Law Commons^™

Exploring Local Food System Practices And Perceptions: Insights From Florida's Snap-Authorized Farmers' Markets, Leslie Babiak

USF Tampa Graduate Theses and Dissertations

Despite heightened interest in creating local food systems that enhance health of ecologies, economies, and all members of communities, the public space of farmers' markets is far less than inherently equitable. This is particularly concerning given America's unprecedented crisis of food hardship and related disease, which disproportionately affects lower income populations. This research addresses the social justice implications of SNAP (food stamp) operations for locally oriented food systems. Pioneering practices of three of Florida's SNAP-authorized farmers' markets, and the attitudes and behaviors of one-hundred-seventy-six market patrons, were explored through customer surveys, market manager interviews, and environmental assessments. Qualitative and quantitative …

Connecting Pixels To People: Management Agents And Social-Ecological Determinants Of Changes To Street Tree Distributions, Shawn Landry

USF Tampa Graduate Theses and Dissertations

Street trees are an important component of the urban forest that can provide direct and indirect benefits to social and ecological sustainability in cities. Temporal and spatial interactions between human and non-human management agents determine the distribution and health of street tree populations in urban areas. This dissertation seeks to enhance our understanding of the spatial patterns and processes affecting street trees by investigating the agents and social-ecological determinants of changes to street tree distributions in urban residential neighborhoods. The research was guided by three primary questions: (1) Are recent changes to the spatial distribution of street trees influenced by …

Colors And Mapping: The Right To Receive Information, Kathryn Stephanie Skupien

USF Tampa Graduate Theses and Dissertations

Color is used in everything we see and do and it often can be used for effect and representation, particularly on maps and transportation signage. This study explores the issues that the color blind population exhibits when viewing these maps and signs. Seeing that 8%#37; of the male population is afflicted with some form of color blindness, it is pertinent that research reflect these issues and take into consideration the Right to Receive Information for this population. A qualitative method using Photovoice and interviews was used to determine whether this population considers itself having a disability and what solutions can …

Polysemy, Plurality, & Paradigms: The Quixotic Quest For Commensurability Of Ethics And Professionalism In The Practices Of Law, Eric Paul Engel

USF Tampa Graduate Theses and Dissertations

According to many, the legal industry is currently suffering from a professionalism problem. The following dissertation is a response to the question, "What can be done about incivility in the practice of law in Florida?" It begins by exploring the literature examining ethics and professionalism, specifically focusing on the role communication plays in the production and reification of patterns of meaning and action. After contextualizing the professionalism problem socio-culturally and historically, the dissertation next provides an overview of some relevant aspects of the Coordinated Management of Meaning (a theoretical communication framework employed to help make sense of the existing state …

Citizens United, The Marketplace, And Influence, Corin Shanti La Pointe-Aitchison

USF Tampa Graduate Theses and Dissertations

This study analyzes the rationale used by the Supreme Court in the 2010 case, Citizens United v. Federal Election Commission. The majority opinion and dissent were dissected and scrutinized for any weaknesses. After careful review and comparison with First Amendment theories and scholarly articles, it was found that the majority opinion and final decision were poorly reasoned and created a dangerous political communication landscape and a weakened Marketplace of Ideas.

Virtual Uncertainty: Developments In The Law Of Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook

Articles by Maurer Faculty

This article surveys developments in the laws relating to virtual currencies and their regulation by the Department of Treasury's Financial Crimes Enforcement Network, and enforcement actions taken by the Departments of Treasury, Homeland Security and Justice against funds held in deposit accounts owned by Dwolla, Mt. Gox, and Mutum Sigillum, LLC, and DOJ's action against Liberty Reserve. It also analyses changes to the CFPB's cross-border remittance transfer regulations, and its first use of its preemption authority to preempt portions of the Maine and Tennessee gift card laws pertaining to expiry, and the first action by the FDIC against a bank …

Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig

Articles by Maurer Faculty

The CJEU's judgment in Pringle saved the European Stability Mechanism from invalidity. The result was unsurprising, given that the contrary conclusion would have precipitated further crisis in the financial markets. The judgment is nonetheless highly interesting and not merely for those concerned with this aspect of EU law. This is because it contains much that is of more general relevance for the very nature of legal reasoning, and the blend of text, purpose and teleology that informs legal discourse. This article addresses two of the central claims made in the case.

