Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 20 of 20

Full-Text Articles in Law

Video: May It Please The Court: Techniques For Persuasive Witness Testimony, Mark Dobson, Jayme Cassidy, Maxine Streeter Nov 2015

Video: May It Please The Court: Techniques For Persuasive Witness Testimony, Mark Dobson, Jayme Cassidy, Maxine Streeter

NSU Law Seminar Series

Success at trial depends on preparation and practice. Knowing the law and the facts of the case is important. Knowing how to present persuasive witness testimony at trial and how to speak to the Court and jury in an ethical and professional manner is even more important. Learn techniques to prepare witnesses and yourself for successful handling of direct, cross-exam, and objections to achieve your goals at trial. Our panel will direct an interactive role-play session.


Nova Law Review-Volume 40-2015-2016, Kerry Valdez, Storm A. Tropea, Shelby L. Summers, Eric M. Yesner Oct 2015

Nova Law Review-Volume 40-2015-2016, Kerry Valdez, Storm A. Tropea, Shelby L. Summers, Eric M. Yesner

Law Review Mastheads

No abstract provided.


Ilsa Journal Of International And Comparative Law-Volume 22-2015-2016, Lisa Hailey, Brittney Horton, Bryan Appel, Gregory Cummings, Micheline Gros-Jean, Michelle Ramos, Yineth Sanchez, William Bromley, Gillian Maler, Ashleigh Mckenzie, Anabel Alvarez, Garrett J. Monteagudo, Daniel Muggeo, Andrew Shapiro Oct 2015

Ilsa Journal Of International And Comparative Law-Volume 22-2015-2016, Lisa Hailey, Brittney Horton, Bryan Appel, Gregory Cummings, Micheline Gros-Jean, Michelle Ramos, Yineth Sanchez, William Bromley, Gillian Maler, Ashleigh Mckenzie, Anabel Alvarez, Garrett J. Monteagudo, Daniel Muggeo, Andrew Shapiro

ILSA Journal Mastheads

No abstract provided.


Video: Nova Law Review Symposium: Shutting Down The School To Prison Pipeline, Nova Law Review Sep 2015

Video: Nova Law Review Symposium: Shutting Down The School To Prison Pipeline, Nova Law Review

NSU Law Seminar Series

NSU Law, the Nova Law Review, and a broad coalition of nonprofit organizations have come together to build a national platform to address the crisis of unnecessary incarceration for teens. Academics, practitioners, policy-makers, educators, community activists, and thought leaders are invited to exchange ideas, form effective strategies, and engage in meaningful dialogue about systemic change for educational reform and new approaches to school discipline.

To see photographs from the Symposium, please look at the Symposium Flickr group.


Video: Charities For Fun & Profit: Serving & Representing Them, Adam Scott Goldberg Jul 2015

Video: Charities For Fun & Profit: Serving & Representing Them, Adam Scott Goldberg

NSU Law Seminar Series

Registration & Continental Breakfast:

7:30 to 7:55 am

Atrium & Lecture Room

Welcome & Introduction:

7:55 to 8:00 am

Elena Rose Minicucci, J.D., Director of Alumni Relations, NSU Shepard Broad Law Center

  • Welcome
  • Introduce Adam Scott Goldberg, J.D., LL.M. of Krause & Goldberg, PA Weston, Florida.

Seminar Presentation

8:00 am to 9:30 am

Adam Scott Goldberg, J.D., LL.M.

I. Introduction

1. What is the difference between Tax Exempt and Not-For-Profit?

2. Why is the difference between a Calendar Year and a Fiscal Year?

A. Many Charitable Organizations use July 1st to June 30th

B. Tax returns are due 4.5 months …


Video: Going Your Own Way: What You Need To Know About Starting Your Own Law Practice Or Business, Russell Miller-Thompson Jun 2015

Video: Going Your Own Way: What You Need To Know About Starting Your Own Law Practice Or Business, Russell Miller-Thompson

NSU Law Seminar Series

Registration & Continental Breakfast:

7:30 to 7:55 am

Atrium & Lecture Room

Welcome & Introduction:

7:55 to 8:00 am

Elena Rose Minicucci, J.D., Director of Alumni Relations, NSU Shepard Broad Law Center

  • Welcome
  • Introduce Russell Miller Thompson, Esq. of the Law Offices of Russell M. Thompson, Sunrise, Florida.

Seminar Presentation

8:00 am to 9:30 am

Russell M. Thompson, Esq.


