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2012

Discipline
Institution
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Publication
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Articles 61 - 90 of 94

Full-Text Articles in Public Law and Legal Theory

Choosing Among Innocents: Should Donations To Charities Be Protected From Avoidance As Fraudulent Transfers?, Jeffrey Davis Jan 2012

Choosing Among Innocents: Should Donations To Charities Be Protected From Avoidance As Fraudulent Transfers?, Jeffrey Davis

University of Florida Journal of Law & Public Policy

No abstract provided.


A Fresh Cut In An Old Wound—A Critical Analysis Of The Trayvon Martin Killing: The Public Outcry, The Prosecutors' Discretion, And The Stand Your Ground Law, Tamara F. Lawson Jan 2012

A Fresh Cut In An Old Wound—A Critical Analysis Of The Trayvon Martin Killing: The Public Outcry, The Prosecutors' Discretion, And The Stand Your Ground Law, Tamara F. Lawson

University of Florida Journal of Law & Public Policy

No abstract provided.


Dodd-Frank: Frankly An Inefficient Form Of Corporate Governance, Matthew H. Nemeroff Jan 2012

Dodd-Frank: Frankly An Inefficient Form Of Corporate Governance, Matthew H. Nemeroff

University of Florida Journal of Law & Public Policy

No abstract provided.


The Roberts Court: Using The Taxing Power To Shape Individual Behavior, Mystica M. Alexander, Timothy Gagnon Jan 2012

The Roberts Court: Using The Taxing Power To Shape Individual Behavior, Mystica M. Alexander, Timothy Gagnon

University of Florida Journal of Law & Public Policy

No abstract provided.


Why We Should Never Pay Down The National Debt, Neil H. Buchanan Jan 2012

Why We Should Never Pay Down The National Debt, Neil H. Buchanan

UF Law Faculty Publications

Calls either to balance the federal budget on an annual basis, or to pay down all or part of the national debt, are based on little more than uninformed intuitions that there is something inherently bad about borrowing money. We should not only ignore calls to balance the budget or to pay down the national debt, but we should engage in a responsible plan to increase the national debt each year. Only by issuing debt to lubricate the financial system, and to support the economy’s healthy growth, can we guarantee a prosperous future for current and future citizens of the …


Nullifying The Debt Ceiling Threat Once And For All: Why The President Should Embrace The Least Unconstitutional Option, Neil H. Buchanan, Michael C. Dorf Jan 2012

Nullifying The Debt Ceiling Threat Once And For All: Why The President Should Embrace The Least Unconstitutional Option, Neil H. Buchanan, Michael C. Dorf

UF Law Faculty Publications

In August 2011, Congress and the President narrowly averted economic and political catastrophe, agreeing at the last possible moment to authorize a series of increases in the national debt ceiling. This respite, unfortunately, was merely temporary. The amounts of the increases in the debt ceiling that Congress authorized in 2011 were only sufficient to accommodate the additional borrowing that would be necessary through the end of 2012. In an economy that continued to show chronic weakness -- weakness that continues to this day -- the federal government would pre-dictably continue to collect lower-than-normal tax revenues and to make higher-than-normal expenditures, …


How To Choose The Least Unconstitutional Option: Lessons For The President (And Others) From The Debt Ceiling Standoff, Neil H. Buchanan, Michael C. Dorf Jan 2012

How To Choose The Least Unconstitutional Option: Lessons For The President (And Others) From The Debt Ceiling Standoff, Neil H. Buchanan, Michael C. Dorf

UF Law Faculty Publications

The federal statute known as the “debt ceiling” limits total borrowing by the United States. Congress has repeatedly raised the ceiling to authorize necessary borrowing, but a political standoff in 2011 nearly made it impossible to borrow funds to meet obligations that Congress had affirmed earlier that very year. Some commentators urged President Obama to ignore the debt ceiling, while others responded that such borrowing would violate the separation of powers and therefore that the president should refuse to spend appropriated funds. This Article analyzes the choice the president nearly faced in summer 2011, and which he or a successor …


