Public Law and Legal Theory Commons^™

The Paradox Of Paternity Establishment: As Rights Go Up, Rates Go Down, W. Craig Williams

University of Florida Journal of Law & Public Policy

No abstract provided.

Public Policy For A Networked Nation, Gerald R. Faulhaber

University of Florida Journal of Law & Public Policy

No abstract provided.

The Ten Commandments On Schoolroom Walls? Why Did The Supreme Court Reject The 1978 Kentucky Statute (Stone V. Graham)? Could Such A Law Succeed?, Paul Grimley Kuntz

University of Florida Journal of Law & Public Policy

No abstract provided.

Same-Sex Harassment Claims Under Title Vii: Quick V. Donaldson Co. Breathes New Life Into The Post-Garcia State Of The Law, Michelle Angelone

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Ad Valorem Taxation Exemptions And Statutory Enactments, Richard Buxman

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: The Redefinition Of "Minority" And Its Impact On Political Structure Equal Protection Analysis (Coalition For Economic Equity V. Wilson, 110 F.3d 1431 (9th Cir. 1997)), Michael G. Moore

University of Florida Journal of Law & Public Policy

No abstract provided.

Regulation's Role In Creatign Competition In Telephone Service Markets: The Experience Of The California Public Utilities Commission, Paul W. Macavoy

University of Florida Journal of Law & Public Policy

No abstract provided.

The Property Rights Movement And Historic Preservation In Florida: The Impact Of The Bert J. Harris, Jr. Private Property Protection Act, John T. Marshall

University of Florida Journal of Law & Public Policy

No abstract provided.

The Modification Of Final Judgment: Its Logic And Echoes, Peter Temin, Joseph Weber

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Forfeiture, Innocence Is Not A Defense (Bennis V. Michigan, 116 S. Ct. 994 (1996)), Henry G. Gyden

University of Florida Journal of Law & Public Policy

No abstract provided.

Wholesale Pricing And The Telecommunications Act Of 1996: Guidelines For Compliance With The Avoided Cost Rule, Alexander C. Larson

University of Florida Journal of Law & Public Policy

No abstract provided.

The Media And Fear Of Crime: A Survey Of The Research, Sarah Eschholz

University of Florida Journal of Law & Public Policy

No abstract provided.

The Legal Literature On Slapps: A Look Behind The Smoke Nine Years After Professors Pring And Canan First Yelled "Fire!", Joseph W. Beatty

University of Florida Journal of Law & Public Policy

No abstract provided.

The Takings-Puzzle Puzzle, James E. Krier

Articles

My aim here is to unpack the regulatory takings problem in a way that suggests why it is intractable. The idea is to reveal some of the different types of ambiguity necessarily entailed in takings cases. Seeing these ambiguities, we readily can understand why the doctrine in this area is so confused and confusing; why there is, in short, a "takings puzzle." To my mind, it is much more difficult to understand why anyone would expect matters to be otherwise. This oddity I call the "takings-puzzle puzzle."

The "Chief Executive" And The Quiet Constitutional Revolution, Cynthia R. Farina

Cornell Law Faculty Publications

Fair Use In American And Continental Laws, Omar M.A. Obeidat

LLM Theses and Essays

Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …

Permissible Accommodation Of Religion And The Alternative Burden, Ei Ichiro Takahata

LLM Theses and Essays

In this thesis, the author discusses the extent to which the government can afford to give accommodation within the limits of the Establishment Clause. In Chapter II, the author reviews the theory of the permissible accommodation referred to in the Supreme Court of the United States. In Chapter III, the author examines scholarly debates on the accommodation. Then, the author discusses German and Japanese law of the accommodation in Chapter IV. There, those cases suggest the possibility of alternative burdens on religious believers. The alternative burdens are considered the price of the accommodation. The author concludes that the government has …

