Other Law Commons^™

The Hardening Of Soft Law In Securities Regulation, Roberta S. Karmel, Claire Kelly

Faculty Scholarship

No abstract provided.

Open Tenancies-In-Common, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Pitfalls Ahead: A Manifesto For The Training Of Lawyers, Anita Bernstein

Faculty Scholarship

No abstract provided.

For-Profit Philanthropy, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Burden Of Knowledge, Christian Turner

Scholarly Works

Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …

Prosecuting Worker Endangerment: The Need For Stronger Criminal Penalties For Violations Of The Occupational Safety And Health Act, David M. Uhlmann

Articles

A recent spate of construction deaths in New York City, similar incidents in Las Vegas, and scores of fatalities in recent years at mines and industrial facilities across the country have highlighted the need for greater commitment to worker safety in the United States and stronger penalties for violators of the worker safety laws. Approximately 6,000 workers are killed on the job each year1—and thousands more suffer grievous injuries—yet penalties for worker safety violations remain appallingly small, and criminal prosecutions are almost non-existent. In recent years, most of the criminal prosecutions for worker safety violations have been brought by the …

Revocation Of Police Officer Certification: A Viable Remedy For Police Misconduct?, Roger L. Goldman, Steven Purro

All Faculty Scholarship

We take it as a given that any profession or occupation, which involves interaction with the public, will be regulated by a state agency. Accountants, architects, attorneys, barbers, cosmeticians, dentists, etc. are all required to undergo training, meet selection standards and, if they seriously misbehave, they will have their licenses or certificates revoked by the board or commission which regulates that profession. Until fairly recently, there was no license or professional certificate issued by a state agency for law enforcement officers. That meant that an officer, who had successfully completed his police academy training and received a diploma, could be …

Richmond Law Magazine: Winter 2009, University Of Richmond

Richmond Law Magazine

Right Place, Right Time: New downtown center expands Law School connections with the Richmond community

The Feedback Loop: The effect of human behavior on the law

Court Appeal: Alumni clerks gain experience in federal appellate courts

Reaching Out: Minority students enrich the school and profession

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

Faculty Publications

No abstract provided.

The Limitations Of Majoritarian Land Assembly, Daniel B. Kelly

Journal Articles

In their article, Land Assembly Districts, Professors Michael Heller and Rick Hills address the collective action problem arising from excessively fragmented land. They propose an innovative solution: Land Assembly Districts (or LADs). In this Article, I raise several concerns regarding LADs in particular and majoritarian land assembly in general. LADs rely on majority voting by a neighborhood's existing owners. Yet majority voting, coupled with the possibility of heterogeneity, means that LADs may both approve socially undesirable assemblies and disapprove socially desirable ones. LADs also permit owners to bargain over a project's surplus. But such bargaining creates additional costs for developers, …

No More Secret Laws: How Transparency Of Executive Branch Legal Policy Doesn't Let The Terrorists Win, Sudha Setty

Faculty Scholarship

One of the key hallmarks of a democratic nation is that there are no secret laws. In the post-September 11, 2001 era, the George W. Bush administration relied on national security concerns and the unitary executive theory of presidential power as justifications for maintaining secret legal policies that govern parts of the war on terrorism that affect serious issues of human rights and civil liberties. These legal policies sometimes staked out positions that are at odds with legislation, treaties, and court decisions—but the parameters of the executive branch legal policies were sometimes unknown because of the lack of public disclosure. …

Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine

Scholarly Works

In this Essay, Levine focuses on a particular hermeneutic approach common to the interpretation of the Torah and the United States Constitution: a presumption against superfluity. This presumption accords to the text a considerable degree of omnisignificance, requiring that interpreters pay careful attention to every textual phrase and nuance in an effort to find its legal meaning and implications. In light of this presumption, it might be expected that normative interpretation of both the Torah and the Constitution would preclude a methodology that allows sections of the text to remain bereft of concrete legal application. In fact, however, both the …

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Scholarly Works

No abstract provided.

Sprawl In Europe And America, Michael Lewyn

Scholarly Works

Defenders of suburban sprawl assert that sprawl is inevitable in affluent societies, based on trends in Western Europe. According to supporters of this Inevitability Theory, European cities have decentralized and become more car-dependent, thus proving that even where governments are more aggressively anti-sprawl than American government, anti-sprawl policies will be futile.

This Article compares Western Europe to the United States, and criticizes the Inevitabilty Theory on the grounds that:

(1) Europe is in fact far less automobile-dependent than the United States;
(2) Europe has not, contrary to the Inevitability Theory's claims, become more car-dependent and suburbanized in recent years; and …

Salt Equalizer, Vol. 2008, Issue 4, 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.

Hazel Weiser, New Co-Presidents Aldana and Bender and Four New Members Elected to SALT Board, at 4.

Ruben Garcia, Join Us at the Annual SALT Awards Dinner on January 9, 2009, in San Diego, at 4.

Camille Nelson, January 2009 Cover Workshop at the AALS Annual Meeting: "The Way Forward: The Post Election 2008 Progressive Agenda," at 5.

SALT Co-President Margaret Martin Barry to Receive Pincus Award at AALS Conference, at 5.

Jane Dolkart, …

The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein

Faculty Scholarship

No abstract provided.

Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Museletter: October 2008, Suzanne Corriell

Museletter

This Issue:

A Blast from the Past...

Blast from the Past, Part 2

A Banned Books Week Quiz

From the Suggestion Box

Law at the Movies: Bottle Shock by Gail Zwirner

Corriell Promoted to Head of Reference/Research Services

Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Masthead

FIU Law Review

No abstract provided.

Publisher

FIU Law Review

No abstract provided.

Message From The Editor, Chris B. Carbot

FIU Law Review

No abstract provided.

Cluster I: Critical Politics And Jurisprudence, Charles R. Venator Santiago

FIU Law Review

No abstract provided.

Language And Domination: The Word “Indian” And Its Use In The First Years Of The Republic In Colombia, Gina Cabarcas Macía

FIU Law Review

No abstract provided.

Table Of Contents

FIU Law Review

No abstract provided.

Challenging Lies Latcrit Style: A Critical Race Reflection Of An Ally To Latina/O Immigrant Parent Leaders, Veronica Nelly Velez

FIU Law Review

No abstract provided.

K. En Guantánamo, Hugo Rojas

FIU Law Review

No abstract provided.

The Growing Role Of American Legal Culture, José María Monzón

FIU Law Review

No abstract provided.

Teaching Law In A Multicultural, Multilingual Context, Pamela Edwards, Raquel Gabriel, Donna Lee, David Nadvorney

FIU Law Review

No abstract provided.