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Articles 1051 - 1080 of 1675
Full-Text Articles in Law and Society
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Faculty Scholarship
Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …
Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear
Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear
Pepperdine Law Review
No abstract provided.
Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris
Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris
Pepperdine Law Review
No abstract provided.
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Lisa PytlikZillig Publications
Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …
Can A Pluralistic Commonwealth Endure?, Brian Mccall
Can A Pluralistic Commonwealth Endure?, Brian Mccall
Faculty Articles
This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.
A Child Is Not A Commodity: Stopping Domestic Child Sex Trafficking, Michelle Tomes
A Child Is Not A Commodity: Stopping Domestic Child Sex Trafficking, Michelle Tomes
University of Florida Journal of Law & Public Policy
No abstract provided.
Sentencing And Punishment: The Missed Opportunity For A Categorical Rule Against Life Without The Possibility Of Parole For Juveniles, Kevin Miller
University of Florida Journal of Law & Public Policy
No abstract provided.
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl
Lisa PytlikZillig Publications
Despite its increasing importance for sustainability, building widespread competency in the basic principles of climate literacy among the United States general public is a great challenge. This article describes the methods and results of a public engagement approach to planning climate change education in the Central Great Plains of the United States. Our approach incorporated contextual and lay expertise approaches to public engagement with a focus on supporting the self-determination of the specific stakeholder groups–rural producers, educators, and community members. An integration of results from the focus groups reveal that our approach was received positively and elicited a number of …
Where Do The Prophets Stand?: Hamdi, Myth And The Master's Tools, Linda H. Edwards
Where Do The Prophets Stand?: Hamdi, Myth And The Master's Tools, Linda H. Edwards
Scholarly Works
No abstract provided.
Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek
Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek
Articles & Chapters
This article offers a comparative framework for studying why and how law is mobilized to advance justice claims by marginalized groups in Asia. In it, we build upon a series of collaborative exchanges between practitioners and scholars on the role of social justice lawyers in eleven Asian countries: Bangladesh, China, India, Indonesia, Malaysia, Mongolia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Based on lessons from this collaboration, we suggest that one way to understand variation in the type and scope of legal mobilization for the politically weak is in relation to two important domestic factors: political openness and autonomy of law. …
Emerging Issues In Media And Communications Law, Craig D. Feiser
Emerging Issues In Media And Communications Law, Craig D. Feiser
University of Florida Journal of Law & Public Policy
No abstract provided.
A False Choice: Prior Restraint And Subsequent Punishment In A Wikileaks World, Alexander E. Blanchard
A False Choice: Prior Restraint And Subsequent Punishment In A Wikileaks World, Alexander E. Blanchard
University of Florida Journal of Law & Public Policy
No abstract provided.
Lifting The Dover Ban: The Compromise On Press Access To Fallen Soldiers Returning From War, Jason Zenor
Lifting The Dover Ban: The Compromise On Press Access To Fallen Soldiers Returning From War, Jason Zenor
University of Florida Journal of Law & Public Policy
No abstract provided.
The "Friend"Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation, Nicola A. Boothe-Perry
The "Friend"Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation, Nicola A. Boothe-Perry
University of Florida Journal of Law & Public Policy
No abstract provided.
Milwaukee Radio Public File Data, 1998-2011: An Empirical Analysis Of Issue Advertising After The Bcra And Citizens United, Christopher Terry, Mitchell Bard
Milwaukee Radio Public File Data, 1998-2011: An Empirical Analysis Of Issue Advertising After The Bcra And Citizens United, Christopher Terry, Mitchell Bard
University of Florida Journal of Law & Public Policy
No abstract provided.
There Is No App For That: The Need For Legal Educators And Practitioners To Comply With Ethical Standards In The Digital Era, Katerina P. Lewinbuk
There Is No App For That: The Need For Legal Educators And Practitioners To Comply With Ethical Standards In The Digital Era, Katerina P. Lewinbuk
University of Florida Journal of Law & Public Policy
No abstract provided.
Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures, Daniel Thomas Pesciotta
Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures, Daniel Thomas Pesciotta
University of Florida Journal of Law & Public Policy
No abstract provided.
Exacerbating The Divide: Why The Roberts Court's Recent Same-Sex Jurisprudence Is An Improvident Use Of The Court's Judicial Review Powers, Mohamed Akram Faizer
Exacerbating The Divide: Why The Roberts Court's Recent Same-Sex Jurisprudence Is An Improvident Use Of The Court's Judicial Review Powers, Mohamed Akram Faizer
University of Florida Journal of Law & Public Policy
No abstract provided.
Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne R. Barnes
Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne R. Barnes
University of Florida Journal of Law & Public Policy
No abstract provided.
Preserving Miami: An Evaluation Of Miami's Transferable Development Rights Program, Alexis Leventhal
Preserving Miami: An Evaluation Of Miami's Transferable Development Rights Program, Alexis Leventhal
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitional Law: Redefining A "Search" Within The Meaning Of The Fourth Amendment, Vanessa Madrid
Constitional Law: Redefining A "Search" Within The Meaning Of The Fourth Amendment, Vanessa Madrid
University of Florida Journal of Law & Public Policy
No abstract provided.
Rebooting Shield Laws: Updating Journalist's Priviledge To Reflect The Realities Of Digital Newsgathering, Jason A. Martin, Anthony L. Fargo
Rebooting Shield Laws: Updating Journalist's Priviledge To Reflect The Realities Of Digital Newsgathering, Jason A. Martin, Anthony L. Fargo
University of Florida Journal of Law & Public Policy
No abstract provided.
Freeing The Prop 8 Tape: Perry V. Brown, The Presumption Of Access To Civil Proceedings, And The Preservation Of Judicial Integrity, Andrew A. Proia
Freeing The Prop 8 Tape: Perry V. Brown, The Presumption Of Access To Civil Proceedings, And The Preservation Of Judicial Integrity, Andrew A. Proia
University of Florida Journal of Law & Public Policy
No abstract provided.
Unenforced Contracts And The Illusion Of Bargaining: The Broken State Of Florida Public Employees' Constitutional Rights, Suzanne Tzuanos
Unenforced Contracts And The Illusion Of Bargaining: The Broken State Of Florida Public Employees' Constitutional Rights, Suzanne Tzuanos
University of Florida Journal of Law & Public Policy
No abstract provided.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Emerging Technologies And Dwindling Speech, Jorge Roig
Emerging Technologies And Dwindling Speech, Jorge Roig
Scholarly Works
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …