Public Law and Legal Theory Commons^™

Human Rights And Global Public Goods: The Sound Of One Hand Clapping?, Neil Walker

Indiana Journal of Global Legal Studies

Each operating in a presumptively general or universal register, 'public goods" and "human rights" are among the most popular and visible contemporary carriers of ideas of global law and governance and are therefore prime sources for any broader project of global justice. Their combination, moreover, holds out the prospect of a fertile engagement between the two core concerns of modern political morality our collective requirements and potential (public goods) and our individual dignity and well-being (human rights). Yet for all their ambition, public goods and human rights each face the formidable challenge of placing considerations of political authority and political …

Land Claim Settlement In Canadian Arctic: Pragmatism And Instrumentalism At Work, Diana Ginn

Articles, Book Chapters, & Popular Press

In Canada, comprehensive land claims based on Aboriginal title can be pursued through either litigation or negotiation. Generally, the relationship between litigation and negotiation of these claims is understood as one where the Supreme Court of Canada initially prodded the Canadian state to action, and then in a series of decisions developed the legal parameters within which the political realities of negotiation occur. Thus, settlement tends to follow and be shaped by the contours of the legal doctrine. However, settlement of land claims in Canada’s Arctic moved ahead of the case law in two key areas, as manifested in: (a) …

The High Cost Of Transferring The Dream, Kim Brooks

Articles, Book Chapters, & Popular Press

This paper is part of a larger project where I use the facts in tax decisions to reveal something about who we are. It looks through a small window into the lives of the people who find themselves caught between our collective and their individual expenditure aspirations. More specifically, it explores the circumstances in which individuals find that their outstanding tax debts pose a threat to their ability to maintain ownership of their home.

In this paper I use the facts of tax cases for two ends. First, I am interested in disrupting legal knowledge hierarchies. We choose cases to …

You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal

Fordham Urban Law Journal

No abstract provided.

Urban Commons As Property Experiment: Mapping Chicago's Farms And Gardens, Nate Ela

Fordham Urban Law Journal

No abstract provided.

Table Of Contents

Richmond Public Interest Law Review

Table of Contents for the Richmond Journal of Law and the Public Interest Symposium 2015 Issue

Confronting Power In Public Law, Kate Andrias

Faculty Scholarship

In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as “the ability to effect substantive policy outcomes by influencing what the government will or will not do.” As Levinson details, structural constitutional law has focused on how power is distributed among governmental institutions. It has not consistently or adequately considered how power is – or should be – distributed among social groups. Ultimately, Levinson suggests that the narrow focus of separation of powers law and theory on “equalizing the power of government institutions” lacks …

Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …

Government As Owner Of Intellectual Property? Considerations For Public Welfare In The Era Of Big Data, Ruth L. Okediji

Vanderbilt Journal of Entertainment & Technology Law

Open government data policies have become a significant part of innovation strategies in many countries, allowing access, use and re-use of government data to improve government transparency, foster civic engagement, and expand opportunities for the creation of new products and services. Rarely, however, do open data policies address intellectual property rights that may arise from free access to government data. Ownership of knowledge goods created from big data is governed by the default rules of intellectual property laws which typically vest ownership in the creator/inventor. By allowing, and in some cases actively encouraging, private capture of the downstream goods created …

Alternatives To March-In Rights, David S. Bloch

Vanderbilt Journal of Entertainment & Technology Law

The Bayh-Dole Act is an inspired piece of legislation. But its "march-in" provisions are too often a source of confusion and fear for private-sector companies that want to do business with the US government--despite the fact that the government has never exercised its march-in rights. Are there alternatives to march-in rights that would effectively serve the government's public policy needs while eliminating this perceived threat to private intellectual property rights? This Article describes march-in rights in theory and practice, and then weighs several alternatives to traditional Bayh-Dole march-in rights.

Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson

Faculty Articles

What is the constitutional significance of the proverbial “keep off the grass” sign? This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every …

Tax Planning And Policy Drift, Sloan G. Speck

Publications

This Article proposes a framework for analyzing how private-sector legal interpretations influence public policy. Political scientists and legal scholars use the terms “bureaucratic drift” and “legislative drift” to describe how administrative agencies and future legislative coalitions affect public policy enacted by Congress. This Article identifies a third category of policy drift: “planning drift.” Planning drift describes deviations from an enacting legislature’s policy preferences that result from private experts’ interpretations of existing law. After Congress enacts a statute, the first people to interpret and apply the new legislation generally are not regulators or judges, but instead are private experts, such as …

Affordable Care Act Fails For Lack Of Uniformity, Steven J. Willis, Hans G. Tanzler Iv

University of Florida Journal of Law & Public Policy

No abstract provided.

Still Searching For The Tzutzu Flower: Cautions Against Extending The Federal Analogue Act Of 1986, Audrey Redford

University of Florida Journal of Law & Public Policy

No abstract provided.

Copyright Infringement And The Fair Use Defense: Navigating The Legal Maze, Daniel P. Fernandez, H. Wayne Cecil, Alex R. Figares

University of Florida Journal of Law & Public Policy

No abstract provided.

Rated "M" For Misleading: How Deceptive, Anti-Consumer Practices In The Videogame Industry Became The New Norm, Luis Baez

University of Florida Journal of Law & Public Policy

No abstract provided.

Other Markets, Other Costs: Modernizing Antitrust, Jeffrey L. Harrison

University of Florida Journal of Law & Public Policy

No abstract provided.

Fixing Witness Oaths: Shall We Retire The Rewarder Of Truth And Avenger Of Falsehood?, Allan W. Vestal

University of Florida Journal of Law & Public Policy

No abstract provided.

"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, Sergio Garcia

University of Florida Journal of Law & Public Policy

No abstract provided.

Public Accomodation Statutes, Sexual Orientation And Religious Liberty: Free Access Of Free Exercise?, Lucien J. Dhooge

University of Florida Journal of Law & Public Policy

No abstract provided.

Emerging Clinical Research Demonstrates The Importance Of Adhering To Federal Sentencing Guidelines For Defendants Convicted Of Possession Of Child Pornography, Margaret A. Beck

University of Florida Journal of Law & Public Policy

No abstract provided.

Guerilla Warefare: The Importance Of Pharmaceutical Company Support, Or Lack Thereof, In The Constitutionality Of The Death Penalty In The United States, Megan Doyle

University of Florida Journal of Law & Public Policy

No abstract provided.

Reputation Will Teach The Sharing Economy To Share, Daniel K. Mcdonald

University of Florida Journal of Law & Public Policy

No abstract provided.

The Battle Of Disclosure Versus Privacy: Corporate Executives' Personal, Private Facts, Thomas Lair

University of Florida Journal of Law & Public Policy

No abstract provided.

These Aren't The Fees You're Looking For: Why Attorney's Fees Should Not Open The Door To Federal Court, Clay Weinstein

University of Florida Journal of Law & Public Policy

No abstract provided.

It's Not (Fundamentally) Fair!: The Right To Counsel On The Immigration Consequences Of Juvenile Misconduct, Joanna C. Kloet

University of Florida Journal of Law & Public Policy

No abstract provided.

Navigating Ground Zero: Immigration In The Fallout Of Mellouli And Johnson, Chris Tribbey

University of Florida Journal of Law & Public Policy

No abstract provided.

Why The Fbi's Justifiable Homicide Statistics Are A Misleading Measure Of Defensive Gun Use, Clayton E. Cramer

University of Florida Journal of Law & Public Policy

No abstract provided.

O'Bannon V. National Collegiate Athletic Association And The Current State Of Antitrust Jurisprudence Concerning Intercollegiate Athletics, Chris Bonti

University of Florida Journal of Law & Public Policy

No abstract provided.

The Law Of Stigma, Travel, And The Abortion-Free Island, Joanna Erdman

Articles, Book Chapters, & Popular Press

In 1988, the Supreme Court of Canada decriminalized abortion in R. v. Morgentaler. Almost immediately thereafter, the Maritime province of Prince Edward Island ("P.E.I.") passed a legislative resolution opposing the provision of abortion services on the Island except to save the life of a pregnant woman. P.E.I. is a small pastoral province of rolling hills and ocean coves in the St. Lawrence Gulf, and since 1988, through various regulatory actions, its government has honored this policy promise to keep the Island abortion-free and to preserve its moral landscape.

The same year that abortion was banished from P.E.I., Prince Edward Islanders …