Digital Commons Network^™

In Defense Of Private-Label Mortgage-Backed Securities, Brent J. Horton

Florida Law Review

No abstract provided.

Good Conduct Time: How Much And For Whom? The Unprincipled Approach Of The Model Penal Code: Sentencing, Nora V. Demleitner

Florida Law Review

No abstract provided.

Tragedy, Skepticism, Empirics, And The Mpcs, Robert Weisberg

Florida Law Review

No abstract provided.

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.

Introduction To The Symposium On The Model Penal Code's Sentencing Proposals, Christopher Slobogin

Florida Law Review

No abstract provided.

Demographic Impact Statements, O'Connor's Warning, And The Mysteries Of Prison Release: Topics From A Sentencing Reform Agenda, Kevin R. Reitz

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.

Why Justice Thomas Should Speak At Oral Argument, David A. Karp

Florida Law Review

No abstract provided.

Out Of Jail And Out Of Luck: The Effect Of Negligent Hiring Liability And The Criminal Record Revolution On An Ex-Offender's Employment Prospects, Ryan D. Watstein

Florida Law Review

No abstract provided.

The Other Patent Agency: Congressional Regulation Of The Itc, Sapna Kumar

Florida Law Review

The United States International Trade Commission has recently experienced a dramatic increase in patent infringement investigations under § 337 of the Tariff Act of 1930. In fact, the number of patent enforcement actions submitted to the ITC has nearly doubled in the last five years. Patent holders are selecting this forum because of its speedy proceedings and its ability to award broad exclusion orders. This rise in ITC patent litigation, however, has revealed weaknesses in the structure of § 337. In broadening the provision to facilitate the enforcement of patent rights, Congress failed to consider the impact of this change …

Take Your Gun To Work And Leave It In The Parking Lot: Why The Ohs Act Does Not Preempt State Guns-At-Work-Laws, Dayna B. Royal

Florida Law Review

No abstract provided.

Modernizing Water Law: The Example Of Florida, Christine A. Klein, Mary Jane Angelo, Richard Hamann

Florida Law Review

This Article takes a national view of the modernization of water law. Using Florida as an example, it identifies some of the most important and controversial challenges faced by states. Part II provides an overview of the process of water law reform. As states attempt to improve water management, they have modified their common law water allocation systems with an overlay of statutory law. Often, the process occurs in a piecemeal fashion, resulting in a patchwork of rules—common law and statutory, old and new. In rare cases—including that of Florida—the process may be more comprehensive, one through which states supplement …

Gina: A Genetic Information Nondiscrimination Solution In Search Of A Problem, Patricia Alten

Florida Law Review

Genetic discrimination is unfair to workers and their families. It is unjustified—among other reasons, because it involves little more than medical speculation. A genetic predisposition toward cancer or heart disease does not mean the condition will develop. To address the potential use of genetic information by employers to discriminate against employees, Congress enacted the Genetic Information Nondiscrimination Act of 2008 (GINA). This Note proposes the need for modifications to GINA before it is effective in late 2009. In its current state, the provisions relating to employers are overly broad and could catch many employers in unknowing violations. Although GINA prohibits …

Passenger Standing To Challenge Searches And Seizures: A Distinction Without A Constitutional Difference, Dante P. Trevisani

Florida Law Review

This Note argues that the holding of the Court’s past decisions denying passengers standing to challenge searches comports neither with logic nor with its recent decision in Brendlin, and should there fore be changed. Part II explains the development of the law regarding passenger standing in searches, which Part III explains the development of the law regarding passenger in seizures. Part IV argues that the differing approaches to passenger standing are theoretically inconsistent and cannot be reconciled. Part V addresses the reason for this inconsistency; namely, the Court’s erroneous determinations of how a “reasonable” person feels during searches and …

Teachers As Sexual Harassment Victims: The Inequitable Protections Of Title Vii In Public Schools, Richard D. Shane

Florida Law Review

This Note argues that teachers who are victims of sexual harassment by their students should be afforded the same federal protections under Title VII as students who are the victims of sexual harassment. Part II discusses the protections of federal laws that have been extended to victims of student-on-student and teacher-on-student sexual harassment. Part II also explains how Title IX fails to adequately provide relief to teachers as victims of student-on-teacher sexual harassment. Part III discusses the application of Title VII to teachers as victims of sexual harassment in a hostile work environment and details the limited success of teachers …

The Real Value Of Tax Deferral, Christopher H. Hanna

Florida Law Review

A leading law professor wrote a quarter-century ago that deferral of gain “is not as serious as outright exemption, but it is the next best thing.” Few tax law academics would disagree. But how important is tax deferral in the real world, particularly with respect to the Fortune 500 companies and other publicly held corporations, on which I focus and refer to as “Corporate America”? In this Article, I propose that tax exemption and tax deferral as a significant benefit for a corporation. Even if tax rates remain constant over time, there is a time value of money benefit in …

State Standing After Massachusetts V. Epa, Calvin Massey

Florida Law Review

No abstract provided.

Perpetual Property, Sarah Harding

Florida Law Review

No abstract provided.

