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Full-Text Articles in Law

2011 Law Commencement, Nova Southeastern University Dec 2011

2011 Law Commencement, Nova Southeastern University

NSU Commencement Programs

No abstract provided.


Ilsa Journal Of International And Comparative Law-Volume 18-2011-2012, Christopher Brown, Alana J. Faintuch, Rayna Karadbil, Alicia Zweig, Rafaela Vianna, Jany Martinez, Jennifer Lemberger, Cristina Cossio, Nathaniel G. Dutt, Michel Morgan, Martavis Clarke, Nicholas Leroy, Staci Burton Oct 2011

Ilsa Journal Of International And Comparative Law-Volume 18-2011-2012, Christopher Brown, Alana J. Faintuch, Rayna Karadbil, Alicia Zweig, Rafaela Vianna, Jany Martinez, Jennifer Lemberger, Cristina Cossio, Nathaniel G. Dutt, Michel Morgan, Martavis Clarke, Nicholas Leroy, Staci Burton

ILSA Journal Mastheads

No abstract provided.


2011 Survey Of Juvenile Law, Michael J. Dale Oct 2011

2011 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

Atypically, the Supreme Court of Florida was not active during the past year, deciding no cases in the juvenile law field. On the other hand, the intermediate appellate courts were active both in the delinquency area and in the dependency field. As in the past, decisions in the delinquency area involving generic issues of criminal procedure not unique to juvenile delinquency are not covered in this article.


Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale Apr 2011

Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale

Faculty Scholarship

Florida's system for providing protection and safety to children in the State's child welfare system has changed over the past decade. Regretfully, the changes do not appear to have had a significant impact in two areas: increasing the safety and protection of children in the system' and providing children with independent attorneys to advocate on their behalf. Investigations, lawsuits, grand juries, amendments to court rules, and newspaper articles continue to demonstrate the myriad failures in the Florida system. Two notorious examples hi-lite the shortcomings: the cases of the foster child, Rilya Wilson, who disappeared in 2001, and Gabriel ...


Black Swans And Black Elephants In Plain Sight: An Empirical Review Of Central Bank Independence, Timothy A. Canova Jan 2011

Black Swans And Black Elephants In Plain Sight: An Empirical Review Of Central Bank Independence, Timothy A. Canova

Faculty Scholarship

No abstract provided.


Recent Developments Concerning Preferred Stockholder Rights Under Delaware Law, Marilyn Blumberg Cane, Joong-Sik Choi, Scott B. Gitterman Jan 2011

Recent Developments Concerning Preferred Stockholder Rights Under Delaware Law, Marilyn Blumberg Cane, Joong-Sik Choi, Scott B. Gitterman

Faculty Scholarship

This is a timely article focusing on the conflicting duties owed to preferred and common stockholders. Delaware is the leading corporate law jurisdiction in the United States. Preferred stock is a key component in angel and venture capital transactions. Historically the Delaware courts have accepted as a general principle the proposition that since the preferred rights are contractual in nature, they must be expressly defined in the preferred stock contract in order for the preferred to successfully assert those rights. Accordingly, the directors owe correlative duties to the preferred to the extent that the rights are articulated in the contract ...


From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets Jan 2011

From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets

Faculty Scholarship

No abstract provided.


The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede Jan 2011

The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede

Faculty Scholarship

“The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – unhampered by arbitrary barriers of race or birth or income.” Lyndon B. Johnson This article argues that education is a fundamental human right that the U.S. Supreme Court has failed to recognize because of the Court’s bias towards negative, rather than positive rights. Viewed from the limited perspective of rights as liberties, the concern with declaring a fundamental right to education is that education legislation would be strictly scrutinized, thus causing the ...


Teaching Admiralty Popularly, Robert M. Jarvis Jan 2011

Teaching Admiralty Popularly, Robert M. Jarvis

Faculty Scholarship

Robert Jarvis, Teaching Admiralty Popularly, 55 Saint Louis University Law Journal 541 (2011).


Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa Jan 2011

Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa

Faculty Scholarship

No abstract provided.


Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara Jan 2011

Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Schiavo Revisited? The Struggle for Autonomy at the End of Life in Italy, 12 Marquette University Elder's Advisor 295 (2011). Politically strident debates surrounding end-of-life decisionmaking have surfaced once again, this time across the Atlantic in Italy. Eluana Englaro died early this year after a prolonged court fight, causing the international press to compare her case to that of Theresa Marie Schiavo, who passed away in 2005 in Florida after nearly sparking constitutional crises on both state and federal levels. In many respects, the facts of Ms. Englaro’s case are similar to Schiavo, but a close ...


"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena Langan Jan 2011

"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena Langan

Faculty Scholarship

Elena Langan, "We Can Work it Out": Using Cooperative Mediation - a Blend of Collaborative Law and Traditional Mediation - to Resolve Divorce Disputes, 30 Review of Litigation 245 (2011). Divorce in modern day America is a product of legislative creation, designed as an adversarial process focused on rights and responsibilities.


Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond Jan 2011

Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond

Faculty Scholarship

No abstract provided.