Law Commons^™

Arbitration Of Truth-In-Lending-Act Claims, Marshall E. Tracht

Articles & Chapters

In recent years, it has become increasingly common for lenders to include arbitration clauses in their consumer financing agreements. While federal law strongly supports the enforceability of arbitration provisions, there are a number of grounds on which their enforceability can be, and has been, challenged.

This article summarizes the state of the law on a number of major issues which have arisen in the attempt to use arbitration clauses in consumer financing agreements, focusing on Truth-in-Lending Act claims, including an analysis of the Supreme Court's recent decision in Green Tree Financial Corp. v. Randolph.

Moral Pluck: Legal Ethics In Popular Culture, William H. Simon

Faculty Scholarship

Favorable portrayals of lawyers in popular culture tend to adopt a distinctive ethical perspective. This perspective departs radically from the premises of the "Conformist Moralism" exemplified by the official ethics of the American bar and the arguments of the proponents of President Clinton's impeachment. While Conformist Moralism is strongly authoritarian and categorical, popular culture exalts a quality that might be called "Moral Pluck " – a combination of resourcefulness and transgression in the service of basic but informal values. This Essay traces the theme of Moral Pluck through three of the most prominent fictional portrayals of lawyers in recent years …

Marine Industries Association Of South Florida Master Plan, Urban Harbors Institute, University Of Massachusetts Boston, Fau Joint Center For Environmental And Urban Problems

Urban Harbors Institute Publications

The Marine Industry Master Plan was prepared by the Marine Industries Association of South Florida (MIASF) to present a comprehensive and coordinated action agenda for retaining and expanding the marine industry in Broward County. This Master Plan is an extension of a strategic planning process conducted by the MIASF in which the major issues confronting the industry were identified along with an initial strategy to address those issues. This Marine Master Plan is part of that strategy. The plan contains goals, objectives, and actions that respond to several key issues: scarcity of waterfront sites for marine facility expansion, displacement of …

On Wellington Interpretation: A Timely Reappraisal (Harry H. Wellington Festschrift Issue), Ruti Teitel

Articles & Chapters

No abstract provided.

The International Criminal Court: Current Issues And Perspectives, Philippe Kirsch Q.C.

Law and Contemporary Problems

The creation of a permanent international criminal court (ICC) has been seen as a desirable objective for a long time, but its implementation is hampered by controversy. Proponents of the court believe that the ICC has great potential to render justice in cases of genocide, war crimes, and crimes against humanity, and to deter the future perpetration of those crimes. Skeptics question the wisdom of placing the power to adjudicate highly politically charged cases into the hands of an international tribunal.

High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris

Law and Contemporary Problems

The dilemma underlying the debate about the International Criminal Court's jurisdiction over non-party nationals stems primarily from the conflicting needs for the ICC to have sufficient jurisdictional powers to bring to justice perpetrators of genocide, war crimes, and crimes against humanity, and simultaneously, for states to retain appropriate discretion regarding methods of dispute settlement when the lawfulness of their official acts is in dispute.

The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Law and Contemporary Problems

Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.

International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau

Law and Contemporary Problems

Lietzau argues that the US cannot support the International Criminal Court because it fails to recognize its unique responsibilities in the world when issues of international peace and security are involved. The changes sought by the US in the Rome Statute of the International Criminal Court should be implemented not just because US participation is key to an effective, functioning court, but because enacting them promotes the rule of law and is therefore the right thing to do.

The International Criminal Court: Possibilities For Prosecutorial Abuse, Alfred P. Rubin

Law and Contemporary Problems

The attempt to create an international criminal court assumes that in all important ways the international legal order is similar to the municipal legal orders with which US citizens are familiar, but with regard to the criminal law, that assumption is simply not true. Rubin discusses two potential fundamental discrepancies between the international legal order and an hypothesized "typical" municipal legal order as would exist under the current statute for the International Criminal Court.

The Risks And Weaknesses Of The International Criminal Court From America’S Perspective, John R. Bolton

Law and Contemporary Problems

Bolton argues the US should raise its objections to the International Criminal Court (ICC) on every appropriate occasion, as part of its larger campaign to assert American interests against stifling, illegitimate, and unacceptable international agreements. The US has many alternative foreign policy instruments to utilize that are fully consistent with US interests, leaving the ICC to the obscurity it richly deserves.

The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney

Law and Contemporary Problems

McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.

The Irresolution Of Rome, Ruth Wedgwood

Law and Contemporary Problems

Wedgwood argues that it would be a pity to allow international misjudgment of the long-term security environment to generate a disregard for the constructive tasks of American military power, and fatally hobble shared support for an effective criminal tribunal. American Senators and military leaders--and the American public--will want to see how the International Criminal Court works in practice before considering the possibility of full ratification and formal membership. If this "look-over" period is not safe, the advocates seeking a "war on the court" may win the day.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources?, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

No abstract provided.

The Ups And Downs Of Growth Management In Florida, James C. Nicholas

University of Florida Journal of Law & Public Policy

No abstract provided.

Reforming Growth Management In The 21st Century: The Metropolitan Imperative, Douglas R. Porter

University of Florida Journal of Law & Public Policy

No abstract provided.

A Calll To Revitalize The Heart Of Nepa: The Alternatives Analysis, Kelly Wittorff

University of Florida Journal of Law & Public Policy

No abstract provided.

In Defense Of Two Supreme Courts, Barry Richard

University of Florida Journal of Law & Public Policy

No abstract provided.

A Look Back—One Lawyer's View, W. Dexter Douglass

University of Florida Journal of Law & Public Policy

No abstract provided.

The History And Future Of Bush V. Gore, Mark Tushnet

University of Florida Journal of Law & Public Policy

No abstract provided.

Who's Responsible For A Tainted Ballot?, Tom Fiedler

University of Florida Journal of Law & Public Policy

No abstract provided.

Reforms In Florida After The 2000 Presidential Election, Jon Mills

University of Florida Journal of Law & Public Policy

No abstract provided.

A Vote Of Confidence? Florida's Public Records Law And The 2000 Presidential Election Recounts: Could It Happen In Any Other State?, Sandra Ferguson Chance, Colleen Connolly-Ahern

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutionality, Legitaimacy And Political Participation: A Look At First-Time Voters In 2000, Terri Susan Fine

University of Florida Journal of Law & Public Policy

No abstract provided.

Florida's Sunshine Law: The Undecided Legal Issue, Peter H. Seed

University of Florida Journal of Law & Public Policy

No abstract provided.

Collective Bargaining In The Elite Professions—Doctors' Application Of The Labor Law Model To Negotiations With Health Care Providers, Tracey I. Levy

University of Florida Journal of Law & Public Policy

No abstract provided.

The Patentability Of Embryonic Stem Cell Research Results, Damon J. Whitaker

University of Florida Journal of Law & Public Policy

No abstract provided.

Concurrency, Concurrency Alternatives, Infrastructure, Planning And Regional Solution Issues, Ronald L. Weaver

University of Florida Journal of Law & Public Policy

No abstract provided.

Florida's Transportation Concurrency: Are The Current Tools Adequate To Meet The Need For Coordinated Land Use And Transportation Planning, Ruth L. Steiner

University of Florida Journal of Law & Public Policy

No abstract provided.

Restructuring Florida's Growth Management System: Alternative Approaches To Plan Implementation And Concurrency, Thomas G. Pelham

University of Florida Journal of Law & Public Policy

No abstract provided.