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Submissions from 2015

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Legal Education in Disruption: The Headwinds and Tailwinds of Technology, Jon M. Garon ExpressO (2015)

By harnessing improvements on communications and computational systems, law firms are producing a revolution in the practice of law. Self-help legal manuals have transformed into sophisticated interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess ... Read more

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Localism as a Production Imperative: An Alternative Framework to Promoting Intangible Cultural Heritage and Expressions of Folklore, Jon M. Garon ExpressO (2015)

In the United States, the policy of localism – the legislative goal of fostering local community expression and competence to deliver local content – finds its home in the Telecommunications Act rather than either the Copyright Act or Trademark Act. Other nations have introduced values of localism into trade policy, ... Read more

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Mortgaging the Meme: Financing and Managing Disruptive Innovation, Jon M. Garon ExpressO (2015)

Traditional financing of innovative companies emphasizes the use of patents and associated intellectual property rights to secure debt and provide assets for valuation. Although the model suffices for incremental innovation, it does not account for investments in disruptive innovation, those that undermine traditional business models, supply chains or industry relationships.

... Read more

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Rethinking Intangible Cultural Heritage and Expressions of Folklore: A Lesson from the FCC’s Localism Standards, Jon M. Garon ExpressO (2015)

This article reviews the underlying societal imperatives reflected in a policy of intangible cultural heritage and the intellectual property-like regimes being developed to protect these interests. It contrasts UNESCO efforts with more narrowly tailored efforts of WIPO and juxtaposes those approaches with the localism model developed under the FCC. While ... Read more

Submissions from 2014

Post-Adjudicatory Juvenile Defense Attorneys: More Thoughts on Reimaging Juvenile Justice, Megan F. Chaney 42 CapULRev 491 (2014)

Megan Chaney, Post-Adjudicatory Juvenile Defense Attorneys: More Thoughts on Reimaging Juvenile Justice, 42 Capital University Law Review 491 (2014).

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Commercializing the Digital Canvas: Renewing Rights of Attribution for Artists in the Networked Economy, Jon M. Garon 1 TexAMLRev 837 (2014)

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Education Rights and the New Due Process, Areto A. Imoukhuede

This Article argues for a human dignity-based, due process clause analysis to recognize the fundamental duty of government to provide high quality, public education. Access to public education is a fundamental duty, or positive fundamental right because education is a basic human need and a constituent part of all democratic ... Read more

Education Rights and the New Due Process, Areto A. Imoukhuede 47 IndLRev (2014)

Areto Imoukhuede, Education Rights and the New Due Process, 47 Indiana Law Review. This Article argues for a human dignity-based, due process clause analysis to recognize the fundamental duty of government to provide high quality, public education. Access to public education is a fundamental duty, or positive fundamental right because ... Read more

A Primer on the Use of Dangerous Trial Exhibits, Robert M. Jarvis 37 AmJTrialAdvoc (2014)

Robert Jarvis, A Primer on the Use of Dangerous Trial Exhibits, 37 American Journal of Trial Advocacy (2014).

Submissions from 2013

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Introduction: Wounds of War: Meeting the Needs of Active-Duty Military Personnel and Veterans with Post-Traumatic Stress Disorder, Kathy L. Cerminara 37 NovaLRev 439 (2013)

Kathy Cerminara, Introduction: Wounds of War: Meeting the Needs of Active-Duty Military Personnel and Veterans with Post-Traumatic Stress Disorder, 37 Nova Law Review 439 (2013).

Dog Days in the Law Library: Philosophical, Financial, and Administrative Issues Raised by Faculty Summer Grant Programs, Phyllis G. Coleman 37 NovaLRev 309 (2013)

Phyllis Coleman, Dog Days in the Law Library: Philosophical, Financial, and Administrative Issues Raised by Faculty Summer Grant Programs, 37 Nova Law Review 309 (2013).

2012 Survey of Juvenile Law, Michael J. Dale 37 NovaLRev 333 (2013)

Michael Dale, 2012 Survey of Juvenile Law, 37 Nova Law Review 333 (2013).

2013 Survey of Juvenile Law, Michael J. Dale 38 NovaLRev 81 (2013)

Michael Dale, 2013 Survey of Juvenile Law, 38 Nova Law Review 81 (2013).

