Law and Society Commons^™

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.

Criminal Laws On Sex Work And Hiv Transmission: Mapping The Laws, Considering The Consequence, Sienna Baskin, Aziza Ahmed, Anna Forbes

Faculty Scholarship

Lawmakers historically justify the mobilization of criminal laws on prostitution and HIV as a means of controlling the spread of disease. Over time, however, public health research has conclusively demonstrated that criminal laws on prostitution and HIV significantly impede the ability of sex workers to access services and to live without the stigma and blame associated with being a transmitter of HIV. In turn, mainstream public health approaches to sex work and HIV emphasize decriminalization as a way to improve the lives of sex workers in need of care, treatment, and services. Our current legal system, which criminalizes both prostitution …

Countering The Plaintiff’S Anchor: Jury Simulations To Evaluate Damages Arguments, John Campbell, Bernard Chao, Christopher Robertson, David V. Yokum

Faculty Scholarship

Numerous studies have shown that anchoring strongly effects juries. For scholars and policymakers, this evidence is worrisome for the legitimacy and accuracy of jury decisions, especially in the domain of non-economic damages (e.g., pain and suffering). For litigators, this evidence had led some to believe that “the more you ask for, the more you get.” Others believe that the damage demand must pass the “straight-face” test. But little scholarly literature exist to determine whether an outrageously high request really does undermine the plaintiff’s credibility, and whether this “credibility” effect outweighs the anchoring effect.

Likewise, little scholarly attention considers whether a …

Confronting Power In Public Law, Kate Andrias

Articles

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 …

Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus

Articles

In Part I, I will describe the ways in which today's right-to-counsel challenges are similar to and different from those that faced the writers of the 1961 symposium. I will also explain in more detail why the structural conditions of criminal defense work to create (and, to some extent, always have created) a cultural problem in indigent defense delivery systems across the country. In Part II, I will discuss why I believe that we are, once again, facing a moment for potential reform, albeit reform that is different in scope and kind from that which was possible in the 1960s. …

Book Review Of Re-Understanding The Child's Right To Identity: On Belonging, Responsiveness And Hope, By Ya'ir Ronen, Michael L. Perlin

Other Publications

No abstract provided.

The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen

St. Mary's Law Journal

Abstract Forthcoming.

Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green

St. Mary's Law Journal

A party demanding money they are not entitled to becomes subject to the excessive demand doctrine. Because the excessive demand doctrine is an affirmative defense, a defending party must allege its claim of excessive demand in its pleadings. A party must “plead it, prove it, and obtain findings of fact on its essential elements.” To obtain findings on the issue, both the pleadings and the evidence are required to put a question or instruction before the jury. Ensuring that the evidence is enough depends upon the trial court—whose judgment will only be overturned upon a showing of an abuse of …