Legal Aspects Of The Internet, Etienne Pichat

LLM Theses and Essays

This thesis will explain the legal aspects of the Internet so that users who wish to protect their rights and avoid liability can log on with a better understanding of the rules of the game. This work will be divided into two chapters. The first chapter will focus on existing legal regulation of the Internet to advise users on which law is relevant, and how to solve problems of conflicts of laws in the cyberworld. It will answer the question of whether cyberspace is, or not, a "no laws land", and what kind of regulation would better fit the cyberworld. …

Review Of On Voluntary Servitude: False Consciousness And The Theory Of Ideology, Donald J. Herzog

Reviews

Michael Rosen brings intoxicating erudition and an elegant if elusive prose style to crack—or pulverize—one of the most venerable chestnuts of social theory, the theory of ideology. For Rosen, the two central elements of that theory are (1) that societies are self-maintaining systems and (2) that they produce false consciousness in their members precisely because it helps to maintain society. And for Rosen, the theory is, well, a spectacular mess. Despite the efforts of such analytical Marxists as G. A. Cohen, he urges, no such view can be reconstructed in ways that begin to comport with our ordinary standards for …

Freedom Of Assembly And The Right To Passage In Modern English Legal History , Rachel Vorspan

Faculty Scholarship

This Article suggests, on the broadest level, that the history of the "right to passage" in the past two centuries is explicable only in terms of the complex interaction between formal legal doctrine on the one hand and social and political pressures on the other. Specific challenges to public order significantly shaped the evolution of legal rules, but these rules, once established, constrained official action and compelled the authorities at critical junctures to develop countervailing strategies. This exploration confirms that neither an externalist nor internalist approach to legal history by itself adequately explains historical change and, moreover, that the relative …

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.

Ten Years Of Takings, Gregory S. Alexander

Cornell Law Faculty Publications

No area of property law has been more controversial in the past decade than takings. No aspect of constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the just compensation question. No question concerning constitutional property is more intractable than what sorts of government regulatory actions constitute uncompensated "takings" of private property.

Limitations of space, not to mention my own ambivalence about many of the issues, prevent me from developing a complete normative theory of the proper scope of the Takings Clause. My aim here is vastly more modest: to outline the basic …

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …

Judicial Review Of Petitions, Cynthia R. Farina

Cornell Law Faculty Publications

Senate bill 343, at least, is careful to say that upon denial of a petition, the denial should be deemed "agency action" for purposes of judicial review. Only at one point in the legislation does the statute speak explicitly to the standard, and that's with respect to the petition for putting an existing major rule on the schedule for analysis. The bill says that the agency's action shall be overturned by the court only on the determination that the action was arbitrary and capricious or an abuse of discretion, which is what we assumed the standard would have been for …

David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham

Michigan Law Review

A Review of David L. Shapiro, Federalism: A Dialogue

Reading The Legal Process, Anthony J. Sebok

Michigan Law Review

A Review of Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in eh Making and Application of Law

Overcoming Posner, Gerard V. Bradley

Michigan Law Review

A Review of Richard A. Posner, Overcoming Law

The Concept Of Law Revisited, Leslie Green

Michigan Law Review

A Review of H.L.A. Hart, The Concept of Law Second Edition

Libertarianism With A Twist, Heidi Li Feldman

Michigan Law Review

A Review of Richard A. Epstein, Simple Rules for a Complex World

Public Choice, Public Opinion, And The Fuller Court, Jonathan R. Macey

Vanderbilt Law Review

Everyone has his own, personal view about what role the United States Supreme Court should play in American political life. Conservatives of the Robert Bork variety prefer that supreme court justices treat congressional enactments with great deference and respect.' Liberals of the Laurence Tribe persuasion like judges to take an active role in ensuring certain individual rights, such as the right to abortion, while giving Congress latitude to regulate in the sphere of economic rights. Libertarians of the Bernard Siegan orientation strenuously deny the difference between economic liberties and other sorts of human rights and would have judges actively protect …