Law Commons^™

Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds’ Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts’ Declaratory Judgments—1900–1997, Willy E. Rice

Faculty Articles

Each year in America, an estimated $200 billion is spent purchasing third-party liability insurance. Fairly recent findings reveal that although some carriers try to settle third-party claims, an unacceptable number of liability companies simply refuse to settle or defend third-party suits. Each year, thousands of consumers and insurers petition state and federal courts for declaratory relief. The simple question asked in these cases is: do liability insurers have a duty to defend policyholders when third-party complainants only allege that insureds committed immoral or intentional acts?

Plaintiffs’ lawyers, defense counsels, state and federal judges, and state legislators and insurance commissioners should …

The Government Contractor Defense: Breaking The Boyle Barrier, Charles E. Cantú, Randy W. Young

Faculty Articles

The government contract defense, known as the Boyle defense, shields those successfully invoking it from liability for injuries caused by defective products they manufactured. The contract specification defense is afforded to both private and government contractors when they follow the directions and specifications of a third party, usually the employer.

The first element of the Boyle defense requires that the government approve reasonably precise specifications for the equipment’s design. The contractor must show that a team-like effort existed in all communications between the contractor and the government, with the government providing general specifications and approval at various stages of project …

Playing Noah, John Copeland Nagle

Journal Articles

The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …

Public Reason, Abortion, And Cloning, John M. Finnis

Journal Articles

Every society, liberal or illiberal, takes a public stand on the question whether abortion is or is not a form of criminal activity. If that question were left to private judgment, people who judge it homicide would be entitled to use force to prevent their fellow citizens engaging in it.

The need for the law and public policy to take a stand has become more and more obvious for two reasons. The first has to do with the standard purpose of abortion, as that term is commonly used: to end the life of a fetus/unborn child. As Jeffrey Reiman argues …

Impact Of Code Section 367 And The European Union's 1990 Council Directive On Tax-Free Cross-Border Mergers And Acquisitions, Samuel C. Thompson Jr.

Faculty Scholarship

No abstract provided.

Children's Rights And Family Autonomy In The South African Context: A Comment On Children's Rights Under The Final Constitution, Tshepo L. Mosikatsana

Michigan Journal of Race and Law

This Article investigates the nature and extent of the protection granted to children's rights in the South African Constitution. It concludes that the child-centered approach of the Constitution entitles children, as independent actors, to certain fundamental rights. Acknowledging both the parent-centered nature of the existing South African legal framework and the entrenched support for practices, many rooted in indigenous law and tradition, that contribute to the oppression of children, the author argues that the constitutionalization of these rights will contribute to the betterment of children in South Africa, proving to be more than mere moral exhortation. Under apartheid in South …

Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe

Michigan Journal of Race and Law

A review of Race, Rights, and the Asian American Experience by Angelo N. Ancheta.

Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda

Michigan Journal of Race and Law

Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …

The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Small Issue Public Offerings Conducted Over The Internet: Are They ‘Suitable’ For The Retail Investor?, Jeffrey J. Haas

Articles & Chapters

No abstract provided.

The Great Transformation Of Regulated Industries Law, Joseph D. Kearney, Thomas W. Merrill

Faculty Scholarship

The nation's approach to regulating its transportation, telecommunications, and energy industries has undergone a great transformation in the last quarter-century. The original paradigm of regulation, which was established with the Interstate Commerce Act's regulation of railroads beginning in 1887, was characterized by legislative creation of an administrative agency charged with general regulatory oversight of particular industries. This approach did not depend on whether the regulated industry was naturally competitive or was a natural monopoly, and it was designed to advance accepted goals of reliability and, in particular, non-discrimination. By contrast, under the new paradigm, which is manifested most clearly in …

Realization As Subsidy, David M. Schizer

Faculty Scholarship

Perhaps no concept in tax law is so well established, and yet so widely criticized, as realization, the rule that defers tax on appreciated property until it is sold. In this Article, Professor Schizer offers a new justification for realization: It is a subsidy for savings. The recent reduction in the capital gains tax rate suggests that Congress wants such a subsidy, the author observes. He then argues that realization has a significant advantage as a subsidy. It is credible, in that taxpayers expect it to strvive long enough for them to collect it This is important, Professor Schizer then …