A Neo-Chicago Perspective On Antitrust Institutions, Daniel A. Crane Jan 2012

A Neo-Chicago Perspective On Antitrust Institutions, Daniel A. Crane

Articles

It has long been fashionable to categorize antitrust by its "schools." From the Sherman Act's passage to World War II, there were (at least) neo-classical marginalism, populism, progressivism, associationalism, business commonwealthism, and Brandeisianism. From World War II to the present, we have seen (at least, and without counting the European Ordo-Liberals) PaleoHarvard structuralism, the Chicago School, Neo-Harvard institutionalism, and Post -Chicagoans. So why not Neo-Chicago? I am already on record as suggesting the possible emergence of such a school, so it is too late for me to dismiss the entire "schools" conversation as window-dressing. This Symposium is dedicated to defining …


What Does Tort Law Do? What Can It Do?, Scott Hershovitz Jan 2012

What Does Tort Law Do? What Can It Do?, Scott Hershovitz

Articles

It’s not hard to describe what tort law does. As a first approximation, we might say that tort empowers those who suffer certain sorts of injuries or invasions to seek remedies from those who brought about those injuries or invasions. The challenge is to explain why tort does that, or to explain what tort is trying to do when it does that. After all, it is not obvious that we should have an institution specially concerned with the injuries and invasions that count as torts.


The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox Jan 2012

The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox

Sea Grant Law Fellow Publications

No abstract provided.


Newport Harborwalk Public Access Issues, Nicholas Paine Jan 2012

Newport Harborwalk Public Access Issues, Nicholas Paine

Sea Grant Law Fellow Publications

No abstract provided.


Keep Your Friends Close But Your Auditors Closer: Corporations Risk Waiver When Independent Auditors Request Work Product, Daniel M. Reach Jan 2012

Keep Your Friends Close But Your Auditors Closer: Corporations Risk Waiver When Independent Auditors Request Work Product, Daniel M. Reach

University of Florida Journal of Law & Public Policy

No abstract provided.


Pushing Alice Down The Rabbit Hole: How Florida's Video Voyeurism Laws Protect Victims, Ramon Guillen Jr. Jan 2012

Pushing Alice Down The Rabbit Hole: How Florida's Video Voyeurism Laws Protect Victims, Ramon Guillen Jr.

University of Florida Journal of Law & Public Policy

No abstract provided.


The Full Faith And Credit Clause: Do Factual Executive Documents Require Equivalent Treatment Between States?, Darren A. Prum Jan 2012

The Full Faith And Credit Clause: Do Factual Executive Documents Require Equivalent Treatment Between States?, Darren A. Prum

University of Florida Journal of Law & Public Policy

No abstract provided.


Identity, Privacy And Crime: Privacy And Public Records In Florida, Martin A. Holland Jan 2012

Identity, Privacy And Crime: Privacy And Public Records In Florida, Martin A. Holland

University of Florida Journal of Law & Public Policy

No abstract provided.


Feeling Our Way Through The Clean Water Act: Pre-Enforcement Judicial Review Of The Epa Compliance Orders Under Sackett V. Environmental Protection Agency, Susan L. Stephens, Miguel Collazo Iii Jan 2012

Feeling Our Way Through The Clean Water Act: Pre-Enforcement Judicial Review Of The Epa Compliance Orders Under Sackett V. Environmental Protection Agency, Susan L. Stephens, Miguel Collazo Iii

University of Florida Journal of Law & Public Policy

No abstract provided.


The Journal's Twenty-Fifth Anniversary: Reflections From The Founding To Today, Scott D. Makar Jan 2012

The Journal's Twenty-Fifth Anniversary: Reflections From The Founding To Today, Scott D. Makar

University of Florida Journal of Law & Public Policy

No abstract provided.


Unpacking The First Prong Of The Strickland Standard: How To Identify Controlling Precedent And Determine Prevailing Professional Norms In Ineffective Assistance Of Counsel Cases, Gary Feldon, Tara Beech Jan 2012

Unpacking The First Prong Of The Strickland Standard: How To Identify Controlling Precedent And Determine Prevailing Professional Norms In Ineffective Assistance Of Counsel Cases, Gary Feldon, Tara Beech

University of Florida Journal of Law & Public Policy

No abstract provided.


Much Ado About Nothing - Prosecutorial Burden And The Sixth Amendment's Impact On Forensic Analysis, Tyler J. Hudson Jan 2012

Much Ado About Nothing - Prosecutorial Burden And The Sixth Amendment's Impact On Forensic Analysis, Tyler J. Hudson

University of Florida Journal of Law & Public Policy

No abstract provided.


