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Articles 11641 - 11670 of 13469
Full-Text Articles in Law
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
Sabin Center for Climate Change Law
This article explores the constitutional viability of expanding domestic, state-run cap-and-trade programs to include Canadian provinces. It examines four constitutional doctrines that might be used to challenge these cross-border collaborations: preemption, the dormant foreign affairs power, the Compact Clause, and the dormant foreign Commerce Clause. Ultimately, it makes the case that while these doctrines are flexible enough that they could be interpreted to prohibit cross-border cap-and-trade, courts would be wise to let these novel and commendable state initiatives proceed.
Keep Your Friends Close But Your Auditors Closer: Corporations Risk Waiver When Independent Auditors Request Work Product, Daniel M. Reach
Keep Your Friends Close But Your Auditors Closer: Corporations Risk Waiver When Independent Auditors Request Work Product, Daniel M. Reach
University of Florida Journal of Law & Public Policy
No abstract provided.
Pushing Alice Down The Rabbit Hole: How Florida's Video Voyeurism Laws Protect Victims, Ramon Guillen Jr.
Pushing Alice Down The Rabbit Hole: How Florida's Video Voyeurism Laws Protect Victims, Ramon Guillen Jr.
University of Florida Journal of Law & Public Policy
No abstract provided.
The Full Faith And Credit Clause: Do Factual Executive Documents Require Equivalent Treatment Between States?, Darren A. Prum
The Full Faith And Credit Clause: Do Factual Executive Documents Require Equivalent Treatment Between States?, Darren A. Prum
University of Florida Journal of Law & Public Policy
No abstract provided.
Identity, Privacy And Crime: Privacy And Public Records In Florida, Martin A. Holland
Identity, Privacy And Crime: Privacy And Public Records In Florida, Martin A. Holland
University of Florida Journal of Law & Public Policy
No abstract provided.
Feeling Our Way Through The Clean Water Act: Pre-Enforcement Judicial Review Of The Epa Compliance Orders Under Sackett V. Environmental Protection Agency, Susan L. Stephens, Miguel Collazo Iii
Feeling Our Way Through The Clean Water Act: Pre-Enforcement Judicial Review Of The Epa Compliance Orders Under Sackett V. Environmental Protection Agency, Susan L. Stephens, Miguel Collazo Iii
University of Florida Journal of Law & Public Policy
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 18, Iss. 3
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 18, Iss. 3
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Journal's Twenty-Fifth Anniversary: Reflections From The Founding To Today, Scott D. Makar
The Journal's Twenty-Fifth Anniversary: Reflections From The Founding To Today, Scott D. Makar
University of Florida Journal of Law & Public Policy
No abstract provided.
Unpacking The First Prong Of The Strickland Standard: How To Identify Controlling Precedent And Determine Prevailing Professional Norms In Ineffective Assistance Of Counsel Cases, Gary Feldon, Tara Beech
Unpacking The First Prong Of The Strickland Standard: How To Identify Controlling Precedent And Determine Prevailing Professional Norms In Ineffective Assistance Of Counsel Cases, Gary Feldon, Tara Beech
University of Florida Journal of Law & Public Policy
No abstract provided.
Much Ado About Nothing - Prosecutorial Burden And The Sixth Amendment's Impact On Forensic Analysis, Tyler J. Hudson
Much Ado About Nothing - Prosecutorial Burden And The Sixth Amendment's Impact On Forensic Analysis, Tyler J. Hudson
University of Florida Journal of Law & Public Policy
No abstract provided.
The Community Planning Act: Market Over Planning, Zachary Jellson
The Community Planning Act: Market Over Planning, Zachary Jellson
University of Florida Journal of Law & Public Policy
No abstract provided.
Overview Of The Twenty-Fifth Anniversary Edition, Ronnell Robinzine
Overview Of The Twenty-Fifth Anniversary Edition, Ronnell Robinzine
University of Florida Journal of Law & Public Policy
No abstract provided.
Cloud Over Florida's Sunshine Laws, Jenna Leigh Fischman
Cloud Over Florida's Sunshine Laws, Jenna Leigh Fischman
University of Florida Journal of Law & Public Policy
No abstract provided.
