Law Commons^™

Florida's Housing Trust Fund -- Addressing The State's Affordable Housing Needs, Kristin Larsen

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Guevremont, Tamar Ezer, Joseph Fins

Florida State University Law Review

Thousands of persons with severe brain injury who are minimally conscious or "locked in" are wrongly treated as if they are unconscious. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. As a result, they constitute a class of persons who often lack access to adequate medical care, rehabilitation, and assistive devices that could aid them in communication and recovery. While this problem is often approached from a medical or scientific point of view, here we frame it as a legal issue amenable to legal remedies. This Article comprehensively explores …

#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson

Florida State University Law Review

No abstract provided.

The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams

Florida State University Law Review

Women’s abortion and parental decision-making in child rearing are constructed as polarized methods of decision-making in law, politics, and society. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This Article exposes the ground to be gained by crossing longstanding boundaries in …

Marriage Equality: The Paralleled Progress Between Public Approval And Supreme Court Decisionmaking, Riley Erin Fredrick

Florida State University Law Review

No abstract provided.

Relationship Status? It's Complicated: Redefining Sexuality In The Workplace In Light Of Obergefell And The Eeoc, Patrick Bailey

Florida State University Law Review

No abstract provided.

Rethinking Body Property, Kara W. Swanson

Florida State University Law Review

Body products, including blood, gametes, and kidneys, are a routine part of contemporary medicine. They are also controversial. There is a strong preference for donated gifts, based on an intuition that gifts are pure, altruistic, and healthy, and that purchased products (commodities) are tainted, exploitative, and dangerous. Law and policy reflect this dichotomy, preventing market exchanges either by declaring body products non-property or banning sales by the supplying body. Yet with growing scarcity leading to injustice in the allocation and harvesting of body products, calls to allow sales have been increasing, motivating proposals to increase supplies by compensating bone marrow …

Renewing Electricity Competition, David Schraub

Florida State University Law Review

The scholarly literature on law and social movement has historically focused on public law issues like environmentalism, reproductive rights, and race relations, while staying far away from business and firm behavior. Business behavior was easily understood as that of self-interested profit-maximizers and thereby left to the economics. Recently, however, social movement theorists have begun paying more attention to the business world. While traditional economic models can explain why businesses pursue higher profits, greater market shares, and superior regulatory climates, they are limited in their ability to explain how wish becomes reality. The formation and identification of market opportunities are products …

"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh Goodmark

Florida State University Law Review

No abstract provided.

Marital Contracting In A Post-Windsor World, Martha M. Ertman

Florida State University Law Review

No abstract provided.

Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widniss

Florida State University Law Review

If, as is widely expected, the Supreme Court soon holds that bans on same-sex marriage are unconstitutional, it is almost certain that the decision will rely heavily on the Court’s reasoning in United States v. Windsor. I strongly support marriage equality. However, a decision that amplifies Windsor’s conception of the harm caused by exclusionary marriage rules could set back efforts to secure legal recognition of, and respect for, non-marital families. That is, Windsor rectified a deep inequality in the law—that same-sex marriages were categorically denied federal recognition—but in so doing it embraced a traditional understanding of marriage as superior to …

The Origin Of Parental Rights: Labor, Intent, And Fathers, Dara E. Purvis

Florida State University Law Review

Most theories of parentage fail to explain the genesis of the right to parent—for example, why does a biological relationship generate parental rights? This Article shows that the law of parental rights mirrors theories of acquiring property, and that the law has shifted over time, from favoring a property right based in genetics to a Lockean theory of property rights earned through labor. The growth of Lockean labor-based theories is epitomized in reforms to parentage laws that incorporate functional theories of parenting, meaning that adults who perform caretaking work that creates a significant relationship with children are recognized as legal …

A Bold Step: What Florida Should Do Concerning The Health Of Its Rural Communities, Licensure, And Telemedicine, Talley L. Kaleko

Florida State University Law Review

No abstract provided.

Review Essay: Martin Van Creveld,* The Rise And Decline Of The State (Cambridge: Cambridge University Press, 1999), Thomas D. Grant

Florida State University Journal of Transnational Law & Policy

No abstract provided.

From Criticism To Critique: Preserving The Radical Potential Of Critical Legal Studies Through A Reexamination Of Frankfurt School Of Critical Theory, Jason E. Whitehead

Florida State University Law Review

No abstract provided.

For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz

Florida State University Law Review

No abstract provided.

Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin

Florida State University Law Review

No abstract provided.

Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.

Florida State University Law Review

No abstract provided.

Release From Terminal Suffering? The Impact Of Aids On Medically Assisted Suicide Legislation, Jody B. Gabel

Florida State University Law Review

No abstract provided.

Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila

Florida State University Law Review

No abstract provided.

The Right To Life In Law: The Embryo And Fetus, The Body And Soul, The Family And Society, Stephen C. Hicks

Florida State University Law Review

No abstract provided.

Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen

Florida State University Law Review

No abstract provided.

"His" And "Her" Story: The Life And Future Of The Law And Society Movement, Felice J. Levine

Florida State University Law Review

No abstract provided.

Back To The Future: The Short, Happy Life Of The Law And Society Movement, David M. Trubek

Florida State University Law Review

The Twenty-Fifth Anniversary Meeting of the Law and Society Association: The Ice Cream Social

The family has returned to Madison, Wisconsin where it all started. The old-timers are in a mood for celebration and self-congratulation. The past presidents are serving ice cream to a huge crowd of people from all over the world. These founding fathers (the first female president is still in office and isn't yet eligible to serve ice cream) look pleased. This is a world they have made. It is full of old friends, recent students, ardent disciples, a few critics who have at least taken them …

Strategic Research In Law And Society, Bryant G. Garth

Florida State University Law Review

No abstract provided.

Durkheimian Epiphanies: The Importance Of Engaged Social Science In Legal Studies, Carrie Menkel-Meadow

Florida State University Law Review

No abstract provided.

Funding Legal Services For The Poor: Floria's Iota Program -- Now Is The Time To Make It Mandatory, Gregory A. Hearing

Florida State University Law Review

No abstract provided.

The Right To Die: Florida Breaks Through Legal Deadlock, Bridget Ann Berry

Florida State University Law Review

No abstract provided.

Sterilization Of The Developmentally Disabled: Shedding Some Myth-Conceptions, Deborah Hardin Ross

Florida State University Law Review

No abstract provided.

Satz V. Perlumutter, 379 So. 2d 359 (1980), Rosemary O'Shea

Florida State University Law Review

Constitutional Law-FLORIDA'S RIGHT TO DIE-A QUESTION OF LITIGATION OR LEGISLATION?