Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (93)
- Tax Law (87)
- Antitrust and Trade Regulation (80)
- Environmental Law (80)
- Constitutional Law (65)
-
- First Amendment (65)
- Legal Education (59)
- Law and Gender (55)
- Law and Society (52)
- Criminal Law (51)
- Human Rights Law (45)
- Bankruptcy Law (44)
- International Law (43)
- Labor and Employment Law (42)
- Family Law (41)
- Comparative and Foreign Law (39)
- Dispute Resolution and Arbitration (37)
- Legal Writing and Research (35)
- Legal History (33)
- Property Law and Real Estate (31)
- Business Organizations Law (30)
- Fourth Amendment (30)
- Intellectual Property Law (30)
- Law and Race (28)
- Securities Law (26)
- Legal Ethics and Professional Responsibility (25)
- Juvenile Law (24)
- Land Use Law (23)
- Criminal Procedure (22)
- Keyword
-
- Antitrust (53)
- First Amendment (43)
- Environmental law (38)
- Legal education (35)
- Race (34)
-
- Gender (33)
- Privacy (27)
- Tax law (27)
- Human rights (24)
- Dispute resolution (21)
- Family law (20)
- Ethics (19)
- Negotiation (17)
- Taxation (17)
- Bankruptcy (16)
- Discrimination (16)
- Tax (16)
- Criminal law (15)
- Florida (15)
- Racism (15)
- Women (15)
- Fourth Amendment (14)
- Economics (13)
- Equality (13)
- Federal courts (13)
- Mediation (13)
- Affirmative action (12)
- Civil rights (12)
- Contract law (12)
- Federalism (12)
- Publication Year
Articles 31 - 60 of 1170
Full-Text Articles in Law
Do Gilti + Beat + Bmt = Globe?, Mindy Herzfeld
Do Gilti + Beat + Bmt = Globe?, Mindy Herzfeld
UF Law Faculty Publications
The enactment by the United States in August 2022 of a minimum tax on the global book earnings of large corporations (the book minimum tax, or BMT) raises the question of how the US minimum taxes – including the global intangible low-taxed income (GILTI), the base erosion and anti-abuse tax (the BEAT) and the BMT – interact with the global minimum tax, or GloBE, agreed to by over 135 countries under an OECD framework. Particularly important are questions regarding the hierarchy in application of different regimes. In the context of multiple agreements for global minimum taxes, how to determine who …
The Long-Term Effects Of Short Selling And Negative Activism, Peter Molk, Frank Partnoy
The Long-Term Effects Of Short Selling And Negative Activism, Peter Molk, Frank Partnoy
UF Law Faculty Publications
We investigate the long-term effects of short selling and “negative activism,” where activists seek to profit from declines in the share prices of targeted firms. We show that negative activism is associated with significant and declining long-term share returns and operating performance, as well as an increase in securities litigation and regulatory actions against targeted firms. We explore the policy implications of this new evidence, including ways that policy makers and market participants might take advantage of the potential benefits of short selling negative activism. Our message is straightforward: resist impulses to curb short selling, and instead embrace attempts to …
Groundwater Exceptionalism: The Disconnect Between Law And Science, Christine A. Klein
Groundwater Exceptionalism: The Disconnect Between Law And Science, Christine A. Klein
UF Law Faculty Publications
Most judges, legislators, and regulators would be hard-pressed to articulate a comprehensive legal theory of groundwater. And yet, this under-appreciated, over-used, life-sustaining resource plays an increasingly pivotal role in prominent legal controversies. In defiance of hydrologic reality, lawmakers have routinely singled out groundwater for unique treatment and decoupled it from surface water. This Article dubs such phenomenon “groundwater exceptionalism,” and identifies groundwater as an under-theorized aspect of both property law and water law. It brings to light the numerous legal doctrines infected by exceptionalism, including state water rights law, the federal reserved rights doctrine, the apportionment of interstate waters, and …
The Political Economy Of Foreign Sovereign Immunity, Maryam Jamshidi
