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Full-Text Articles in Law

2009 Survey Of Juvenile Law, Michael J. Dale Oct 2009

2009 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.


The Fight For Information With The Obstructionist Lawyer, Michael Flynn Oct 2009

The Fight For Information With The Obstructionist Lawyer, Michael Flynn

Faculty Scholarship

No abstract provided.


Revocable Trusts Under The Florida Trust Code, Donna Litman Oct 2009

Revocable Trusts Under The Florida Trust Code, Donna Litman

Faculty Scholarship

No abstract provided.


Nova Law Review-Volume 34-2009-2010, David Stahl, Craig Minko, Alyson Sincavage, Debra Rolnick Oct 2009

Nova Law Review-Volume 34-2009-2010, David Stahl, Craig Minko, Alyson Sincavage, Debra Rolnick

Law Review Mastheads

No abstract provided.


Ilsa Journal Of International And Comparative Law-Volume 16-2009-2010, Connie Kaplan, Jessica Serrano, Amy Beth Smith, Stacy Roberts, Cintia N. Calevoso, Leon F. Hirzel Iv, Christian Savio, Abdul-Sumi Dalal, Jacqueline F. Gardner, Ana Malave, Tammi Calderone, Corey K. Setterlund Oct 2009

Ilsa Journal Of International And Comparative Law-Volume 16-2009-2010, Connie Kaplan, Jessica Serrano, Amy Beth Smith, Stacy Roberts, Cintia N. Calevoso, Leon F. Hirzel Iv, Christian Savio, Abdul-Sumi Dalal, Jacqueline F. Gardner, Ana Malave, Tammi Calderone, Corey K. Setterlund

ILSA Journal Mastheads

No abstract provided.


Review Of Mary Doyle And Cynthia A. Drew, Large-Scale Ecosystem Restoration (Island Press, 2008), Joel A. Mintz Sep 2009

Review Of Mary Doyle And Cynthia A. Drew, Large-Scale Ecosystem Restoration (Island Press, 2008), Joel A. Mintz

Joel A. Mintz

This book review critically examines Mary Doyle and Cynthia A. Drew's, Large-Scale Ecosystem Restoration. The book is a set of case studies of five watershed-wide ecosystem restoration projects, written from the perspectives of institutional/political history, economics, and ecology. This review assays the work's strengths and shortcomings, both as a source of information about the restoration efforts it covers and as a guide to the evaluation of other similar attempts to restore degraded watersheds.


Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Nan Palmer, Charlene L. Smith Jul 2009

Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Nan Palmer, Charlene L. Smith

Faculty Scholarship

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship families protection and benefits, 5) the use of contract law in kinship relationships, and 6) using legislation to benefit kinship relationships.

This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal …


Financial Market Failure As A Crisis In The Rule Of Law: From Market Fundamentalism To A New Keynesian Regulatory Model, Timothy A. Canova Jul 2009

Financial Market Failure As A Crisis In The Rule Of Law: From Market Fundamentalism To A New Keynesian Regulatory Model, Timothy A. Canova

Faculty Scholarship

This article considers the financial panic of 2008 in historical context by analyzing the institutional and regulatory factors that contributed to the financial and economic crisis. The move away from a Keynesian regulatory model was a function of larger institutional flaws. The Keynesian regime of command-and-control regulation focused on macroeconomic policy objectives designed to achieve full employment, more equitable distributions of wealth and income, greater transparency in the regulatory process, and reduction in monopoly exploitation of consumers. Central to this regime was a model of central banking that required greater accountability to elected branches of government and the use of …


In Memory Of Melissa Britt Lewis, Heather P. Baxter Jul 2009

In Memory Of Melissa Britt Lewis, Heather P. Baxter

Faculty Scholarship

No abstract provided.


Lincoln's Populist Sovereignty: Public Finance Of, By, And For The People, Timothy A. Canova Apr 2009

Lincoln's Populist Sovereignty: Public Finance Of, By, And For The People, Timothy A. Canova

Faculty Scholarship

No abstract provided.


2007-2008 Survey Of Juvenile Law, Michael J. Dale Apr 2009

2007-2008 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.


