Public Law and Legal Theory Commons^™

The Work Of International Law, Monica Hakimi

Articles

This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view - what I call the "cooperation thesis" - is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; international law is widely depicted as dysfunctional when it does not satisfy the thesis. In particular, heated or intractable conflict is …

Putting Distribution First, Robert C. Hockett

Cornell Law Faculty Publications

It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in …

The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright

Theses and Dissertations--Linguistics

This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks …

Capital Sentencing For Children In Virginia In The Wake Of Miller V. Alabama And Montgomery V. Louisiana, Julie Ellen Mcconnell

Law Faculty Publications

Recent United States Supreme Court decisions have declared it unconstitutional to sentence a juvenile to mandatory life in prison without an opportunity for parole. Virginia, a state that abolished parole in 1995, has yet to recognize the federally mandated prohibition against disproportionate punishment imposed on juveniles, particularly in cases where the mandatory minimum sentence is life without parole. This article proposes the General Assembly should amend current laws that reflect the unconstitutionality of these statutes as applied to juveniles.

R. V. Safarzadeh-Markhali: Elements And Implications Of The Supreme Court's New Rigorous Approach To Construction Of Statutory Purpose, Marcus Moore

All Faculty Publications

The Supreme Court of Canada’s decision in Safarzadeh-Markhali holds great significance, beyond Criminal Law, in the area of Statutory Interpretation: in Markhali, the Court decisively endorses a new rigorous approach to construing legislative purpose. Previously, while legislation itself was long-interpreted utilizing rigorous approaches, legislative purpose was typically construed ad hoc while providing only summary justification. Markhali’s new framework is distinct from prior approaches in at least four ways: (1) It expressly acknowledges the critical importance of purpose construction in many cases; (2) It is conscious of how a less-than-rigorous approach risks being self-defeating of larger legal analyses in which the …

A Regulatory Theory Of Legal Claims, Maria J. Glover

Vanderbilt Law Review

Procedural law in the United States seeks to achieve three interrelated goals in our system of litigation: efficient processes that achieve "substantive justice" and deter wrongdoing, accurate outcomes, and meaningful access to the courts. For years, however, procedural debate, particularly in the context of due process rights in class actions, has been redirected toward more conceptual questions about the nature of legal claims-are they more appropriately conceptualized as individual property or as collective goods? At stake is the extent to which relevant procedures will protect the right of individual claimants to exercise control over their claims. Those with individualistic conceptions …

Enterprise Without Entities, Andrew Verstein

Michigan Law Review

Scholars and practicing lawyers alike consider legal entities to be essential. Who can imagine running a large business without using a business organization, such as a corporation or partnership? This Article challenges conventional wisdom by showing that vast enterprises—with millions of customers paying trillions of dollars—often operate without any meaningful use of entities.

This Article introduces the reciprocal exchange, a type of insurance company that operates without any meaningful use of a legal entity. Instead of obtaining insurance from a common nexus of contract, customers directly insure one another through a dense web of bilateral agreements. While often overlooked or …

The Regulation Of Student Financial Aid: Who Bears What Costs Matters Most, Andrew B. Whitford, Janet S. Whitford

University of Florida Journal of Law & Public Policy

No abstract provided.

Analyzing Holographic Wills In The Digital Age: Should Florida's Antagonistic Stance Be Liberalized In Light Of Other Jurisdictions' Leniency?, Aubrey G. Smith

University of Florida Journal of Law & Public Policy

No abstract provided.

"No Shots, No School, No Kidding": The Legal Profession Needs A Vaccine To Ensure Professionalism, Debra Moss Curtis

University of Florida Journal of Law & Public Policy

No abstract provided.

Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, Twinette L. Johnson

University of Florida Journal of Law & Public Policy

No abstract provided.

Reducing The Civil "Justice Gap" By Enhancing The Delivery Of Pro Bono Legal Assistance To Indigent Pro Se Litigants: A "Field" Assessment And Recommendations, Andrew H. Cohn

University of Florida Journal of Law & Public Policy

No abstract provided.

The "Faithless Elector" And 2016: Constitutional Uncertainty After The Election Of Donald Trump, Alexander Gouzoules

University of Florida Journal of Law & Public Policy

No abstract provided.

The Cost Of Character, Jennifer S. Hunt

University of Florida Journal of Law & Public Policy

No abstract provided.

Program And Ward Characteristica And Cost Savings Of Public Guardianship: An Evaluation Of The Florida Public Guardianship Program, Winsor C. Schmidt, Pamela B. Teaster, Marta Mendiondo, Jennifer Marcum, Tenzin Wangmo

University of Florida Journal of Law & Public Policy

No abstract provided.

A Teasing Illusion? Homelessness And The Right To Interstate Travel, Tim Donaldson

University of Florida Journal of Law & Public Policy

No abstract provided.

Undue Burden With A Bite: Shielding Reproductive Rights From The Jaws Of Politics, Niraj Thakker

University of Florida Journal of Law & Public Policy

No abstract provided.

A Landlord's Obligation To Protect The Sensitive Information Of Potential And Current Lessees' From Identity Theft, Danielle Drora Greenstein

University of Florida Journal of Law & Public Policy

No abstract provided.

Crypto-Currencies: The 21st Century's Money Laundering And Tax Havens, Edgar G. Sánchez

University of Florida Journal of Law & Public Policy

No abstract provided.

Promoting Dignity And Preventing Shame And Humiliation By Improving The Quality And Education Of Attorneys In Sexually Violent Predator (Svp) Civil Commitment Cases, Heather Ellis Cucolo, Michael L. Perlin

University of Florida Journal of Law & Public Policy

No abstract provided.