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Articles 1 - 30 of 35
Full-Text Articles in Law
Paradigm Shifts & Unintended Consequences: The Death Of The Specialist, The Rise Of High Frequency Trading, & The Problem Of Duty-Free Liquidity In Equity Markets, Jennifer Victoria Christine Dean
Paradigm Shifts & Unintended Consequences: The Death Of The Specialist, The Rise Of High Frequency Trading, & The Problem Of Duty-Free Liquidity In Equity Markets, Jennifer Victoria Christine Dean
FIU Law Review
No abstract provided.
Introduction: Football At The Crossroads, Howard M. Wasserman
Introduction: Football At The Crossroads, Howard M. Wasserman
FIU Law Review
No abstract provided.
Not Just The Nfl: Compensation, Litigation, And Public Health In Concussion Cases, John G. Culhane
Not Just The Nfl: Compensation, Litigation, And Public Health In Concussion Cases, John G. Culhane
FIU Law Review
No abstract provided.
Concussion And Football: Failures To Respond By The Nfl And The Medical Profession, David Orentlicher, William S. David
Concussion And Football: Failures To Respond By The Nfl And The Medical Profession, David Orentlicher, William S. David
FIU Law Review
No abstract provided.
Concussion And Concussion Management In The Nfl: Pathophysiology And Economics, Steven Broglio, Rodney Fort
Concussion And Concussion Management In The Nfl: Pathophysiology And Economics, Steven Broglio, Rodney Fort
FIU Law Review
No abstract provided.
Football, Concussions, And Preemption: The Gridiron Of National Football League Litigation, William B. Gould Iv
Football, Concussions, And Preemption: The Gridiron Of National Football League Litigation, William B. Gould Iv
FIU Law Review
No abstract provided.
Assumption Of Risk In Nfl Concussion Litigation: The Offhand Empiricism Of The Courtroom, Jeffrey Standen
Assumption Of Risk In Nfl Concussion Litigation: The Offhand Empiricism Of The Courtroom, Jeffrey Standen
FIU Law Review
No abstract provided.
The Nfl Concussion Litigation: A Critical Assessment Of Class Certification, Sheila B. Scheuerman
The Nfl Concussion Litigation: A Critical Assessment Of Class Certification, Sheila B. Scheuerman
FIU Law Review
No abstract provided.
Closing The Floodgates: The Battle Over Workers’ Compensation Rights In California, Gabe Feldman
Closing The Floodgates: The Battle Over Workers’ Compensation Rights In California, Gabe Feldman
FIU Law Review
No abstract provided.
Suicide, Concussions, And The Nfl, Geoffrey Christopher Rapp
Suicide, Concussions, And The Nfl, Geoffrey Christopher Rapp
FIU Law Review
No abstract provided.
Police Powers For Sale: Red-Light Enforcement Sold To The Foreign Bidder, Andrea Franklin
Police Powers For Sale: Red-Light Enforcement Sold To The Foreign Bidder, Andrea Franklin
FIU Law Review
No abstract provided.
The Impact Of “Anti-Sharia” Legislation On Arbitration And Why Judge Nielsen In Florida Got It Right, Katherine A. Sanoja
The Impact Of “Anti-Sharia” Legislation On Arbitration And Why Judge Nielsen In Florida Got It Right, Katherine A. Sanoja
FIU Law Review
No abstract provided.
Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Adam A. Ding
Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Adam A. Ding
Faculty Publications
This article details the findings of a two-year empirical study on the impact of a law school academic support program (ASP) on law students. The hypothesis of the study was that as students' participation in a well-resourced, open-access ASP increases, students' perception of "autonomy support" and "humanizing" grows as well. The study concludes, based upon statistically significant data, that law school ASPs impact students in positive ways and therefore are worth the investment. This article is the third in a series designed to show that law school academic support measures positively impact students' well-being and lead to a more robust …
Prescriptive Jurisdiction, Adjudicative Jurisdiction, And The Ministerial Exemption, Howard M. Wasserman
Prescriptive Jurisdiction, Adjudicative Jurisdiction, And The Ministerial Exemption, Howard M. Wasserman
Faculty Publications
No abstract provided.
Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh
Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh
Faculty Publications
No abstract provided.
Judicial Engagement, Written Constitutions, And The Value Of Preservation: The Case Of Individual Rights, Elizabeth Price Foley
Judicial Engagement, Written Constitutions, And The Value Of Preservation: The Case Of Individual Rights, Elizabeth Price Foley
Faculty Publications
When judges alter a written constitution because its original meaning is no longer convenient, useful or modern, they engage in judicial activism. They are actively seeking to modify the written social compact to suit their own, or their perception of society’s, current preferences. Judicial activism is a usurpation of the proper judicial role, and it undermines the proper role of We the People. Only the People may amend the written constitution when a sufficiently large number (i.e., a supermajority) believes strongly enough that a formal, written modification of the social charter is necessary. Judicial engagement refers to the need for …
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Faculty Publications
No abstract provided.
