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Full-Text Articles in Law

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier Nov 1991

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier

UF Law Faculty Publications

No abstract provided.


The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin Jan 1991

The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin

UF Law Faculty Publications

This Article sets out various perspectives that litigants, lawyers and judges commonly bring to settlement conferences, perspectives on lawyer-client relations, negotiation, and the role of the judicial host. In examining the opinions in the Heileman case, along with other materials, the Article attempts to uncover the underlying assumptions about the settlement conference that informed the behavior of the judges and lawyers in that case, arguing that Heileman's explanation lies in the lawyers' and judges' tendency to embrace one of two radically different visions of the settlement conference. The Article then catalogs the advantages and disadvantages of involving clients in settlement …


Cultural Critique And Legal Change, Charles W. Collier Jan 1991

Cultural Critique And Legal Change, Charles W. Collier

UF Law Faculty Publications

No abstract provided.


Venue Choice And Forum Shopping In The Bankruptcy Reorganization Of Large, Publicly Held Companies, Lynn M. Lopucki, William C. Whitford Jan 1991

Venue Choice And Forum Shopping In The Bankruptcy Reorganization Of Large, Publicly Held Companies, Lynn M. Lopucki, William C. Whitford

UF Law Faculty Publications

An empirical study of the bankruptcy reorganization of the forty-three largest, publicly held companies to file and complete bankruptcy proceedings from 1979 to 1988 revealed extensive forum shopping. In virtually all cases examined by the authors, the law afforded a choice of venue. In a substantial number, the petitioning company engaged in "forum shopping" by choosing a venue where the company had little or no physical presence. Most often the venue was New York City. In iheir venue choices, petitioners usually sought to avoid venues that appeared hostile to extensions of exclusivity or that aggressively regulated attorneys' fees. The authors …


"Black And Blue Encounters" Some Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?, Tracey Maclin Jan 1991

"Black And Blue Encounters" Some Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?, Tracey Maclin

UF Law Faculty Publications

No abstract provided.


To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol Jan 1991

To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol

UF Law Faculty Publications

The right to reproductive freedom is recognized and protected in virtually every corner of this world. Domestic and international tribunals have increasingly found that the right to privacy includes such a right. Using the various "sources" of international law as an analytical framework, this Article posits, based on an internationalist's perspective, that reproductive freedom -- as part of the penumbral zone of enumerated and existing human rights or as a particular right in se -- is now included in the body of protected international human rights. Consequently, any government interference with the individual's exercise of such freedom constitutes an impermissible …