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A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002

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A review of Florida Bar discipline from documents available to the public from 1988-2002.

A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck

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In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.

Anthrax Hoaxes, Ira Robbins

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INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist2 and who was condemned by the media.3 Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond.4 Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …

Econometric Methods In Staples, Jonathan Baker, Orley Ashenfelter, David Ashmore, Suzanne Gleason, Daniel Hosken

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Econometrics played a major role in the investigation and litigation of the Federal Trade Commission's successful challenge to the proposed merger between two office superstore chains, Staples and Office Depot. Our goal in writing this essay is to describe the econometric issues at stake in evaluating the FTC's central claim that the price charged by office supply superstores was related to the number and identity of superstore firms participating in the market. Similar statistical models were relied upon by the FTC and the merging firms to analyze pricing. Our discussion of these models highlights the advantages and disadvantages of alternative …

Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona

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In Changing Channels and Bridging Divides: The Failure and Redemption of American Broadcast Television Regulation Professor Varona analyzes how the Supreme Court, Congress and the FCC have defined the legal duties of commercial broadcasters throughout the maturation of the television industry. First, he shows how the public trustee doctrine has failed, with broadcasters today airing very little 'public interest' programming. Second, he examines how and why the FCC has failed to effectively elucidate and enforce the public trustee doctrine, focusing on the irreconcilable First Amendment and commercial tensions inherent in the public trustee doctrine since its inception and the 'capture' …

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins

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The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence northe opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,without due process of law[.]” While prosecutors may offer many justifications to support the practice of namingunindicted co-conspirators, these reasons do not withstand …

Introduction To Symposium On Integrating New Economic Learning With Antitrust Doctrine, Jonathan Baker

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No abstract provided.

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

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No abstract provided.

Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson

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No abstract provided.

Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena

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No abstract provided.

Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher

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No abstract provided.

Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll

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Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …

One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary Clark

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No abstract provided.

Inter-American System, Claudia Martin

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No abstract provided.

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts

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No abstract provided.

Speech And Strife, Robert L. Tsai

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The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …

Association Of American Law Schools Conference: Transcript Of The Section On Natural Resources In Atlanta, Georgia, Barlow Burke

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No abstract provided.

Global Legal Education And Human Rights, Claudio Grossman

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American University Washington College of Law's Human Rights Brief is an important educational tool for all of us and is a tremendous source for those involved in human rights work around the world. The Brief promotes the development of human rights by providing both analysis and information about cutting edge cases involving human rights violations today. On the occasion of the tenth anniversary of the Brief, I will reflect on what I perceive to be the changes necessary for legal education and discuss the role of human rights in that process.

The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley

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In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …

Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams

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As the situation in Iraq continues to stabilize, the people of Iraq will turn to the task of reconstituting an Iraqi state. One of the first steps in this process will be to design, agree upon, and implement a new constitutional structure. While drafting a new constitution is a difficult and contentious process for any country, the challenges are substantially magnified for Iraq given its complex mosaic of ethnic and religious identities, the history of repression under Saddam Hussein, the necessary presence of American forces, and Iraq’s complex relations with its neighboring states.

The overriding tension faced by the drafters …

Human Rights Hero - Coretta Scott King, Stephen Wermiel

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No abstract provided.

Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul Williams, Karen Heymann

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No abstract provided.

Back To The Future With Privileges Abandon Codification, Not The Common Law, Paul Rice

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No abstract provided.

Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams

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In Bosnia, 250,000 civilians were killed and over one million displaced in a campaign of genocide carried out by Serbia in response to Bosnia's declaration of independence from the former Yugoslavia. ... Each case of earned sovereignty is characterized by an initial stage of shared sovereignty, whereby the state and substate entity may both exercise some sovereign authority and functions over a defined territory. ... Phased sovereignty entails the accumulation by the substate entity of increasing sovereign authority and functions over a specified period of time prior to the determination of final status. ... While Serbia and Montenegro, Northern Ireland, …

Consistently Revealing The Inconsistencies: The Construction Of Fear In The Criminal Law, Camille Nelson

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This article focuses on the objective reasonable person standard in criminal law through the context of self defense and rape and their problematic construction. This article seeks to illustrate to law students the inconsistency of the aimed objective construction of the reasonable person standard because of its inherently subjective application. By examining People v. Goetz and State v. Alston, this article seeks to explore how societal norms reveal the undercurrent of negative associations of both gender and racial identity that lead to a subjective application of the reasonable person standard.

In Goetz, the defendant was able to successfully draw on …

Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher

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No abstract provided.

Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda

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INTRODUCTION: { 1 } America Online, Inc. ("AOL") and Time Warner Inc. announced their intention to merge on January 10, 2000.' At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission ("FTC") and Federal Communications Commission ("FCC"), more than one thousand local communities conducted their own reviews of the merger. The FTC identified "open access" to the Time Warner Cable platform as an issue meriting specific relief {2} The FCC, for its part, specifically identified "instant messaging" ("IM") as …

Preemption In The 21st Century: What Are The Legal Parameters?, Paul Williams, Scott Lyons, Tali Neuwirth

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While there has been significant political discussion as to the utility and/or risks associated with the doctrine of preemption, the legal debate has to date been fairly limited. Few if any have sought to define the legal parameters of the doctrine. The purpose of this article is to help define the appropriate legal parameters for use of the doctrine. This article will first review the strategic rationale for preemption, and a detailed definition of the modern doctrine. This will be followed by a review of the United States’ government’s legal rationale and a review of the emerging legal debate before …

Connection, Capacity And Morality In Lawyer-Client Relationships: Dialogues And Commentary,, Robert Dinerstein, Stephan Ellmann, Isabelle Gunning

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As important,and difficult, as it is to offer new law students clearand helpful frameworks for the interpersonalwork of lawyering, do-ing so is only part of what a clinical textbook may aspire to. In ourtextbook-in-progress, we hope to offer both frameworks and support for students' sense of the incompleteness of every framework and for their recognition of the need for careful,flexible response to each in-dividual client. Even care and flexibility by themselves are notenough, however, and every text must choose which aspects of law- yer-client relationshipsit will emphasize most. In the sections thatfol-low, we focus on lawyers' development of "connection in …

Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer

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INTRODUCTION: Ten years after the Supreme Court decided Brown v. Board of Education, now a symbol of the beginning of the end of racial discrimination, Congress passed Title VII of the Civil Rights Act of 1964. Title VII opened the workplace to all races and women in ways that had not previously existed. While discrimination in the workplace has not disappeared in the forty years since Title VII's enactment, one sees minorities and women in a greater variety of jobs, and at higher levels, than one would have seen a generation ago. The promise of Brown, however, has not been …