Law Commons^™

Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs

UF Law Faculty Publications

This article seeks to expand the scope of our understanding of values and their connection to the work of poverty lawyers. The article explores the literature on poverty and moral worthiness. In order to bring clarity to the discussion, it examines social science research on defining "values" and detailing how they can affect behavior. Prof. Jacobs describes the reactions of clinical students to a classroom exercise, which asked them to describe the legal representation they would provide to hypothetical clients. This article describes how the link between students' values and broader societal beliefs affect the practices of the bar and …

On Becoming The Other: Cubans, Castro, And Elian -- A Latcritical Analysis, Berta E. Hernández-Truyol

UF Law Faculty Publications

It is difficult to imagine that a cute, little, six-year-old boy would be able to change the favorable socially constructed images of cubanas/os virtually overnight. But that is precisely what happened with Elian and the comunidad cubana en Miami en estos estados unidos. The story is sad and poignant, heart-wrenching and surreal, human and political, civil and social, cultural and economic. It reaches into the souls of all who have fought and lost after having thought that they had fought and won.

This essay explores the transformation of the Cuban community in the eyes of the estado unidense majority …

The Accidental Crit Ii: Culture And The Looking Glass Of Exile, Pedro A. Malavet

UF Law Faculty Publications

The current "Latin Music Craze" in United States mass media demands critical analysis from the LatCrit community. LatCrit scholars have engaged in the serious discussion of cultural production -- of culture generally and popular culture in particular. LatCrit theory has analyzed cultural production mostly by "others," that is, cultural production internal to outsider communities. LatCritters also have studied how United States mass media portrays Latinas/os, African-Americans and Filipinas/os. This article will examine the competing narratives of Puerto Rican cultures in Puerto Rico and in the United States that are illuminated by the current Latin Music Craze. It will then explore …

Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida’S Water Resources?, Mary Jane Angelo

UF Law Faculty Publications

This Article explores the link between water management and land use planning. First, in Section II, this Article provides an overview of water management in Florida. Then, in Section III, this Article analyzes the differences between planning and regulatory permitting and asserts that both are needed for effective protection of water resources. Section IV reviews the current role that land use planning plays in water management and the current role that water management plays in land use planning. Section V of this Article concludes by evaluating a variety of recommendations that have been made to improve the integration of the …

Who Suffered Antitrust Injury In The Microsoft Case?, John E. Lopatka, William H. Page

UF Law Faculty Publications

Most of the popular and scholarly discussions of Microsoft have focused on whether the defendant violated the law and, if so, whether the remedial order was appropriate. Never far from the surface in all of these discussions, however, has been the prospect of private antitrust suits that would inevitably follow a government victory. Indeed, numerous consumer class actions were filed against Microsoft in the wake of the District Court's issuance of its findings of fact. Should the District Court's decisions on liability stand, Microsoft can expect to face other suits by a variety of actors, including competitors, original equipment manufacturers …

Cybercoverage For Cyber-Risks: An Overview Of Insurers' Responses To The Perils Of E-Commerce, Robert H. Jerry Ii, Michele L. Mekel

UF Law Faculty Publications

Insurers' responses to the risks inherent in e-commerce and the demand for coverage have been anything but uniform. Instead, the solutions are a patchwork of stop-gap measures and niche offerings, including: (1) exclusions to coverage; (2) modifications to existing policies in order to extend or to limit coverage; and (3) the creation of new policies that specifically target Internet-related liabilities and losses. These various measures have been applied in both the first- and third-party settings. This article presents an overview of some of the risks involved in the new "e-economy" and surveys how insurers are responding to these new risks.

Crossing Borderlands Of Inequality With International Legal Methodologies - The Promise Of Multiple Feminisms, Berta E. Hernández-Truyol

UF Law Faculty Publications

This work provides insights into the gendered developments of international law. It explores the roles played by the gendered rule of law and by the conflation of economic, social, political, religious, cultural, and historic realities in the marginalization of women in the international, regional, and domestic spheres worldwide. The first section presents the myriad locations of women's persistent inequality. The next sets forth feminist theory that has been the basis of both the celebration of women's progress and the denunciation of women's subordination. The last part makes suggestions for the articulation of a methodology that follows the complex paths of …

Bargaining For Loyalty In The Information Age: A Reconsideration Of The Role Of Substantive Fairness In Enforcing Employee Noncompetes, Rachel Arnow-Richman

UF Law Faculty Publications

This article explores the enforceability of employee non-compete agreements, with particular attention to their use in information-based industries as a response to increased worker mobility. Non-compete agreements have long been viewed with skepticism by courts and scholars due to historical concerns about employee bargaining power. This article argues that the current approach to assessing the fairness of these agreements is misdirected. Courts attempt to distinguish proper from improper restraints by looking to whether the non-compete protects an employer interest that is separate and distinct from the employer's desire simply to retain the employee. Such an approach is unworkable in an …

Can The Market Evaluate Legal Regimes? A Response To Professors Rasmussen, Thomas, And Skeel, Lynn M. Lopucki

UF Law Faculty Publications

Scholarly projects benefit from thoughtful criticism-particularly by those committed to a contrary view. For that reason, I feel fortunate that the three leading proponents of the efficiency of Delaware bankruptcy reorganization have taken the time to respond to our study.' These three critics recognize that the stakes are enormous. As Professor Rasmussen and Professor Thomas put it, the bankruptcy reorganization of large, public companies was "Delawarized" during the decade of the 1990s. If it can be shown that, during the period of Delawarization, the Delaware court provided a wasteful and inefficient reorganization process, it follows that even a very sophisticated …