Careers And Contingency, Gillian Lester

Faculty Scholarship

Disagreement among legal scholars over the phenomenon of "contingent employment" – work having limited hours, duration, or security – has led to disparate prescriptions for legal reform. For some, the best solution would be to either leave the market alone, or eliminate existing regulations that drive employers to create contingent jobs. Others believe current regulations do not go far enough and advocate reforms ranging from expanding mandatory benefits and protections to facilitating collective bargaining among contingent workers in order to restore such benefits as long-term security, training, and career advancement. The debate about law reform has centered partly on disputes …

Make Your Own Kind Of Music: Queer Student Groups And The First Amendment, Doni Gewirtzman

Articles & Chapters

As openly gay and lesbian students become a more regular presence in public high schools, students in many schools have started lesbian and gay student organizations. In response, some school districts and state legislatures have attempted to prevent the clubs from meeting, either through categorical bans on all extracurricular groups or through legislation specifically designed to prevent the gay clubs from meeting. This Comment examines the First Amendment issues raised by these efforts. It argues that the Supreme Court's current approach to student speech, which focuses on whether the speech is school sponsored and on the application of public forum …

Foreword, Neal Devins

Law and Contemporary Problems

Devins discusses his own experiences with government lawyers and the contextualization that seems to dominate their experiences and work.

Lawyers And Policymakers In Government, Peter H. Schuck

Law and Contemporary Problems

Schuck discusses the conflicts in policymaking that occurred between the office of the ASPE (Assistant Secretary for Planning and Evaluation) and the Secretary of the Department of Health, Education, and Welfare, Joseph A. Califano. Califano believed that only lawyers were fit policymakers and everyone else was a mere technician.

The Role Of Government Attorneys In Regulatory Agency Rulemaking, Thomas O. Mcgarity

Law and Contemporary Problems

The many roles that agency lawyers can play in the internal processes of developing proposed rules and responding to public comments on those rules are discussed.

Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan

Law and Contemporary Problems

A strategy for regaining control of federal criminal law, the reallocation of interpretive criminal law-making power within the Executive Branch, is discussed.

Hell, Handbaskets, And Government Lawyers: The Duty Of Loyalty And Its Limits, Michael Stokes Paulsen

Law and Contemporary Problems

Paulsen provides an autobiographical and a conjectural account of cases of personal and professional dilemmas of government lawyers.

“For The United States”: Government Lawyers In Court, Patricia M. Wald

Law and Contemporary Problems

Wald provides a largely impressionistic view of governmental layering in court.

United States Attorneys — Whom Shall They Serve?, H. W. Perry Jr.

Law and Contemporary Problems

Perry examines the fidelity of US Attorneys in a new light and provides a way to consider them more broadly.

Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor

Law and Contemporary Problems

Two completed investigations into allegations of presidential wrongdoing, Watergate and Iran-Contra, are examined and the offices of Independent Counselor and Special Prosecutor are discussed.

The Solicitor General And The Interests Of The United States, David A. Strauss

Law and Contemporary Problems

Strauss examines the institutional and administration approach to the issue of the Solicitor General's involvement in legal questions not directly involving the federal government.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Law and Contemporary Problems

Department of Justice control of government litigation is discussed.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Mustering The Moxie To Master The Media Mess, Robert C.L. Moffat

University of Florida Journal of Law & Public Policy

No abstract provided.

"Stunt Journalism," Professional Norms, And Public Mistrust Of The Media, David A. Logan

University of Florida Journal of Law & Public Policy

No abstract provided.

Responsibility In The Media, Hugh Stevens

University of Florida Journal of Law & Public Policy

No abstract provided.

Journalism, Rational Subjectivity, And Democracy, Elliot D. Cohen

University of Florida Journal of Law & Public Policy

No abstract provided.

Freedom Of The Press: An Inalienable Right Or A Privilege To Be Earned?, Jane E. Kirtley

University of Florida Journal of Law & Public Policy

No abstract provided.