Introduction: Wounds of War: Meeting the Needs of Active-Duty Military Personnel and Veterans with Post-Traumatic Stress Disorder, Olympia Duhart 37 NovaLRev 439 (2013)

Olympia Duhart, Introduction: Wounds of War: Meeting the Needs of Active-Duty Military Personnel and Veterans with Post-Traumatic Stress Disorder, 37 Nova Law Review 439 (2013).

Trick or Treat: The Application of the State Udap Stattutes to Government Agencies in the Florida Dependency Process, Michael Flynn 38 NovaLRev 101 (2013)

Michael Flynn, Trick or Treat: The Application of the State Udap Stattutes to Government Agencies in the Florida Dependency Process, 38 Nova Law Review 101 (2013).

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Digital Hollywood 2.0: Reimagining Film, Music, Television and Publishing Distribution as a Global Artist Collaborative, Jon M. Garon 21 Mich. St. U. Coll. L. IntI. L. Rev. 563 (2013)

Jon M. Garon, Digital Hollywood 2.0: Reimagining Film, Music, Television and Publishing Distribution as a Global Artist Collaborative, 21 Mich. St. Int'l L. Rev. 563 (2013).

The seven largest U.S. motion picture distributors control as much as ninety percent of the U.S. domestic box office and the majority of the ... Read more

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Legal Education in Disruption: The Headwinds and Tailwinds of Technology, Jon M. Garon 45 ConnLRev 1165 (2013)

By harnessing improvements on communications and computational systems, law firms are producing a revolution in the practice of law. Self-help legal manuals have transformed into sophisticated interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess ... Read more

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Tidying up the Internet: Take Down of Unauthorized Content under Copyright, Trademark and Defamation Law, Jon M. Garon 41 CapULRev 513 (2013)

As business clients make available an ever-increasing array of online content and services, the specter of liability for inappropriate online content looms large. Still, U.S. federal law protects businesses that adopt appropriate take-down regimes for copyright infringement, defamatory content, and even improper use of competitor’s trademarks. As business clients make ... Read more

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Freedom from Ignorance: the International Duty to Provide Public Education, Areto A. Imoukhuede

This paper argues that public education is an international human right that the U.S. ought to recognise and protect. Recognising a right to public education would correct a major inconsistency in U.S. law by bringing education rights docrtine more in line with international human rights law. This piece discusses how ... Read more

Dog Days in the Law Library: Philosophical, Financial, and Administrative Issues Raised by Faculty Summer Grant Programs, Robert M. Jarvis 37 NovaLRev 309 (2013)

Robert Jarvis, Dog Days in the Law Library: Philosophical, Financial, and Administrative Issues Raised by Faculty Summer Grant Programs, 37 Nova Law Review 309 (2013).

The Extradition Treaty Between Jamaica and the United States: Its History and the Saga of Christopher "Dudus" Coke", Kenneth L. Lewis 45 UMiamiInter-AmLRev 63 (2013)

Kenneth Lewis, The Extradition Treaty Between Jamaica and the United States: Its History and the Saga of Christopher "Dudus" Coke", 45 University of Miami Inter-American Law Review 63 (2013).

Assessing National Environmental Enforcement: Some Lessons from the United States' Experience, Joel A. Mintz 21 GeoInt'lEnvtlLRev 1 (2013)

Joel Mintz, Assessing National Environmental Enforcement: Some Lessons from the United States' Experience, 21 Georgia International Environmental Law Review 1 (2013). Environmental enforcement is widely seen as a vital component of the protection of public health and the natural environment. Many nations around the globe have created programs incorporating some ... Read more

Not "Special" Enough for Chapter 7: An Analysis of the Special Circumstances Provision of the Bankruptcy Code, Roma Perez 61 ClevStLRev 983 (2013)

Roma Perez, Not "Special" Enough for Chapter 7: An Analysis of the Special Circumstances Provision of the Bankruptcy Code, 61 Cleveland State Law Review 983 (2013).

Identity: Lesbian Lawyers in South Florida: An Oral History, Charlene Smith 38 NovaLRev 1 (2013)

Charlene Smith, Identity: Lesbian Lawyers in South Florida: An Oral History, 38 Nova Law Review 1 (2013).