The first was that the ESM was in reality …

Book Review. Tax And Spend: The Welfare State, Tax Politics, And The Limits Of American Liberalism By Molly C. Michelmore, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Conventional Wisdom About Yugoslavia And Rwanda: Methodological Perils And Moral Implications, Aleksandar Jokić

Philosophy Faculty Publications and Presentations

While ostensibly a response to a critique, the main goal of this Article is to demonstrate how easily conventional wisdom, usually shaped by the media and politics, can corrupt scholarship when it is simply presupposed by those engaged in what should be an academic polemic, yet often also includes ‘activism in scholarship’. The examples of approved narratives in the West on Yugoslavia and Rwanda are used for the sake of this demonstration.

Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice , John Lande

Journal of Dispute Resolution

This article synthesizes some of the main points of the symposium contributors. They covered a wide range of key issues and thus this symposium provides a good overview of the challenges of and options for legal education reform. Of course, given the vast scope of the problems presented, this symposium issue of the Journal of Dispute Resolution cannot provide an all-encompassing analysis nor a comprehensive set of recommendations for reform. We do, however, hope that it will be a useful contribution to the growing movement and literature designed to improve legal education in the U.S. Part II of this article …

On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage

Articles by Maurer Faculty

This Essay — written for Florida State University’s symposium on the 100th anniversary of the U.S. federal income tax — evaluates how the literature on tax salience should be advanced in order for it to better guide tax policy over the coming decades. The literature on tax salience analyzes how taxpayers account for the costs imposed by taxation when the taxpayers make decisions or judgments, both in the taxpayers’ roles as voters and as market participants. This Essay evaluates both possible operative mechanisms that might underlie observed tax salience effects and limiting factors that might prevent tax salience effects from …

The Origin Of The High Centralization Of Tax Legislative Power, Wei Cui

All Faculty Publications

The high degree of centralization of tax legislative power in China has produced frequent controversies in practice, and is also fundamentally inconsistent with certain basic principles of public finance and the rule of law. However, this arrangement is commonly assumed as a given for the contemporary Chinese policy. This article challenges this prevalent view. It argues that the centralization of tax legislative power began only in 1977, and was by no means a fixed institution before that time. Moreover, such centralization strengthened between 1977 and 1993, which was a period regarded as the golden age of fiscal decentralization. Thus there …

Shattered Dreams: An Analysis Of The Georgia Board Of Regents' Admissions Ban From A Constitutional And International Human Rights Perspective, Azadeh Shahshahani, Chaka Washington

UC Law Journal of Race and Economic Justice

Access to higher education for undocumented immigrants is a highly debated issue across the country. While some states have been more inclusive of undocumented students, other states have implemented laws which make higher education unattainable for this group. In 2008, South Carolina enacted House Bill 4400 which bars undocumented immigrants from attending public colleges and universities. The University System of Georgia is, so far, the only other public university system to enact a policy which outright bans undocumented students from certain colleges.

This article begins by discussing the Georgia Board of Regents' ban from a constitutional perspective, applying an equal …

A Local Official's Guide To Language Access Laws, David Jung, Noemi Gallardo, Ryan Harris

UC Law Journal of Race and Economic Justice

Sharp growth in immigration has introduced California to a large number of persons who do not speak and understand English well enough to make use of basic social services. These individuals may not know what public services are available, may not be able to communicate with local officials, and may not receive information that local agencies release to the public. Local agencies throughout California should ensure that all their services are accessible to persons for whom English is a barrier to understanding.

