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Articles 38551 - 38580 of 545867
Full-Text Articles in Law
Analyzing How Different Abortion Informed Consent Statutes Violate Physicians’ Free Speech Rights In The Wake Of Becerra, Nia Kyritsis
Analyzing How Different Abortion Informed Consent Statutes Violate Physicians’ Free Speech Rights In The Wake Of Becerra, Nia Kyritsis
Student Works
No abstract provided.
Intentional Foul: Charging Ncaa Head Coaches For Their Role In The Ncaa Basketball Bribery Scandal Under § 666 Using The Responsible Corporate Officer Doctrine, Ilana Char
Student Works
No abstract provided.
Shortchanged: The Failures Of Digital Asset Regulation And Potential Improvements, Nicholas X. Bruscino
Shortchanged: The Failures Of Digital Asset Regulation And Potential Improvements, Nicholas X. Bruscino
Student Works
No abstract provided.
Failure To Accommodate Claim: Opening The Floodgates In The Era Of Covid-19 In Light Of The Exby-Stolley “Circuit Split”, Meghan Currie
Failure To Accommodate Claim: Opening The Floodgates In The Era Of Covid-19 In Light Of The Exby-Stolley “Circuit Split”, Meghan Currie
Student Works
No abstract provided.
Post V. Pre Arrest: A Diversionary Drug War, Angelica B. Manos
Post V. Pre Arrest: A Diversionary Drug War, Angelica B. Manos
Student Works
No abstract provided.
#Juryduty: The Use And Abuse Of Social Media Communications Among Jurors And Implications Of The Sixth Amendment, Kat Zangari
#Juryduty: The Use And Abuse Of Social Media Communications Among Jurors And Implications Of The Sixth Amendment, Kat Zangari
Student Works
No abstract provided.
From Newark’S Little Italy To Congress: How The Italian American Values Of Family, Pride, And Hard Work Influenced Congressman Peter Rodino’S Legislation, Francesca Simone
From Newark’S Little Italy To Congress: How The Italian American Values Of Family, Pride, And Hard Work Influenced Congressman Peter Rodino’S Legislation, Francesca Simone
Student Works
No abstract provided.
As Real Estate Booms, So Does Appraisal Discrimination, Estefania Pugliese-Saville
As Real Estate Booms, So Does Appraisal Discrimination, Estefania Pugliese-Saville
Student Works
No abstract provided.
Attracting Investors: How The Partnership For Global Infrastructure And Investments Can Encourage Private Investment In Low- And Middle-Income Nations Infrastructure Projects Through The Creation And Use Of Project Preparation Facilities., Donald Irons
Student Works
No abstract provided.
The Potential End To Space Diplomacy: How Biden Can Preserve It And Expand Cooperation, Padraig Delaney
The Potential End To Space Diplomacy: How Biden Can Preserve It And Expand Cooperation, Padraig Delaney
Student Works
No abstract provided.
Blockchain As A Public Ledger And Means Of Exchange: Policy Considerations, Madeline J. Diab
Blockchain As A Public Ledger And Means Of Exchange: Policy Considerations, Madeline J. Diab
Student Works
No abstract provided.
A New World Order: Amidst The Russo-Ukrainian War And An Evolving International Order, The United States Must Utilize Multilateralism To Reassert Itself As The Global Leader, Andrew Mcalister
Student Works
No abstract provided.
Time For Federal Regulation: Online Sportsbooks And The Constitution, Michael Donnelly
Time For Federal Regulation: Online Sportsbooks And The Constitution, Michael Donnelly
Student Works
No abstract provided.
Consortium For Study And Analysis Of International Law Scholarship: Foreword, Kathleen Claussen
Consortium For Study And Analysis Of International Law Scholarship: Foreword, Kathleen Claussen
Articles
No abstract provided.
Fair Value As Process: A Retrospective Reconsideration Of Delaware Appraisal, William Wilson Bratton
Fair Value As Process: A Retrospective Reconsideration Of Delaware Appraisal, William Wilson Bratton
Articles
This Article reconsiders the jurisprudence of fair value under Delaware's appraisal remedy, placing recent cases in historical perspective and offering a novel account. Its central observation is that appraisal has developed into a process jurisprudence rather than jurisprudence devoted to the articulation of an entitlement. As such it defies expectations and excites the wrath of academic commentators looking for a more conventional, rights-based evolution. There is a nominal entitlement: the cases at all times announce that shareholder dissenters may pursue going concern value (as opposed to third party sale value) as the measure of fair value. But the Delaware courts …
Bespoke, Tailored, And Off-The-Rack Bankruptcy: A Response To Professor Coordes's 'Bespoke Bankruptcy', Christopher D. Hampson
Bespoke, Tailored, And Off-The-Rack Bankruptcy: A Response To Professor Coordes's 'Bespoke Bankruptcy', Christopher D. Hampson
UF Law Faculty Publications
Toward the end of every semester that I teach bankruptcy, I let my students vote on which “non-traditional” insolvency regimes they would like to study, including municipal bankruptcy, sovereign bankruptcy, and financial institutions. What I am really trying to do is convey to the students that the default procedures and substantive rules in Chapters 7 and 11 of the U.S. Bankruptcy Code do not apply to all types of enterprises.