Video: Board Certification: Reaching The Pinnacle Of Practice, Steven S. Farbman, Donna Litman, Sheryl A. Moore, Todd A. Weicholz, William A. Snyder May 2015

Video: Board Certification: Reaching The Pinnacle Of Practice, Steven S. Farbman, Donna Litman, Sheryl A. Moore, Todd A. Weicholz, William A. Snyder

NSU Law Seminar Series

Course Outline & Timeline

Registration & Continental Breakfast:

7:30 to 7:55 am

Atrium & Lecture Room

Welcome & Introduction:

7:55 to 8:00 am

Elena Rose Minicucci, J.D., Director of Alumni Relations, NSU Shepard Broad Law Center 

  • Welcome
  • Introduce Professor Donna Carol Litman, and attorneys Sheryl Moore, Steven Farbman, Todd Weicholz, and William Snyder, LL.M.

Seminar Presentation

8:00 am to 9:15 am

Professor Donna Carol Litman - Moderator

Nova Southeastern University Shepard Broad Law Center

Fort Lauderdale, FL

Florida Bar Board Certified in Tax Law

Professor Litman will lead the discussion among the other Board Certified attorneys listed above.

The …


Rethinking Intangible Cultural Heritage And Expressions Of Folklore: A Lesson From The Fcc’S Localism Standards, Jon M. Garon May 2015

Rethinking Intangible Cultural Heritage And Expressions Of Folklore: A Lesson From The Fcc’S Localism Standards, Jon M. Garon

Faculty Scholarship

This article reviews the underlying societal imperatives reflected in a policy of intangible cultural heritage and the intellectual property-like regimes being developed to protect these interests. It contrasts UNESCO efforts with more narrowly tailored efforts of WIPO and juxtaposes those approaches with the localism model developed under the FCC. While aspects of the WIPO protection efforts focusing on trademark-like and trade secret-like protections benefit the people and cultures these policies hope to serve, additional copyright-like protections will likely do more harm than good. Instead, global public policy will be far better served through emphasis on the FCC's localism attributes of …


Mortgaging The Meme: Financing And Managing Disruptive Innovation, Jon M. Garon May 2015

Mortgaging The Meme: Financing And Managing Disruptive Innovation, Jon M. Garon

Faculty Scholarship

Traditional financing of innovative companies emphasizes the use of patents and associated intellectual property rights to secure debt and provide assets for valuation. Although the model suffices for incremental innovation, it does not account for investments in disruptive innovation, those that undermine traditional business models, supply chains or industry relationships.

Disruptive innovation can be described as the introduction of a new conceptual idea or meme into an existing system that causes the system to be fundamentally altered. Assembly lines, air conditioning, digital film, and personal computers represent such innovations, all of which led to fundamental paradigm shifts.

The convergence of …


Localism As A Production Imperative: An Alternative Framework To Promoting Intangible Cultural Heritage And Expressions Of Folklore, Jon M. Garon May 2015

Localism As A Production Imperative: An Alternative Framework To Promoting Intangible Cultural Heritage And Expressions Of Folklore, Jon M. Garon

Faculty Scholarship

In the United States, the policy of localism – the legislative goal of fostering local community expression and competence to deliver local content – finds its home in the Telecommunications Act rather than either the Copyright Act or Trademark Act. Other nations have introduced values of localism into trade policy, content distribution rules, and international efforts to protect intangible cultural heritage and expressions of folklore.

Jurisdictions in every continent are struggling to address the pressures of globalism through efforts to protect indigenous peoples’ and minority communities’ languages and culture. These efforts take many forms. Nations have introduced efforts to protect …


Legal Education In Disruption: The Headwinds And Tailwinds Of Technology, Jon M. Garon May 2015

Legal Education In Disruption: The Headwinds And Tailwinds Of Technology, Jon M. Garon

Faculty Scholarship

By harnessing improvements on communications and computational systems, law firms are producing a revolution in the practice of law. Self-help legal manuals have transformed into sophisticated interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess the quality of the advice given; and virtual law firms threaten to distintermediate the grand edifices of twentieth century Big Law. These changes may profoundly restructure the legal practice, undermining the business model for many solo and small firm practices.

This paper focuses on the implications of these profound disruptive …


Video: Deposition Despots: Managing Difficult Attorneys And Witnesses, Michael Flynn, Natalie Giachos, Jeremy Singer Apr 2015

Video: Deposition Despots: Managing Difficult Attorneys And Witnesses, Michael Flynn, Natalie Giachos, Jeremy Singer

NSU Law Seminar Series

Welcome & Introduction:

7:55 to 8:00 am

Elena Rose Minicucci, JD Director, Alumni Relations, NSU Shepard Broad Law Center

  • Welcome 
  • Introduce Law Professor Michael Flynn, and attorneys Natalie Giachos, Esq. and Jeremy Singer, Esq.

