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Full-Text Articles in Law

Summary Judgment In Florida: The Road Less Traveled, Leonard D. Pertnoy Jan 2007

Summary Judgment In Florida: The Road Less Traveled, Leonard D. Pertnoy

St. Thomas Law Review

This article will first explore the origins of summary judgment in the Florida courts. Next, the Holl v. Talcot standard (the "Holl standard") shall be discussed. The discussion then turns to arguments in favor of maintaining the Holl standard, including the great costs which arise by the application of the standard, and ultimately, a discussion debunking those arguments. Finally, partial summary judgment shall be discussed, introducing its potential to assist the practitioner in achieving, in part, progress towards a more predictable and useful summary judgment process. The overriding conclusions of this project are as follows: 1) the Florida Supreme Court …


Confessions Of A Self-Study Coordinator: A Guide For The Perplexed, Daniel Gordon Jan 2007

Confessions Of A Self-Study Coordinator: A Guide For The Perplexed, Daniel Gordon

St. Thomas Law Review

The author of this article remained addicted to Westerns on television and in theaters as a child during the 1950s. He remembers a recurring image in the Westerns of that era: a couple of unshaven townspeople sitting on a rustic wooden bench outside the sheriff's office with their faces partially covered by cowboy hats as they slept slumping in a sitting position on the bench. When the sheriff left or entered his office, one or more of these people might lift his or their hats and open one eye greeting the sheriff with a "howdy sheriff." In August, 2003, at …


Lessons From Florida: Swing Low, Sweet Chariot, Michael Flynn Jan 2007

Lessons From Florida: Swing Low, Sweet Chariot, Michael Flynn

St. Thomas Law Review

Bev and Jim have so much to be thankful for. You see, their youngest daughter, Samantha, was born with Turner's syndrome. Turner's syndrome, without getting too medically complicated, sentences a child to a life of being too short.' The prospect for Samantha to be in the normal range of height was not good. Bev and Jim then turned to the Human Growth Foundation for help. Through the work of this Foundation and the extraordinary commitment of these parents to the Foundation and their child, Samantha was able to receive human growth hormone injections. These injections coupled with other treatment have …


Minority Groups And Intimate Partner Violence: A Selected Annotated Bibliography, Raquel J. Gabriel Jan 2007

Minority Groups And Intimate Partner Violence: A Selected Annotated Bibliography, Raquel J. Gabriel

St. Thomas Law Review

This bibliography is designed to be an introduction to the topic of domestic/intimate partner violence within the broad definition of those traditionally identified as "minority groups." Towards that end, the selected annotations cover African American, Asian, Disabled, Immigrant, Latina, and Native American populations. It is intended to be of use to the researcher who will be working with any or all of these populations, and who has little or no previous exposure to the additional challenges a member of a minority group may encounter as a victim of intimate partner violence.


Reflecting On Negligence Law And The Catholic Experience: Comparing Apples And Elephants, Randy Lee Jan 2007

Reflecting On Negligence Law And The Catholic Experience: Comparing Apples And Elephants, Randy Lee

St. Thomas Law Review

At the conclusion of a popular film, a bride's father observes that even between apples and oranges, there is common ground; after all, as different as apples and oranges may be, they are both fruit. Similarly, one might begin the enterprise of comparing torts and Catholicism by expecting to find at least some common ground because despite their differences, they are both law. In functioning as such, both claim to guide people to modes of better behavior, and both are communicated in languages that speak of justice and mercy, good and bad, right and wrong, and even final judgments. Under …


Sanchez-Llamas V. Oregon: A Missed Opportunity In Treaty Interpretation, Steven G. Stransky Jan 2007

Sanchez-Llamas V. Oregon: A Missed Opportunity In Treaty Interpretation, Steven G. Stransky

St. Thomas Law Review

This note will explore the Vienna Convention and determine through a systematic approach to treaty interpretation whether the VCCR creates judicially enforceable rights. Part II will present a background of the Vienna Convention, and will discuss how this treaty has previously been interpreted by the Supreme Court of the United States and the International Court of Justice ("ICJ"). Part III will provide a statement of the facts, the procedural history, and the Supreme Court's holding in Sanchez-Llamas. Part IV will analyze the Vienna Convention's text, the Executive Branch's interpretation of the treaty, the travaux preparatoires, the VCCR's ratification process, and …