How Reputational Nondisclosure Agreements Fails (Or, In Praise Of Breach), Mark Fenster
How Reputational Nondisclosure Agreements Fails (Or, In Praise Of Breach), Mark Fenster
UF Law Faculty Publications
Investigative reporters and the #MeToo movement exposed the widespread use of nondisclosure agreements intended to maintain confidentiality about one or both contracting parties’ embarrassing acts. These reputational NDAs (RNDAs) have been widely condemned and addressed in the past half-decade by legislators, activists, and academics. Their exposure, often via victims’ breaches, revealed a curious and distinct dilemma for the non-breaching party whose reputation is vulnerable to disclosure. In most contracts, non-breaching parties might choose to forgo enforcement because of the cost and uncertain success of litigation and the availability of other pathways to a satisfactory resolution. Parties to a RNDA, by …
The Use Of Ai-Based Technologies In Arbitrating Trust Disputes, Lee-Ford Tritt
The Use Of Ai-Based Technologies In Arbitrating Trust Disputes, Lee-Ford Tritt
UF Law Faculty Publications
An important debate has emerged concerning the potential application of Artificial Intelligence ("AI") to the arbitration decision-making process. At issue in this debate is the proper role, if any, of AI in rendering binding decisions. Although, to date, AI is not sufficiently developed to replace human arbitrators in making binding decisions, this has not stopped academics, judges, and practitioners from engaging in heated discourse on the topic. Yet, fervent participants on both sides of this debate have confined the parameters of this discussion to arbitration generically, neglecting any application to specific disciplines of law. Insights from these discussions have limited …
State Constitutional Rights, State Courts, And The Future Of Substantive Due Process Protections, Jonathan L. Marshfield
State Constitutional Rights, State Courts, And The Future Of Substantive Due Process Protections, Jonathan L. Marshfield
UF Law Faculty Publications
By most accounts, the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization signaled a broader stagnation (and perhaps retrenchment) of federal substantive due process protections. As a result, there is now great interest in the role that state constitutions and courts might play in protecting and expanding reproductive and privacy rights. This Article aims to place this moment in state constitutional development in broader context. It makes two core claims in this regard. First, although state courts are free to interpret state constitutions as providing broader individual rights protections than those contained in the Federal Constitution, state constitutions …
A Game Theory View Of Family Law: Divorce Planning For A 500% "Family-Tax", Steven J. Willis
A Game Theory View Of Family Law: Divorce Planning For A 500% "Family-Tax", Steven J. Willis
UF Law Faculty Publications
Divorces involve money, which can prompt fierce legal battles. These include family obligations for child support, alimony, and property division. Small income changes can have huge consequences. For example, a $1,000 income increase can result in $5,000 of increased family obligations. A $10,000 increase can produce $50,000 of obligations. Or a $10,000 decrease can result in $50,000 of reduced obligations.
Cheap Speech And The Gordian Knot Of Defamation Reform, Lyrissa Barnett Lidsky
Cheap Speech And The Gordian Knot Of Defamation Reform, Lyrissa Barnett Lidsky
UF Law Faculty Publications
This article addresses the complex past and uncertain future of defamation law in order to evaluate complaints lodged against it by critics, including—most notably—U.S. Supreme Court Justices Clarence Thomas and Neil Gorsuch. The article describes how statutory and constitutional reforms have altered the legal landscape of defamation law over the past half-century and explains why the common law has played a less prominent role. The article then assesses the criticisms of Justices Thomas and Gorsuch, finding them to rest on flawed understandings of how today’s defamation law operates. After identifying barriers to reform, the article offers a prescription to modernize …
Salt Substitutes And Other Workarounds, Karen Burke
Salt Substitutes And Other Workarounds, Karen Burke
UF Law Faculty Publications
In response to the Tax Cuts and Jobs Act of 2017, many states have enacted elective entity-level passthrough taxes that allow business owners to circumvent the individual cap on deductibility of state and local taxes (SALT), reducing federal tax revenue at no cost to the states. Entity-level workarounds purport to shift state income tax liability from the owners' personal tax returns to the entity's tax return. The passthrough entity claims an uncapped ordinary business deduction for state income taxes, reducing the owners' adjusted gross income for federal tax purposes; state income tax credits roughly equal to the entity-level tax reduce …
Critical Theory & Commercial Law In The Sunshine, Christopher D. Hampson
Critical Theory & Commercial Law In The Sunshine, Christopher D. Hampson
UF Law Faculty Publications
In recent years, Florida and other states have attempted to expel critical legal theory, critical race theory, and all things “woke” from their institutions of higher education. At a time of professional cautiousness and chilled speech, this Essay aims to bring these ideas into the sunshine. I provide a rough background on critical theory and how it helps make sense of commercial law, including Contracts and Bankruptcy, two courses I teach at the University of Florida. Critical theory can help students learn how to navigate complex systems of laws, analyze the policy implications of legal rules, and represent their future …