Note To Athletes, Nfl, And Nba: Dog Fighting Is A Crime, Not A Sport, Phyllis G. Coleman Jan 2009

Note To Athletes, Nfl, And Nba: Dog Fighting Is A Crime, Not A Sport, Phyllis G. Coleman

Faculty Scholarship

Americans were finally forced to face the issue of animal abuse and professional athletes when investigators discovered 66 pit bulls, in addition to dog fighting equipment, at a home owned by "pro football's most electrifying quarterback." Although Michael Vick insisted he did not live in the house, and initially denied knowledge of any such activity on his Virginia property, stories of his involvement continued to swirl around the Atlanta Falcons' franchise player. On July 17, 2007, Vick and three others were indicted by a federal grand jury for competitive dog fighting, procuring and training pit bulls for fighting, and conducting …


Improving The Odds Of Government Accountability In The Disaster-Prone Era: Using The 9/11 Fund Factors To Remedy The Problem Of Toxic Katrina Trailers, Olympia Duhart Jan 2009

Improving The Odds Of Government Accountability In The Disaster-Prone Era: Using The 9/11 Fund Factors To Remedy The Problem Of Toxic Katrina Trailers, Olympia Duhart

Faculty Scholarship

This article analyzes the dangers surrounding the toxicity levels in the trailers issued to Katrina survivors by FEMA, and identifies serious medical complications stemming from the temporary homes. Lack of government oversight in the process led to the distribution of formaldehyde-laced trailers that cost the government more than $2 billion and continue to poison residents years after the storm. Furthermore, the failures connected to disaster relief are even more disturbing in this disaster-prone era. More importantly, this paper also proposes the creation of a Toxic Trailer Fund to compensate residents of toxic FEMA trailers. Using the factors implicitly established by …


Employee Fiduciary Duties: One Size Does Not Fit All, Leslie Larkin Cooney Jan 2009

Employee Fiduciary Duties: One Size Does Not Fit All, Leslie Larkin Cooney

Faculty Scholarship

This article examines the law surrounding the fiduciary duties owed by non-officer employees to their employers and the remedies imposed for a breach of those duties. It is the author's contention that applying the same agency principles to all employees regardless of their level of power or ability to exercise discretion or affect the employer's interests generates an uncalled for advantage to the employer.


More Pedagogic Techniques: Online Exercises & (And) Integrating Skills Into Different Kinds Of Courses, Leslie Larkin Cooney Jan 2009

More Pedagogic Techniques: Online Exercises & (And) Integrating Skills Into Different Kinds Of Courses, Leslie Larkin Cooney

Faculty Scholarship

The Business Practice Clinic is an externship program that sends third-year students out to work either full-time or part-time in an agency or law firm. The externs are trained in the clinical program and during a biweekly class. There is also a three-credit class that students complete before they go into extern placement. It was a big challenge to complete the placement class in only two weeks because of the students’ busy schedules, so we began offering pieces of it online. We are moving more and more of this course to our online platform. This article discusses our experience in …


Securities Laws In Soap Operas And Telenovelas: Are All My Children Engaged In Securities Fraud?, Elena Marty-Nelson Jan 2009

Securities Laws In Soap Operas And Telenovelas: Are All My Children Engaged In Securities Fraud?, Elena Marty-Nelson

Faculty Scholarship

Securities law images are broadcast to millions worldwide through soap operas and telenovelas. Doctors, and professionals in other fields, have recognized the power of dramatic serials. They have generated a rich body of scholarship demonstrating how these mediums of popular culture impart health messages or effect social change. This author describes some of those empirical studies and suggests that legal scholars conduct similar empirical or ethnographic studies, particularly on the impact of portrayals of complex legal issues such as securities fraud in serials. The author explains differences and similarities between telenovelas and soap operas and compares portrayals of legal issues …


Two Steps Forward, Two Steps Back: Lessons To Be Learned From How Florida's Initiatives To Curtail Confidentiality In Litigation Have Missed Their Mark, Roma Perez Jan 2009

Two Steps Forward, Two Steps Back: Lessons To Be Learned From How Florida's Initiatives To Curtail Confidentiality In Litigation Have Missed Their Mark, Roma Perez

Faculty Scholarship

No abstract provided.


The Nova Southeastern Lawyer, 2009, Volume 12, Number 11, Nova Southeastern University - Shepard Broad Law Center Jan 2009

The Nova Southeastern Lawyer, 2009, Volume 12, Number 11, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.


