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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 …

Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow

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International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …

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.

A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers

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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.

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 …

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

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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.

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 …

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 …

The Selection Of An Arbitrator: A Human Resource Management Perspective, Kenneth Anderson

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No abstract provided.

Human Rights Hero - Coretta Scott King, Stephen Wermiel

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No abstract provided.

Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai

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From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …

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

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No abstract provided.

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

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At the end of August 2003, representatives of Alabama, Florida, and Georgia ceased negotiating over a water apportionment formula for an interstate compact governing the Apalachicola-Chattahoochee-Flint ("ACF') River Basin ("the Basin" or "the River Basin"). The negotiations began in 1998 after the states stepped back from ongoing litigation. They ended with the probability of future litigation, which might involve the doctrine of equitable apportionment in federal courts and could invoke the original jurisdiction of the United States Supreme Court. The negotiations were the meat of a litigation sandwich. A panel discussed the reasons for the negotiations' failure at the meeting …