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Full-Text Articles in Law

Breaking The Binary: A Blueprint For Transgender Inmate Housing Policies, Megan Weitekamp Jan 2024

Breaking The Binary: A Blueprint For Transgender Inmate Housing Policies, Megan Weitekamp

Student Works

No abstract provided.


Rolling The Dice On Tribal Sovereignty, Emily Nicole Ells Arezzi Jan 2024

Rolling The Dice On Tribal Sovereignty, Emily Nicole Ells Arezzi

Student Works

No abstract provided.


On The Future Of Wall Street’S Crystal Ball: How The Sec’S Proposed Conflicts Rule Affects The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, Antonio Dimeglio Jan 2024

On The Future Of Wall Street’S Crystal Ball: How The Sec’S Proposed Conflicts Rule Affects The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, Antonio Dimeglio

Student Works

No abstract provided.


Price, Precedent, And Pharma: The Inflation Reduction Act's Constitutional And Pragmatic Dilemmas In The New Drug Pricing Scheme, Jinny (Ji Yoon) Lim Jan 2024

Price, Precedent, And Pharma: The Inflation Reduction Act's Constitutional And Pragmatic Dilemmas In The New Drug Pricing Scheme, Jinny (Ji Yoon) Lim

Student Works

No abstract provided.


Privacy Is The Price To Pay To Be A College Athlete: Drug Testing & Mandatory Consent To Information Disclosures Revisited After Alston, Alexa Sjolund Jan 2024

Privacy Is The Price To Pay To Be A College Athlete: Drug Testing & Mandatory Consent To Information Disclosures Revisited After Alston, Alexa Sjolund

Student Works

No abstract provided.


Athletic Donors’ Control Over The Future Of Collegiate Athletics, Matthew Thomas Gelder Jan 2024

Athletic Donors’ Control Over The Future Of Collegiate Athletics, Matthew Thomas Gelder

Student Works

No abstract provided.


Esports, A New Age Brand Of College Sports: An In-Depth Look At The Gambling Beneath Esports, Ryan Geary Jan 2024

Esports, A New Age Brand Of College Sports: An In-Depth Look At The Gambling Beneath Esports, Ryan Geary

Student Works

No abstract provided.


If You Ban It, They Will Come: Addressing America’S Deficient Housing Supply Through Single-Family Zoning Reform, Emily Arezzi Jan 2024

If You Ban It, They Will Come: Addressing America’S Deficient Housing Supply Through Single-Family Zoning Reform, Emily Arezzi

Student Works

No abstract provided.


Reaching For Resources That Are Out Of This World: Outer Space Resources As The Common Heritage Of Humankind, Sydney Binkley Jan 2024

Reaching For Resources That Are Out Of This World: Outer Space Resources As The Common Heritage Of Humankind, Sydney Binkley

Student Works

No abstract provided.


S2udents Left Behind: How New Jersey’S Amended Public School Funding Legislation Failed To Provide All Students With A Thorough And Efficient Public School Education, Robert Aronson Jan 2024

S2udents Left Behind: How New Jersey’S Amended Public School Funding Legislation Failed To Provide All Students With A Thorough And Efficient Public School Education, Robert Aronson

Student Works

No abstract provided.


Personal Jurisdiction Doctrine Arising Out Of Bristol-Myers Squibb And Ford: The Death Of The Flsa Collective Action?, Santo Tiralosi Jan 2024

Personal Jurisdiction Doctrine Arising Out Of Bristol-Myers Squibb And Ford: The Death Of The Flsa Collective Action?, Santo Tiralosi

Student Works

No abstract provided.


Lend A [Second]Hand To Luxury Fashion: The Need To Clarify The First Sale Doctrine And Establish A Threshold For The Materially Different Exception, Claire M. Midili Jan 2024

Lend A [Second]Hand To Luxury Fashion: The Need To Clarify The First Sale Doctrine And Establish A Threshold For The Materially Different Exception, Claire M. Midili

Student Works

No abstract provided.


A “Special” Solution For Antitrust’S Big Tech Problem, Joshua Murphy Jan 2024

A “Special” Solution For Antitrust’S Big Tech Problem, Joshua Murphy

Student Works

No abstract provided.


