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2017

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Full-Text Articles in Law

Judge Lawrence W. Kaplan And His Court Cases In Family Division, Court Of Common Pleas Of Allegheny County (1980-1990), Joel Fishman Jan 2017

Judge Lawrence W. Kaplan And His Court Cases In Family Division, Court Of Common Pleas Of Allegheny County (1980-1990), Joel Fishman

Law Faculty Publications

In the last issue of the Pennsylvania Family Lawyer, I compiled a list of family law cases decided by Judge R. Stanton Wettick, Jr. for the decade of the 1980s when the Divorce Code was first introduced into the Commonwealth. The local court was a leader in deciding cases that set forth many of the principles that the appellate courts adopted as new law developed. In this article, I present the cases of Judge Lawrence Kaplan who served his entire judicial career in the Allegheny Court of Common Pleas from June 30, 1978 until his retirement on Augst 12, 1998 …


Unilateral Corporate Regulation, William Magnuson Jan 2017

Unilateral Corporate Regulation, William Magnuson

Faculty Scholarship

Corporations today wield unprecedented power in politics and society, and they have a tremendous effect on human welfare around the globe. At the same time, they are increasingly difficult to regulate. Corporations are savvy and mobile, and they can relocate to avoid burdensome domestic regulation with surprising ease. The agility of corporations creates a dilemma for government decisionmakers seeking to balance the need to attract the wealth that corporations create with the desire to pursue other policy priorities. One potential approach that governments have used to address this dilemma is international cooperation, and a growing number of scholars have argued …


The Impact Of Science And Technology On The Rights Of The Individual. By Nicola Lucchi [Book Review], Dana Neacsu Jan 2017

The Impact Of Science And Technology On The Rights Of The Individual. By Nicola Lucchi [Book Review], Dana Neacsu

Law Faculty Publications

Nicola Lucchi is an associate professor at the Jönköping International Business School, in Jönköping, Sweden. His research and teaching focus on comparative information law and policy, and the interaction between law and innovation. His current book, The Impact of Science and Technology on the Rights of the Individual, seems to be the natural progression of an earlier book Biotech Innovations and Fundamental Rights, which he co-edited in 2012 while at the University of Ferrara. While the earlier work was meant to demonstrate how “the legal regulation of scientific research and scientific investigations impact more and more directly on …


Popular Culture And Legal Pluralism: Narrative As Law. By Wendy A. Adams [Book Review], Dana Neacsu Jan 2017

Popular Culture And Legal Pluralism: Narrative As Law. By Wendy A. Adams [Book Review], Dana Neacsu

Law Faculty Publications

Wendy Adams’ book is published in Routledge's “Law, Justice, and Power” series, edited by Austin Sarat. Like Sarat, Adams, who teaches law at McGill University, belongs to the school of "cultural studies of law". Thus, her writing is refreshingly cosmopolitan and interdisciplinary. Her project is to build a “legal narrative,” which is a framework for popular culture as law, where illegal acts could easily become re-imagined in an alternative legality. She argues that “legal texts originating with the state may well be of less significance in creating legal meaning in our lives than the representations of law in popular culture.”


Lived Legal Expertise: Mobilizing The Political Agency Of Incarcerated Youth, Ian S. Schiffer Jan 2017

Lived Legal Expertise: Mobilizing The Political Agency Of Incarcerated Youth, Ian S. Schiffer

Pomona Senior Theses

This thesis analyzes how caring relationships and an emancipatory approach to law related education (LRE) within juvenile justice facilities can cultivate political agency. I focused specifically on Camp Afflerbaugh-Paige, an LA County juvenile probation facility, in La Verne, CA, as a case study. During three months of teaching a law related education class and embedding myself at the facility with an asset-based framework, I encountered a wealth of knowledge that incarcerated juveniles possess, not from formal education or research, but based in their own lived experiences. Los Angeles County Probation spends $233,000 per student per year; assuming best intentions of …


California Water Reallocation: Where'd You Get That?, Damian Park Jan 2017

California Water Reallocation: Where'd You Get That?, Damian Park

Economics

When thirsty, Californians often avoid going to the market for more water. Instead, they might borrow some from their rich neighbors, they might sue them or more commonly, they simply take more from users without much of a voice (e.g. the fish or future generations). These alternatives are often superior to using markets. Within markets, a surprising detail emerges – it is uncommon for farmers to fallow fields in order to sell water to another user. Rather, many water transfers are structured so sellers can have their cake and eat it too. While some of these transfers rightly bring about …


Constitutional Economic Justice: Structural Power For "We The People", Martha T. Mccluskey Jan 2017

Constitutional Economic Justice: Structural Power For "We The People", Martha T. Mccluskey

Journal Articles

Toward that goal, this essay proposes a structural principle of collective economic power for “we the people.” This principle is both consistent with longstanding Constitutional ideals and tailored to the current challenges of neoliberal ideology and policy. It develops two premises: first, it rejects the neoliberal economic ideology that defines legitimate power and freedom as individualized “choice” constrained by an existing political economy. Instead, this proposed principle recognizes that meaningful political economic freedom and power fundamentally consist of access to collective organizations with potential to create a “more perfect union” with better and less constrained options. Second, the post-Lochner principle …


The Regulation Of Student Financial Aid: Who Bears What Costs Matters Most, Andrew B. Whitford, Janet S. Whitford Jan 2017

The Regulation Of Student Financial Aid: Who Bears What Costs Matters Most, Andrew B. Whitford, Janet S. Whitford

University of Florida Journal of Law & Public Policy

No abstract provided.


Analyzing Holographic Wills In The Digital Age: Should Florida's Antagonistic Stance Be Liberalized In Light Of Other Jurisdictions' Leniency?, Aubrey G. Smith Jan 2017

Analyzing Holographic Wills In The Digital Age: Should Florida's Antagonistic Stance Be Liberalized In Light Of Other Jurisdictions' Leniency?, Aubrey G. Smith

University of Florida Journal of Law & Public Policy

No abstract provided.


"No Shots, No School, No Kidding": The Legal Profession Needs A Vaccine To Ensure Professionalism, Debra Moss Curtis Jan 2017

"No Shots, No School, No Kidding": The Legal Profession Needs A Vaccine To Ensure Professionalism, Debra Moss Curtis

University of Florida Journal of Law & Public Policy

No abstract provided.


Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, Twinette L. Johnson Jan 2017

Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, Twinette L. Johnson

University of Florida Journal of Law & Public Policy

No abstract provided.


Reducing The Civil "Justice Gap" By Enhancing The Delivery Of Pro Bono Legal Assistance To Indigent Pro Se Litigants: A "Field" Assessment And Recommendations, Andrew H. Cohn Jan 2017

Reducing The Civil "Justice Gap" By Enhancing The Delivery Of Pro Bono Legal Assistance To Indigent Pro Se Litigants: A "Field" Assessment And Recommendations, Andrew H. Cohn

University of Florida Journal of Law & Public Policy

No abstract provided.


The "Faithless Elector" And 2016: Constitutional Uncertainty After The Election Of Donald Trump, Alexander Gouzoules Jan 2017

The "Faithless Elector" And 2016: Constitutional Uncertainty After The Election Of Donald Trump, Alexander Gouzoules

University of Florida Journal of Law & Public Policy

No abstract provided.


The Cost Of Character, Jennifer S. Hunt Jan 2017

The Cost Of Character, Jennifer S. Hunt

University of Florida Journal of Law & Public Policy

No abstract provided.


Program And Ward Characteristica And Cost Savings Of Public Guardianship: An Evaluation Of The Florida Public Guardianship Program, Winsor C. Schmidt, Pamela B. Teaster, Marta Mendiondo, Jennifer Marcum, Tenzin Wangmo Jan 2017

Program And Ward Characteristica And Cost Savings Of Public Guardianship: An Evaluation Of The Florida Public Guardianship Program, Winsor C. Schmidt, Pamela B. Teaster, Marta Mendiondo, Jennifer Marcum, Tenzin Wangmo

University of Florida Journal of Law & Public Policy

No abstract provided.


A Teasing Illusion? Homelessness And The Right To Interstate Travel, Tim Donaldson Jan 2017

A Teasing Illusion? Homelessness And The Right To Interstate Travel, Tim Donaldson

University of Florida Journal of Law & Public Policy

No abstract provided.


Undue Burden With A Bite: Shielding Reproductive Rights From The Jaws Of Politics, Niraj Thakker Jan 2017

Undue Burden With A Bite: Shielding Reproductive Rights From The Jaws Of Politics, Niraj Thakker

University of Florida Journal of Law & Public Policy

No abstract provided.


A Landlord's Obligation To Protect The Sensitive Information Of Potential And Current Lessees' From Identity Theft, Danielle Drora Greenstein Jan 2017

A Landlord's Obligation To Protect The Sensitive Information Of Potential And Current Lessees' From Identity Theft, Danielle Drora Greenstein

University of Florida Journal of Law & Public Policy

No abstract provided.


Crypto-Currencies: The 21st Century's Money Laundering And Tax Havens, Edgar G. Sánchez Jan 2017

Crypto-Currencies: The 21st Century's Money Laundering And Tax Havens, Edgar G. Sánchez

University of Florida Journal of Law & Public Policy

No abstract provided.


Promoting Dignity And Preventing Shame And Humiliation By Improving The Quality And Education Of Attorneys In Sexually Violent Predator (Svp) Civil Commitment Cases, Heather Ellis Cucolo, Michael L. Perlin Jan 2017

Promoting Dignity And Preventing Shame And Humiliation By Improving The Quality And Education Of Attorneys In Sexually Violent Predator (Svp) Civil Commitment Cases, Heather Ellis Cucolo, Michael L. Perlin

University of Florida Journal of Law & Public Policy

No abstract provided.


D.R. Horton Hears A Huh?: How Management-Side Employment Lawyers Should Prepare For The Supreme Court's Ruling In The Class-Action Waivers Controversy, Alexander Castro Jan 2017

D.R. Horton Hears A Huh?: How Management-Side Employment Lawyers Should Prepare For The Supreme Court's Ruling In The Class-Action Waivers Controversy, Alexander Castro

University of Florida Journal of Law & Public Policy

No abstract provided.


From Platitudes To The Passage Of The Hear Act: How Procedural Obstacles In U.S. Courts Have Prevented The Restitution Of Nazi-Expropriated Art And Congress's Efforts To Provide A Resolution, Jillian E. Meaney Jan 2017

From Platitudes To The Passage Of The Hear Act: How Procedural Obstacles In U.S. Courts Have Prevented The Restitution Of Nazi-Expropriated Art And Congress's Efforts To Provide A Resolution, Jillian E. Meaney

University of Florida Journal of Law & Public Policy

No abstract provided.


Don't Tax The Kids: Supporting Preschool Education Through Property Tax Exemptions, Mark A. Paige, Todd A. Demitchell Jan 2017

Don't Tax The Kids: Supporting Preschool Education Through Property Tax Exemptions, Mark A. Paige, Todd A. Demitchell

University of Florida Journal of Law & Public Policy

No abstract provided.


Multivoiced Authors, Lior Zemer Jan 2017

Multivoiced Authors, Lior Zemer

Cardozo Arts & Entertainment Law Journal

From many sources we have inherited a rich panoply of images about the "good author." The prevalent image of the good author as a unique individual who deserves a right in the works he creates and recognition for his contribution to the common stock of knowledge, occupies contemporary legal scholarship on copyright. Scholars argue that the law privileges owners with entitlements incompatible with the social nature of the creative act, and in this way disturbs the expectation that copyright law will "promote the Progress of Science and the useful Arts." In their arguments they claim that authorship is less an …


Reforming Modern Appraisal Litigation, Minor Myers, Charles R. Korsmo Jan 2017

Reforming Modern Appraisal Litigation, Minor Myers, Charles R. Korsmo

Faculty Scholarship

No abstract provided.


Financing The Benefit Corporation, Dana Brakman Reiser, Steven A. Dean Jan 2017

Financing The Benefit Corporation, Dana Brakman Reiser, Steven A. Dean

Faculty Scholarship

No abstract provided.


The Story Of Land, Christina Mulligan Jan 2017

The Story Of Land, Christina Mulligan

Faculty Scholarship

No abstract provided.


Democratizing Criminal Justice Through Contestation And Resistance, Jocelyn Simonson Jan 2017

Democratizing Criminal Justice Through Contestation And Resistance, Jocelyn Simonson

Faculty Scholarship

No abstract provided.


Working Sex Words, Anita Bernstein Jan 2017

Working Sex Words, Anita Bernstein

Faculty Scholarship

No abstract provided.


Measuring Diversity, Yuvraj Joshi Jan 2017

Measuring Diversity, Yuvraj Joshi

Faculty Scholarship

No abstract provided.