Law and Society Commons^™

Constitutional Law: Decency Requirement In Art Funding Nea V. Finley, 118 S. Ct. 2168 (1998), Amy Petrick

University of Florida Journal of Law & Public Policy

No abstract provided.

Remember The Ingredient: The View From Outside The Tower, Michael A. Mogill

University of Florida Journal of Law & Public Policy

No abstract provided.

The Appeal Provision Of Florida's Criminal Punishment Code: Unwise And Unconstitutional, Robert Batey, Stephen M. Everhart

University of Florida Journal of Law & Public Policy

This article addresses whether this startling new appeal provision in Florida’s Criminal Punishment Code is constitutional: Can the state give itself the right to appeal downward departure sentences but deny the reciprocal right of the defendant to appeal upward departure sentences? Part II of this article sets the background for answering this question by briefly sketching the history of sentencing guidelines in Florida, and how the new appeal provision undermines the wise policy behind those guidelines. Part III then outlines the infirmities of the new appeal provision under the double jeopardy, right-to-appeal, due process, and proportionality provisions of both the …

In Order To Hire The Best Person For The Job, We Have To What?, Brian John Halliday

University of Florida Journal of Law & Public Policy

This Article will examine the numerous claims of U.S. employers that they cannot fill professional-level job openings with home-grown U.S. workers, and the complaints of those who oppose the importation of foreign professional labor. By shedding some light on these broad questions, we should put into proper perspective the motivating elements behind our ever-changing United States immigration laws, separating the valid impetuses from the rhetoric. This should serve to paint a clearer picture of the actual state of affairs affecting our labor needs, and to suggest courses of action designed to stabilize and to correct the U.S. employment-based immigration system. …

Arbitration Law: Jurisprudence Of Uncertainty, Matthew L. Hicks

University of Florida Journal of Law & Public Policy

No abstract provided.

Perilous Potholes In The Path Toward Patent Law Harmonization, Kevin Cuenot

University of Florida Journal of Law & Public Policy

This Note will address the public policy issues and the economics involved with changing the United States patent system to a first-to-file system.

Toward A More Utilitarian Juvenile Court System, Rod Smith

University of Florida Journal of Law & Public Policy

No abstract provided.

Privacy And The Internet: Welcome To The Orwellian World, Allegra Knopf

University of Florida Journal of Law & Public Policy

This Note explores the current state of federal law applicable to computer communication privacy. Part I discusses the application of the Fourth Amendment to computer privacy concerns. Part II explores the federal wiretap statute and its limitations. Part III concludes with a discussion of how legislation may enhance computer privacy.

The Collapse Of The Harm Principle, Bernard Harcourt

Faculty Scholarship

In November 1998, fourteen neighborhoods in Chicago voted to shut down their liquor stores, bars, and lounges, and four more neighborhoods voted to close down specific taverns. Three additional liquor establishments were voted shut in February 1999. Along with the fourteen other neighborhoods that passed dry votes in 1996 and those that went dry right after Prohibition, to date more than 15% of Chicago has voted itself dry. The closures affect alcohol-related businesses, like liquor stores and bars, but do not restrict drinking in the privacy of one's hoifie. The legal mechanism is an arcane 1933 "vote yourself dry" law, …

Introductory Remarks: Reflections On Privatization In Higher Education, John V. Lombardi

University of Florida Journal of Law & Public Policy

No abstract provided.