The Political Economy Of Foreign Sovereign Immunity, Maryam Jamshidi
UF Law Faculty Publications
The Foreign Sovereign Immunities Act (“FSIA”) prohibits civil litigation against foreign states, their agencies, and instrumentalities unless one of several enumerated exceptions to immunity applies. The most important of these exceptions is for the commercial activity of foreign sovereigns. While underappreciated, various capitalist interests have comported with and been furthered by the FSIA. Applying a political economy lens, this Article demonstrates how the statutory framework for private litigation against foreign sovereigns has aligned with interests and prerogatives associated with particular stages of capitalist development—as evidenced by the historical evolution of foreign sovereign immunity doctrine and the FSIA’s eventual passage; the …
Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo
Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo
UF Law Faculty Publications
For noncitizens facing removal, habeas corpus provides one of very few avenues for Article III review. For decades, habeas proceedings have been interpreted as falling under the ambit of the Equal Access to Justice Act (EAJA), which provides for the award of attorneys’ fees to prevailing parties in suits against the federal government. But this understanding is being challenged, threatening the judicial backstop to executive and legislative overreach in immigration. Reducing the ability of lawyers to recover their fees in these circumstances will reduce the number and quality of habeas challenges by individuals being detained while they await removal—a particularly …
Delusions, Moral Incapacity, And The Case For Moral Wrongfulness, E. Lea Johnston
Delusions, Moral Incapacity, And The Case For Moral Wrongfulness, E. Lea Johnston
UF Law Faculty Publications
Responsibility is a legal—not medical—construct. However, science can be useful in exposing faulty assumptions underlying current doctrine or practice, illuminating changes in practice or evidentiary standards to better effectuate the law’s animating purpose, and even suggesting updates to legal standards to account for modern understandings of functionalities of concern. This Article uses the science of delusions to assess the law regarding, and practice of establishing, criminal irresponsibility for defendants with psychosis. Over the last two decades, researchers from the cognitive sciences have compiled strong evidence that a host of cognitive and emotional impairments contribute to the origin and maintenance of …
The Powerpoint Channel, Lynn M. Lopucki, William C. Whitford
The Powerpoint Channel, Lynn M. Lopucki, William C. Whitford
UF Law Faculty Publications
This Article is the first to present a comprehensive theory and style for using PowerPoint to teach law. The theory is that presentation software adds a channel of communication that enables the use of images in combination with words. Studies have shown that combination to substantially enhance learning. The style is based on an extensive literature regarding the use of PowerPoint in teaching law and other higher education subjects as well as the author’s experimentation with PowerPoint over two decades. The Article states fourteen principles for slide or slide sequence design, provides the arguments from the literature for and against …
Assuming The Risks Of Artificial Intelligence, Amy L. Stein
Assuming The Risks Of Artificial Intelligence, Amy L. Stein
UF Law Faculty Publications
Tort law has long served as a remedy for those injured by products—and injuries from artificial intelligence (“AI”) are no exception. While many scholars have rightly contemplated the possible tort claims involving AI-driven technologies that cause injury, there has been little focus on the subsequent analysis of defenses. One of these defenses, assumption of risk, has been given particularly short shrift, with most scholars addressing it only in passing. This is intriguing, particularly because assumption of risk has the power to completely bar recovery for a plaintiff who knowingly and voluntarily engaged with a risk. In reality, such a defense …
The World Of Private Terrorism Litigation, Maryam Jamshidi
The World Of Private Terrorism Litigation, Maryam Jamshidi
UF Law Faculty Publications
Since 9/11, private litigants have been important players in the “fight” against terrorism. Using several federal tort statutes, these plaintiffs have sued foreign states as well as other parties, like non-governmental charities, financial institutions, and social media companies, for terrorism- related activities. While these private suits are meant to address injuries suffered by plaintiffs or their loved ones, they often reinforce and reflect the U.S. government’s terrorism-related policies, including the racial and religious discrimination endemic to them. Indeed, much like the U.S. government’s criminal prosecutions for terrorism-related activities, private terrorism suits disproportionately implicate Muslim and/or Arab individuals and entities while …
New: First Amendment Battles Over-Anti-Deplatforming Statutes: Examining Miami Herald Publishing Co. V. Tornillo's Relevance For Today's Online Social Media Platform Cases, Clay Calvert
UF Law Faculty Publications
Florida adopted a statute in 2021 barring large social media sites from deplatforming-removing from their sites-candidates running for state and local office. Soon thereafter, Texas adopted its own anti-deplatforming statute. A trade association representing several major social media companies is now challenging the laws in federal court for violating the platforms' First Amendment speech rights. A central issue in both NetChoice, LLC v. Moody (targeting Florida's statute) and NetChoice, LLC v. Paxton (attacking Texas's law) is the significance of the U.S. Supreme Court's 1974 decision in Miami Herald Publishing Co. v. Tornillo. In Tornillo, the Court struck down a Florida …
Adventures In The Article V Wonderland: Justiciability And Legal Sufficiency Of The Era Ratifications, Danaya C. Wright
Adventures In The Article V Wonderland: Justiciability And Legal Sufficiency Of The Era Ratifications, Danaya C. Wright
UF Law Faculty Publications
This Article examines the paradoxical world of Article V - the amending power of the Constitution - in light of the recent ratification of the Equal Rights Amendment (ERA). It explores the question of whether Article V issues are justiciable, what role the federal and state courts play in determining Article V procedures, and who has the jurisdiction to evaluate the legal sufficiency of state ratifications. This is a confounding area of law, and with a few judicial precedents, some textualism and originalism arguments, and recourse to logic and scholarship, I conclude that the ERA is validly the Twenty-Eighth Amendment. …
"The Stop Woke Act": Hb 7, Race, And Florida's 21st Century Anti-Literacy Campaign, Katheryn Russell-Brown
"The Stop Woke Act": Hb 7, Race, And Florida's 21st Century Anti-Literacy Campaign, Katheryn Russell-Brown
UF Law Faculty Publications
Florida’s Stop the Wrongs to Our Kids and Employees Act (Stop WOKE) took effect July 1, 2022. The new law, known as House Bill 7 (HB 7), regulates how race issues can be taught in the K-20 educational system and imposes stiff sanctions for violations. This Article provides an incisive analysis of HB 7, with a particular focus on the law school classroom. It begins with a discussion of anti-literacy laws adopted during slavery and how these laws prohibited enslaved Blacks from learning to read and write. The historical analysis establishes that HB 7 is a modern-day iteration of anti-literacy …
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
UF Law Faculty Publications
Unrepresented litigants make up a sizable and normatively important chunk of civil litigation in the federal courts. Despite their importance, we still know little about who these pro se litigants are. Debates about pro se litigation take place without sufficient empirical information. To help fill some of the gaps in our understanding of pro se litigants, this Article takes a new approach by mapping where pro se litigants live.
