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Articles 1 - 30 of 71
Full-Text Articles in Law
Lucifer's Fiasco: Lawyers, Liars, And L'Affaire Lewinsky, Rob Atkinson
Lucifer's Fiasco: Lawyers, Liars, And L'Affaire Lewinsky, Rob Atkinson
Scholarly Publications
No abstract provided.
Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson
Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson
Scholarly Publications
Professor Atkinson hopes William Faulkner’s Intruder in the Dust will replace Harper Lee’s To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protégé try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Finch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself. The first urges us to …
Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt
Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Lawyering In Law's Republic: William Simon's The Practice Of Justice: A Theory Of Lawyers' Ethics, Rob Atkinson
Lawyering In Law's Republic: William Simon's The Practice Of Justice: A Theory Of Lawyers' Ethics, Rob Atkinson
Scholarly Publications
No abstract provided.
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
Scholarly Publications
A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …
Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson
Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson
Scholarly Publications
No abstract provided.
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Scholarly Publications
No abstract provided.
Book Review - Florida Legal Research: Sources, Process, And Analysis, A. Darby Dickerson
Book Review - Florida Legal Research: Sources, Process, And Analysis, A. Darby Dickerson
Florida State University Law Review
No abstract provided.
Fsu Law Magazine (Summer 1999), Florida State University College Of Law Office Of Advancement And Alumni Affairs
Fsu Law Magazine (Summer 1999), Florida State University College Of Law Office Of Advancement And Alumni Affairs
Alumni Newsletter & FSU Law Magazine
No abstract provided.
Comment On Steve Lubet: Reconstructing Atticus Finch, Rob Atkinson
Comment On Steve Lubet: Reconstructing Atticus Finch, Rob Atkinson
Scholarly Publications
No abstract provided.
Second Generation Of Law And Economics Of Conflict Of Laws: Baxter's Comparative Impairment And Beyond, Erin O'Hara O'Connor, William H. Allen
Second Generation Of Law And Economics Of Conflict Of Laws: Baxter's Comparative Impairment And Beyond, Erin O'Hara O'Connor, William H. Allen
Scholarly Publications
In his 1963 article in the Stanford Law Review, “Choice of Law and the Federal System,” Professor William F. Baxter criticized the choice-of-law approach of the First Restatement of the Conflict of Laws. According to the Restatement, courts should apply the law of the state where the last act or event deemed necessary to create a cause of action occurred. In contrast, Baxter advocated a comparative-impairment approach, whereby judges were obligated to apply the law of the state whose public policy would suffer the greatest impairment if its law was not applied. The authors contend that although Baxter’s approach caries …
Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe
Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe
Florida State University Law Review
No abstract provided.
Bankruptcy's Organizing Principle, David Gray Carlson
Bankruptcy's Organizing Principle, David Gray Carlson
Florida State University Law Review
No abstract provided.
Insurance Regulation In The United States: Regulatory Federalism And The National Association Of Insurance Commissioners, Susan Randall
Insurance Regulation In The United States: Regulatory Federalism And The National Association Of Insurance Commissioners, Susan Randall
Florida State University Law Review
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
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.
Information Liability: The Possible Chilling Effect Of Tort Claims Against Producers Of Geographic Information Systems Data, Jennifer L. Phillips
Information Liability: The Possible Chilling Effect Of Tort Claims Against Producers Of Geographic Information Systems Data, Jennifer L. Phillips
Florida State University Law Review
No abstract provided.
The Dangers Of Symbolic Legislation: Perceptions And Realities Of The New Burden-Of-Proof Rules, Steve R. Johnson
The Dangers Of Symbolic Legislation: Perceptions And Realities Of The New Burden-Of-Proof Rules, Steve R. Johnson
Scholarly Publications
There is a growing political science and legal literature on the use of symbolism in the political and legislative process. Tax law is a natural arena for such inquiry as tax law touches virtually every type of human interaction, is heavily value-driven, and is a perennial political battleground. This article examines a recent tax law change-the enactment of new burden-of-proof rules in the summer of 1998 – concluding that it is a pernicious exercise in symbolic legislation.
Empire Or Residue: Visions Of The Contractual Canon, Ian Ayres
Empire Or Residue: Visions Of The Contractual Canon, Ian Ayres
Florida State University Law Review
No abstract provided.
Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel
Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel
Florida State University Law Review
No abstract provided.
Bankruptcy's Organizing Principle, David Gray Carlson
Bankruptcy's Organizing Principle, David Gray Carlson
Florida State University Law Review
No abstract provided.
Trusts For Purposes: Policy, Ambiguity, And Anomaly In The Uniform Laws, Adam J. Hirsch
Trusts For Purposes: Policy, Ambiguity, And Anomaly In The Uniform Laws, Adam J. Hirsch
Florida State University Law Review
No abstract provided.
Leveling The Hill Of Sisyphus: Becoming A Professor Of Legal Writing, Jan M. Levine
Leveling The Hill Of Sisyphus: Becoming A Professor Of Legal Writing, Jan M. Levine
Florida State University Law Review
No abstract provided.
Bending The Rules: Flexible Regulation And Constraints On Agency, Mark Seidenfeld
Bending The Rules: Flexible Regulation And Constraints On Agency, Mark Seidenfeld
Scholarly Publications
No abstract provided.
Through The Past Darkly: A Survey Of The Uses And Abuses Of Victim Impact Evidence In Capital Trials, Wayne A. Logan
Through The Past Darkly: A Survey Of The Uses And Abuses Of Victim Impact Evidence In Capital Trials, Wayne A. Logan
Scholarly Publications
This Article examines the recent history of victim impact evidence in capital sentencing, as permitted by the United States Supreme Court's landmark 1991 decision in Payne v. Tennessee, which overruled two other recent holdings of the Court squarely prohibiting such evidence.
The Potential And The Pitfalls Of Habitat Conservation Planning Under The Endangered Species Act, Shi-Ling Hsu
The Potential And The Pitfalls Of Habitat Conservation Planning Under The Endangered Species Act, Shi-Ling Hsu
Scholarly Publications
Editors' Summary: The ESA is simultaneously the most popular and most hated of environmental statutes. Conservationists fervently support the ESA's mission of preventing the extinction of our country's fish, wildlife, and plants, but private landowners subject to ESA restrictions claim that the Act unfairly and illogically restricts the use of their valuable property. As the agency with primary responsibility for the ESA's administration, the U.S. Fish and Wildlife Service (FWS) is caught between both sides. This Article examines how the FWS uses habitat conservation plans (HCPs) to balance the demands of conservationists and property owners. The Article begins by discussing …
Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder
Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Encouraging Foreign Direct Investment In Vietnam: Economic Reform, Protection Against Expropriation, And International Arbitration, Hiep D. Truong
Encouraging Foreign Direct Investment In Vietnam: Economic Reform, Protection Against Expropriation, And International Arbitration, Hiep D. Truong
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Kyoto Protocol: The Battle Over Global Warming Heats Up, Jeffrey A. Ferguson
The Kyoto Protocol: The Battle Over Global Warming Heats Up, Jeffrey A. Ferguson
Florida State University Journal of Transnational Law & Policy
No abstract provided.
United States Immigration Policy: Detaining Cuban Refugees Taken From The Sea, Matthew A. Pingeton
United States Immigration Policy: Detaining Cuban Refugees Taken From The Sea, Matthew A. Pingeton
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua
The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua
Florida State University Journal of Transnational Law & Policy
No abstract provided.