Gratis Dictum! The Limits Of Academic Free Speech On The Internet, Ray August

University of Florida Journal of Law & Public Policy

This article is about the right of university professors to exercise their academic freedom to speak out and to teach in a new forum: the Internet. Although the Internet is a new forum, this article will attempt to show that the same basic rights and duties that apply to professors in the classroom and in the academic media apply to professors speaking out on the Internet. Part I sets the stage with a very brief history of the Internet. Part II examines the principal cases dealing with academic free speech as they relate to the Internet. Most of these cases …

Private Publics, Public Privates: An Essay On Convergence In Higher Education, Richard A. Matasar

University of Florida Journal of Law & Public Policy

Once upon a time, not too long ago, we understood social organization. Parents ran their families. The principal governed the local school with an iron fist and a velvet glove; the school board controlled the principal. People turned to religious leaders for guidance and respected their views. We knew that the President had a private life, but did not find it necessary to read daily press speculations about that life. Greedy bosses exploited professional athletes, studios extracted life-time servitude from performers, and the three television networks controlled access to popular information and entertainment. Every social institution discriminated against women and …

Who Is An "Otherwise Qualified" Law Student? A Need For Law Schools To Develop Technical Standards, J. Patrick Shannon

University of Florida Journal of Law & Public Policy

An increasing number of prospective and current law students are seeking disability-related accommodations under the Americans with Disabilities Act of 1990 (ADA). Various accommodation requests include: extended time on exams (time-and-a-half, double-time, quadruple-time, or no time limit), modification of exams from essay to short-answer, individual testing rooms, modification of all exam from closed-book to open-book, large print exams, the presence of service animals for the sight-impaired and for those with stress disorders, audio/visual recordings of lectures, notetakers, no deadlines for papers, no in-class exercises, not being called upon to respond in class, a stand-up desk on which to write, special …

The First Amendment Threat To Academic Tenure, Daniel E. Hall

University of Florida Journal of Law & Public Policy

Many people have questioned the need for academic tenure. Both higher education literature and the popular press are filled with articles concerning the subject. The article addresses whether tenure continues to be needed as we move into the new millennium. Specifically, the argument that contemporary First Amendment protections make tenure superfluous is examined. Part I describes the history of tenure. The purpose of tenure is examined in part II. Part III examines the law of tenure. Part IV identifies the First Amendment argument in opposition to tenure. In part V the reasons the First Amendment does not obviate the need …

The Decline And Fall Of The Wall Of Separation Between Church And State And Its Consequences For The Funding Of Public And Private Institutions Of Higher Education, F. King Alexander

University of Florida Journal of Law & Public Policy

This article summarizes the evolution of judicial thought concerning the funding of higher education as it pertains to the constitutional concept of separation between church and state. The fiscal consequences of the decline and fall of this wall of separation, as government has increasingly aided private higher education with public resources, are explored. The article notes the ineffectiveness of government student aid policies in providing lower-income students with meaningful choice in pursuing higher education opportunities. The findings presented in this article are not important to higher education alone, but also indicate the probable effects of government funding schemes that aid …

Juvenile Justice Under Attack: An Analysis Of The Causes And Impact Of Recent Reforms, Donna M. Bishop, Lonn Lanza-Kaduce, Charles E. Frazier

University of Florida Journal of Law & Public Policy

The juvenile justice system is currently under attack on two broad fronts. First, legal experts and commentators are providing stinging critiques of the system’s failure to protect the liberty and due process interests of juveniles. Second, legislators throughout the country are supporting more and more legislation designed to “get tough” on juvenile crime. In combination, these criticisms and reforms advance the “recriminalization” of juvenile offenders. Juvenile offenders are increasingly subject to adult standards of culpability and punishment. Most of this change in the way we think about and officially respond to juvenile crime has proceeded without a discussion of the …

The Media In The New Millennium: Exploring Myths And Misconceptions Before Shooting The Messenger, Sandra F. Chance

University of Florida Journal of Law & Public Policy

The press has a crisis of credibility. May believe that the media increasingly violate basic standards of fairness, accuracy, objectivity, and respect for privacy in the rush to profit from sensationalizing sex, scandal, and violence. Criticism often turns into media bashing, as it has become almost derigueur to blame the media for all of society’s ills. Some of the bashing is deserved. Much of it is not. The entire industry is often blamed for the excesses of a few. And, there is a widespread temptation to shoot the messenger who brings the bad news.