Submissions from 2012

Below Investment Grade and Above the Law: A Past, Present and Future Look at the Accountability of Credit Rating Agencies, Marilyn Blumberg Cane 17 FordhamJCorp&FinL 1063 (2012)

Marilyn Cane, Below Investment Grade and Above the Law: A Past, Present and Future Look at the Accountability of Credit Rating Agencies, 17 Fordham Journal of Corporate & Finance Law 1063 (2012). This article covers the evolution of the credit rating industry, in particular, the noteworthy shift from purchaser-subscriber to ... Read more

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Below Investment Grade and above the Law: A Past, Present and Future Look at the Accountability of Credit Rating Agencies, Marilyn Blumberg Cane, Adam Shamir, and Tomas Jodar

This article covers the evolution of the credit rating industry, in particular, the noteworthy shift from purchaser-subscriber to issuer pay model. It then describes the history of SEC CRA regulatory measures, most notably the adoption of SEC Rule 436(g), adopted in 1982, which specifically eliminated liability for the big CRAs ... Read more

Keeping the Promise of Gault: Requiring Post-Adjudicatory Juvenile Defenders, Megan F. Chaney 19 GeoJOnPovertyL&Poli'y 351 (2012)

Megan Chaney, Keeping the Promise of Gault: Requiring Post-Adjudicatory Juvenile Defenders, 19 Georgia Journal on Poverty Law & Policy 351 (2012).

eHarmony and Homosexuals: A Match Not Made in Heaven, Phyllis G. Coleman 30 QuinnipiacLRev 727 (2012)

Phyllis Coleman, eHarmony and Homosexuals: A Match Not Made in Heaven, 30 Quinnipiac Law Review 727 (2012).

Establishing a Constitutional Right to Counsel for Teens in Child Welfare Matters and Assuming a Meaningful Right to Counsel in Delinquency Matters: The Legal Significance of Adolescent Development, Michael J. Dale 47 HarvCRCLLRev 529 (2012)

Michael Dale, Establishing a Constitutional Right to Counsel for Teens in Child Welfare Matters and Assuming a Meaningful Right to Counsel in Delinquency Matters: The Legal Significance of Adolescent Development, 47 Harvard Civil Rights-Civil Liberties Law Review 529 (2012).

The Kids Aren't Alright: Every Child Should Have an Attorney in Child Welfare Proceedings in Florida, Michael J. Dale 36 NovaLRev 345 (2012)

Michael Dale, The Kids Aren't Alright: Every Child Should Have an Attorney in Child Welfare Proceedings in Florida, 36 Nova Law Review 345 (2012). On Valentine's Day 2011, a ten-year-old girl, Nubia Barahona, was found dead in a garbage bag in the rear flatbed of the vehicle owned by her ... Read more

The Legal Significance of Adolescent Development on the Right to Counsel: Establishing the Constitutional Right to Counsel for Teens in Child Welfare Matters and Assuring Meaningful Right to Counsel in Delinquincy Matters, Michael J. Dale 47 HarvCRCLLRev 529 (2012)

Michael Dale, The Legal Significance of Adolescent Development on the Right to Counsel: Establishing the Constitutional Right to Counsel for Teens in Child Welfare Matters and Assuring Meaningful Right to Counsel in Delinquincy Matters, 47 Harvard Civil Rights-Civil Liberties Law Review 529 (2012).

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The Kids Aren't Alright: Every Child Should Have an Attorney in Child Welfare Proceedings in Florida, Michael J. Dale and Louis M. Reidenberg

On Valentine's Day 2011, a ten-year-old girl, Nubia Barahona, was found dead in a garbage bag in the rear flatbed of the vehicle owned by her adoptive father, Jorge Barahona. Victor Barahona, Nubia's twin brother, was also found in critical condition in the truck, which was parked just off I- ... Read more

Education and Pedagogy - On Identity and Instruction, Olympia Duhart 48 CalWLRev 453 (2012)

Olympia Duhart, Education and Pedagogy - On Identity and Instruction, 48 California Western Law Review 453 (2012).

Improving Legal and Latino Education: Cluster Introduction - Education and Pedagogy - On Identity and Instruction, Olympia Duhart 48 CalWLRev 453 (2012)

Olympia Duhart, Improving Legal and Latino Education: Cluster Introduction - Education and Pedagogy - On Identity and Instruction, 48 California Western Law Review 453 (2012).