Eliding Consent In The Case Of Pandemic Countermeasures Authorized Only For Emergency Use, Lars Noah Jan 2024

Eliding Consent In The Case Of Pandemic Countermeasures Authorized Only For Emergency Use, Lars Noah

UF Law Faculty Publications

Four months after the first vaccines against Covid-19 became available to the public, and just as some universities announced plans to require inoculations, the Boston Globe quoted me as (alone) suggesting that mandates would conflict with federal law. When Congress created a special mechanism for the emergency use of still investigational products, it directed providers to reveal, among other things, that individuals remained free to decline such an intervention; only after full FDA approval of a medical countermeasure would this disclosure obligation become inapplicable. I have watched with dismay over the last three years as nearly everyone—including Executive branch officials, …


"Major Questions" Malarkey: An Arbitrary And Capricious New Doctrine For Vetoing Controversial Agency Rules, Lars Noah Jan 2024

"Major Questions" Malarkey: An Arbitrary And Capricious New Doctrine For Vetoing Controversial Agency Rules, Lars Noah

UF Law Faculty Publications

In 2022, in West Virginia v. EPA, the U.S. Supreme Court officially adopted the “major questions” doctrine. Commentators have already spilled plenty of ink trying to make sense of what this might portend, but so far seemingly everyone has accepted at face value the Court’s framing of the issue that it confronted in that case. This symposium contribution offers a slightly different perspective on the decision and suggests that closer attention to the precise nature of the question posed therein might reveal a distinctive flaw at the heart of the majority’s newfangled clear statement rule—it only sows confusion to …


Does Federal Preemption Inoculate Us Against The Alarming Prospect Of State Vaccine Bans?, Lars Noah Jan 2024

Does Federal Preemption Inoculate Us Against The Alarming Prospect Of State Vaccine Bans?, Lars Noah

UF Law Faculty Publications

With growing resistance to vaccinations-premised, for instance, on misplaced fears of side effects or religious objections-it takes little effort to imagine that a state might act to prohibit some or all uses of a particular vaccine licensed by the federal government. Indeed, one year ago, legislators in a couple of states toyed with the idea of banning the primary vaccines against Covid-19, and, twenty years ago, half a dozen states effectively barred certain uses of one flu vaccine formulation. Although federal law should preempt at least some of these types of state restrictions, the Supremacy Clause of the U.S. Constitution …


Preempting Red State Restrictions On The Use Of Fda-Approved Drugs In Gender-Affirming Care?, Lars Noah Jan 2024

Preempting Red State Restrictions On The Use Of Fda-Approved Drugs In Gender-Affirming Care?, Lars Noah

UF Law Faculty Publications

Some observers recently have wondered whether actions by the U.S. Food and Drug Administration (“FDA”) could federally preempt increasingly common state restrictions on gender-affirming care, particularly prohibitions on the use of puberty blockers and cross-sex hormones in adolescent patients. In theory, such a legal strategy might sidestep the need to lodge increasingly unsuccessful challenges under the Fourteenth Amendment. The Supremacy Clause offers little assistance, however, in attempting to get around these state laws. Indeed, even if the FDA eventually approved such uses for currently marketed drugs, implied preemption doctrine as currently configured probably would not do the trick, though securing …


The Multitudinous Racial Harms Caused By Florida's Anti-Dei And "Stop Woke" Laws, Katheryn Russell-Brown Jan 2024

The Multitudinous Racial Harms Caused By Florida's Anti-Dei And "Stop Woke" Laws, Katheryn Russell-Brown

UF Law Faculty Publications

Since 2021, Florida has passed legislation that radically redefines how educators address race-related topics in the university classroom. Two laws in particular, House Bill 7 (HB 7 or the "Stop WOKE Act") and Senate Bill 266 (SB 266), which outlaws diversity, equity, and inclusion (DEI) programs at Florida universities, have led the charge. The goals of this Article are three-fold. First, to demonstrate how HB 7 and SB 266 have created a devasting and powerful educational force in Florida, a force that diminishes and punishes certain forms of racial discussion and inquiry in the college classroom. Second, to show the …


Ai, Artists, And Anti-Moral Rights, Derek E. Bambauer, Robert W. Woods Jan 2024

Ai, Artists, And Anti-Moral Rights, Derek E. Bambauer, Robert W. Woods

UF Law Faculty Publications

Generative artificial intelligence (AI) tools are increasingly used to imitate the distinctive characteristics of famous artists, such as their voice, likeness, and style. In response, legislators have introduced bills in Congress that would confer moral rights protections, such as control over attribution and integrity, upon artists. This Essay argues such measures are almost certain to fail because of deep-seated, pervasive hostility to moral rights measures in U.S. intellectual property law. It analyses both legislative measures and judicial decisions that roll back moral rights, and explores how copyright’s authorship doctrines manifest a latent hostility to these entitlements. The Essay concludes with …