Often, this underserved criticism flows from …

Union Dues And Politics: Workers Speak Out Against Unions Speaking For Them, R. Bradley Adams

University of Florida Journal of Law & Public Policy

The purpose of this note is to examine the current movement towards implementing legislation that would require unions to obtain workers’ consent prior to using their compulsory dues and fees for political purposes. Part II is devoted to framing the major developments in the law that have roughly defined the limits of unions’ use of compulsory dues for political purposes. Part III provides an analysis of relevant U.S. Supreme Court cases and emphasizes First Amendment questions surrounding union expenditures of compulsory union dues and fees. Part IV addresses the movement in some states to require unions to obtain affirmative consent …

Speaking Freely About Reducing Violence Against Women: A Harm Reduction Strategy From The Law And Social Science Of Pornography, Michelle Chernikoff Anderson

University of Florida Journal of Law & Public Policy

This article exposes legal scholars to the research essential to establishing support for an education policy that would inoculate our children against the potentially harmful effects of consuming media that promote violence against girls and women. It argues that Dworkin-MacKinnonites, concerned about pornography, and civil libertarians, concerned about free speech, should waste neither more time nor more ink debating this issue. Rather, it is time to dedicate our efforts to creating and implementing a harm reduction educational approach to protect our children against pornography.

Part II defines the terminology used throughout the article. Part III outlines the failures of current …

Commentary On Presentations Of Prof. Roberta S. Karmel & Prof. James A. Fanto, Gregory S. Alexander

Cornell Law Faculty Publications

Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog

Articles

I was sitting, ruefully contemplating the dilemmas of being a commentator, wondering whether I had the effrontery to rise and offer a dreadful confession: the first time I encountered the countermajoritarian difficulty, I didn't bite. I didn't say, "Wow, that's a giant problem." I didn't immediately start casting about for ingenious ways to solve or dissolve it. I just shrugged. Now I don't think that's because my commitments to either democracy or constitutionalism are somehow faulty or suspect. Nor do I think it's that they obviously cohere. It's rather that the framing, "look, these nine unelected characters can strike down …

Three Positivisms, Robin West

Georgetown Law Faculty Publications and Other Works

In this article, I accept and hope to expand upon the conventional consensus view that The Path of the Law is a brief for an Americanized version of Austinian legal positivism and for the "separation" of law and morality that is at its core. I also want to show, however, that the distinctive accomplishment of this Essay is its literary ambiguity: Both its explicit arguments for the positivist separation of law and morality, and the three enduring metaphors Holmes uses to make the case -- (1) the "bad man" from whose perspective we can clearly view the law; (2) the …

Mustering The Moxie To Master The Media Mess, Robert C.L. Moffat

University of Florida Journal of Law & Public Policy

No abstract provided.

"Stunt Journalism," Professional Norms, And Public Mistrust Of The Media, David A. Logan

University of Florida Journal of Law & Public Policy

No abstract provided.

Responsibility In The Media, Hugh Stevens

University of Florida Journal of Law & Public Policy

No abstract provided.

Journalism, Rational Subjectivity, And Democracy, Elliot D. Cohen

University of Florida Journal of Law & Public Policy

No abstract provided.

Freedom Of The Press: An Inalienable Right Or A Privilege To Be Earned?, Jane E. Kirtley

University of Florida Journal of Law & Public Policy

No abstract provided.

Governmental Immunity And Taxation In Florida, David M. Hudson

University of Florida Journal of Law & Public Policy

No abstract provided.

Marriage And Divorce: Degrees Of "I Do," And Analysis Of The Every-Changing Paradigm Of Divorce, Nicole D. Lindsey

University of Florida Journal of Law & Public Policy

No abstract provided.

Reno V. Aclu: Establishing A First Amendment Level Of Protection For The Internet, Rebecca Jakubcin

University of Florida Journal of Law & Public Policy

No abstract provided.