Other Law Commons^™

Government Investment In Banks: Creeping Nationalization Or Prudent, Temporary Aid?, Lissa L. Broome

FIU Law Review

No abstract provided.

Publisher

FIU Law Review

No abstract provided.

The Subprime Crisis—Some Thoughts On A "Sustainable” And “Organic” Regulatory System, Jerry W. Markham

FIU Law Review

No abstract provided.

Gaap Did Their Job During The Economic Meltdown, George Mundstock

FIU Law Review

No abstract provided.

Masthead

FIU Law Review

No abstract provided.

Table Of Contents

FIU Law Review

No abstract provided.

The Odd Couple: Stadium Naming Rights Mitigating The Public-Private Stadium Finance Debate, Christopher B. Carbot

FIU Law Review

No abstract provided.

Gay And Lesbian Parenting In Florida: Family Creation Around The Law, Rebecca Mae Solokar

FIU Law Review

No abstract provided.

The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erick F. Gerding

FIU Law Review

No abstract provided.

Museletter: March 2009, Suzanne Corriell

Museletter

This Issue:

Be Prepared for Employment this Summer by Joyce Manna Janto

Obtaining Access to PACER: A Brief How-To by Suzanne B. Corriell

From the Suggestion Box

Trading Spaces: Spring Carrel Swap

"Worlds Connect @ Your Library" National Library Week, April 12-18, 2009

New Faces at the Law Library

Summer Hours

When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande

Barry Law Review

No abstract provided.

Life At The Center Reflections On My Career, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

Faculty Publications

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.

International Regulatory Definitions Of Animal Distress In Animal Research And Animal Production – An Overview., Jon Richmond

Laws and Legislation Collection

Various systems already exist to judge animal welfare - of which distress can be one component - in the laboratory setting (see Hendriksen and Morton 1998). Many rely on nonspecific measures; that is they may be manifestations of a number of states, not all of them necessarily indicative of poor welfare. Certainly, there is already good provision for methods to recognise some of the commoner manifestations of distress, arguably they are sufficiently meaningful to categorise various distress states, though to my mind they are for the present still not suited for use as means of strictly quantifying the negative impact/suffering …

How To Improve Empirical Desert, Adam Kolber

Faculty Scholarship

No abstract provided.

During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich

Seattle University Law Review

This Note analyzes the facts of the Ressam case and the legal analysis applied to it by both the Ninth Circuit and the Supreme Court. Part II discusses the intriguing history of the Ressam case. Part III examines the Ninth Circuit's reasoning in Ressam and shows why the Supreme Court was correct in reversing the improperly decided case. Part IV discusses the possible scope of the explosives statute under each interpretation--without or with a relational element. Finally, Part V concludes by commenting on the future of the explosives statute in light of the Supreme Court's decision, as well as the …

Should Inmates Be Running The Jailhouse: Affirming The Constitutionality Of Enhanced Archivist Involvement In White House Record-Keeping Policymaking, Nicholas E.M. Michiels

American University Law Review

This Comment argues that tasking the Archivist of the United States with promulgating electronic record-keeping guidelines and certifying presidential compliance is constitutional because the President’s ability to perform his or her constitutional functions will not be impaired and, additionally, because Congress has constitutional authority to promote the important objective of retaining presidential records.11 Part I examines the laws and jurisprudence that have culminated in public ownership of presidential records. Part II discusses the Bush Administration’s record-keeping problems, the indirect way the United States Congress learned of the problems, and the subsequent legislative response—the Electronic Message Preservation Act (EMPA). Finally, Part …

Under The Robes: A Judicial Right To Bare Arms (And Legs And . . .), Erik M. Jensen

Faculty Publications

This essay considers a time-dishonored question: What, if anything, do judges have on under their robes? After serious research and thought, the author concludes that judges are-or, in an economically rational world, should be-minimalists.

The Intellectual History Of The Shortest Article In Law Review History, Erik M. Jensen

Faculty Publications

"The Shortest Article in Law Review History" appeared in 2 to a mixture of acclaim ("Brilliant!"), horror ("Don't you have anything better not to do?"), and indifference ("Huh?"). Since then, many have asked how the article came into being and what its effect on legal scholarship has been. (Well, the author's mother and sister did once raise those questions, or one of them anyway.) This new article provides readers with just about everything needed to understand a twenty-first century development in the life of the mind.

The Subjective Experience Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.

