Public Law and Legal Theory Commons^™

Good Deficits: Protecting The Public Interest From Deficit Hysteria, Neil H. Buchanan

UF Law Faculty Publications

President Obama has come under increasingly fierce criticism for the size of the federal budget deficit, as both Democratic and Republican politicians loudly proclaim that federal spending should be cut. This article explains why such anti-deficit fervor is misguided and simplistic, and why, perhaps counter-intuitively, cutting government spending can hurt the country, rather than help it, in both the short run and the long run. In the short run, cutting deficit spending can be disastrous to the economy, especially if the economy is already in decline. In addition, because the federal budget fails to separate spending that provides long-term benefits …

Harry Potter And The Trouble With Tort Theory, Scott Hershovitz

Articles

Economists argue that tort law promotes an efficient allocation of resources to safety, while philosophers contend that it dispenses corrective justice. Despite the divide, the leading tort theories share something in common: they are grounded in an unduly narrow view of tort. Both economists and philosophers confuse the institution of tort law with the rules that are distinctive of it. They offer theories of tort's substantive rules, but for the most part ignore the procedures by which those rules are implemented. As a consequence, both miss and misconstrue much about tort law. The problem is particularly acute for economists. They …

Feminist Legal Theory As Embodied Justice, Roxanne Mykitiuk, Isabel Karpin

Articles & Book Chapters

This chapter examines a shift within feminist legal theory from a central concern with sexual difference to one of embodied difference. The subject at the center of this theorizing is marked by bodily (as opposed to sexual) difference from the normative, self-actualizing individual of legal subjecthood. Bioethical and biotechnological inquiries too are concerned with bodily differentiation. Bodies discussed in these contexts are often anomalous or pathologized. They are brought under scrutiny, when they deviate from what is often regarded as "normal," that which is both valorized for its "species typicality" and, by extension, held out as the "natural" state of …

Handshake Deals: The Future Of Informal State Agreements And The Interstate Compacts Clause, Todd Jefferson Hartley

University of Florida Journal of Law & Public Policy

No abstract provided.

Pornography As Pollution, John Copeland Nagle

Maryland Law Review

No abstract provided.

Balance Of Silence: Weighing The Right To Remain Silent Against The Right Of Access To Florida Civil Courts, Matthew C. Lucas

University of Florida Journal of Law & Public Policy

No abstract provided.

The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto A. Imoukhuede

University of Florida Journal of Law & Public Policy

No abstract provided.

Remarks On Dealing With Conflict In The Courts And In The Media: Dedication Of The Martin H. Levin Advocacy Center Courtroom, David Westin

University of Florida Journal of Law & Public Policy

No abstract provided.

Lowering Values: The Federal Estate Tax And The American Farmer, Alicia Leanne Taylor

University of Florida Journal of Law & Public Policy

No abstract provided.

Gulf Coast Blowout: How The Bp Oil Spill Is Corroding Communities And What Attorneys & Policymakers Must Do To Stop It, Fay Pappas

University of Florida Journal of Law & Public Policy

No abstract provided.

Applying The Narrow Proportionality Principle To Juvenile Offenders, Daniel Cardenal

University of Florida Journal of Law & Public Policy

No abstract provided.

Perry V. Schwarzenegger: A Judicial Attack On Traditional Marriage, Chad M. Muir

University of Florida Journal of Law & Public Policy

No abstract provided.

Killing The Messenger: The Intersection Between Sex Trafficking, Planned Parenthood & The Marginalization Of Youth Victims, Sarah Primrose

University of Florida Journal of Law & Public Policy

No abstract provided.

Closing The Kitchen? Digensting The Impact Of The Federal Menu Labeling Law In The Affordable Care Act, Lauren Slive

University of Florida Journal of Law & Public Policy

No abstract provided.

From Enlightened Positivism To Cosmopolitan Justice: Obstacles And Opportunities, Steven Ratner

Book Chapters

This paper explores the possibilities for linkages between various forms of positivism accepted by many international lawyers and various forms of cosmopolitanism advocated by scholars of global justice. Building on Bruno Simma's conception of "enlightened positivism," it identifies areas in which cosmopolitan trends have already seeped into the fabric of international law and the key gaps between positivist and cosmopolitan visions of international law and the international community. Emphasizing the contributions that philosophical inquiry can add to international legal scholarship, and vice-versa, it concludes with some thoughts on further integration of cosmopolitan thinking into positivist methodologies.

Beyond Public/Private: Understanding Excessive Corporate Prerogative, John A. Powell, Stephen Menendian

Kentucky Law Journal

This article makes the case against excessive corporate prerogative by revealing ways in which the exercise of corporate power to protect and relentlessly pursue corporate interests subverts our democracy with harmful consequences for democratic accountability, civil rights, human rights, the economy, the environment, privacy, individual freedom and the nation's welfare.

Hot Crimes: A Study In Excess, Steven P. Grossman

All Faculty Scholarship

Societies appear to be subject, every now and then, to periods of moral panic. . . . [I]ts nature is presented in a stylized and stereotypical fashion by the mass media; the moral barricades are manned by editors, bishops, politicians and other right thinking people; socially accredited experts pronounce their diagnoses and solutions; ways of coping are evolved or (more often) restored to; . . . sometimes the panic passes over and is forgotten . . . at other times it has more serious and long-lasting repercussions and might produce such as those in legal and social policy or even …

Biological Metaphors For Whiteness: Beyond Merit And Malice, Brant T. Lee

Akron Law Faculty Publications

The problem of persistent racial inequality is grounded in a failure of imagination. The general mainstream conception is that unfair racial inequality occurs only when there is intentional racism. Absent conscious racial malice, no racism is seen to exist. The only generally available alternative explanation for racial inequality is the meritocratic system. Viewing the distribution of resources as a product of a generally fair meritocratic system provides a defense against any charge of racism, and justifies the status quo.

But in economics, business, computer science, and even biology, observers of complexity are coming to understand how dominant systems can prevail …

Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury

Faculty Publications

This article examines the global export of domestic U.S. legal projects and strategies in the realm of family law and gender justice to South Asia. While such projects have undoubtedly achieved substantial gains for women in the U.S., there have also been costs. At a remove of two decades, scholars have now begun to theorize those costs and argue that feminism needs to reconsider its commitments to particular projects that have been held central to women’s emancipation. Yet much of these critiques have not reached the transnational women’s movements that are led by U.S. feminist activists and scholars. Relying on …

L'Interprétation Systémique: Le Liant Du Droit International, Giovanni Distefano, Petros C. Mavroidis

Faculty Scholarship

Systemic Interpretation in International and WTO Law: The Glue of the International Legal Order

The authors endeavour to emphasis the paramount role of systemic interpretation, provided for and codified in Article 31 (3) c) of the 1969 Vienna Convention on the Law of Treaties, in the light of both general international and WTO Law. This short essay ultimately leads to the confirmation that this hermeneutics method accrues by all means to the cementation of the international legal order.