Using a massive data set of 2.5 million federal dockets from a ten-year period, we obtained addresses of non-prisoner pro se litigants. We then geolocated these addresses and cross-referenced that information …
Adopting Social Media In Family And Adoption Law, Stacey B. Steinberg, Meredith Burgess, Karla Herrera
Adopting Social Media In Family And Adoption Law, Stacey B. Steinberg, Meredith Burgess, Karla Herrera
UF Law Faculty Publications
Social media has dramatically changed the landscape facing families brought together through adoption. Just as adoptive families thirty years ago could not have predicted the impact of DNA technology on post-adoption family life, adoptive families are only now beginning to grasp the impact of social media connectivity on the lives of their growing children. This change is both related to social media’s impact on family life and fundamental shifts in our understandings about privacy more generally. Understanding the legal rights of parents and children in these circumstances is both a novel and underexplored issue for family law, constitutional law, and …
How To Think About How The Us Congress Thinks About International Tax Reforms, Mindy Herzfeld
How To Think About How The Us Congress Thinks About International Tax Reforms, Mindy Herzfeld
UF Law Faculty Publications
The US Treasury has negotiated a multilateral tax deal under the framework of the OECD that includes Pillar 1, a plan to reallocate global profits of multinationals to market jurisdictions, and Pillar 2, a proposal for a global minimum tax. Global adoption of Pillar 1 directly hinges on US legislative action, and wide take-up of Pillar 2 may also depend on US modification of existing laws to conform to the OECD agreement. But while widespread implementation of the OECD agreement depends on US legislative action, uncertainty remains as to whether a deal negotiated by the Biden administration will be accepted …
Book Review: Parental Guidance, State Responsibility And Evolving Capacities: Article 5 Of The United Nations Convention On The Rights Of The Child, Nancy Dowd
UF Law Faculty Publications
The latest book from the United Nations Convention on the Rights of the Child Implementation Project focuses on Article 5 of the convention, which provides: States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.
Example Ordinance For Compost Amending Soil In Urban Landscaping, Jovana Radovanovic, James D. Mcguire, Jana Caracciolo
Example Ordinance For Compost Amending Soil In Urban Landscaping, Jovana Radovanovic, James D. Mcguire, Jana Caracciolo
UF Law Faculty Publications
Urban landscapes are commonly installed on a final grade consisting of fill material brought on-site during construction to elevate the land surface. This material is typically inert, lacking organic matter and nutrients, and becomes compacted during the construction process. UF/IFAS research and other studies have shown that incorporating compost into these soil conditions can increase water retention in the root zone and decrease the need for supplemental irrigation for turfgrass. As a result of this benefit, local governments may consider requiring amending of new landscapes. This publication describes an example ordinance that can be used by local governments as a …
Thinking Like A Source State In A Digital Economy, Yariv Brauner
Thinking Like A Source State In A Digital Economy, Yariv Brauner
UF Law Faculty Publications
This Article proceeds as follows: Part I reviews the traditional U.S. international tax policy, followed by Part II that highlights the impact of the Tax Cuts and Jobs Creation Act of 2017 on such policy. Part III provides context to the proposals made by this Article with a discussion of the international discourse over the challenges that the digital economy presents to the international tax regime, while Part IV exposes and explains the role of the United States in this discourse. Finally, the Article concludes with modest proposals for U.S. action in response to the challenges presented by digital economy …
Sometimes They Don't Die: Can Criminal Justice Reform Measures Help Halt Police Sexual Assault On Black Women?, Michelle S. Jacobs
Sometimes They Don't Die: Can Criminal Justice Reform Measures Help Halt Police Sexual Assault On Black Women?, Michelle S. Jacobs
UF Law Faculty Publications
In the eighteen months between March 2019 and August 2020, at least eight Black women were murdered by the police. Breonna Taylor was one of them. Officer Brett Hankison, one of the three officers who murdered Breonna Taylor, was eventually discharged from the Louisville Police Department. In the memo discharging him, the police chief cited behavior that amounted to an extreme indifference to the value of human life: Hankison blindly fired ten rounds into the home of Ms. Taylor's neighbor. Additionally, in the aftermath of Ms. Taylor's death, two women came forward and accused Hankison of sexually assaulting them while …
The Power Of Public Concern And First Amendment Values: Insulating Speech In Sports And Entertainment From Tort Liability For Others' Actions, Clay Calvert
UF Law Faculty Publications
When should First Amendment interests in free expression shield speakers from civil liability for harm to others caused by third parties who allegedly followed or otherwise were inspired by the speakers' words? Two recent federal court opinions - Higgins v. Kentucky Sports Radio, LLC involving post-game coverage by sports commentators about a college basketball referee, and Stricklin v. Stefani pivoting on a singer's words to her concert audience - illustrate similar yet distinct methodologies for analyzing this important question. The speech of the commentators in Higgins allegedly "incited the harassment" by listeners and readers of referee John Higgins and his …
Populism And Transparency: The Political Core Of An Administrative Norm, Mark Fenster
Populism And Transparency: The Political Core Of An Administrative Norm, Mark Fenster
UF Law Faculty Publications
Transparency has become a preeminent administrative norm with unimpeachable status as a pillar of democracy. But the rise of right-wing populism, reminiscent of older forms of militaristic authoritarianism, threatens transparency’s standing. Recently elected governments in Europe, Latin America, and North America represent a counter-movement away from liberal-democratic institutions that promote the visibility and popular accountability that transparency promises. Contemporary populist movements have not, however, entirely rejected it as an ideal. The populist rebuke of power inequities and its advocacy for popular sovereignty implicitly and sometimes explicitly include a demand for a more visible, accessible state. Populists’ seemingly hypocritical embrace of …
Background And Implications Of China's E-Cny, Jiaying Jiang, Karman Lucero
Background And Implications Of China's E-Cny, Jiaying Jiang, Karman Lucero
UF Law Faculty Publications
The People’s Republic of China is a leading experimenter in central bank digital currencies (CBDCs). This Article explores the current background, deployment, features, potential impacts, challenges, and legal concerns of China’s CBDC: the electronic yuan, or E-CNY. This Article explains the potential significance of what is known and not known about E-CNY with a particular focus on how E-CNY might fit into existing legal and economic systems, both within China and internationally. On the surface, E-CNY looks transformative. When you dig a little deeper, however, most of the potential changes or transformations turn on broader institutional, political, and legal changes …
Long Overdue: Fifth Amendment Protection For Corporate Officers, Tracey Maclin
Long Overdue: Fifth Amendment Protection For Corporate Officers, Tracey Maclin
UF Law Faculty Publications
The Supreme Court has extended to corporations many of the same constitutional rights that were originally intended to protect people. One notable exception, however, is the Fifth Amendment’s prohibition on compulsory self-incrimination. “Corporations may not take the Fifth.” There is a long line of cases dating back to the start of the twentieth century stating – but never directly holding – that corporations are not protected by the self-incrimination clause. But the fact that a corporation cannot invoke the Fifth does not explain why a person who works for a corporation cannot. As a matter of text, the Fifth Amendment …
Weaponizing Proof Of Harm In First Amendment Cases: When Scientific Evidence And Deference To The Views Of Professional Associations Collide In The Battle Against Conversion Therapy, Clay Calvert
UF Law Faculty Publications
This Article uses the U.S. Court of Appeals for the Eleventh Circuit’s divided decision in Otto v. City of Boca Raton in late 2020 as a springboard for examining battles in First Amendment jurisprudence over proof of causation of harm and the level of deference owed to the judgments of learned societies. A two-judge majority held in Otto that a pair of local ordinances banning speechbased conversion therapy on minors violated the First Amendment, with those measures failing the rigorous strict scrutiny standard of review. Crucial to the majority’s ruling was its conclusion that insufficient evidence exists that conversion therapy—also …
"Defund The (School) Police"?: Bringing Data To Key School-To-Prison Pipeline Claims, Michael Heise, Jason P. Nance
"Defund The (School) Police"?: Bringing Data To Key School-To-Prison Pipeline Claims, Michael Heise, Jason P. Nance
UF Law Faculty Publications