Harsh Creditor Remedies And The Role Of The Redeemer, Christopher D. Hampson
Harsh Creditor Remedies And The Role Of The Redeemer, Christopher D. Hampson
UF Law Faculty Publications
The concept of the judgment-proof or collection-proof debtor is fundamental to our understanding of civil law and of what distinguishes it from criminal law. But when civil creditors can threaten unduly harsh or cruel debt collection measures (whether legally or not), they extend their reach into the pockets of those whom this Article calls “redeemers,” third parties with a familial or quasi-familial relationship to civil debtors who have reason to pay on their behalf. This Article examines four such measures—imprisonment, homelessness, destitution, and deportation—remedies that sound like they come from another time and place, but which are threatened by some …
Authorbots, Derek E. Bambauer, Mihai Surdeanu
Authorbots, Derek E. Bambauer, Mihai Surdeanu
UF Law Faculty Publications
ChatGPT has exploded into the popular consciousness in recent months, and the hype and concerns about the program have only grown louder with the release of GPT-4, a more powerful version of the software. Its deployment, including with applications such as Microsoft Office, has raised questions about whether the developers or distributors of code that includes ChatGPT, or similar generative pre-trained transformers, could face liability for tort claims such as defamation or false light. One important potential barrier to these claims is the immunity con-ferred by 47 U.S.C. § 230, popularly known as “Section 230.” In this Essay, we make …
Is Silence Golden?, Tracey Maclin
Is Silence Golden?, Tracey Maclin
UF Law Faculty Publications
Absolute constitutional rights are rare—even the venerable rights of free speech and freedom of religion are not absolute. In criminal prosecutions, the Sixth Amendment’s right to counsel has been described as the most important of all rights because it affects a defendant’s ability to assert his or her other rights. But the right to counsel is not unlimited.
Yet one right is absolute. A criminal defendant has an absolute right not to testify in his own criminal trial. The text of the Self-Incrimination Clause of the Fifth Amendment—“no person . . . shall be compelled in any criminal case to …
White-Collar Courts, Merritt E. Mcalister
White-Collar Courts, Merritt E. Mcalister
UF Law Faculty Publications
Article III courts are white-collar courts. They are, scholars have said, “special.” They sit atop the judicial hierarchy, and they are the courts of the one percent. We inculcate that sense of specialness in a variety of ways: federal courts are courts of limited jurisdiction; they are the subject of a (perhaps overrated) class in law school; we privilege clerkships with federal judges more than with state-court judges; and we focus more scholarly attention on federal courts than state courts. They are, in short, the courts of the elite—jurisdictionally, doctrinally, and socially. Perhaps the singular importance of federal courts was …
The Irrelevance Of Delaware Corporate Law, Robert J. Rhee
The Irrelevance Of Delaware Corporate Law, Robert J. Rhee
UF Law Faculty Publications
Delaware corporation law is dominant in America. If the effects of efficient rules are incorporated as information by an efficient capital market, the preferred choice of Delaware could evince the deliberate selection of better laws. Superior law as a product of state competition is the central argument for corporate law federalism. Despite the spirited debate on the race to the bottom or the top, a recognition of a “Delaware premium” to firm value is scant. This article conducts a longitudinal study of valuations. It analyzes the market values and stock prices of public Fortune 500 companies over the five-year period …
Business-Entity Charitable Workarounds, Karen Burke
Business-Entity Charitable Workarounds, Karen Burke
UF Law Faculty Publications
In 2017 Congress enacted a controversial $10,000 cap on individual deductions for state and local taxes. States initially responded by enacting charitable workarounds which invited individual taxpayers to convert capped § 164 deductions for state income taxes into uncapped § 170 deductions for contributions to charitable organizations in exchange for state income tax credits that reduced or eliminated state tax liability. Final regulations under § 170 shut down the tax shelter by treating state tax credits received in exchange for charitable payments as a quid pro quo, reducing or eliminating any charitable deduction. In 2020, acceding to pressure from business …
Bottom-Rung Appeals, Merritt E. Mcalister
Bottom-Rung Appeals, Merritt E. Mcalister
UF Law Faculty Publications
There are haves and have-nots in the federal appellate courts, and the haves get more attention. For decades the courts have used a triage regime where they distribute judicial attention selectively: some appeals receive a lot of judicial attention, some appeals receive barely any. What this work unearths is that this triage system produces demonstrably unequal results depending on the circuit handling the appeal and whether the appellant has counsel or not. Together, these two factors produce dramatic disparities: in one circuit, for example, an unrepresented appellant receives, on average, a decision less than a tenth the length of a …