Salt Equalizer, Vol. 2009, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of This Issue:

Deborah Waire Post & Margaret Martin Barry, Co-Presidents’ Column, at 1.

Hazel Weiser, Executive Director’s Column, at 1.

Camille Nelson, January 2010 Cover Workshop at the AALS Annual Meeting: “In the Public Interest: Exploring Legacy of Robert Cover as Professor, Activist, and Scholar,” at 4.

SALT at the AALS in January, at 4.

Hazel Weiser, “Sowing the Seeds of Justice:” Sneak Preview Saturday, January 9, in NOLA, at 5.

Ruben Garcia, 2010 SALT Annual Dinner Promises to Be a Jazzy Affair, at 5.

Hazel Weiser, SALT Board of Governors Welcomes New and …

Understanding Adults’ Perceptions Of Juvenile Offenders, Margaret C. Stevenson, Cynthia J. Najdowski, Bette L. Bottoms, Tamara M. Haegerich

Psychology Faculty Scholarship

In adult criminal court, cases involving juveniles can be decided by jurors rather than by family or juvenile court judges. It is, therefore, important to understand adults' perceptions of juvenile defendants and the factors that influence jurors' decisions in criminal cases involving juveniles. This research has value for research psychologists interested in legal decision making and for professionals within the legal system who seek to understand how jurors react to juveniles accused of crimes and how they reach their verdicts in cases involving juveniles. In this chapter, we consider three broad categories of factors that affect perceptions of juveniles: (1) …

When Reading Between The Lines Is Not Enough: Lessons From Media Coverage Of A Domestic Violence Homicide-Suicide, Elizabeth L. Macdowell

Scholarly Works

In October 2008, Karthik Rajaram murdered his wife, mother-in-law, sons and, ultimately, himself, in a wealthy Los Angeles suburb. This Article analyzes media reports about the deaths to illustrate the resilience of patriarchy and significant gaps in research and scholarship about domestic violence, and suggests a strategic approach to building counter-narratives about violence against women.

The Article is composed of five parts. Part I is the Introduction. Part II draws on narrative theory and critical media scholarship to lay the groundwork for analysis, and to show why media coverage of homicide-suicide is implicated in the production of dominant ideology.

Part …

Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett

Scholarly Works

The criminal justice system exacts a toll on some Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) communities. The experience of living in poverty and the concomitant exposure to a variety of governmental systems puts all poor, but especially LGBTQ low-income people of color, at risk of incarceration. What typically goes unexamined are the myriad ways that LGBTQ people are drawn into and experience the carceral system because of sexual identities and expression. This negative effect surfaces at every conceivable level: the marginalization and subsequent criminalization of queer youth; anti-gay bias in the judicial system; the rerouting of domestic violence cases …

How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger

Scholarly Works

We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing "a sea-change," family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income.

This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …

National Security Without Secret Laws: How Other Nations Balance National Security Interests And Transparency Of The Law, Sudha Setty

Faculty Scholarship

This Article explores the issues surrounding, and the arguments against, secret law by providing an international comparative perspective. As an example of secret law, the Author cites the lack of transparency surrounding the Bush Administration Department of Justice’s Office of Legal Counsel (OLC) March 2003 torture policy memorandum, which was kept secret for years before being declassified and disclosed in April 2008 in response to a Freedom of Information Act lawsuit. The Author examines the justifications given for nondisclosure, such as arguments that disclosure is incompatible with prioritizing national security. In brief, the Author rejects such a formulation, stating “[t]he …

A New Way For Lawyers To Assist Veterans, Hillary A. Wandler

Faculty Journal Articles & Other Writings

This article addresses the ever-increasing need for knowledgeable and effective veterans' advocates, and in particular, for veterans in Montana. The author notes that Montana Veterans Service Officers (VSOs) have demonstrated, effective representation can significantly increase a veteran's chance at submitting a successful benefits claim and nearly double a veteran's ultimate compensation. The author encourages Montana attorneys to come alongside Montana's VSOs to meet the legal needs of those who have served and are currently serving our country overseas and at home.

Campaign Finance Regulation: The Resilience Of The American Model, William Araiza

Faculty Scholarship

No abstract provided.

The Interpretation Of Multilingual Statutes By The European Court Of Justice, Lawrence Solan

Faculty Scholarship

No abstract provided.

The Future Of The Securities And Exchange Commission As A Market Regulator, Roberta S. Karmel

Faculty Scholarship

No abstract provided.