Nationwide calls to “Defund the Police,” largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider “defunding” (or modifying) school resource officer (“SRO/police”) programs. To be sure, a school’s SRO/police presence—and the size of that presence—may influence the school’s student discipline reporting policies and practices. How schools report student discipline and whether it involves referrals to law enforcement agencies matter, particularly as they may fuel a growing “school-to-prison pipeline.” The school-to-prison pipeline research literature features two general claims that frame debates about changes in how public schools approach student discipline and …
To Report Or Not To Report: Data On School Law Enforcement, Student Discipline, Race, And The 'School-To-Prison Pipeline', Michael Heise, Jason P. Nance
To Report Or Not To Report: Data On School Law Enforcement, Student Discipline, Race, And The 'School-To-Prison Pipeline', Michael Heise, Jason P. Nance
UF Law Faculty Publications
The “school-to-prison pipeline” wreaks havoc on the lives of thousands of students each year, particularly with respect to students of color. While the effects of the COVID-19 pandemic on the school-to-prison pipeline remain unclear, the eventual return to full in-person teaching nationwide undoubtedly will renew this long-festering problem. The presence of law enforcement officers in schools is a key component of the school-to-prison pipeline and has generated considerable recent national attention, especially after George Floyd’s tragic death in the spring of 2020. Indeed, several robust empirical studies document that the increased presence of school resource (and/or police) officers in a …
Missing Decisions, Merritt E. Mcalister
Missing Decisions, Merritt E. Mcalister
UF Law Faculty Publications
Significant numbers of federal appellate merits terminations—those decisions resolving appeals and other proceedings on the merits—are missing from Westlaw and Lexis, the leading commercial legal databases. Bloomberg Law has similar, and similarly incomplete, coverage. Across most of the circuits huge percentages—at least 25% or more—of the courts’ self-reported merits terminations, which predominately include unpublished adjudications, never make their way to navigable databases.
Although scholars have long considered how publication practices shapes access to court decisions—especially at the district court level—this is the first work to analyze commercial database access to unpublished federal appellate decisions. Since at least 2007, when a …
Disclosing Discrimination, Stephanie Bornstein
Disclosing Discrimination, Stephanie Bornstein
UF Law Faculty Publications
In the United States, enforcement of laws prohibiting workplace discrimination rests almost entirely on the shoulders of employee victims, who must first file charges with a government agency and then pursue litigation themselves. While the law forbids retaliation against employees who complain, this does little to prevent it, in part because employees are also responsible for initiating any claims of retaliation they experience as a result of their original discrimination claims. The burden on employees to complain—and their justified fear of retaliation if they do so—results in underenforcement of the law and a failure to spot and redress underlying structural …
Debt And Taxes, David Hasen
Debt And Taxes, David Hasen
UF Law Faculty Publications
The federal income tax conceptualizes the standard loan transaction as an exchange of cash for promises to pay interest and to repay the amount borrowed by the term. This formulation is subtly wrong in ways that have led to a weaker foundation for existing tax rules than they merit. Conceptualizing loans instead as closely akin to leases places most of the tax rules for debt on sounder footing because it clarifies that the consideration paid for the use of the loan proceeds is interest. If interest is the cost of the use of money, then simple borrowing is a fully-paid-for …
A Tale Of Two Formalisms: How Law And Economics Mirrors Originalism And Textualism, Neil H. Buchanan, Michael C. Dorf
A Tale Of Two Formalisms: How Law And Economics Mirrors Originalism And Textualism, Neil H. Buchanan, Michael C. Dorf
UF Law Faculty Publications
Two leading schools of thought among U.S. conservative legal elites — Law and Economics (L&E) and Originalism and Textualism (O&T) — both purport to use their formalist structures to guide analysis in ways that are objective, substantially determinate, and apolitical. Because they rest on very different theoretical underpinnings, L&E and O&T should only randomly reach similar policy or legal conclusions. After all, L&E implements neoclassical economics, a theory of utility maximization, whereas O&T is a theory of semantics. Yet as practiced, L&E and O&T rarely result in conflict. What explains the missing intra-conservative clash? Despite their respective pretenses to objectivity, …