Seminar Presentation

8:00 am to 8:30 am

Professor Michael Flynn, JD

Natalie Giachos, Esq. (NSU JD 2006)

Jeremy Singer, Esq. (NSU JD 2011)

Role Play: A brief role-play demonstration (10 minutes) will involve Professor Flynn as Pete, the lawyer for deponent who seeks to prevent his opposing counsel, played by Jeremy Singer, from getting answers during the deposition of Pete’s VIP client, played by Natalie …


Video: Writing To Win: How Theory Meets Practice, Olympia Duhart, Camille Lamar, Beverly A. Pohl Mar 2015

Video: Writing To Win: How Theory Meets Practice, Olympia Duhart, Camille Lamar, Beverly A. Pohl

NSU Law Seminar Series

8:00 am to 8:45 am

Professor Olympia Duhart (’03) and Professor Camille Lamar

Using persuasive techniques to highlight the client’s point of view

Creating judge-friendly documents that streamline and simplify arguments

Presenting information clearly and concisely

Putting Theory into Practice: Interactive drafting and editing exercise

8:45 am to 9:30 am

Beverly A. Pohl, Esq., (’91) Partner, Broad and Cassel

Florida Bar Board Certified in Appellate Practice Drafting effective motions and legal memoranda for the trial court Drafting proposed orders How legal writing in the appellate court differs from trial court practice The importance of the visual appearance of legal memoranda …


Law Center Plus: The New Practice Of Family Law In A Rapidly Changing Society, Renee Goldenberg Feb 2015

Law Center Plus: The New Practice Of Family Law In A Rapidly Changing Society, Renee Goldenberg

NSU Law Seminar Series

8:00 to 9:30am

Best Practices for Family Law Attorneys

I. Changing Society and Changing Practice

a. Paternity: Expect 50% of your cases to be a paternity: 48% Florida children born out of wedlock

b. Same sex issues: partnerships and children

c. Adults over age 50: 25% to 50%

d. Rise of Women: 2/3 initiated by women

e. Lower Income and Self Represented: Expect a self-represented party on 50% of your cases

f. Social Media and Electronics: Impact on the practice and Impact on professionalism

II. 17th Judicial Circuit

a. Unified Family Administrative Orders on website: http://www.17th.flcourts.org/index.php/rules-and-policies/unified-family-orders

b. Local Rules on …


The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?, Debra M. Curtis Jan 2015

The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?, Debra M. Curtis

Faculty Scholarship

On October 31, 2013, the Florida Supreme Court in The Florida Bar v. Norkin made it clear that "it wants the trend of escalating incivility among lawyers to stop." With that decision, in which a lawyer was suspended and publicly reprimanded for his behavior, the court urged that "[m]embers of The Florida Bar, law professors, and law students should study" this case "as a glaring example of unprofessional behavior." This article heeds the court's directive to do so, but also places it in the context of the movement to enhance professionalism statewide.


Frederick Douglass On Shelby County, Olympia Duhart Jan 2015

Frederick Douglass On Shelby County, Olympia Duhart

Faculty Scholarship

No abstract provided.


It’S Not For A Grade: The Rewards And Risks Of Low-Risk Assessment In The High-Stakes Law School Classroom, Olympia Duhart Jan 2015

It’S Not For A Grade: The Rewards And Risks Of Low-Risk Assessment In The High-Stakes Law School Classroom, Olympia Duhart

Faculty Scholarship

No abstract provided.


People Of The Book: Judaism’S Influence On American Legal Scholarship, My Journey From Judaism To Jewish Law, Donna Litman Jan 2015

People Of The Book: Judaism’S Influence On American Legal Scholarship, My Journey From Judaism To Jewish Law, Donna Litman

Faculty Scholarship

My personal study of the Torah and the Talmud as an adult has enhanced my legal scholarship and helped shape my current thinking on legal theory. At the same time, my professional legal training and experience as a law professor has shaped my understanding of Judaism and provided a legal terminology and a lens by which to view the array of Jewish laws. A confluence of events helped shape my personal and professional journey.


Restating Environmental Law, Joel A. Mintz Jan 2015

Restating Environmental Law, Joel A. Mintz

Faculty Scholarship

Although environmental law springs from deep roots in centuries of common law, during the last forty years in particular it has grown into a well-established and important legal field in the United States with enormous practical consequences. Maturity, however, has also made it notoriously complex, and environmental law’s overlapping statutory schemes and inconsistent federal and state programs have sparked recurring conflict, controversy, and criticism.


For Men Only: A Gap In The Rules Allows Sex Discrimination To Avoid Ethical Challenge, Michele Struffolino Jan 2015

For Men Only: A Gap In The Rules Allows Sex Discrimination To Avoid Ethical Challenge, Michele Struffolino

Faculty Scholarship

No abstract provided.