest of Chendu, Sichuan. The Lower Devonian strata are dominated by sandstones, siltstones, muddy shales, limestones, bioclastic limestones, and muddy limestones. About thirteen ichnogenera were systematically described, including Arenicolites, ?Balanoglossites, Chondrites, Cylindrichnus, Diplocraterion, Planolites, Palaeophycus, Phycodes, Rhizocorallium, Rusophycus, Skolithos, Thalassinoides, and Zoophycos. Six trace fossil associations under different sedimentary environments have been recognized as follows: the Skolithos and Diplocraterion-Skolithos associations mainly consist of domichnia derived from a high-energy zone of …

Disciplining Legal Scholarship, Lynn M. Lopucki

UF Law Faculty Publications

U.S. law schools are hiring large proportions of J.D.-Ph.D.s in tenure-track faculty positions in an effort to increase the quantity and quality of empirical legal scholarship. That effort is failing. The new recruits bring methods and objectives unsuited to law. They produce lower-than-predicted levels of empiricism because they compete on the basis of methodological sophistication, devote time and resources to disputes over arcane issues in statistics and methodology, prefer to collaborate with other Ph.D.s, and intimidate empiricists whose work does not require high levels of methodological sophistication. In short, Ph.D.s impose the cultures of their disciplines on legal scholarship. Importing …

A Comprehensive Analysis Of The History Of Interrogation Law, With Some Shots Directed At Miranda V. Arizona, Tracey Maclin

UF Law Faculty Publications

Police interrogation is designed to convict suspects under arrest or those suspected of crime. It does not matter that the suspect may not be guilty; interrogation is instigated to obtain an incriminating statement that will help convict the suspect. While many are quick to defend what are considered the “respectable freedoms” embodied in the Constitution — freedom of speech, freedom of the press, and freedom of religion — few champion the Fifth Amendment’s bar against compelled self-incrimination, popularly known as the “right to remain silent,” as a basis for a suspect’s right to resist police questioning. Although it has been …

Government Analysis Of Shed Dna Is A Search Under The Fourth Amendment, Tracey Maclin

UF Law Faculty Publications

This article addresses whether the Fourth Amendment is implicated when police surreptitiously collect and analyze a person’s involuntarily shed DNA. Law enforcement officers will often obtain shed or abandoned DNA samples from persons who they suspect have committed crimes, but lack sufficient evidence to arrest or detain such persons. When utilizing abandoned or shed DNA for criminal investigative purposes, there are two state actions which arguably trigger Fourth Amendment protection. First, the collection of the biological material which contains a person’s DNA might be considered a search under the amendment. Courts, however, have uniformly rejected this argument. For example, when …

Paint Chip Indians, M. Alexander Pearl

Faculty Articles

This essay is a follow up to a previous article “How to Be an Authentic Indian” published in November of 2014 in the California Law Review Circuit. (M. Alexander Pearl, How to Be an Authentic Indian, 5 Cal. L. Rev. Circuit 392 (November 2014). This essay continues the satiric tone of my previous article and focuses on a single nationally relevant issue. With the current media emphasis on the controversy over recent representations of Indians in television and film (such as Netflix’s Unbreakable Kimmy Schmidt and the Adam Sandler written/directed Ridiculous Six), the essay is topical and examines the critiques …

Staff Policy And Procedures Manual, Randi Small

Master of Education in Applied Human Development Graduate Projects

Every major department of a university has policies and procedures that they have in place and follow to ensure efficient operations, which are documented in a manual. Bowling Green State University’s (BGSU) Sports Medicine department had been through three Head Athletic Trainers in five years since last updating their manual. The National Athletic Trainers’ Association (NATA) has a code of ethics, Position statements, and standards of practice that all athletic trainers should follow. In the state of Ohio, athletic training students have strict guidelines in place by the Ohio Occupational Therapy, Physical Therapy and Athletic Training Board that are updated …

Textbook List, Spring 2015, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Standing For Human Rights Abroad, Evan J. Criddle

Cornell Law Review

No abstract provided.

Hijacked Consent: Debt Collection And The Telephone Consumer Protection Act, Michael A. Deniro

Cornell Law Review

No abstract provided.

Authoritarian Constitutionalism, Mark Tushnet

Cornell Law Review

No abstract provided.

Conservative Collision Course: The Tension Between Conservative Corporate Law Theory And Citizens United, Leo E. Strine Jr., Nicholas Walter

Cornell Law Review

No abstract provided.

Constitutional Law And The Law Of Evidence, Brandon L. Garrett

Cornell Law Review

No abstract provided.

What Comes After Get A Warrant: Balancing Particularity And Practicality In Mobile Device Search Warrants Post-Riley, Andrew D. Huynh

Cornell Law Review

No abstract provided.

Executive Privilege As Constitutional Common Law: Establishing Ground Rules In Political-Branch Information Disputes, Riley T. Keenan

Cornell Law Review

No abstract provided.

Pragmatism Rules, Elizabeth G. Porter

Cornell Law Review

No abstract provided.

“It Broadens Your View Of Being Basque”: Identity Through History, Branding And Cultural Policy, Nina M. Ray, John P. Bieter

Marketing Faculty Publications and Presentations

The purpose of the paper is to address what is the impact of the synthesis between Basque history, branding identity and Law 8/1994 on Basque identity in the homeland and Diaspora. Naturally occurring brands combine history, anthropology, sociology, and marketing to explain the phenomenon of communities defined by a sense of place. Focusing on both the Basque Country and Basques in Boise, Idaho as one case study, the authors discuss how the naturally occurring brand and cultural policy of the Basque people became formalized 20 years ago with Law 8/1994. The article addresses who the Basques are and how they …

Digital Patent Infringement In An Era Of 3d Printing, Lucas S. Osborn, Timothy R. Holbrook

Scholarly Works

The digital revolution has now moved beyond music and video files. A person can now translate three-dimensional objects into digital files and, at the press of a button, recreate those items via a 3D printer or similar device. Just as digitization placed pressure on the copyright system, so will these digital computer-aided design (“CAD”) files stress the patent system. Patents directed to physical objects can now have their value appropriated not only by the transfer of physical embodiments but also by the transferring of CAD files designed to print the invention. We term this phenomenon digital patent infringement.

In this …

Who Pays The Price: The Necessity Of Taxpayer Participation In Chapter 9, C. Scott Pryor

Scholarly Works

No abstract provided.

Making Space For Good Things To Happen: A Restorative Approach To The School To Prison Pipeline, Jon Powell

Scholarly Works

No abstract provided.