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Articles 31 - 60 of 60
Full-Text Articles in Public Law and Legal Theory
Improving The Tax Code To Provide Meaningful And Effective Tax Incentives For Higher Education, Amy J. Oliver
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
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
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
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
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
Chicanas/Os, "Liberty" And Roger B. Taney, Guadalupe T. Luna
University of Florida Journal of Law & Public Policy
No abstract provided.
A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger
A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger
LLM Theses and Essays
Part II of this thesis discusses the common law background of the assumption of risk and how it fits into the scheme of negligence principles as an affirmative defense. Part II also examines the background of assumption of risk and parallels its development with contributory negligence principles. Part III looks at how the assumption of risk has been redefined and narrowed in its application as comparative fault principles gained favor. It includes an examination of statutory erosion and in modern judicial activism. Next, Part IV examines how the assumption of risk, particularly the secondary form, conflicts with comparative fault and …
Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier
Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier
Articles
The law of takings couples together matters that should be treated independently. The conventional view, shared by courts and commentators alike, has been that any takings case can be resolved in one of two ways: either there is a taking and compensation is due, or there is no taking and no compensation is due. These results are fine as long as one holding or the other serves the two central concerns of the Takings Clause - eficiency and justice. But a problem arises when the two purposes behind the law of takings come into cordhct, as they readily might. It …
A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman
A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman
Articles
Now I know how the Munchkins felt. Here I have been, toiling in the fields of Evidenceland for some years, laboring along with others to show how use of Bayesian probability theory can assist in the analysis and understanding of evidentiary problems.' In doing so, we have had to wage continuous battle against the Bayesioskeptics-the wicked witches who deny much value, even heuristic value, for probability theory in evidentiary analysis.2 Occasionally, I have longed for law-and-economics scholars to help work this field, which should be fertile ground for them.3 So imagine my delight when the virtual personification of law and …
Linking The Visions, Donald J. Herzog
Linking The Visions, Donald J. Herzog
Other Publications
Professor Donald Herzog talks about his teaching and work.
Rethinking Intervention In Environmental Litigation, Carl W. Tobias
Rethinking Intervention In Environmental Litigation, Carl W. Tobias
Law Faculty Publications
Intervention in Public Law Litigation: The Environmental Paradigm (Environmental Paradigm) substantially enhances understanding of intervention in federal environmental disputes. These controversies are a critical type of modern civil lawsuit and perhaps constitute the quintessential form of public law litigation. Professor Peter Appel comprehensively reviews the lengthy history of the intervention mechanism, scrutinizes the substantial 1966 revision of Federal Rule of Civil Procedure 24, and closely examines the phenomenon of public law litigation and intervention in it.
Professor Appel finds that federal district court judges liberally grant requests to intervene in these cases, although he asserts that some legal scholars have …
Board Of Behavioral Sciences, Tasha Soroosh
Board Of Behavioral Sciences, Tasha Soroosh
California Regulatory Law Reporter
No abstract provided.
Department Of Corporations, Kelly Ann Debie
Department Of Corporations, Kelly Ann Debie
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California, Peter Sansom
Dental Board Of California, Peter Sansom
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Charlotte Wilder
Board Of Registered Nursing, Charlotte Wilder
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, Tatiana Rodriguez
Board Of Optometry, Tatiana Rodriguez
California Regulatory Law Reporter
No abstract provided.
Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth
Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth
Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Michelle J. Hubbard
Veterinary Medical Board, Michelle J. Hubbard
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, Tasha Soroosh
Office Of Administrative Law, Tasha Soroosh
California Regulatory Law Reporter
No abstract provided.
Bureau Of State Audits, J. D. Fellmeth
Bureau Of State Audits, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Little Hoover Commission, Elisa D'Angelo Weichel
Little Hoover Commission, Elisa D'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Legislative Analyst's Office, J. D. Fellmeth
Legislative Analyst's Office, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Senate Office Of Research, Elisa D'Angelo Weichel
Senate Office Of Research, Elisa D'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton
Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton
Articles
No abstract provided.
After The "Social Meaning Turn": Implications For Research Design And Methods Of Proof In Contemporary Criminal Law Policy Analysis, Bernard E. Harcourt
After The "Social Meaning Turn": Implications For Research Design And Methods Of Proof In Contemporary Criminal Law Policy Analysis, Bernard E. Harcourt
Faculty Scholarship
The social norm movement in criminal justice has received a lot of attention in academic and public policy circles. This essay critically examines social norm writings and explores some of the implications for methods of proof and research design in the social sciences. In the process, the essay offers an alternative theoretical approach. This alternative focuses on the multiple ways in which the social meaning of practices (such as juvenile gun possession, gang membership, or disorderly conduct) and the social meaning of policing techniques (such as juvenile snitching policies, youth curfews, or order-maintenance policing) may shape us as contemporary subjects …
Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog
Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog
Reviews
In this elegantly written, provocative, and sometimes just plain provoking book, punctuated by bits of anguish and rather more pique, Richard Ellis worries that the American Left has been so passionate about equality that it has run roughshod over liberty. So put, the thesis is not exactly news. It has been the recurrent lament of conservative indictments- Tocqueville's is the canonical statement, but he has plenty of precursors and followers. And it has its scholarly variations, too, such as Arthur Lipow, Authoritarian Socialism in America: Edward Bellamy and the Nationalist Movement (1982). No profound surprises are on offer here.
Private Order And Public Institutions, Ellen D. Katz
Private Order And Public Institutions, Ellen D. Katz
Reviews
In Private Order Under Dysfunctional Public Order, John McMilan and Christopher Woodruff describe the private institutions that order commercial transactions in developing economies where commercial actors view the formal legal regime as unreliable. Presenting evidence from surveys of market participants in several Eastern European countries and in Vietnam, McMillan and Woodruff depict a system of private order that requires formal organization and the creation of institutions to share information and coordinate multiparty responses. These institutions do not simply offer a viable alternative to public procedures, but also enable commercial transactions to occur where the vacuum in public order would otherwise …