Public Law and Legal Theory Commons^™

Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink

Faculty Scholarship

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …

Power, Parliament And Prorogation: A Canadian Political Drama, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

Rarely have Canadians (or Americans!) been so riveted by political life in Ottawa as during the late days of November and the early days of December, 2008. The nature of this focus on Canada’s Parliament was not the kind of positive energy that surrounded American President-elect Obama’s historic election victory a few weeks before, but rather a negative and nervous energy characterized by disbelief, disgust and surprise. In a time of economic crisis rivaled only by the Great Depression of the 1930s, Canada was being plunged into a political crisis not seen since 1926, when then-Governor General Byng denied then-Prime …

Envisioning The Future Of Aboriginal Health Under The Health Transfer Process, Constance Macintosh

Articles, Book Chapters, & Popular Press

The Canadian government, and many Aboriginal communities, are committed to formally transferring varying aspects of governance responsibilities from federal hands to Aboriginal ones. These transfers take various forms, from creating Aboriginal political bodies with broad sets of governance powers, as was the case with the Nisga'a Treaty of 2000, to more partial transfers of specific powers or responsibilities, or types of responsibilities. One core transfer area is public health programming, for which there are specific and highly developed initiatives dating back to around 1989. Although it is expected that these initiatives will, overall, have very positive effects for improving the …

Relational Theory And Health Law And Policy, Jennifer Llewellyn, Jocelyn Downie

Articles, Book Chapters, & Popular Press

Relational theory starts from an understanding of human selves as relational. This theory informs some significant current developments in the areas of philosophy, ethics and legal theory that re-envision key concepts including autonomy, equality, rights, justice, memory, trust, judgment and identity. In this paper we introduce relational theory and begin to explore some of its implications for health law and policy. In doing so, we hope to show the relevance of each field to the other and to persuade those interested in health law and policy to take up the challenge to pursue the transformative potential of relational theory through …

Judicial Policy - Making And The Peculiar Function Of Law, Richard Kay

Faculty Articles and Papers

While the nature of legal systems is a perpetually contested question, it is fairly uncontroversial that each must contain certain essential characteristics. First, each must suppose some picture of the appropriate way for human beings subject to it to live together in society. Second, to secure that proper arrangement, each must employ, to a greater or lesser degree, the device of general rules of conduct. Finally, in all but the simplest systems, the effectiveness of those rules must be guaranteed by some process of adjudication. The relationships among these three factors - social values, legal rules and judging - comprise …

Securing The Rule Of Law Through Interpretive Pluralism: An Argument From Comparative Law, Richard Stith

Law Faculty Publications

Can law rule? For law to rule, it must be enforced. But when law is enforced, not it but its enforcers may rule. To bind those enforcers firmly to the law, they, too, would have to be subjected not only to law but also to a still stronger force—which itself may then be lawless. The very effort to secure the rule of law appears to lead instead to ever more powerful human rulers.

Put another way: If we abolish the police and the courts, in order to leave people truly “not under man but under God and the law,”1 we …

Deconstructing Equity: Public Ownership, Agency Costs, And Complete Capital Markets, Ronald J. Gilson, Charles K. Whitehead

Faculty Scholarship

The traditional law and finance focus on agency costs presumes that the premise that diversified public shareholders are the cheapest risk bearers is immutable. In this Essay, we raise the possibility that changes in the capital markets have called this premise into question, drawn into sharp relief by the recent private equity wave in which the size and range of public companies being taken private expanded signficantly. In brief, we argue that private owners, in increasingly complete markets, can transfer risk in discrete slices to counterparties who, in turn, can manage or otherwise diversify away those risks they choose to …

Lawfare And Legal Ethics In Guantánamo, David Luban

Georgetown Law Faculty Publications and Other Works

This paper, part of a symposium on the legal profession, focuses on the lawyers – some civilian and some military – who represent detainees at Guantánamo Bay. These include civilian counsel representing Guantánamo prisoners in habeas proceedings, as well as civilian and military defense counsel for those facing trial before military commissions. Using published sources as well as interviews with some of the lawyers, the paper examines the tactics by which the U.S. government has tried to disrupt the effective representation of Guantánamo detainees. In the case of habeas lawyers, whose very presence at Guantánamo is unwelcome by the government, …

The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler

NYLS Law Review

No abstract provided.

From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman

NYLS Law Review

No abstract provided.

Public Law As The Law Of The Res Publica, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

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

University of Florida Journal of Law & Public Policy

No abstract provided.

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

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

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

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

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

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

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

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

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

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

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

University of Florida Journal of Law & Public Policy

No abstract provided.

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

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

University of Florida Journal of Law & Public Policy

No abstract provided.