From Tools To Toys—The Gutting Of The Infamous Primary Indicators: How The Florida Legislature Accidentally Encouraged Urban Sprawl . . . Again, Kathryn Barkett Rossmell
From Tools To Toys—The Gutting Of The Infamous Primary Indicators: How The Florida Legislature Accidentally Encouraged Urban Sprawl . . . Again, Kathryn Barkett Rossmell
University of Florida Journal of Law & Public Policy
No abstract provided.
Copyright Policymaking As Procedural Democratic Process: A Discourse-Theoretic Perspective On Acta, Sopa, And Pipa, Annemarie Bridy
Copyright Policymaking As Procedural Democratic Process: A Discourse-Theoretic Perspective On Acta, Sopa, And Pipa, Annemarie Bridy
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Region Codes And Human Rights, Molly Land
Region Codes And Human Rights, Molly Land
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Constitutional Transformation In The Ecthr: Strasbourg’S Expansive Recourse To External Rules Of International Law, Julian Arato
Constitutional Transformation In The Ecthr: Strasbourg’S Expansive Recourse To External Rules Of International Law, Julian Arato
Faculty Scholarship
No abstract provided.
Hitting The Wall As A Legal Writer, Elizabeth Fajans
Hitting The Wall As A Legal Writer, Elizabeth Fajans
Faculty Scholarship
No abstract provided.
Consumer Protection Out Of The Shadows Of Shadow Banking: The Role Of The Consumer Financial Protection Bureau, David Reiss
Consumer Protection Out Of The Shadows Of Shadow Banking: The Role Of The Consumer Financial Protection Bureau, David Reiss
Faculty Scholarship
No abstract provided.
Portrait Of A Judge: Judith S. Kaye, Dichotomies, And State Constitutional Law, Susan Herman
Portrait Of A Judge: Judith S. Kaye, Dichotomies, And State Constitutional Law, Susan Herman
Faculty Scholarship
No abstract provided.
All That Is Gold Does Not Glitter In Human Clinical Research: A Law– Policy Proposal To Brighten The Global “Gold Standard” For Drug Research And Development, Michael J. Malinowski, Grant G. Gautreaux
All That Is Gold Does Not Glitter In Human Clinical Research: A Law– Policy Proposal To Brighten The Global “Gold Standard” For Drug Research And Development, Michael J. Malinowski, Grant G. Gautreaux
Journal Articles
This Article challenges the global science standard for putting new drugs on pharmacy shelves. The primary premise is that the “gold standard” of group experimental design is an antiquated extension of drug development’s crude-science past, and is inconsistent with the precision of contemporary genetics— the science that increasingly dominates the drug development pipeline. The Article identifies law– policy options that would raise the standard for human clinical research under the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use.
Government Rx--Back To The Future In Science Funding? The Next Era In Drug Development, Michael J. Malinowski
Government Rx--Back To The Future In Science Funding? The Next Era In Drug Development, Michael J. Malinowski
Journal Articles
The roles of government, industry, and academia in science research have been recast repeatedly since the U.S. began infusing tremendous funding during WWII. Recently, the National Institutes of Health (NIH) proposed a billion-dollar center to intervene in commercial drug development with the objective of lifting it out of a frightening fifteen-year slump in productivity. This article questions the role of the U.S. government in pharmaceutical development after completion of a map of the human genome (the touchstone of the Human Genome Project, HGP), a research undertaking spearheaded by the U.S. Government that spanned more than a decade. Specifically, the article …
Doctors, Patients, And Pills--A System Popping Under Too Much Physician Discretion? A Law-Policy Prescription To Make Drug Approval More Meaningful In The Delivery Of Health Care, Michael J. Malinowski
Doctors, Patients, And Pills--A System Popping Under Too Much Physician Discretion? A Law-Policy Prescription To Make Drug Approval More Meaningful In The Delivery Of Health Care, Michael J. Malinowski
Journal Articles
This article challenges the scope of physician discretion to engage in off-label use of prescription drugs. The discretion to prescribe dimensions beyond the clinical research that puts new drugs on pharmacy shelves has been shaped by two historic influences: a legacy of physician paternalism, solidarity, autonomy, and self-determination that predates the contemporary commercialization of medicine by more than half a century, and regulatory necessity due to the limits of science and innate crudeness of pharmaceuticals prior to the genomics revolution (drug development and delivery based upon genetic expression). Although both factors have changed immensely, the standard for drug approval has …
