Law and Society Commons^™

Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson

University of Florida Journal of Law & Public Policy

No abstract provided.

A New Method To Guide Constitutional Interpretation: Introducing "Negative Originalism", Adam Lamparello

University of Florida Journal of Law & Public Policy

No abstract provided.

Searching For Patterns In The Laws Governing Access To Records And Meetings In The Fifty States By Using Multiple Research Tools, Bill F. Chamberlin, Cristina Popescu, Michael F. Weigold, Nissa Laughner

University of Florida Journal of Law & Public Policy

No abstract provided.

Hewlett-Packard's Spy Games And The "Duty Of Caremark": How Inconsistent Standards Governing A Director's Duty Of Care Disgraced A Company, Lawrence Scheinert

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: The Reasonableness Requirement And Fourth Amendment Boundaries To Co-Occupant Consent, Tim Buskirk

University of Florida Journal of Law & Public Policy

No abstract provided.

From Insanity To Beyond Diminished Capacity: Mental Illness And Criminal Excuse In The Post-Clark Era, Henry F. Fradella

University of Florida Journal of Law & Public Policy

No abstract provided.

Fair Use Rights In A World Of The Broadcast Flag And Digital Rights Management: Do Consumers Have A Chance?, Andrew William Bagley

University of Florida Journal of Law & Public Policy

No abstract provided.

Mining For Morality At Sago Mine: Big Business And Big Money Equal Modest Enforcement Of Health And Safety Standards, Shari Ben Moussa

University of Florida Journal of Law & Public Policy

No abstract provided.

Creating The Right Mentality: Dealing With The Problem Of Juror Delinquency In The New South Korean Lay Participation System, Eric Seo

Vanderbilt Journal of Transnational Law

The Judiciary Reform Committee of South Korea has planned to implement a five year pilot program that will allow public participation in trials. This will be the first time in the nation's judicial history that lay participation will be used. The format of the pilot program will be a mixture of the U.S.-style jury system and the German lay assessor system, with the program being more akin to the U.S. system. As South Korea has never had a lay participation system, it has a unique opportunity to create a system that will avoid problems associated with lay participation. This Note …

The Safety Net Revisited? The Continuing Impact Of Welfare Reform In New York City And Nationwide, Laura R. Goldin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Friday Night 'Lite': How De-Racialization In The Motion Picture Friday Night Lights Disserves The Movement To Eradicate Racial Discrimination From American Sport, N. Jeremi Duru

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Afterthoughts From A "Buzz Killer", Sarah Krakoff

Publications

No abstract provided.

The Trans-Texas Corridor Plan: Will Best Value Highway Contract Procurement Under Comprehensive Development Agreements Leave The Lowest Competitive Bidder In The Dust Comment., Jason C. Petty

St. Mary's Law Journal

Abstract Forthcoming.

The Lawyer Is Not The Protagonist: Community Campaigns, Law, And Social Change, The Symposium: Race, Economic Justice, And Community Lawyering In The New Century: Concluding Essay, Jennifer Gordon

Faculty Scholarship

Stories about law and social change can have a sameness to them. Yet in many ways, the tales told in this volume stand out from the crowd. Each story is shaped around a campaign undertaken by a community organization or coalition deeply engaged in the struggle for racial and economic justice. Attorneys appear as supporting players rather than main characters, seeking to help organizations build the power needed to achieve their goals. These lawyers translate information about the law into lay language, pressure opponents, defend the organization, open up spaces for community voice and action, and seek to establish new …

Reflections On The Commercialization Of Research Conducted In Public Institutions In Canada, Jocelyn Downie, Matthew Herder

Articles, Book Chapters, & Popular Press

We are presently witnessing a remarkable emphasis upon the commercialization of research in public institutions around the world. The issue is polarizing within the academic community, but the commercialization of research in public institutions has, in itself, largely failed to capture the public imagination. Nothing suggests that a large-scale debate on this issue is forthcoming in Canada or elsewhere. The purpose of this paper is therefore to build the case for why large-scale debate is necessary and to set the stage for that debate by providing an account of all of the alleged benefits and harms of commercialization. Our review …

Toward A Sui Generis View Of Black Rights In Canada - Overcoming The Difference-Denial Model Of Countering Anti-Black Racism, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

Six Degrees Of Cass Sunstein, Paul H. Edelman, Tracey E. George

Vanderbilt Law School Faculty Publications

Degrees of separation is a concept that is intuitive and appealing in popular culture as well as academic discourse: It tells us something about the connectedness of a particular field. It also reveals paths of influence and access. Paul Erdős was the Kevin Bacon of his field - math - coauthoring with a large number of scholars from many institutions and across subfields. Moreover, his work was highly cited and important. Mathematicians talk about their Erdős number (i.e., numbers of degrees of separation) as a sign of their connection to the hub of mathematics: An Erdős number of 2 means …

Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell

Publications

This article argues that cause lawyers - those lawyers whose primary focus is on social change rather than on for-profit client-based work - have an ethical responsibility to be competent in public advocacy. That responsibility stems from a cause lawyer's commitment to the principles embodied in the particular social movement in which the lawyer is acting. It is reinforced by the requirement of competency under the Model Rules of Professional Conduct. To illustrate the contours of a competent public advocacy strategy, the article highlights two cause lawyering organizations, Legal Momentum and the Institute for Justice, and considers how each organization …

Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff

Publications

No abstract provided.