This article first explains why the California and federal constitutions forbid laws requiring that services be provided in …

Are California's Homeless Children Being Left Behind - Analyzing The Implementation Of Mckinney-Vento Education Rights In California, Taylor Pospichel

UC Law Journal of Race and Economic Justice

The term "homeless" evokes the image of an individual adult begging for change on a city sidewalk. The growing problem of homeless families, and of homeless children in particular, has not achieved the same level of social consciousness. Perhaps for that reason, the services in place for homeless individuals are not equipped to address the needs of displaced children. Title VII of the federal McKinney-Vento Act addresses the problems homeless children face in attending and succeeding in school. California has similar measures in place. However, the needs of California's homeless children are not adequately met at present.

This note exan-mines …

Physician Assisted Suicide: Debunking The Myths Surrounding The Elderly, Poor And Disabled, Anne Marie Su

UC Law Journal of Race and Economic Justice

In most states, patients with terminal, painful, and debilitating conditions have no means of ending their suffering except by waiting to die. As interest in physician assisted suicide began to grow in this country, the Supreme Court in a series of decisions expressed fear that recognition of a right to die would lead to abuses. For example, disability rights activists in particular argue that it would encourage burdened family members to pressure disabled persons to end their lives. Evidence from the two states that have legalized physician assisted suicide, however, should lay these fears to rest.

This note opens with …

Crimes Without Punishment: An Update On Violence Against Women And Impunity In Guatemala, Karen Musalo, Blaine Bookey

UC Law Journal of Race and Economic Justice

In response to rates of violence against women that rank among the highest in the world, Guatemala enacted the Law Against Femicide and Other Forms of Violence Against Women in 2008. Unfortunately, the law does not seem to be rectifying the deeply rooted problem of gender-based violence that plagues Guatemala. A 2010 report by the Center for Gender & Refugee Studies and later investigation in collaboration with the Refugee and Human Rights Clinic at UC Hastings revealed the degree to which Guatemala is failing to protect women from gender-motivated attack.

This article first surveys the scope of the problem of …

Planting People, Growing Justice: The Three Pillars Of New Social Justice Lawyering, Artika R. Tyner

UC Law Journal of Race and Economic Justice

To accomplish meaningful social change, lawyers must move beyond their traditional role as mediaries between clients and the justice system and work collaboratively with marginalized communities. Lawyers should stand as leaders to help underprivileged people obtain the basic necessities of life and dignity. To that end, Dr. Tyner introduces three pillars of new social justice lawyering: social justice lawyering, leadership, and public policy advocacy.

This essay opens with a survey of several theoretical approaches to social justice lawyering. It moves on to examine how lawyers can serve as leaders. Finally, the article explores ways in which lawyers can serve as …

Rape By The System: The Existence And Effects Of Sexual Abuse Of Women In United States Prisons, Samiera Saliba

UC Law Journal of Race and Economic Justice

For thousands of women incarcerated in U.S. prisons, punishment has come to include sexual abuse by male prison guards. Twenty-five percent of women inside prison report such abuse, and that number likely falls short of the true figure. Nonetheless, the majority of guards in women's prisons continue to be male.

This note first explores the reasons for the prevalence of sexual abuse in women's prisons. It moves on to the effect of this abuse on women inside and on their communities. The note also surveys the legal barriers that prevent abused women inside from seeking redress. Finally, the note proposes …

The Affordable Care Act And Beyond: Opportunities For Advancing Health Equity And Social Justice, Rene Bowser

UC Law Journal of Race and Economic Justice

In 2010, the most monumental health care legislation in forty-five years was enacted. The Patient Protection and Affordable Care Act ("ACA") makes changes great and small in virtually every important component of the American health care system. The new law's implications will not be known fully for many years because state governments and federal agencies are in the process of interpreting key provisions, drafting rules and devising general implementation strategies. And, uncertainty exists about the scope of the ACA because of the recent Supreme Court ruling in National Federal of Independent Business v. Sebelius. The court upheld nearly all of …

More Restrictive Than Necessary: A Police Review Of Secure Housing Units, Zafir Shaiq

UC Law Journal of Race and Economic Justice

When almost seven thousand Pelican Bay inmates refused food for weeks on end, California took notice of the unacceptable living conditions in its Secure Housing Units (or SHUs). SHU residents live for months and years with almost no human contact, and succumb to serious mental illness as a result. Despite the attention that the hunger strikes brought to the issue, however, meaningful improvement to California's SHUs does not appear to be on the horizon.

This note begins with the history of isolation in American prisons and its use as a means of long-term punishment and control. It then depicts the …

Getting Beyond Intuition In The Probable Cause Inquiry, Erica Goldberg

School of Law Faculty Publications

Courts are proudly resigned to the fact that the probable cause inquiry is “nontechnical.” In order to conduct a search or make an arrest, police need to satisfy the probable cause standard, which the Supreme Court has deemed “incapable of precise definition or quantification into percentages.” The flexibility of this elusive standard enables courts to defer to police officers’ reasonable judgments and expert intuitions in unique situations. However, police officers are increasingly using investigative techniques that replace their own observational skills with test results from some other source, such as drug sniffing dogs, facial recognition technology, and DNA matching. The …

What Do Legal Employers Want To See In New Graduates? Using Focus Groups To Find Out, Susan Wawrose

School of Law Faculty Publications

What do legal employers expect from new law school graduates? What skills and competencies do employers value most? With the slow legal hiring market and the pressure on law schools to produce graduates with adequate skills to enter law practice, these are burning questions at law schools today. We went directly to typical employers of our law school’s graduates to find the answers.

This Article describes the original research of a Bar Outreach Project formed by three legal research and writing professors at the University of Dayton School of Law. We conducted formal focus groups with legal employers and used …

Ohio Oil And Gas Litigation In The New Fracking Era, Blake Watson

School of Law Faculty Publications

There is a new era of oil and gas exploration in Ohio: the horizontal “fracking” era. Although the hydraulic fracturing process has been utilized for decades, the recent development of horizontal drilling methods has enabled companies to extract oil and gas from the Marcellus and Utica deep shale formations. Horizontal hydraulic fracturing has substantially changed oil and gas drilling in eastern Ohio, as evident by the following statements taken from a complaint filed by landowners in Columbiana County:

From 2008 through 2010, few Columbiana County landowners understood the significance of the Utica shale play. ... [M]any landowners enter[ed] into oil …

‘Germans Are The Lords And Poles Are The Servants’: The Trial Of Arthur Greiser In Poland, 1946, In The Hidden Histories Of War Crimes Trials (Kevin Jon Heller & Gerry Simpson Eds., 2013), Mark A. Drumbl

Books and Chapters

In the aftermath of World War II, the first conviction of an influential Nazi German official for the crime of waging aggressive war was delivered not by the International Military Tribunal at Nuremberg, but, rather, by the Supreme National Tribunal of Poland sitting in Poznán. The accused was Arthur Greiser. Beginning in September 1939, Greiser served as Gauleiter (i.e. Governor) of the Warthegau, a large expanse of western Poland that had been illegally annexed to Nazi Germany. The Warthegau's residents suffered brutally under Greiser's boot.

The Polish Tribunal sentenced Greiser to death on July 9, 1946. His execution by public …

Is The Nfl Playing Dirty With Super Bowl Clean Zones?: Will The Noerr-Pennington Doctrine Be Successfully Applied By The Nfl In Williams V. City Of Arlington And Future Cases Involving The Super Bowl Clean Zone Ordinance, Andrew Sachs

Student Works

No abstract provided.

Think Before You Speak: Holder V. Humanitarian Law Project - The Terrorists Stole My Freedom Of Speech, Robert William Canoy Jr.

MC Law Review

Note

How Much Land Can A Sand Pump Dump: Stop The Beach Renourishment, Inc. V. Fla. Dep't Of Envtl. Prot., Justin Ponds

MC Law Review

Note

Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orestein

MC Law Review

No abstract provided.

The Social Media Thicket For Mississippi Lawyers: Surviving And Thriving In An Ethical Tangled Web, Michael H. Rubin

MC Law Review

No abstract provided.