The Community Planning Act: Market Over Planning, Zachary Jellson Jan 2012

The Community Planning Act: Market Over Planning, Zachary Jellson

University of Florida Journal of Law & Public Policy

No abstract provided.


Overview Of The Twenty-Fifth Anniversary Edition, Ronnell Robinzine Jan 2012

Overview Of The Twenty-Fifth Anniversary Edition, Ronnell Robinzine

University of Florida Journal of Law & Public Policy

No abstract provided.


Cloud Over Florida's Sunshine Laws, Jenna Leigh Fischman Jan 2012

Cloud Over Florida's Sunshine Laws, Jenna Leigh Fischman

University of Florida Journal of Law & Public Policy

No abstract provided.


From Tools To Toys—The Gutting Of The Infamous Primary Indicators: How The Florida Legislature Accidentally Encouraged Urban Sprawl . . . Again, Kathryn Barkett Rossmell Jan 2012

From Tools To Toys—The Gutting Of The Infamous Primary Indicators: How The Florida Legislature Accidentally Encouraged Urban Sprawl . . . Again, Kathryn Barkett Rossmell

University of Florida Journal of Law & Public Policy

No abstract provided.


Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank Jan 2012

Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank

Lisa PytlikZillig Publications

Regular public input into a city's budget is frequently associated with municipal budgeting in Brazilian cities, successes in public engagement that have been emulated around the world. American communities are adopting the practice to varying degrees. This paper will report on a five-year old public input program that is taking place in Lincoln, Nebraska, the capital city of a politically conservative state in the U.S. We discuss the processes we use to engage the public about the City's budget. The process includes regular online input as well as face-to-face, deliberative discussions. On occasions, random sample surveys also have been used. …


Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners, Gerald Korngold Jan 2012

Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners, Gerald Korngold

Articles & Chapters

No abstract provided.


On The Theoretical Foundations For Regulating Financial Markets, Katharina Pistor Jan 2012

On The Theoretical Foundations For Regulating Financial Markets, Katharina Pistor

Faculty Scholarship

How we think about financial markets determines how we regulate them. Since the 1970s modern finance theory has shaped how we think about and regulate financial markets. It is based on the notion that markets are or can be made (more) efficient. Financial markets have been deregulated when they were thought to achieve efficient outcomes on their own; and regulation was designed to lend crutches to them when it appeared that they needed support. While modern finance theory has suffered some setbacks in the aftermath of the global crisis, defenders hold that improving market efficiency should still be the overriding …


The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme Jan 2012

The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme

Sea Grant Law Fellow Publications

No abstract provided.


The First Amendment’S Borders: The Place Of Holder V. Humanitarian Law Project In First Amendment Doctrine, David Cole Jan 2012

The First Amendment’S Borders: The Place Of Holder V. Humanitarian Law Project In First Amendment Doctrine, David Cole

Georgetown Law Faculty Publications and Other Works

In Holder v. Humanitarian Law Project, the Supreme Court’s first decision pitting First Amendment rights against national security interests since the terrorist attacks of September 11, 2001, the Court appears to have radically departed from some of the First Amendment’s most basic principles, including the maxims that speech may not be penalized because of its viewpoint, that even speech advocating crime deserves protection until it constitutes incitement, and that political association is constitutionally protected absent specific intent to further a group’s illegal ends. These principles lie at the core of our political and democratic freedoms, yet Humanitarian Law Project …


A Look Back At Public Policy, The Legislature, The Courts And The Development Of Copyright Law In Singapore: Twenty-Five Years On, George S. S. Wei Jan 2012

A Look Back At Public Policy, The Legislature, The Courts And The Development Of Copyright Law In Singapore: Twenty-Five Years On, George S. S. Wei

Research Collection Yong Pung How School Of Law

The purpose of this article is to review the development of copyright law in Singapore over the past 25 years and to examine how public policy considerations have shaped legislative and judicial development of copyright law principles. The article begins with a review of legislative activity and includes a brief survey of the public consultation exercises that have taken place on reform proposals. Included is a discussion of statutory amendments in respect of exhaustion of rights and fair dealing. This is followed by a discussion of some copyright case law, with a view to identifying judicial copyright policy approaches and …


Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman Jan 2012

Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman

Faculty Publications

No abstract provided.