The First Amendment And State Regulation Of In-Person Solicitation Of Public Accounting Services, Damaris Rosich-Schwartz Jan 2007

The First Amendment And State Regulation Of In-Person Solicitation Of Public Accounting Services, Damaris Rosich-Schwartz

St. Thomas Law Review

This article will discuss the history of the commercial speech doctrine as part of the First Amendment, its past and present protection, and the current test applied to state regulation of commercial speech, concentrating on state regulation of in-person solicitations of professionals, like attorneys and CPAs. This article will further discuss the reasons why an attorney's in-person solicitations can and should be regulated by the states, and why the same reasons apply to CPAs. Additionally, this article will discuss the United States Supreme Court's 1993 decision, Edenfield v. Fane, where the Court held that states cannot regulate in-person solicitations of …


Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour Jan 2007

Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble Jan 2007

Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble

ILSA Journal of International & Comparative Law

International law teaching combines the worst aspects of sex and the weather. Everyone thinks they are an expert; they complain about problems but do nothing to improve the situation.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2007

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Epidemiology 101: An Overview Of Epidemiology And Its Relevance To U.S. Law, Richard A. Goodman Jan 2007

Epidemiology 101: An Overview Of Epidemiology And Its Relevance To U.S. Law, Richard A. Goodman

Journal of Health Care Law and Policy

No abstract provided.


Three Concepts Of The Independent Director, Donald C. Clarke Jan 2007

Three Concepts Of The Independent Director, Donald C. Clarke

GW Law Faculty Publications & Other Works

Despite the surprisingly shaky support in empirical research for the value of independent directors, their desirability seems to be taken for granted in policy-making circles. Yet important elements of the concept of and rationale for independent directors remain curiously obscure and unexamined. As a result, the empirical findings we do have may be misapplied, and judicial gap-filling may be harder than imagined when legislative intent cannot be divined or is contradictory.

This article attempts to unpack the concept broadly understood by the term independent director and to distinguish among its various concrete manifestations. In particular, I discuss the critical differences …


Law And Society Approaches To Cyberspace, Paul Schiff Berman Jan 2007

Law And Society Approaches To Cyberspace, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This is the introductory essay to an edited collection titled Law and Society Approaches to Cyberspace and published by Ashgate Publishing. Accordingly, the essay first considers what qualifies as a law and society approach to any particular subject. Then, I address questions about what it means to study cyberspace, surveying some of the academic literature on the subject and identifying three distinct waves of scholarship about the Internet since the mid 1990s. I also discuss some of the major theoretical fault lines that have emerged during this period. Finally, the essay summarizes each of the contributions to the volume, which …


Front Matter Jan 2007

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 19, Issue 3, Spring 2007.


The American Government: Cuba's Best Marketer For Its Cohiba, Kristina Maranges Jan 2007

The American Government: Cuba's Best Marketer For Its Cohiba, Kristina Maranges

St. Thomas Law Review

In early 2006, the United States Government indicted five men from South Florida for the conspiracy to traffic and the intentional trafficking of counterfeit cigars under the federal Counterfeit Trademark Act. The indictments allegedly protect cigar trademarks of American and international companies registered with the United States Patent and Trademark Office. However, the indictments are mere furtive attempts by the Government to protect the property rights of the true owners of the marks, a Spanish corporation, Altadis, S.A., which happens to be the world's leading cigar manufacturer and part owner of Habanos, S.A., a Cuban cigar manufacturer owned by the …


Reconciling The Public Policy Exception To Enforcing Contracts With Title Vii's Public Policy On Disciplining Harassers, Stephen Plass Jan 2007

Reconciling The Public Policy Exception To Enforcing Contracts With Title Vii's Public Policy On Disciplining Harassers, Stephen Plass

St. Thomas Law Review

This article looks at the evolution of the public policy doctrine and its effects on Title VII when unionized employees are dismissed for harassment. Some writers have questioned whether the Court eliminated the public policy exception by defining it so narrowly. But, the focus of commentary has been on the effects of the Eastern decision in the traditional collective bargaining context where the need to limit judicial involvement is great. However, the public policy doctrine's impact is no longer limited to traditional contract issues that are unregulated. As a result, the doctrine's impact on the operation and goals of Title …


Letter From The Editor, Michael Delgado Jan 2007

Letter From The Editor, Michael Delgado

St. Thomas Law Review

No abstract provided.