Didn't My General Contractor Pay You? Subcontractor Construction Liens In Residential Construction Projects, Heather Howdeshell

Florida Law Review

This Note addresses the current state of Florida’s construction lien laws as applied to residential real estate development and renovations in the aftermarket context. In sum, this Note proposes that the Florida Construction Lien Law should provide greater protection from construction liens to residential consumers and homeowners. While contractors and subcontractors need assurance of payment, homeowners alone should not shoulder the risk that subcontractors and materials suppliers may not be paid by contractors. First, this Note discusses the historical precedent and circumstances developing Florida’s current construction lien law. Second, this Note analyzes and critique the current Florida construction lien law …

Guilt By Machine: The Problem Of Source Code Discovery In Florida Dui Prosecutions, Charles Short

Florida Law Review

This Note explores the issue of source code discovery by DUI defendants. Part II of this Note examines the case law and statutes used to shield breath testing machines from scrutiny. It examines both the approach taken by Florida and the approaches adopted in other states. Part II also discusses the application of trade secrets protection to the source code of breath testing machines. Part III further examines the problem of source code discovery through the lens of the Confrontation Clause of the Sixth Amendment to the United States Constitution. Finally, Part IV concludes by posing a solution to the …

Applying The Common Fund Doctrine To An Erisa-Governed Employee Benefit Plan's Claim For Subrogation Or Reimbursement, E. Farish Percy

Florida Law Review

The Supreme Court’s recent decision in Sereboff v. Mid Atlantic Medical Services, Inc. will likely encourage ERISA-governed plans to assert claims for reimbursement more aggressively. Prior to Sereboff, plans were often unsuccessful in recovering reimbursement, in large part because § 502(a)(3) of ERISA limits the relief available to a plan seeking reimbursement to “appropriate equitable relief” necessary to redress a violation of plan provisions requiring reimbursement or subrogation. In Sereboff, however, the Court held that the claim for reimbursement at issue was a claim for “equitable relief” under § 502(a)(3) because both the nature of the relief sought …

Adapting U.C.C. § 2-615 Excuse For Civilian-Military Contractors In Wartime, Jennifer S. Martin

Florida Law Review

When should a civilian seller of goods who delays delivery or cancels altogether under wartime contract be able to claim excuse under U.C.C. Article 2? The unprecedented extent of the U.S. military’s use of contractors abroad calls for a rethinking of U.C.C. impracticability, as private parties face wartime risks once encountered solely by the government. The traditional approach typically denies the seller the right to excuse the failure of delivery in instances where the wartime risk might be categorized as foreseeable or is expressly or impliedly allocated to the seller. This analysis forces a dilemma upon the seller facing threats …

From Loyalty To Conflict: Addressing Fiduciary Duty At The Officer Level, Usha Rodrigues

Florida Law Review

Conflicts of interest are the quintessential agency cost—the constant, lurking danger that agents may seek their own personal gain, rather than the good of the corporation. Yet many corporate employees lack knowledge as to exactly what constitutes a conflict of interests. This ignorance facilitated the kind of fraud seen in Enron, WorldCom, and the options backdating scandals, and may help explain the out-sized payouts that many high-level corporate officers received even as the financial institutions they headed verged on self-destruction, Each case required not only affirmative fraudulent behavior on the part of a few, but also the tacit acceptance of …

The Role Of The Wsu Woods In Army Rotc Training, Edward Wittig, Caleb Matos

Runkle Woods Symposia

Our Mission at Army ROTC is to harness and develop the leadership potential of current and future Wright State University students to commission competent and confident officers to serve and lead in the United States Army. We accomplish that mission with the help of the Wright State Woods. Our students learn through a unique program that involves both classroom and “LIVE” hands on situations.

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.

Revisiting The Cretaceous-Paleogene Boundary In Western Kentucky, Usa, Jarred Asselta

Scholars Week

This study revisits a Cretaceous-Paleogene (K-Pg) sedimentary section in western Kentucky to determine the nature of this boundary and the depositional environments. Although previous pollen work identified the boundary over four decades ago, to our knowledge no work has been carried out at this important K-Pg boundary site. A combination of stratigraphy and sedimentology were used to characterize the section in detail. Bulk and oriented samples were collected for grain-size, geochemical, and petrographic analysis. We relocated the site and measured 1.5m of section that includes the K-Pg boundary. Four distinct units were identified and from base to top of section …

Mapping Of Non-Native Invasive Plant Species Using Remote Sensing And Gis: Assessment Of Human Impact On Kudzu (Pueraria Montana) Spread, Harshitkumar Godhasara

Scholars Week

Remote sensing methods provide tools to identify and map non-native plants. Biophysical characteristics of plants can be utilized to recognize and distinguish non-native invasive plants from other native plant species. Kudzu is an invasive plant, which causes economic loss and decreases biodiversity. Moreover, kudzu doubles emission of nitric oxide and increases ozone pollution. The impact of human activities on the spread of noxious plant species like kudzu can be assessed utilizing remote sensing and geographic information systems (GIS) tools. Kudzu spread in the USA was mapped using in situ data including the actual coordinates of kudzu sites. Geographic distribution of …

Relationships Between Different Management Practices And Selected Soil Health Indicators, Erika Lambert, Jack Howard, Sammuel Tapp

Scholars Week

Relationships Between Different Management Practices and Selected Soil Health Indicators

Jack Howard, Erika Lambert, Samuel Tapp, Corey Hale, Mallorie Snider, Dr. Brian Parr, and Dr. Iin Handayani

Hutson School of Agriculture, Murray State University

Abstract

Soil health is essential for growing crops productively. Healthy soils help to reduce erosion, improve nutrient cycling, and lower input cost. Understanding how crop rotations and tillage systems affect soil is key to preserving soil while also improving agricultural income and efficiency. This study was conducted in Calloway County, Kentucky to observe the effects of different management practices over nine sites of management on the …