Law and Society Commons^™

A Role For State Planning: Intergenerational Equity And Adaptive Management, Fred Bosselman

University of Florida Journal of Law & Public Policy

No abstract provided.

Commercial Speech: Mandatory Disclaimers In The Regulation Of Misleading Attorney Advertising, Stacy J. Borisov

University of Florida Journal of Law & Public Policy

No abstract provided.

Grasping At Straws, Rushing To Judgment: Election Reforms In Florida, 2001, Richard K. Scher

University of Florida Journal of Law & Public Policy

No abstract provided.

The Electoral College—Now, More Than Ever, Victoria Sutton

University of Florida Journal of Law & Public Policy

No abstract provided.

Statistical Issues In The 2000 U.S. Presidential Election In Florida, Alan Agresti, Brett Presnell

University of Florida Journal of Law & Public Policy

No abstract provided.

A Drug By Any Other Name Is Still A Drug: Why The Florida Judiciary Should Start Treating Dui As Any Other Drug Offense, Gail Sasnett-Stauffer, E. John Gregory

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: The Eleventh Amendment, The Fourteenth Amendment And Rational Basis Review, Scott Givens

University of Florida Journal of Law & Public Policy

No abstract provided.

Election Disputes And The Constitutional Right To Vote, Joseph W. Little

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Protecting Equal Protection, Glory Ross

University of Florida Journal of Law & Public Policy

No abstract provided.

Give Me Liberty Or Give Me Deportation: The Indefinite Detention Of Non-Removable, Criminal Aliens, Stacy J. Borisov

University of Florida Journal of Law & Public Policy

No abstract provided.

Foreword: Toward A Multicultural Theory Of Property Rights, Danaya C. Wright

UF Law Faculty Publications

This panel, sponsored by the Minority group and Property Sections of the AALS for the January, 2000 annual meeting, was composed of an exciting group of scholars critically analyzing traditional theories of property and current distribution of resources. The panel, entitled "Reviewing the Legacy of Liberalism: Life, Liberty, and the Pursuit of Happiness -- Linking Property to Rights," challenged traditional notions of property rights, from a discussion of the gender implications of African property law, to a critique of traditional analyses of Johnson v. M'Intosh, to property as heteronormative. Because the articles provide so much rich and thought-provoking material, …

“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson

UF Law Faculty Publications

While the resolution of the problem of gay and lesbian inequality will ultimately turn on a host of social, legal, political, and ideological variables, this Article argues that the success or failure of efforts to achieve legal equality for gays, lesbians, bisexuals, and transgendered individuals will depend in large part on how scholars and activists in this field address questions of racial identity and racial subjugation. Commonly, these scholars and activists currently discuss race by use of analogies between “racial discrimination” and “sexual orientation discrimination,” or between “people of color” and “gays and lesbians.” On one level, the “comparative approach” …

Latindia Ii — Latinas/Os, Natives, And Mestizajes — A Latcrit Navigation Of Nuevos Mundos, Nuevas Fronteras, And Nuevas Teorias, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay is a journey that will elucidate a personal exploration of LatCrit's trinitarian goals of engagement of identity interrogations, community building, and self-critical analysis. It will reflect personal travels and travails, bumps in the road and epiphanies, theory and practice. The plot for these musings is a cultural voyage in which this viajera embarks to live and comprehend the meaning of mestizaje in a personal quest for identity location; the stage is LatCrit IV.

My interrelated trips are chartered in three parts. Part I, Nuevos Mundos. Traveling LatCrit Community, presents the historical background of, contexts for, and evolutions …

Literature And The Arts As Antisubordination Praxis: Latcrit Theory And Cultural Production: The Confessions Of An Accidental Crit, Pedro A. Malavet

UF Law Faculty Publications

I attend LatCrit conferences to be educated on what I regard as the most exciting legal scholarship being produced today. Therefore, I naturally jumped at the opportunity to help organize the Fourth Annual LatCrit Conference and to chair one of its Plenary Panels. I have penned this Essay for the purpose not only of joining Critical Race Theory ("CRT") discourse, but also to create a recorded history of LatCrit travels.

In Part I of this Essay, I will describe the process that led the Planning Committee to include the Literature and Arts as Antisubordination Praxis: LatCrit Theory and Cultural Production …

The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn

UF Law Faculty Publications

Christopher Darden (prosecutor in the O.J. Simpson trial) has come to epitomize the burdens that African American prosecutors face as they perform their professional tasks. Moreover, the "Darden Dilemma" has become a generic term for the anguish that these prosecutors endure as they negotiate between competing allegiances to the African American community and the State. Much has been written about the sense of isolation that African American prosecutors feel when confronting the conflict between their roles as prosecutors and their obligations to the African American community. This article argues that African Americans should not prosecute crimes in the current criminal …

Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush

UF Law Faculty Publications

This paper was written as a part of a Symposium on Culture, Nation, and LatCrit (Latina/o Communities and Critical Race) Theory and focuses on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a methodology to analyze and detect the exclusion or silencing of voices. A paradigm is developed that, by internationalizing voice, serves as a useful tool to explore power-based silencing. In Part III, the article illustrates how the proposed paradigm can focus the …

The Queen, The Attorney General, And The Modern Charitable Fiduciary: A Historical Perspective On Charitable Enforcement Reform, David Villar Patton

University of Florida Journal of Law & Public Policy

No abstract provided.

Electronic Formulary Management And Medicaid: Maximizing Economic Efficiency And Quality Of Care In The Age Of Electronic Prescribing, Mark A. Buckles

University of Florida Journal of Law & Public Policy

No abstract provided.

Civil Forfeiture And The Excessive Fines Clause: Does Bajakajian Provide False Hope For Drug-Related Offenders?, Chet Little

University of Florida Journal of Law & Public Policy

No abstract provided.

Foreword: Toward A Multicultural Theory Of Property Rights, Danaya C. Wright

University of Florida Journal of Law & Public Policy

No abstract provided.

Disabling Certitudes: An Introduction To The Role Of Mythologies Of Conquest In Law, Jo Carrillo

University of Florida Journal of Law & Public Policy

No abstract provided.

Remapping The Domain Of Property In Africa, L. Amede Obiora

University of Florida Journal of Law & Public Policy

No abstract provided.

Improving The Tax Code To Provide Meaningful And Effective Tax Incentives For Higher Education, Amy J. Oliver

University of Florida Journal of Law & Public Policy

No abstract provided.

The 1999 Amendments To The Jimmy Ryce Involuntary Civil Commitment For Sexually Violent Predators' Treatment And Care Act: A Dangerous Example Of Reactionary Legislation, Jay Lechner

University of Florida Journal of Law & Public Policy

No abstract provided.

Torts: Exposing The Government To A Riptide Of Negligence Liability For Injuries To Swimmers, Keith Myers

University of Florida Journal of Law & Public Policy

No abstract provided.

Sexual Discrimination: Peer Sexual Harassment And Its Effect Under Title Ix, Jarret Raab

University of Florida Journal of Law & Public Policy

No abstract provided.

Afterword—Straightness As Property: Back To The Future—Law And Status In The 21st Century, Berta Esperanza Hernández-Truyol, Shelbi D. Day

University of Florida Journal of Law & Public Policy

No abstract provided.

Stepping Back To Punt: Favoring Internal Agency Interpretations Over Title Ix And Its Regulations, Joshua Ryan Heller

University of Florida Journal of Law & Public Policy

No abstract provided.

Chicanas/Os, "Liberty" And Roger B. Taney, Guadalupe T. Luna

University of Florida Journal of Law & Public Policy

No abstract provided.

Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

UF Law Faculty Publications

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …