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Articles 1 - 16 of 16
Full-Text Articles in Law
2011 Survey Of Juvenile Law, Michael J. Dale
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.
Avoiding Statutory Restrictions On Appointment Of Personal Representatives In Florida, Jani Maurer
Avoiding Statutory Restrictions On Appointment Of Personal Representatives In Florida, Jani Maurer
Faculty Scholarship
No abstract provided.
Act Deux: Confidentiality After The Florida Mediation Confidentiality And Privilege Act, Fran L. Tetunic
Act Deux: Confidentiality After The Florida Mediation Confidentiality And Privilege Act, Fran L. Tetunic
Faculty Scholarship
Fran Tetunic, Act Deux: Confidentiality after the Florida Mediation Confidentiality and Privilege Act, 36 Nova Law Review 79 (2011).
Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale
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 Myers, who …
Reflections On Rothko And Writing: A Response To Pierre Schlag's Lecture On The State Of Legal Scholarship, Olympia Duhart
Reflections On Rothko And Writing: A Response To Pierre Schlag's Lecture On The State Of Legal Scholarship, Olympia Duhart
Faculty Scholarship
No abstract provided.
Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer
Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer
Faculty Scholarship
No abstract provided.
Black Swans And Black Elephants In Plain Sight: An Empirical Review Of Central Bank Independence, Timothy A. Canova
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
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. …
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond
Faculty Scholarship
No abstract provided.
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede
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 undesired result …
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara
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 analysis …
Soldier Suicides And Outcrit Jurisprudence: An Anti-Subordination Analysis, Olympia Duhart
Soldier Suicides And Outcrit Jurisprudence: An Anti-Subordination Analysis, Olympia Duhart
Faculty Scholarship
No abstract provided.
Teaching Admiralty Popularly, Robert M. Jarvis
Teaching Admiralty Popularly, Robert M. Jarvis
Faculty Scholarship
Robert Jarvis, Teaching Admiralty Popularly, 55 Saint Louis University Law Journal 541 (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.
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Faculty Scholarship
No abstract provided.
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
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.