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PTSD and Women Warriors: Causes, Controls and a Congressional Cure, Olympia Duhart

Women comprise the fastest growing segment of the veteran population. Among the 1.8 million female veterans, more than 230,000 women have served in Iraq or Afghanistan. More than 750 women have been wounded in action; 137 have been killed. By the military’s own estimates, almost 20 percent of female veterans ... Read more

PTSD and Women Warriors: Causes, Controls, and a Congressional Cure, Olympia Duhart 18 CardozoJL&Gender 327 (2012)

Olympia Duhart, PTSD and Women Warriors: Causes, Controls, and a Congressional Cure, 18 Cardozo Journal of Law & Gender 327 (2012). Women comprise the fastest growing segment of the veteran population. Among the 1.8 million female veterans, more than 230,000 women have served in Iraq or Afghanistan. More than 750 ... Read more

Personal Foul… Roughing the Taxpayer: The Irs' Triple Penalty on Hardship Distributions, Michael Flynn 17 FordhamJCorp&FinL 15 (2012)

Michael Flynn, Personal Foul… Roughing the Taxpayer: The Irs' Triple Penalty on Hardship Distributions , 17 Fordham Journal of Corporate & Financial Law 15 (2012).

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Beyond the First Amendment: Shaping the Contours of Commercial Speech in Video Games, Virtual Worlds and Social Media, Jon M. Garon 2 UtahLRev 607 (2012)

In Brown v. Entertainment Merchants Association (2011), the Supreme Court stated unequivocally that video games are entitled to the same broad First Amendment protections as those afforded to other media. But just as laws and regulations distinguish newspaper, magazine and television content from the advertising sold in those media, new ... Read more

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Death in Cyberspace - Protecting Digital Estates, Jon M. Garon 26 OhioLaw 12 (2012)

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Entertainment Law, Jon M. Garon 76 TulLRev 559 (2012)

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Mortgaging the Meme: Financing and Managing Disruptive Innovation, Jon M. Garon 10 NwJTechIntellPropiii 441 (2012)

Disruptive innovation can be described as the introduction of a new conceptual idea or meme into an existing system that causes the system to be fundamentally altered. Assembly lines, air conditioning, digital film, and personal computers represent such innovations, all of which led to fundamental paradigm shifts. The convergence of ... Read more

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Revolutions and Expatriates: Social Networking, Ubiquitous Media and the Disintermediation of the State, Jon M. Garon 11 JIntlBusL 293 (2012)

This article explores the modern disruption of the state as the territorial control over its citizens and the restructuring of these social structures caused by social media and the unmediated communication of the digital age. Nowhere has this transformation been greater than in the Middle East, a region shaped by ... Read more

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The Heart of the Deal: Intellectual Property Aspects in the Law and Business of Entertainment, Jon M. Garon 17 Journal of Intellectual Property Rights 443 (2012)

In the globalized media marketplace, intellectual property rights of copyright, trademark, trade secret and identity interests remain the critical building-blocks of property interests and business structures. At the same time, traditional media categories are blurring as projects are increasingly created as transmedia social audience engagement platforms.

Criminal Law: 2010-2012 Survey of Florida Law, Pearl Goldman 37 NovaLRev 1 (2012)

Pearl Goldman, Criminal Law: 2010-2012 Survey of Florida Law, 37 Nova Law Review 1 (2012).

California Drops the Ball: The Lack of a Clear Approach to Recklessness in Sport Injury Litigation, Joseph Hnylka 1 VaSports&EntLJ 77 (2012)

Joseph Hnylka, California Drops the Ball: The Lack of a Clear Approach to Recklessness in Sport Injury Litigation, 1 Virginia Sports & Entertainment Law Journal 77 (2012).

Is it Legal?: A Forgotten Gem of British Television, Robert M. Jarvis 52 AmJLegalHist 423 (2012)

Robert Jarvis, Is It Legal?: A Forgotten Gem of British Television, 52 American Journal of Legal History 423 (2012).

The Attorney Gag Rule in Consumer Bankruptcy Cases and the Continued Efficacy of it in a Post-Milavetz World, Ishaq Kundawala 43 UMemLRev 1 (2012)

Ishaq Kundawala, The Attorney Gag Rule in Consumer Bankruptcy Cases and the Continued Efficacy of it in a Post-Milavetz World, 43 University of Memphis Law Review 1 (2012).