The Constitution Of Cádiz In Florida, M C. Mirow
The Constitution Of Cádiz In Florida, M C. Mirow
Faculty Publications
The article explores the vibrant constitutional community that existed in St. Augustine and the province of East Florida in the final decade of Spanish control of the area. Based on relatively unexplored primary sources, it reveals a great deal of unknown information about the importance of the Constitution in Florida immediately before the territory was transferred to the United States. The article provides full description of the Constitution's promulgation in 1812 and a second promulgation of the Constitution in 1820 (something unknown in the general literature). It also addresses the construction of the St. Augustine monument to the Constitution erected …
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
Faculty Publications
This article describes how the author integrated comparative and international law lessons into a first year course on U.S. Constitutional Law. This version of a paper originally submitted to the International Association of Law Schools Conference on Comparative Constitutional Law in 2009, has been enriched by adding citations and references to relevant papers of other conference participants. The article includes a review of the literature on teaching comparative constitutional law, basic pedagogical theory, a bibliography, some practical advice and a set of four lessons on the themes of judicial review, transnational interpretation, affirmative action and reproductive rights, complete with discussion …
Rethinking Voir Dire, Eric R. Carpenter
Of Trayvon Martin, George Zimmerman, And Legal Expressivism: Why Massachusetts Should Stand Its Ground On "Stand Your Ground", Louis N. Schulze Jr.
Of Trayvon Martin, George Zimmerman, And Legal Expressivism: Why Massachusetts Should Stand Its Ground On "Stand Your Ground", Louis N. Schulze Jr.
Faculty Publications
This essay suggests that the expressive impact of Stand Your Ground laws alters the shared norms governing our collective understanding of the moral limits of “self-defense.” The essay argues that the theory of Legal Expressivism can explain the widespread misunderstanding of the limits of self-defense, as demonstrated by the institutional and popular reactions to the killing of Trayvon Martin by George Zimmerman. To support this thesis, the piece briefly explains Stand Your Ground statutes and legal expressivism. It then details the nature of the expressive function of these statutes and asserts that Massachusetts, which recently considered the adoption of such …
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Faculty Publications
The Migratory Bird Treaty Act (MBTA) contains a very broad ban on harming migratory birds, as well as a strict liability standard for misdemeanor violations. Without further limitation, the MBTA would theoretically apply to countless ordinary life activities, such as driving a car or having windows on one’s home. Naturally, there are due process concerns with such a scenario, so Congress expressly left it to the Department of the Interior to draft more detailed implementing regulations. Unfortunately, the existing regulations fail to adequately address the potential overbreadth of the MBTA’s misdemeanor application, forcing the courts to do so on an …
The Professional, Winter 2012, Henry Latimer Center For Professionalism
The Professional, Winter 2012, Henry Latimer Center For Professionalism
The Professional Newsletter
The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.
Florida's First Constitution, M C. Mirow
Florida's First Constitution, M C. Mirow
Faculty Books
The central square of St. Augustine, Florida, the Plaza de la Constitución, is not named for the United States Constitution. Instead, its name comes from Florida’s first constitution, the Spanish Constitution of Cádiz of 1812. Daily political life in Florida’s Spanish colonial cities was governed by this document, and cities like St. Augustine ordered their activities around the requirements, rights, and duties expressed in this constitution. The Constitution of Cádiz was the first truly transatlantic constitution because it applied to the entire Spanish empire, of which St. Augustine and Pensacola were just a part. It was drafted by representatives from …
Between Tradition And Progress: A Comparative Perspective On Polygamy In The United Satates And India, Cyra Akila Choudhury
Between Tradition And Progress: A Comparative Perspective On Polygamy In The United Satates And India, Cyra Akila Choudhury
Faculty Publications
Both the United States and India have had longstanding experiences with polygamy and its regulation. In the United States, the dominant Protestant majority has sought to abolish Mormon practices of polygamy through criminalization. Moreover, the public policy exception has been used to deny recognition of plural marriages conducted legally elsewhere. India’s approach to polygamy regulation and criminalization has been both similar to and different from that of the United States. With a sizable Muslim minority and a legal framework that recognizes religious law as family law, India recognizes polygamy in the Muslim minority community. However, it has criminalized it in …
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone
Faculty Publications
This Article traces the genesis of this misguided doctrine, its proliferation, and it’s many flaws. It explains what the doctrine has come to mean and which facets of a comment can render it “stray” as a matter of law. Part II evaluates this unwieldy and untenable doctrine and its haphazard and misguided application over the past two decades. Specifically, it was never intended to be a formal doctrine. As employed by courts, the term “stray” means too many things and is too ambiguous for the doctrine to be coherent or effective. Moreover, courts ascribe varying degrees of significance to the …
Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.
Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.
Faculty Publications
In the wake of two momentous critiques of legal education, popularly known as the “Carnegie Report” and “Best Practices,” law schools are reconsidering certain basic assumptions about how we educate future lawyers. Even the most forward-thinking reformers, however, struggle with the details of how to implement many of the recommendations of those reports. Providing more formative assessment, for instance, is a laudable objective but one that has serious ramifications in terms of resource expenditures. This article seeks to provide a remedy for many of these struggles: “Academic Support Across the Curriculum.” This piece argues that the reconceptualization of an under-leveraged …