A Business Ethics Perspective On Sarbanes-Oxley And The Organizational Sentencing Guidelines, David Hess

Michigan Law Review

This Article assesses the ability of Sarbanes-Oxley and other recent changes in the law and stock exchange listing requirements to reduce the incidence of fraud and to increase the reporting of financial misconduct. It begins by examining the individual decision-makers within a corporation and analyzing their intentions and behaviors under the Theory of Planned Behavior. It then examines the ability of the organization to influence the employees' intentions and behaviors through codes of ethics and compliance programs, and finds growing support for the usefulness of integrity based compliance programs. Finally, the Article considers how the Sarbanes-Oxley legislation and Organizational Sentencing …

Symposium: Current Issues In Community Economic Development: Foreword: Entrepreneurship, Race, And The Current Environment For Community Economic Development, Eric J. Gouvin

Faculty Scholarship

On March 30, 2007, the Western New England College School of Law and the School of Business jointly hosted the second annual academic conference on Current Issues in Community Economic Development, sponsored by the Western New England College Law and Business Center for Advancing Entrepreneurship. The Conference promotes the two primary goals of the Law and Business Center: (1) to provide technical legal and business assistance to entrepreneurs and (2) to sponsor educational and outreach events focused on entrepreneurship and economic development. The Law and Business Center is a unique resource in Western Massachusetts. The combination of legal and business …

Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney

St. Mary's Law Journal

This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …

Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.

St. Mary's Law Journal

Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results. Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …

Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo

St. Mary's Law Journal

There is a nationwide debate on whether punitive damages should be insurable. Insuring punitive damages causes courts concern regarding whether a wrongdoer escapes punishment by having the insurer pay for damages attributable to the wrongdoer’s egregious conduct. The United States Court of Appeals for the Fifth Circuit noted Texas’ public policy does not justify interference with private insurance contracts. The Court determined Texas allows liability insurance contracts to cover punitive damages and declared the inquiry ended. But, in the years since this determination, many Texas appellate courts have contracted the Fifth Circuit’s holding. The shifting discussion among Texas appellate courts …

Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer

St. Mary's Law Journal

Abstract Forthcoming.

Reactions To Indefinite Preventive Detention: An Analysis Of How The Singapore, United Kingdom And American Judiciary Give Voice To The Law In The Face Of (Counter) Terrorism, Eunice Chua

Research Collection Yong Pung How School Of Law

[A] mid the clash of arms, the laws are not silent" - and it is up to judges to give voiceto the law. Acts of terrorism have not ceased since 11 September 2001 and news offresh attacks or foiled attempts continues to surface regularly. It is not surprising thatin order to preserve the nation state, governments have used legislative tools to deterand punish terrorism, including the tool of indefinite preventive detention. In thisarticle, I analyse the pieces of legislation providing for indefinite preventive detentionin Singapore, the United Kingdom and the United States, as well as the judicial responseto them. Adopting …

Sussidiarietà E Sovranità Negli Ordinamenti Sovranazionali, Paolo G. Carozza

Book Chapters

From the Introduction
Chapter 6

La tensione fra unità e diversità è inevitabile in qualsiasi contesto multinazionale che riunisca molteplici organizzazioni in un unico ente. Un esempio, anche se non certo l’unico, è l’Unione Europea, il cui motto «unità nella diversità» esplicita questa tensione. La leg-ge costituzionale dell’Unione Europea, come la legge internaziona-le e la politica in generale, nel mediare tra le due opposte tendenze si è basata principalmente sul concetto di sovranità. Scopo di que-sto contributo è argomentare come il principio di sovranità sia ina-deguato allo scopo di riconciliare pluralismo e unità, mentre il prin-cipio di sussidiarietà possa rappresentare …

After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George

Faculty Scholarship

This article begins to consider these important questions through a discussion of the multiple models used to address, and redress massive human rights violations in South Africa, Rwanda, and Sierra Leone. I argue that lawyers and policy makers working to advance the rule of law must consider the role of law in transitional societies not only as a means of ensuring that perpetrators of grave human rights abuses are held accountable, but also as a foundation for the future. I submit that for the rule of law to take root, the conditions of a society must be fertile; and respect …

The Cost Of Norms: Tax Effects Of Tacit Understandings, Alex Raskolnikov

Faculty Scholarship

Most human interactions take place in reliance on tacit understandings, customary practices, and other legally unenforceable agreements. A considerable literature studying these informal arrangements (commonly referred to as social norms) has a decidedly positive flavor, arguing that many, if not most, of these norms are welfare enhancing. This Article looks at the less-appreciated darker side of social norms. It combines an analysis of modern sophisticated tax planning techniques with existing empirical studies of commercial relationships to reveal a disturbing connection. By relying on tacit understandings rather than express contractual terms, many taxpayers shift some of their tax liabilities to those …

Changing Name Changing: Framing Rules And The Future Of Marital Names, Elizabeth F. Emens

Faculty Scholarship

What laws should govern spouses' names at marriage? If a man and a woman marry, should the woman's name change automatically? Or should the woman's name remain the same unless she goes through more or less complicated steps to change it? Contrary to convention, should the man's name change to the woman's? Should both their names be hyphenated? Many variations could be imagined.

The law of marital names has undergone a significant transformation over the past forty years. For about a hundred years of U.S. history, states required married women to take their husbands' names in order to engage in …