EPA and the Challenges of Enforcing Future Greenhous Gas Litigation, Joel A. Mintz 9 U.S.-ChinaLRev 73 (2012)

Joel Mintz, EPA and the Challenges of Enforcing Future Greenhous Gas Litigation, 9 U.S. - China Law Review 73 (2012). Future U.S. legislation to curb the emission of greenhouse gases (GHGs) seems likely to include enforcement provisions and to give the U.S. Environmental Protection Agency (EPA) and individual U.S. states ... Read more

Sackett v. EPA and Judicial Interpretations of Environmental Statutes: What Role for NEPA?, Joel A. Mintz 42 EnvtlL 1027 (2012)

Joel Mintz, Sackett v. EPA and Judicial Interpretations of Environmental Statutes: What Role for NEPA?, 42 Environmental Law 1027 (2012). This Essay analyzes both the nature and practical importance of EPA administrative compliance orders and the (potential) precedential scope and significance of the U.S. Supreme Court’s decision in Sackett v. ... Read more

Can the City Council Praise the Lord? Some Ruminations About Prayers at Local Government Meetings, Marc Rohr 36 NovaLRev 481 (2012)

Marc Rohr, Can the City Council Praise the Lord? Some Ruminations About Prayers at Local Government Meetings, 36 Nova Law Review 481 (2012).

Human Trafficking: Trends in Africa, Florence Shu-Acquaye 16 GonzJInt'lL 1 (2012)

Florence Shu-Acquaye, Human Trafficking: Trends in Africa, 16 Gonzagas Journal of International Law 1 (2012).

Introduction to the Symposium, Athornia Steele 36 NovaLRev 309 (2012)

Athornia Steele, Introduction to the Symposium, 36 Nova Law Review 309 (2012).

Taking Limited Representation to the Limits: The Efficacy of Using Unbundled Legal Services in Domestic Relations Matter Involving Litigation, Michele Struffolino 2 St.Mary'sJLegalMal&Ethics 166 (2012)

Michele Struffolino, Taking Limited Representation to the Limits: The Efficacy of Using Unbundled Legal Services in Domestic Relations Matter Involving Litigation, 2 St. Mary's Journal of Legal Malpractice & Ethics 166 (2012).

Act Deux: Confidentiality after the Florida Mediation Confidentiality and Privilege Act, Fran L. Tetunic 36 NovaLRev 79 (2012)

Fran Tetunic, Act Deux: Confidentiality after the Florida Mediation Confidentiality and Privilege Act, 36 Nova Law Review 79 (2012).

Submissions from 2011

Recent Developments Concerning Preferred Stockholder Rights Under Delaware Law, Marilyn Blumberg Cane 5 VaL&BusRev 377 (2011)

Marilyn Cane, Recent Developments Concerning Preferred Stockholder Rights Under Deleware Law, 5 Virginia Law & Business Review 377 (2011). This is a timely article focusing on the conflicting duties owed to preferred and common stockholders. Delaware is the leading corporate law jurisdiction in the United States. Preferred stock is a ... Read more

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Recent Developments Concerning Preferred Stockholder Rights under Delaware Law, Marilyn Blumberg Cane, Joong-Sik Choi, and Scott B. Gitterman

This is a timely article focusing on the conflicting duties owed to preferred and common stockholders. Delaware is the leading corporate law jurisdiction in the United States. Preferred stock is a key component in angel and venture capital transactions. Historically the Delaware courts have accepted as a general principle the ... Read more

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Black Swans and Black Elephants in Plain Sight: An Empirical Review of Central Bank and Independence, Timothy A. Canova

This paper critically reviews the empirical economic literature that seeks to correlate central bank independence with low inflation rates; discusses the relationship between central bank accountability, economic growth, income and wealth distribution, and financial stability; analyzes the contested theoretical views of central bank independence, and considers the constitutional issues raised ... Read more

Black Swans and Black Elephants in Plain Sight: An Empirical Review of Central Bank Independence, Timothy A. Canova 14 ChapLRev 237 (2011)

Timothy Canova, Black Swans and Black Elephants in Plain Sight: An Empirical Review of Central Bank Independence, 14 Chapman Law Review 237 (2011). This paper critically reviews the empirical economic literature that seeks to correlate central bank independence with low inflation rates; discusses the relationship between central bank accountability, economic ... Read more

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Hospice and Health Care Reform: Improving Care at the End of Life, Kathy L. Cerminara 17 Widener L. Rev. 443 (2011)

Health care reform focused on coverage of hospice care in significant ways. Specifically, the Patient Protection and Affordable Care Act (the Act) recognized the value in accessing hospice services as soon as possible by (1) immediately authorizing concurrent payment for curative and palliative care to children with Medicaid coverage and ... Read more

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Schiavo Revisited? The Struggle for Autonomy at the End of Life in Italy, Kathy L. Cerminara 12 MarquetteUnivElder'sAdvisor 295 (2011)

Kathy Cerminara, Schiavo Revisited? The Struggle for Autonomy at the End of Life in Italy, 12 Marquette University Elder's Advisor 295 (2011). Politically strident debates surrounding end-of-life decisionmaking have surfaced once again, this time across the Atlantic in Italy. Eluana Englaro died early this year after a prolonged court fight, ... Read more

It's Raining Cats and Dogs… Government Lawyers Take Note: Differential Licensing Laws Generate Revenue, Reduce Costs, Protect Citizens, and Save Lives, Phyllis G. Coleman 40 StetsonLRev 393 (2011)

Phyllis Coleman, It's Raining Cats and Dogs… Government Lawyers Take Note: Differential Licensing Laws Generate Revenue, Reduce Costs, Protect Citizens, and Save Lives, 40 Stetson Law Review 393 (2011).

Online Dating: When "Mr. (Or Ms.) Right" Turns Out All Wrong, Sue The Service!, Phyllis G. Coleman 36 OklaCityULRev 139 (2011)

Phyllis Coleman, Online Dating: When "Mr. (Or Ms.) Right" Turns Out All Wrong, Sue The Service!, 36 Oklahoma City University Law Review 139 (2011).

Attorney Discipline Nationwide: A Comparative Analysis of Process and Statistics, Debra Moss Curtis 35 JofLegalProf 209 (2011)

Debra Curtis, Attorney Discipline Nationwide: A Comparative Analysis of Process and Statistics, 35 Journal of the Legal Profession 209 (2011). This purpose of this article is to examine the process and statistics of attorney discipline nationwide and draw conclusions about information about them available to the public who may be ... Read more

2010 Survey of Juvenile Law, Michael J. Dale 35 NovaLRev 137 (2011)

Michael Dale, 2010 Survey of Juvenile Law, 35 Nova Law Review 137 (2011).

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2011 Survey of Juvenile Law, Michael J. Dale

Atypically, the Supreme Court of Florida was not active during the past year, deciding no cases in the juvenile law field. On the other hand, the intermediate appellate courts were active both in the delinquency area and in the dependency field. As in the past, decisions in the delinquency area ... Read more

2011 Survey of Juvenile Law, Michael J. Dale 36 NovaLRev 179 (2011)

Michael Dale, 2011 Survey of Juvenile Law, 36 Nova Law Review 179 (2011). Atypically, the Supreme Court of Florida was not active during the past year, deciding no cases in the juvenile law field. On the other hand, the intermediate appellate courts were active both in the delinquency area and ... Read more

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Providing Attorneys for Children in Dependency and Termination of Parental Rights Proceedings in Florida: The Issue Updated, Michael J. Dale

Florida's system for providing protection and safety to children in the State's child welfare system has changed over the past decade. Regretfully, the changes do not appear to have had a significant impact in two areas: increasing the safety and protection of children in the system' and providing children with ... Read more

Reflections on Rothko and Writing: A Response to Pierre Schlag's Lecture on the State of Legal Scholarship, Olympia Duhart 35 NovaLRev 513 (2011)

Olympia Duhart, Reflections on Rothko and Writing: A Response to Pierre Schlag's Lecture on the State of Legal Scholarship, 35 Nova Law Review 513 (2011).

Soldier Suicides and Outcrit Jurisprudence: An Anti-Subordination Analysis, Olympia Duhart 44 CreightonLRev 883 (2011)

Olympia Duhart, Soldier Suicides and Outcrit Jurisprudence: An Anti-Subordination Analysis, 44 Creighton Law Review 883 (2011).

