Law and Society Commons^™

Collaborative Law: A New Tool For The Lawyer's Toolkit, Susan Daicoff

University of Florida Journal of Law & Public Policy

No abstract provided.

What's So Great About Sograt?: An Analysis Of The Ethical Issues Created By Tax Patents And A Patently Strict Dilemma, Jason Pill

University of Florida Journal of Law & Public Policy

No abstract provided.

Internet-Television, Peer-To-Peer Technology And Free Speech: Lessons From Web 1.0, Mark R. Caramanica

University of Florida Journal of Law & Public Policy

No abstract provided.

Stopping For Death: Re-Framing Our Perspective On The End Of Life, Ruth C. Stern, J. Herbie Difonzo

University of Florida Journal of Law & Public Policy

No abstract provided.

Personalizing First Amendment Jurisprudence: Shifting Audiences & Imagined Communities To Determine Message Protection In Obscenity, Fighting Words, And Defamation, Clay Calvert

University of Florida Journal of Law & Public Policy

No abstract provided.

The Father's Rights Movement, Law Reform, And The New Politics Of Fatherhood: Some Reflections On The Uk Experience, Richard S. Collier

University of Florida Journal of Law & Public Policy

No abstract provided.

Stare Decisis: Broadening The Scope Of The Judiciary's Power, Stacey Waldorf

University of Florida Journal of Law & Public Policy

No abstract provided.

The Cost Of A Countermeasure: The Expansive Liability Protection Of The Public Readiness And Emergency Preparedness Act Of 2005, Angela Marino

University of Florida Journal of Law & Public Policy

No abstract provided.

Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett

Cornell Law Faculty Publications

With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally appear …

The Academic Doctorate In Law: A Vehicle For Legal Transplants?, Gail J. Hupper

Journal of Legal Education

No abstract provided.

Taking Distribution Seriously, Robert C. Hockett

Cornell Law Faculty Working Papers

It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing.

To attend systematically to the inter-translatability of maximization language on …

What Interests Are Served When Academic Law Library Directors Are Tenured Law Faculty? An Analysis And Proposal, Spencer L. Simons

Journal of Legal Education

No abstract provided.

Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz, Derek Stafford

Law & Economics Working Papers Archive: 2003-2009

Scholars have long asserted that social structure is an important feature of a variety of societal institutions. As part of a larger effort to develop a fully integrated model of judicial decision making, we argue that social structure—operationalized as the professional and social connections between judicial actors—partially directs outcomes in the hierarchical federal judiciary.

Since different social structures impose dissimilar consequences upon outputs, the precursor to evaluating the doctrinal consequences that a given social structure imposes is a descriptive effort to characterize its nature. Given the difficulty associated with obtaining appropriate data for federal judges, it is necessary to rely …

Presidential Authority And The War On Terror, Joseph W. Dellapenna

Working Paper Series

Immediately after the attacks on the United States of September 11, 2001, President George W. Bush claimed, among other powers, the power to launch preemptive wars on his own authority; the power to disregard the laws of war pertaining to occupied lands; the power to define the status and treatment of persons detained as “enemy combatants” in the war on terror; and the power to authorize the National Security Agency to undertake electronic surveillance in violation of the Foreign Intelligence Surveillance Act. With the exception of the power to launch a preemptive war on his own authority (for which he …

The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore

UIC Law Review

No abstract provided.

Motivational Law , Arnold S. Rosenberg

Cleveland State Law Review

After defining the concept of motivational law and giving several examples in Parts II.A and II.B, I discuss in Part II.C how motivational law fits into theories of law. In Part II.D, I explore the boundaries of motivational law and what it means to say that a law is "motivational." Part III.A examines motivational law as a type of intrinsic social control, and Part III.B explains how motivational law works through moral community-building, naming and shaming, cognitive dissonance and cognitive biases. Part IV.A asks why motivational law often fails, IV.B looks at the equivocal evidence of the efficacy of religious …

Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink

Faculty Scholarship

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …

Relational Theory And Health Law And Policy, Jennifer Llewellyn, Jocelyn Downie

Articles, Book Chapters, & Popular Press

Relational theory starts from an understanding of human selves as relational. This theory informs some significant current developments in the areas of philosophy, ethics and legal theory that re-envision key concepts including autonomy, equality, rights, justice, memory, trust, judgment and identity. In this paper we introduce relational theory and begin to explore some of its implications for health law and policy. In doing so, we hope to show the relevance of each field to the other and to persuade those interested in health law and policy to take up the challenge to pursue the transformative potential of relational theory through …

Judicial Policy - Making And The Peculiar Function Of Law, Richard Kay

Faculty Articles and Papers

While the nature of legal systems is a perpetually contested question, it is fairly uncontroversial that each must contain certain essential characteristics. First, each must suppose some picture of the appropriate way for human beings subject to it to live together in society. Second, to secure that proper arrangement, each must employ, to a greater or lesser degree, the device of general rules of conduct. Finally, in all but the simplest systems, the effectiveness of those rules must be guaranteed by some process of adjudication. The relationships among these three factors - social values, legal rules and judging - comprise …

The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler

NYLS Law Review

No abstract provided.

A Look At Laws, Policies, And Challenges In Restructuring, Liquidating, And Transacting Business In A Rapidly Developing World Economy, Paul M. Glenn

University of Florida Journal of Law & Public Policy

No abstract provided.

Florida's Beefed-Up Assignment For The Benefit Of Creditors As An Alternative To Bankruptcy, Jeffrey Davis

University of Florida Journal of Law & Public Policy

No abstract provided.

Practical Issues Surrounding Section 363 Sales, Harley E. Riedel, Edward Peterson

University of Florida Journal of Law & Public Policy

No abstract provided.

Strength In Numbers: An Examination Into The Liability Of Corporate Entities For Consumer And Employee Data Breaches, Joshua R. Levenson

University of Florida Journal of Law & Public Policy

No abstract provided.

Don't Stop The Music: No Strict Products Liability For Embedded Software, Seldon J. Childers

University of Florida Journal of Law & Public Policy

No abstract provided.

Choices And Voices In The 2008 Election: History Is Upon Us, Clifford A. Jones

University of Florida Journal of Law & Public Policy

No abstract provided.

Exempt Organizations In The 2008 Election: Will Wisonsin Right To Life Bring Changes?, Frances R. Hill

University of Florida Journal of Law & Public Policy

No abstract provided.

Arrest As An Invasion Of The Right To Privacy: How Officer Gilroy's Arrest Of Shelwanda Riley For Violating The Fort Pierce Youth Protection Ordinance Violated Her Privacy Rights Under The Florida Constitution, Sarah Walker

University of Florida Journal of Law & Public Policy

No abstract provided.

Policing The Workplace–Home Space Boundary: New Issues For Employment Regulation, Katherine V.W. Stone

University of Florida Journal of Law & Public Policy

No abstract provided.

Workplace Electronic Privacy Protections Abroad: The Whole Wide World Is Watching, William A. Herbert

University of Florida Journal of Law & Public Policy

No abstract provided.