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Articles 241 - 270 of 302
Full-Text Articles in Law and Society
Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod
Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod
University of Richmond Law Review
I propose to discuss Garcetti's First Amendment reasoning as well as the implications of the § 1983' setting in which Garcetti and other public employee free speech cases typically arise. After briefly setting out the Court's opinion and the three dissenting opinions, I begin by addressing the pros and cons of Garcetti, and in the course of so doing, I discuss the prior Pickering-Connick landscape that Garcetti so significantly altered. I consider the deeper First Amendment implications of Garcetti, including itsuse of categorical balancing to create an absolute immunity fromFirst Amendment liability for employer discipline based on job-required public employee …
International Myopia: Hamdan's Shortcut To "Victory", Michael W. Lewis
International Myopia: Hamdan's Shortcut To "Victory", Michael W. Lewis
University of Richmond Law Review
No abstract provided.
Mitigating Disaster: A Communitarian Response, Robert M. Ackerman
Mitigating Disaster: A Communitarian Response, Robert M. Ackerman
Cardozo Journal of Conflict Resolution
In this essay, I present a communitarian view as to how we might best respond to disaster, and in particular, to losses suffered by the direct victims of disaster. My focus will be on financial compensation to disaster victims, which admittedly occupies only a small part of the spectrum of disaster response. Emergency "first responder" activities are matters about which I have no expertise; volunteering at my local food bank hardly qualifies me to advise FEMA or the Red Cross. The blunders for which these organizations have recently been responsible are apparent, and so are some of their causes, but …
What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai
What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai
Cardozo Journal of Conflict Resolution
This article will explore issues facing mediators in cross-cultural conflicts, offer suggestions for conducting cross-cultural mediations, and propose a template of factors that mediators should consider when assisting parties in cross-cultural mediation. The factors will come largely from research by social scientists and anthropologists, particularly Edward T. Hall and Geert Hofstede.
Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi
Cardozo Journal of Conflict Resolution
This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.
The Problem Of Religious Learning, Marc O. Degirolami
The Problem Of Religious Learning, Marc O. Degirolami
Faculty Publications
The problem of religious learning is that religion—including the teaching about religion—must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insufficient attention has been paid to …
A Look At Laws, Policies, And Challenges In Restructuring, Liquidating, And Transacting Business In A Rapidly Developing World Economy, Paul M. Glenn
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
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
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
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
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
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
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
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
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.
Public Employment-Free Speech Jurisprudence: A New Constitutional Test For Disciplined Whistleblowers, Joseph O. Oluwole
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
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
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
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
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
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
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
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
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.
Do Norms Still Matter? The Corrosive Effects Of Globalization On The Vitality Of Norms, Patrick J. Keenan
Do Norms Still Matter? The Corrosive Effects Of Globalization On The Vitality Of Norms, Patrick J. Keenan
Vanderbilt Journal of Transnational Law
Why does the process of globalization undermine the power of social norms to regulate behavior? Norms are the social regularities that shape individual behavior and help to create vibrant--or dysfunctional--communities. Most theories of norms do not account for the many ways that globalization affects the foundations of norms. This Article fills the gap by developing a more robust theory of the informal regulation of behavior that considers the ways that the process of globalization can interfere with the creation of norms and erode their power.
Drawing on behavioral economics, sociology, and criminology, the theory proposed in this Article contains three …
Marriage And Practical Knowledge, Robert F. Nagel
Book Review: Long Before Stonewall: Histories Of Same-Sex Sexuality In Early America, John R. Pagan
Book Review: Long Before Stonewall: Histories Of Same-Sex Sexuality In Early America, John R. Pagan
Law Faculty Publications
Book review of Long Before Stonewall: Histories of Same-Sex Sexuality in Early America by Thomas A. Foster