Law and Society Commons^™

Public Employment-Free Speech Jurisprudence: A New Constitutional Test For Disciplined Whistleblowers, Joseph O. Oluwole

University of Florida Journal of Law & Public Policy

No abstract provided.

Mandatory Pre-Employment Arbitration Agreements: The Scattering, Smothering And Covering Of Employee Rights, Robert J. Landry Iii, Benjamin Hardy

University of Florida Journal of Law & Public Policy

No abstract provided.

Mortgage Reform And Anti-Predatory Lending Act Of 2007: A Suboptimal Response To A Subprime Problem, John W. Black

University of Florida Journal of Law & Public Policy

No abstract provided.

Of Republicrats And Dempublicans: Can African American Voting Patterns At The Local Level Translate Into Broader Support For National Republican Candidates?, Cleveland Ferguson Iii

University of Florida Journal of Law & Public Policy

No abstract provided.

11 U.S.C. § 707(B)(2)(A)(Iii): Does It Mean What It Says And Say What It Means?, A. Jay Cristol, Cheryl Kaplan

University of Florida Journal of Law & Public Policy

No abstract provided.

The Freedom Of Speech, Bill Mccollum

University of Florida Journal of Law & Public Policy

No abstract provided.

The Fall Of The Federal Election Campaign Act Of 1971: A Public Choice Explanation, Jon Simon Stefanuca

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Drawing A New Critical Line Between The State's Competing Interests In Abortion Regulation To Comport With Social Palpability, Jason Pill

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: How Fast Is Too Fast? The Court's Race To Find Reasonableness In High-Speed Chases, Katie Coxe

University of Florida Journal of Law & Public Policy

No abstract provided.

The Lost Art Of Chapter 11 Reorganization, Chad P. Pugatch, Craig A. Pugatch, Travis Vaughan

University of Florida Journal of Law & Public Policy

No abstract provided.

The Stephen Colbert Problem: The Media Exemption For Corporate Political Advocacy And The "Hail To The Cheese Stephen Colbert Nacho Cheese Doritos® 2008 Presidential Campaign Coverage", Clifford A. Jones

University of Florida Journal of Law & Public Policy

No abstract provided.

Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy - A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald

Articles, Book Chapters, & Popular Press

Globalization and the new information economy are putting great stress on western high-wage economies of which Canada is an exemplar. As individuals and together as a society, Canadians are being forced to become more flexible and strategic in adjusting to changing employment opportunities and economic challenges. Meanwhile, governments have shifted from being purveyors of welfare to being supervisors of both markets and decentralized/ privatized public services. Key roles for the government in this new political environment are the sponsorship of mechanisms for autonomous, individual human capital investment as well as for community responses to these emerging economic and social challenges. …

Supposons Que La Discipline Et La Sécurité N'Existent Pas - Rereading Foucault's Collége De France Lectures (With Paul Veyne), Bernard E. Harcourt

Faculty Scholarship

We have come to know well and deploy easily the Foucauldian terms discipline and sécurité (what we now call governmentality), especially as a result of Michel Foucault's 1978 and 1979 lectures at the College de France. What we know less well, I contend, is how to critique them – discipline and sécurité, that is – the way that Foucault critiqued the terms folie, délinquance, or sexualité.

In this essay, I push further my meditations on punishment and subject discipline and sécurité to the same brutal method that Foucault used in his writings on folie, délinquance, and sexualité. I begin by …

The Impossibility Of A Prescriptive Paretian, Robert C. Hockett

Cornell Law Faculty Publications

Most normatively oriented economists appear to be “welfarist” and Paretian to one degree or another: They deem responsiveness to individual preferences, and satisfaction of one or more of the Pareto criteria, to be a desirable attribute of any social welfare function. I show that no strictly “welfarist” or Paretian social welfare function can be normatively prescriptive. Economists who prescribe must embrace at least one value apart from or additional to “welfarism” and Paretianism, and in fact will do best to dispense with Pareto entirely.

Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast

ExpressO

The past several years have seen an increasing number of pharmacists refuse to dispense emergency contraception, an effective, post-coital form of contraception, on the grounds that the drug violates their personal beliefs. This Article addresses the impact of those pharmacist refusals under existing principles of tort law. The Article draws on existing pharmacy case law, state-specific refusal clauses, and ethics statements promulgated by professional pharmacy associations to investigate whether pharmacists have a legal duty to dispense emergency contraception, notwithstanding religious or ethical objections. Concluding that in most states, such a legal duty does exist, the Article develops a “wrongful conception” …

The Hidden Harm Of Law And Economics, Daniel I A Cohen

ExpressO

The paper deals with the adverse psychodynamic consequences to an individual and to society, immediately and in the long run, of dissolving individual responsibility for fault as in the doctrine of Law and economics.

The American Tradition Of Racial Profiling, Jean Phan

ExpressO

The enemy has always been easily recognizable in American life: He has been the savage Native American known for scalping people; the black slave bent on ravaging white women; the Asian worker unfairly competing against the white man; the Mexican immigrant who does nothing but leech off the system; the Arab who dreams up terrorist plots, and carries them out. These enemies have always been visible in American society, and yet, they don’t exist in reality. They exist only in the minds of those too afraid to consider that these strange individuals who seem so different, could be just like …

Son Of Sam Resurrected: Did Greedy Criminals Unwittingly Give New Life To The “Son Of Sam” Laws?, Arthur M. Ortegon

ExpressO

No abstract provided.

In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam

Research Collection Yong Pung How School Of Law

No abstract provided.

What Should We Celebrate On Constitution Day?, Alan E. Garfield

Georgia Law Review

Congress recently created a new national observance, Constitution Day, to be marked each year on September 17. This observance presents a valuable opportunity for the vastly diverse American populace to celebrate its shared values. But what, exactly, should Americans celebrate about the Constitution? The Constitution's text, after all, is hardly perfect, and judicial interpretations of the Constitution are similarly problematic. This Article sets out to identify the Constitution's core meaning for Americans. If first draws lessons from two contemporary Establishment Clause disputes (the teaching of intelligent design and the displaying of Ten Commandments monuments). These examples illustrate why the Constitution,and …

The Word And The Law, James B. White

Georgia Law Review

The Word and the Law is an extraordinary combination of law, personal statement, literary criticism, and theology. In a sense its central question is whether it is possible to have a life in the law that is good, and the answer is yes-yes, though not at all easy. I have often suggested it as reading to students who are worried about the profession they have chosen, and they frequently return to me with deep thanks for the introduction. Milner's commitment throughout is not to abstraction or theory or generalization, but to particular realities. Partly for this reason he begins the …

A Theology Of Justice: Some Reflections On Milner Ball's Non-Religious Practice Of Belief, Stephen Wizner

Georgia Law Review

For the past twenty years, during the first weekend in March, law students, law teachers, and public interest lawyers have gathered in the snowy woods of rural New Hampshire for a public interest retreat. The annual event is dedicated to the memory and legacy of Robert Cover, a beloved law professor, brilliant legal scholar, and committed social activist who died in 1986 at the age of forty-two. Robert Cover and Milner Ball were close friends and intellectual fellow travelers. They shared not only an academic interest in the inter-relationships between law, theology, and literature, but also a passionate commitment to …

The Constitution And Fundamental Rights, Erwin Chemerinsky

University of Florida Journal of Law & Public Policy

No abstract provided.

Dedication To Chesterfield H. Smith, Ruth Bader Ginsburg

University of Florida Journal of Law & Public Policy

No abstract provided.

Blinded By Science: Does The General Acceptance Of Forensic Dna Evidence Warrant A More Streamlined Approach To Admissibility?, Joshua Hillel Hubner

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Determining Purpose: Thou Shalt Not Study The Evolution Of Religious Displays, Shari Ben Moussa

University of Florida Journal of Law & Public Policy

No abstract provided.

The Gift Of Milner Ball, Thomas L. Shaffer

Georgia Law Review

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend-my colleague, too-and also my teacher (in two senses, including the I-once-paid- tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the …

Commerce Clause Jurisprudence And The Graves Amendment: Implications For The Vicarious Liability Of Car Leasing Companies, Susan Lorde Martin

University of Florida Journal of Law & Public Policy

No abstract provided.

Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer

University of Florida Journal of Law & Public Policy

No abstract provided.

Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee

University of Florida Journal of Law & Public Policy

No abstract provided.