Front Matter Jan 2007

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 20, Issue 1, Fall 2007.


Regulating Human Tissue Banks, Laura A. Buck Jan 2007

Regulating Human Tissue Banks, Laura A. Buck

St. Thomas Law Review

This paper will give a general overview of the tissue bank industry from its beginnings to the present day. It will address the regulations promulgated by the FDA, laws enacted by states, and the guidance provided by the American Association of Tissue Banks. Finally, it will discuss and suggest further regulations and standards that are needed as the industry grows.


Avoiding Harm Otherwise: Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret E. Johnson Jan 2007

Avoiding Harm Otherwise: Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret E. Johnson

All Faculty Scholarship

This article concerns the concepts of employee harm and harm avoidance within the liability framework for hostile work environment sexual harassment by a supervisor. Whether an employer is liable for supervisor sexual harassment depends in part on whether or not the employee avoids her harm or mitigates her damages resulting from the sexual harassment. Despite the law's interest in employee's harm avoidance, courts have failed to fully explore the vast array of harms resulting from sexual harassment and the variety of ways in which an employee avoids these multiple harms. This article reframes the legal discussion of an employee's actions …


Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben Jan 2007

Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben

Scholarly Works

Empirical studies serve to enlighten the law, even when they simply confirm the wisdom of existing rules. Chris Guthrie's article, Misjudging, primarily serves that useful function—confirming the wisdom of existing rules—even though the author sought to establish something different. Guthrie's article applies insights from cognitive psychology to the resolution of legal disputes and presents some empirical proof of the effect of the application. He concludes that three sets of “blinders”—informational, cognitive, and attitudinal—affect the ability of judges to reach correct resolutions of disputes. He therefore recommends further appreciation of the ability of arbitration and mediation to avoid some of the …


Book Review: "Law And The Brain", Stacey A. Tovino Jan 2007

Book Review: "Law And The Brain", Stacey A. Tovino

Scholarly Works

Edited by Semir Zeki and Oliver Goodenough, Law and the Brain is a wonderful collection of fourteen essays that examine a range of topics at the intersection of law and neurobiology. Although neurotransdiscipline texts, collections, and journal symposia abound, what makes Law and the Brain so special is its focus on the special challenges raised by the neuroscience-policy interface. These challenges flow from basic differences in the orientation of the brain and brain science, on the one hand, and the law on the other hand.


Of Fine Lines, Blunt Instruments, And Half-Truths: Business Acquisition Agreements And The Right To Lie, Jeffrey M. Lipshaw Jan 2007

Of Fine Lines, Blunt Instruments, And Half-Truths: Business Acquisition Agreements And The Right To Lie, Jeffrey M. Lipshaw

Suffolk University Law School Faculty Works

In this article, I expand upon a happy coincidence (for scholars) in reconciling the overlap between contract and fraud. Both the recent book by Ian Ayres and Gregory Klass and the opinion by the Delaware Court of Chancery in Abry Partners Acquisition V, L.P. v. F & W Acquisition, LLC addressed the matter of lies within contractual promises, whether as to the promisor's intention to perform or as to the state of the business being sold. Each treatment, however, in focusing on fraudulent affirmative representations, falls short of (1) recognizing the fundamental aspect of deceptive promising in a complex deal, …


The Duty To Disclose Patent Rights, Richard M. Lebovitz Jan 2007

The Duty To Disclose Patent Rights, Richard M. Lebovitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia Sanchez Abril Jan 2007

A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia Sanchez Abril

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart Jan 2007

Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera Jan 2007

Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D. Jan 2007

Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D.

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck Jan 2007

Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz Jan 2007

Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.