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Articles 1 - 11 of 11
Full-Text Articles in Law
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation -- A Presentation, Marketa Trimble
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation -- A Presentation, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the Def Con 19 Conference in Las Vegas, Nevada on August 7, 2011. The presentation discussed what the law has (or does not have) to say about evasion of geolocation or "cybertravel" -- acts by which a user makes geolocation tools believe that he is physically located somewhere other than where he is located.
Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover
Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover
Senior Honors Theses
In the United States, an overtly selfish and sexual culture contributes to the spread of human trafficking, thereby requiring a complete culture shift in order to diminish this modern day slavery initiated by the aberrant culture. Sex trafficking of minors in the United States encompasses a variety of factors that facilitate the bondage and brutal enslavement of American children. These children are bought and sold hundreds of times, with no regard for their personal well-being. Major factors such as demand, vulnerability, and America’s induced culture of sex serve to increase the environment that trap children and youth in commercial sexual …
Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston
Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston
UF Law Faculty Publications
In 2008, the Supreme Court held that the Sixth Amendment permits a trial court to impose a higher competence standard for self-representation than to stand trial. The Court declined to delineate a permissible representational competence standard but indicated that findings of incompetence based on a lack of decisionmaking ability would withstand constitutional scrutiny. To date, no court or commentator has suggested a comprehensive competence standard to address the particular decisional context of self-representation at trial. Conceptualizing self-representation as an exercise in problem solving, this Article draws upon social problem-solving theory to identify abilities necessary for autonomous decisionmaking. The Article develops …
Congress' Primary Role In Determining What Full Faith And Credit Requires: An Additional Argument, Mark D. Rosen
Congress' Primary Role In Determining What Full Faith And Credit Requires: An Additional Argument, Mark D. Rosen
All Faculty Scholarship
No abstract provided.
Partisan Conflicts Over Presidential Authority, Jide Okechuku Nzelibe
Partisan Conflicts Over Presidential Authority, Jide Okechuku Nzelibe
Faculty Working Papers
A prevailing view in the legal and political science literature assumes that power holders seek to expand or contract their constitutional authority based on incentives that are intrinsic to the logic of the institutional offices they occupy. For instance, it is generally assumed that Presidents are empire builders who will almost always prefer maximum flexibility in shaping their policy objectives, whereas members of Congress may sometimes shirk their institutional prerogatives because of electoral incentives or collective action problems. A similar institutional logic underpins the view that federal courts will often seek to expand their interpretive authority in constitutional controversies at …
Withdrawing From International Custom: Terrible Food, Small Portions, Carlos Manuel Vázquez
Withdrawing From International Custom: Terrible Food, Small Portions, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Curtis A. Bradley and Mitu Gulati’s Withdrawing from International Custom brings to mind the old joke recounted by Woody Allen in Annie Hall: “Two elderly women are at a Catskill mountain resort, and one of ’em says, ‘Boy, the food at this place is really terrible.’ The other one says, ‘Yeah, I know; and such small portions.’” Similarly, while Bradley and Gulati attack international law’s current prohibition of unilateral withdrawal from custom, they propose an alternative that differs only modestly from it (small portions). At the same time, the doctrinal change they propose would take customary international law in the …
Conflict Of Norms Or Conflict Of Laws?: Different Techniques In The Fragmentation Of International Law, Ralf Michaels, Joost H.B. Pauwelyn
Conflict Of Norms Or Conflict Of Laws?: Different Techniques In The Fragmentation Of International Law, Ralf Michaels, Joost H.B. Pauwelyn
Faculty Scholarship
One of the most pressing topics in current international law is fragmentation. Traditionally, most constructive attempts to deal with fragmentation have been based on analogies what one of us, in an earlier book, called "conflicts of norms" - those rules in domestic law that deal with conflicts of norms within one legal system. In this article, we assess under what circumstances a different approach, based on an analogy to conflict of laws - those rules in domestic law that deal with conflicts of norms between different legal systems - yields a more adequate structure. The result is that public international …
In Defense Of The Substance-Procedure Dichotomy, Jennifer S. Hendricks
In Defense Of The Substance-Procedure Dichotomy, Jennifer S. Hendricks
Publications
John Hart Ely famously observed, "We were all brought up on sophisticated talk about the fluidity of the line between substance and procedure," but for most of Erie's history, the Supreme Court has answered the question "Does this state law govern in federal court? " with a "yes" or a "no." Beginning, however, with Gasperini v. Center for Humanities, and continuing with Semtek v. Lockheed Martin and the dissenting opinion in Shady Grove v. Allstate, a shifting coalition of justices has pursued a third path. Instead of declaring state law applicable or inapplicable, they have claimed for …
Current Jurisdictional And Recognitional Issues In The Conflict Of Laws, Vaughan Black, Joost Blom
Current Jurisdictional And Recognitional Issues In The Conflict Of Laws, Vaughan Black, Joost Blom
All Faculty Publications
In honour of the 40th Consumer and Commercial Law Workshop and the 50th volume of the Canadian Business Law Journal we have been asked to provide a retrospective of developments in the conflict of laws that highlights emerging issues. We have chosen to present it in a conversational fashion in which each of us presents a perspective and the other two offer their comments.
Institutional Practice, Procedural Uniformity, And As-Applied Challenges Under The Rules Enabling Act, Catherine T. Struve
Institutional Practice, Procedural Uniformity, And As-Applied Challenges Under The Rules Enabling Act, Catherine T. Struve
All Faculty Scholarship
The article offers information on the federal practices, uniformity in the actions and challenges faced by Supreme Court in decisions related to the court cases. It assesses the court cases Shady Grove Orthopedic Associates, PA v. Allstate Insurance Co. and Hanna v. Plumer and mentions the challenges of jurisdiction in taking decisions.
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
Articles
This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly protect consumers by discouraging party agreement on a pre-dispute basis to the law governing a consumer contract. These rules are compared with the absence of private international law restrictions on choice of forum and choice of law in the United States, even in consumer contracts. The result …