Adversarial No More: How Sua Sponte Assertion Of Affirmative Defenses To Habeas Wreaks Havoc On The Rules Of Civil Procedure, Katherine Macfarlane
Adversarial No More: How Sua Sponte Assertion Of Affirmative Defenses To Habeas Wreaks Havoc On The Rules Of Civil Procedure, Katherine Macfarlane
Journal Articles
In every federal civil case, a defendant must raise its affirmative defenses in the pleading that responds to a plaintiff's complaint. According to Federal Rule of Civil Procedure 8(c), failure to properly plead, for example, a statute of limitations defense, waives the defense for good. Rule 8(c) does not exempt any category of affirmative defense, nor does it forgive unintentional omissions of certain defenses. It also does not prefer governmental defendants to others. Yet in habeas corpus cases, the most significant affirmative defenses to habeas petitions need not comply with Rule 8(c). Instead, federal courts may raise the affirmative defenses …
Drug Development--Stuck In A State Of Puberty?: Regulatory Reform Of Human Clinical Research To Raise Responsiveness To The Reality Of Human Variability, Michael J. Malinowski
Drug Development--Stuck In A State Of Puberty?: Regulatory Reform Of Human Clinical Research To Raise Responsiveness To The Reality Of Human Variability, Michael J. Malinowski
Journal Articles
Scathing critiques of the Food and Drug Administration's (“FDA”) performance by the Government Accountability Office and Institutes of Medicine, a plummet in innovative new drug approvals in spite of significant annual investment increases in biopharmaceutical research and development (“R&D”), and market controversies such as the painkiller Vioxx and the diabetes drug Avandia (both associated with significantly escalated risks of heart attacks and strokes) have raised doubts about the sufficiency of FDA *364 regulation. This Article questions how prescription medicines reach the market and proposes law-policy reforms to enhance the FDA's science standard for human clinical trials and new drug approvals. …
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Journal Articles
Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain subject matter may constrain national governments during international negotiations - a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. While federal nations that grant subnational governments exclusive regulatory control obviously place value on stringent decentralization and the benefits it provides in those regulatory areas, the difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. …
Fail-Safe Federalism And Climate Change: The Case Of U.S. And Canadian Forest Policy, Blake Hudson
Fail-Safe Federalism And Climate Change: The Case Of U.S. And Canadian Forest Policy, Blake Hudson
Journal Articles
Recent research demonstrates the difficulties that federal systems of government may present for international treaty formation, a prime example being legally binding treaties aimed at harnessing global forests to regulate climate change. Some federal constitutions, such as the U.S. and Canadian constitutions, grant subnational governments virtually exclusive direct forest management regulatory authority for non-federally owned forests. With subnational governments controlling sixty-five percent of forests in the United States and eighty-four percent in Canada, the U.S. and Canadian federal governments may be constrained during international negotiations and unable to legally bind subnational governments to any agreement prescribing methods of utilizing these …
Louisiana Oil & Gas Update, Keith B. Hall
Annexation And The Mid-Size Metropolis: New Insights In The Age Of Mobile Capital, Christopher J. Tyson
Annexation And The Mid-Size Metropolis: New Insights In The Age Of Mobile Capital, Christopher J. Tyson
Journal Articles
Metropolitan regions are led by their central cities. They want and need to grow, but the suburban sprawl and municipal fragmentation that growth produces stand in the way. Fragmentation handicaps the central city’s ability to effectively coordinate responses to regional issues. Mid-size regions are especially vulnerable to the effects of fragmentation, as they face unique economic development and sociological challenges. First, mid-size regions lack many of the assets necessary to compete globally for mobile capital. Second, social inequality plays out differently in mid-size regions, which are spatially constrained and have pervasive low-density land use patterns. Municipal boundaries reflect these divisions …