Battling The Form: A Front-End Approach To Default-Use Noncompetes, Rachel Arnow-Richman Jan 2024

Battling The Form: A Front-End Approach To Default-Use Noncompetes, Rachel Arnow-Richman

UF Law Faculty Publications

A growing consensus holds that employer overuse of noncompete agreements adversely affects workers and the economy. But there is little agreement on how best to regulate these instruments. States have experimented with an array of idiosyncratic reforms that capture the most egregious misuses, while the Federal Trade Commission (FTC), has issued an outright ban that would prohibit all employee noncompetes and comparable instruments nationwide.

This Article argues that any effective reform strategy must target what it terms “default-use” noncompetes—boilerplate restraints imposed by employers as a matter of course without close consideration of their underlying justification. Some unlawful noncompetes are clearly …


How To Get The Property Out Of Privacy Law, Jane R. Bambauer Jan 2024

How To Get The Property Out Of Privacy Law, Jane R. Bambauer

UF Law Faculty Publications

For the last ten years, American rhetoric and state lawmaking has attempted to provide consumers with greater and stickier property interest in their personal information. But the impracticalities of the sticky property model are becoming evident, and will be impossible to ignore as AI becomes more prevalent and useful. This Article critiques the property framework in privacy law, and explains how a risk-based approach can be modernized and implemented instead. An enduring system of privacy laws will manage risks rather than bestowing rights to control and delete information. To do this, data practices should be categorized into safe harbor practices …


A Roadmap To Nil And Taxation, Doron Narotzki, Yariv Brauner Jan 2024

A Roadmap To Nil And Taxation, Doron Narotzki, Yariv Brauner

UF Law Faculty Publications

The landscape of college sports has dramatically changed in recent years. What was once considered a place for amateur athletes pursuing education now partially mirrors, at least for some student-athletes, the structure and financial dynamics of professional leagues such as the NFL, NBA, and MLB. However, the collegiate sports ecosystem still remains distinct, shaped by unique regulatory frameworks governed by the NCAA. This article reviews and analyses the implications of these changes, and focuses on the tax considerations surrounding Name, Image, and Likeness (NIL) rights and how the evolving nature of college sports also presents certain tax implications, some of …


Fda Regulation Of Physicians' Professional Speech, Barbara J. Evans Jan 2024

Fda Regulation Of Physicians' Professional Speech, Barbara J. Evans

UF Law Faculty Publications

The First Amendment to the U.S. Constitution constrains FDA’s power to impose content-based restrictions on physicians’ professional speech – that is, on the expert medical advice licensed physicians render to patients during clinical treatment encounters. In 2022, the U.S. Food and Drug Administration (FDA) clarified its plans to regulate clinical decision support (CDS) software by publishing a final guidance document. CDS tools process patient-specific health information along with various other sources of medical knowledge – such as clinical practice guidelines, drug labeling information, insights from published medical literature, or fresh insights gleaned by an artificial intelligence/machine learning (AI/ML) algorithm imbedded …


First Amendment Disequilibrium, Christina Koningisor, Lyrissa Barnett Lidsky Jan 2024

First Amendment Disequilibrium, Christina Koningisor, Lyrissa Barnett Lidsky

UF Law Faculty Publications

The Supreme Court has constructed key parts of First Amendment law around two underlying assumptions. The first is that the press is a powerful actor capable of obtaining government information and checking government power. The second is that the executive branch is bound by various internal and external constraints that limit its ability to keep information secret. Judges and legislators have long assumed that these twin forces—an emboldened press and a constrained executive—maintain a rough balance between the press’s desire to uncover secrets and the executive’s desire to keep information hidden. Landmark First Amendment cases such as the Pentagon Papers …


Discretionary Investing By 'Passive' S&P 500 Funds, Peter Molk, Adriana Z. Robertson Jan 2024

Discretionary Investing By 'Passive' S&P 500 Funds, Peter Molk, Adriana Z. Robertson

UF Law Faculty Publications

So-called passive index funds—investment funds that are designed to track a pre-specified underlying index—have become a dominant force in the investing landscape, collectively controlling over $12 trillion in assets. It is widely assumed that these funds are obligated to follow their underlying index, and that fund managers cannot, or do not, select portfolios that deviate from that of the index. As a result, various critics have attacked these funds, including raising concerns about their corporate governance incentives to fears about their influence on market efficiency.

We show that this assumption is overly simplistic both as a matter of law and …


Defamation, Bankruptcy & The First Amendment, Christopher D. Hampson Jan 2024

Defamation, Bankruptcy & The First Amendment, Christopher D. Hampson

UF Law Faculty Publications

In recent years, a series of high-profile defamation cases has wound up in bankruptcy court, involving such colorful characters as Rudy Giuliani, Alex Jones, and Cardi B. As demands and verdicts swell with the rise of social media in a polarized age, defamation defendants are filing bankruptcy more frequently and at earlier stages of litigation. But that doesn’t mean bankruptcy is a magic wand for waving away debt. To the contrary, much defamation debt may be nondischargeable as “willful and malicious” under section 523 of the Bankruptcy Code. Of course, consumer bankruptcy attorneys are all too familiar with bankruptcy’s discharge …


Conducting Research With Highly Portable Mri In Community Settings: A Practical Guide To Navigating Ethical Issues And Elsi Checklist, Francis X. Shen, Susan M. Wolf, Frances P. Lawrenz, Donnella S. Comeau, Barbara J. Evans, Damien A. Fair, Martha J. Farah, Michael Garwood, Duke Han, Judy Illes, Jonathan D. Jackson, Eran Klein, Matthew S. Rosen, Efraín Torres, Paul Tuite, J. Thomas Vaughan Jan 2024

Conducting Research With Highly Portable Mri In Community Settings: A Practical Guide To Navigating Ethical Issues And Elsi Checklist, Francis X. Shen, Susan M. Wolf, Frances P. Lawrenz, Donnella S. Comeau, Barbara J. Evans, Damien A. Fair, Martha J. Farah, Michael Garwood, Duke Han, Judy Illes, Jonathan D. Jackson, Eran Klein, Matthew S. Rosen, Efraín Torres, Paul Tuite, J. Thomas Vaughan

UF Law Faculty Publications

Highly portable and accessible MRI technology will allow researchers to conduct field-based MRI research in community settings. Previous guidance for researchers working with fixed MRI does not address the novel ethical, legal, and societal issues (ELSI) of portable MRI (pMRI). Our interdisciplinary Working Group (WG) previously identified 15 core ELSI challenges associated with pMRI research and recommended solutions. In this article, we distill those detailed recommendations into a Portable MRI Research ELSI Checklist that offers practical operational guidance for researchers contemplating using this technology.


Ethical Oversight And Social Licensing Of Portable Mri Research, Barbara J. Evans Jan 2024

Ethical Oversight And Social Licensing Of Portable Mri Research, Barbara J. Evans

UF Law Faculty Publications

This article explores two questions: (1) whether portable MRI research might escape regulatory oversight altogether under existing U.S. privacy and research ethical frameworks, leaving research participants without adequate protections, and (2) whether existing regulatory frameworks, when they do apply, can guard society’s broader interest in ensuring that portable MRI research pursues socially beneficial, ethically sound aims that minimize the potential for externalities affecting nonparticipating individuals and groups, who might be stigmatized or otherwise harmed even if they decline participation in the research.


The Uniform Restrictive Agreement Act In A Vast Sea Of Strange Reform: An Introduction, Rachel Arnow-Richman Jan 2024

The Uniform Restrictive Agreement Act In A Vast Sea Of Strange Reform: An Introduction, Rachel Arnow-Richman

UF Law Faculty Publications

No abstract provided.


From Margins To Center: Elevating The Voices Of Disadvantaged Families In Child Welfare, Jerron R. Wheeler Jan 2024

From Margins To Center: Elevating The Voices Of Disadvantaged Families In Child Welfare, Jerron R. Wheeler

UF Law Faculty Publications

This essay sheds light on the systemic challenges faced by indigent, minority families within the child welfare system, using personal experiences from my time as a student at the University of Florida Levin College of Law as a lens. This essay aims to highlight the intersection of poverty, race, and the child welfare system, showing how these factors can hinder parents' ability to reunite with their children despite their best efforts. The essay seeks to underscore the urgent need for a more nuanced, multidisciplinary approach to child welfare advocacy that includes legal professionals, social workers, and health professionals working collaboratively …