Success Is As Much About Listening As It Is About Doing--Dean Steele, Nova Southeastern University Jan 2009

Success Is As Much About Listening As It Is About Doing--Dean Steele, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.


The Rebecca Knox Public Interest Law Summer Fellowship, Nova Southeastern University Jan 2009

The Rebecca Knox Public Interest Law Summer Fellowship, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.


The Future Relationship Between A New Adminstration And The International Court Of Justice, Thomas M. Franck Jan 2009

The Future Relationship Between A New Adminstration And The International Court Of Justice, Thomas M. Franck

ILSA Journal of International & Comparative Law

If the democrats recapture the White House and win half a dozen more seats in the Senate, it will be time to rethink and redevelop the U.S. relationship with international law.


U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez Jan 2009

U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez

ILSA Journal of International & Comparative Law

For at least twelve years, Security Council reformers have proposed many ways to enlarge the size and diversify the composition of that body.


Current And Future Issues In International Space Law, Professor Henry Hertzfeld Jan 2009

Current And Future Issues In International Space Law, Professor Henry Hertzfeld

ILSA Journal of International & Comparative Law

Space law is a relatively new area of law and is based mainly on a set of United Nations (U.N.) Treaties negotiated during the 1960s and 1970s.


Transparency And Public Participation In Investor-State Arbitration, Daniel Barstow Magraw, Niranjali Manel Amerasinghe Jan 2009

Transparency And Public Participation In Investor-State Arbitration, Daniel Barstow Magraw, Niranjali Manel Amerasinghe

ILSA Journal of International & Comparative Law

The roles of transparency and public participation have become important issues in investor-state arbitrations.


The European Magnet And The U.S. Centrifuge: Ten Selected Private International Law Developments Of 2008, Ronald A. Brand Jan 2009

The European Magnet And The U.S. Centrifuge: Ten Selected Private International Law Developments Of 2008, Ronald A. Brand

ILSA Journal of International & Comparative Law

This article began as a short presentation for the 2008 International Law Weekend in New York City.


The U.S. Approach To Regionalism: Recent Past And Future, C. O'Neal Taylor Jan 2009

The U.S. Approach To Regionalism: Recent Past And Future, C. O'Neal Taylor

ILSA Journal of International & Comparative Law

The "new regionalism"' of the last decade shows a turn away from regional groupings (such as the North American Free Trade Agreement (NAFTA), 2 the Southern Common Market (MERCOSUR) 3 and Free Trade of the Americas (FTAA) 4 ) towards the negotiation and implementation of more bilateral arrangements.


Consideration Of The Protection Of Persons In The Event Of Disasters By The International Law Commission, Arnold Pronto Jan 2009

Consideration Of The Protection Of Persons In The Event Of Disasters By The International Law Commission, Arnold Pronto

ILSA Journal of International & Comparative Law

Recent disasters of epic proportions, such as the Asian Tsunami of 2004, and the accompanying response by the international community, have given rise to renewed interest in the legal aspects of disaster relief activities.


The U.N. Human Rights Council: What Would Eleanor Roosevelt Say?, John Carey Jan 2009

The U.N. Human Rights Council: What Would Eleanor Roosevelt Say?, John Carey

ILSA Journal of International & Comparative Law

The prominent role played by Mrs. Roosevelt in the creation of the United Nations' (U.N.) human rights apparatus is described by William vanden Heuvel in the Fall issue of The InterDependent (Vol. 6 No. 3).' After quoting Henry Kissinger as styling her "one of the great human beings of our time," vanden Heuvel calls her "tough and resolute" as well as "fearless in speaking truth to power."


Historical American Erspectives On International Law, Harlan Grant Cohen Jan 2009

Historical American Erspectives On International Law, Harlan Grant Cohen

ILSA Journal of International & Comparative Law

The topic of this year's International Law Weekend, "The United States and International Law: Legal Traditions and Future Possibilities," cries out for additional historical perspective.


The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood Jan 2009

The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood

ILSA Journal of International & Comparative Law

This essay is about the design of the mandate of the United Nations Human Rights Council, which was hammered out after a year of negotiations within the General Assembly and then another year within the newly-created Council itself