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The Work Made for Hire Doctrine Revisited: Startup and Technology Employees and the Use of Contracts in a Hiring Relationship, Jon M. Garon MinnJLSciTech 489 (2011)

Often, a copyrighted work is not created by one or even two authors but, instead, by a multitude of authors. Corporate brochures include text drafted by copywriters working in conjunction with other staff members, graphic designers, photographers and others. Most business works are created as a work made for hire, ... Read more

Religious Convictions: The Law of Blasphemy in Ireland, Pearl Goldman 32 AdelaideLRev 265 (2011)

Pearl Goldman, Religious Convictions: The Law of Blasphemy in Ireland, 32 Adelaide Law Review 265 (2011). This article examines Ireland’s blasphemy law in its historical, constitutional, and European context and analyses its interpretational difficulties. It also argues that domestic and international blasphemy laws not only fail to solve the problems ... Read more

Regulating for Sustainability: The Legality of Carrying Capacity-Based Environmental and Land Use Permitting Decisions, Richard Grosso 35 NovaLRev 711 (2011)

Richard Grosso, Regulating for Sustainability: The Legality of Carrying Capacity-Based Environmental and Land Use Permitting Decisions, 35 Nova Law Review 711 (2011).

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The Fifth Freedom: The Constitutional Duty to Provide Public Education, Areto Imoukhuede

“The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – unhampered by arbitrary barriers of race or birth or income.” Lyndon B. Johnson This article argues that education is a fundamental human right that ... Read more

The Fifth Freedom: The Constitutional Duty to Provide Public Education, Areto A. Imoukhuede 22 UFlaJL&PubPol'y 45 (2011)

Areto Imoukhuede, The Fifth Freedom: The Constitutional Duty to Provide Public Education, 22 University of Florida Journal of Law and Public Policy 45 (2011). “The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – ... Read more

Teaching Admiralty Popularly, Robert M. Jarvis 55 StLouisULJ 541 (2011)

Robert Jarvis, Teaching Admiralty Popularly, 55 Saint Louis University Law Journal 541 (2011).

Unveiling the Mystery History and Problems Associated with the Jurisdictional Limitations of Bankruptcy Courts Over Personal Injury Tort and Wrongful Death Claims, Ishaq Kundawala 42 McGeorgeLRev 739 (2011)

Ishaq Kundawala, Unveiling the Mystery History and Problems Associated with the Jurisdictional Limitations of Bankruptcy Courts Over Personal Injury Tort and Wrongful Death Claims, 42 McGeorge Law Review 739 (2011).

"We Can Work it Out": Using Cooperative Mediation - a Blend of Collaborative Law and Traditional Mediation - to Resolve Divorce Disputes, Elena Langan 30 RevLitig 245 (2011)

Elena Langan, "We Can Work it Out": Using Cooperative Mediation - a Blend of Collaborative Law and Traditional Mediation - to Resolve Divorce Disputes, 30 Review of Litigation 245 (2011).

Making Students Practice-Ready Is Not About Verisimilitude, James B. Levy 18 Lteach 24 (2011)

James Levy, Making Students Practice-Ready Is Not About Verisimilitude, 18 The Law Teacher 24 (2011).

Avoiding Statutory Restrictions on Appointment of Personal Representatives in Florida, Jani Maurer 36 NovaLRev 141 (2011)

Jani Maurer, Avoiding Statutory Restrictions on Appointment of Personal Representatives in Florida, 36 Nova Law Review 141 (2011).

Use and Disposition of Life Insurance in Dissolution of Marriage, Jani Maurer 57 BarryLRev (2011)

Jani Maurer, Use and Disposition of Life Insurance in Dissolution of Marriage, Barry Law Review 57 (2011).

Diversity, Specificity, and Environmental Policymaking: An Introduction, Joel A. Mintz 35 NovaLRev 583 (2011)

Joel Mintz, Diversity, Specificity, and Environmental Policymaking: An Introduction, 35 Nova Law Review 583 (2011).

