Public Law and Legal Theory Commons^™

From Integrity Agency To Accountability Network: The Political Economy Of Public Sector Oversight In Canada, Jamie Baxter

Articles, Book Chapters, & Popular Press

The federal integrity agencies that are delegated collective responsibility for public sector oversight in Canada face a common challenge to stabilize their ongoing independence from political control. While Parliament has delegated to these agencies key oversight functions that demand some degree of structural independence, they remain vulnerable to shifting political preferences and to an increasingly partisan national politics. This Article uses a political economy framework to theorize the objectives that shape political preferences for agency independence in Canada, and to suggest that structural innovations in the form of 'accountability networks' may provide one strategy to help stabilize those preferences over …

It's The Autonomy, Stupid!' A Modest Defense Of Opinion 2/13 On Eu Accession To The Echr, And The Way Forward, Daniel Halberstam

Articles

The Court of Justice of the European Union has arrived! Gone are the days of hagiography, when in the eyes of the academy and informed observers the Court could do no wrong. The pendulum has finally swung the other way. The judicial darling, if there is one today, is Strasbourg, not Luxembourg. Not hours had passed before the Court's 258-paragraph long Opinion 2/13 on the Draft Agreement on EU Accession to the European Convention on Human Rights was condemned as “exceptionally poor.” Critical voices have mounted steadily ever since, leading to nothing short of widespread “outrage.”

Is Using The Public Trust Doctrine To Protect Public Parkland From Visual Pollution Justifiable Doctrinal Creep?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

This Article asks whether the public trust doctrine should be applied to stop the construction of a multistory commercial building that will tower over the tree line of Palisades Interstate Park. The building, which received a variance from a local New Jersey zoning commission, will ruin views of the Park, particularly from scenic overlooks across the Hudson River in New York, like the Metropolitan Museum’s Cloisters and the George Washington Bridge. To make this argument, the author draws on the work of renowned public trust scholars, Professors Joseph Sax and Carol Rose, among others. Based on the doctrine’s adaptability to …

Community Lawyering: Introductory Thoughts On Theory And Practice, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

There are several fundamental questions that one might ask in seeking the meaning of the term "community lawyer." Albeit somewhat theoretical, the most basic questions involve delving into exactly what is meant by the term "community." For what, exactly, is the community-lawyer lawyering? Further, once a client has been identified, questions will arise about how the lawyer should relate to that client and about the role the lawyer ought to play in assisting the client to achieve its goals. There is a long and rich literature concerning the latter question but a fairly sparse body of legal writing on the …

Disappearing Claims And The Erosion Of Substantive Law, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s arbitration jurisprudence from the last five years represents the culmination of a three-decade-long expansion of the use of private arbitration as an alternative to court adjudication in the resolution of disputes of virtually every type of justiciable claim. Because privatizing disputes that would otherwise be public may well erode public confidence in public institutions and the judicial process, many observers have linked this decades-long privatization of dispute resolution to an erosion of the public realm. Here, I argue that the Court’s recent arbitration jurisprudence undermines the substantive law itself.

While this shift from dispute resolution in courts—the …

Disruption And Deference, Olivier Sylvain

Faculty Scholarship

Online video streaming applications enable users to watch over the-air broadcast programs at any time and almost on any device. As such, they challenge the pertinence of traditional video distribution law and the broadcast network system on which it is based. Congress enacted the Transmit Clause of the 1976 Copyright Act to resolve the high-stakes tussle between broadcasters and cable providers. But, today, that provision is ill-suited to resolving whether unauthorized streaming infringes on broadcasters’ copyright to perform works publicly. Its scope is ambiguous enough that judges across the country were notably divided on whether it reaches online video distribution—that …

Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James W. Diehm

University of Florida Journal of Law & Public Policy

No abstract provided.

Accountable Care Organizations: Realigning The Incentive Problems In The U.S. Health Care System, Nicholas Hodges

University of Florida Journal of Law & Public Policy

No abstract provided.

Regulating For The First Time The Decision To Grant Consumer Credit: A Look At The First Steps Taken By The United States And Australia, Jeffrey Davis

University of Florida Journal of Law & Public Policy

No abstract provided.

Redefining Professionalism, Rebecca Roiphe

University of Florida Journal of Law & Public Policy

No abstract provided.

The Role Of Climate Change Science And Standing In Climate Change Cases: Analysis And Implications, Susan M. Johns

University of Florida Journal of Law & Public Policy

No abstract provided.

Medical Advice And Vaccinating: What Liability?, Amanda Naprawa, Dorit Reiss

University of Florida Journal of Law & Public Policy

No abstract provided.

Courts' Elusive Search For The Meaning Of Intellectual Disability For Evaluating Atkins Claims, Susan Unok Marks

University of Florida Journal of Law & Public Policy

No abstract provided.

Edvard Much's "The Scream" Screams For Droit De Suite: Why Congress Should Enact A Federal Droit De Suite Statute Governing Artists' Resale Rights In The United States, Jacqueline Pasharikov

University of Florida Journal of Law & Public Policy

No abstract provided.

State Sanctioned Identity Theft: Why Personal Information Contained Within A Homeless Management Information System May Be Subject To Disclosure Under Florida's Public Records Laws, Michael S. Thomas

University of Florida Journal of Law & Public Policy

No abstract provided.

A Bribe New World: The Federal Government Gets Creative In Chasing Foreign Officials For Taking Bribes, Jorge Mestre

University of Florida Journal of Law & Public Policy

No abstract provided.

"When Fire Breaks Out": Recognizing The Inherently Dangerous Activity Of Prescribed Burning In Florida, Miguel Collazo Iii, D. Kent Safriet

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Biological Relationships And Intent V. Waiver In Establishing Protected Parental Rights, Susan M. Johns

University of Florida Journal of Law & Public Policy

No abstract provided.

Proposition Animal Welfare: Enabling An Irrational Public Or Empowering Consumers To Align Advertising Depictions With Reality?, Whitney R. Morgan

University of Florida Journal of Law & Public Policy

No abstract provided.

The New Drone State: Suggestions For Legislatures Seeking To Limit Drone Surveillance By Government And Nongovernment Controllers, Martin Mckown

University of Florida Journal of Law & Public Policy

No abstract provided.