EPA Enforcement of CERLA: Historical Overview and Recent Trends, Joel A. Mintz 3 WidenerLRev 531 (2011)

Joel Mintz, EPA Enforcement of CERLA: Historical Overview and Recent Trends, 3 Widener Law Review 531 (2011). This article traces the historical development of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) against potentially responsible parties (PRPs) by the United States Environmental Protection Agency (EPA). It considers the various ... Read more

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Commercial or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond

Commercial or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond 36 NovaLRev 115 (2011)

Michael Richmond, Commercial or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, 36 Nova Law Review 115 (2011).

Children, and HIV/AIDS in Africa: Hopes and Dreams Through Education, Florence Shu-Acquaye 4 HumanRts&GlobalizationLRev 87 (2011)

Florence Shu-Acquaye, Children, and HIV/AIDS in Africa: Hopes and Dreams Through Education, 4 Human Rights & Globalization Law Review 87 (2011).

Divergence to Convergence? A Comparative International Law Analysis of LGBTI Rights in the Context of Rce and Post-Colonialism, James D. Wilets 21 DukeJComp&Int'lL 631 (2011)

James Wilets, Divergence to Convergence? A Comparative International Law Analysis of LGBTI Rights in the Context of Rce and Post-Colonialism, 21 Duke Journal of Comparative & International Law 631 (2011).

Rule of Law in Haiti Before and After the 2010 Earthquake, James D. Wilets 6 St.ThomasInterculturalHumLRev 181 (2011)

James Wilets, Rule of Law in Haiti Before and After the 2010 Earthquake, 6 St. Thomas Intercultural Human Rights Law Review 181 (2011).

Submissions from 2010

Sexting and Teenagers: OMG R U Going 2 Jail???, Catherine Arcabascio 16 RichJL&Tech 10 (2010)

Catherine Arcabascio, Sexting and Teenagers: OMG R U Going 2 Jail???, 16 Richmond Journal of Law & Technology 10 (2010). Sexting is a relatively recent practice engaged in by the young, and sometimes not-so-young, and foolish. "Sexting" is "the practice of sending or posting sexually suggestive text messages and images, ... Read more

The Illusory Imputation of Income in Marital Settlement Agreements: The Future Ain't What it Used to Be, Timothy Arcaro 35 NovaLRev 157 (2010)

Timothy Arcaro, The Illusory Imputation of Income in Marital Settlement Agreements: The Future Ain't What it Used to Be, 35 Nova Law Review 157 (2010).

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The Illusory Imputation of Income in Marital Settlement Agreements: "The Future Ain't What It Used to Be", Timothy L. Arcaro

Can a Florida trial court lawfully enforce a provision in a marital settlement agreement that imputes future income to one of the spouses for purposes of calculating child support? Consider the following hypothetical: husband and wife were married for three years during which the wife remained out of the workforce ... Read more

Gideon's Ghost: Providing the Sixth Amendment Right to Counsel in Times of Budgetary Crisis, Heather Baxter 2010 MichStLRev 341 (2010)

Heather Baxter, Gideon's Ghost: Providing the Sixth Amendment Right to Counsel in Times of Budgetary Crisis, 2010 Michigan State Law Review 341 (2010). This Article discusses how the budget crisis, caused by the recent economic downturn, has created a constitutional crisis with regard to the Sixth Amendment Right to Counsel. ... Read more

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Gideon's Ghost: Providing the Sixth Amendment Right to Counsel in Times of Budgetary Crisis, Heather P. Baxter

This Article discusses how the budget crisis, caused by the recent economic downturn, has created a constitutional crisis with regard to the Sixth Amendment Right to Counsel. The landmark case of Gideon v. Wainwright required states, under the Sixth Amendment, to provide free counsel to indigent criminal defendants. However, as ... Read more

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Introduction: Remembering Stephanie Feldman Aleong, Kathy L. Cerminara 34 NovaLRev 565 (2010)

Kathy Cerminara, Introduction: Remembering Stephanie Feldman Aleong, 34 Nova Law Review 565 (2010).

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Pandora's Dismay: Eliminating Coverage-Related Barriers to Hospice Care, Kathy L. Cerminara 11 Fl. Coastal L. Rev. 107 (2010)

Dying Medicare recipients currently must accept the inevitability of impending death before Medicare will fund hospice services. Such a state of affairs is far from optimal, for hospice services provide both physical and psychological benefits long before patients have accepted their fates. This article explores the history and philosophy of ... Read more

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La Caja de Pandora: Improving Access to Hospice Care among Hispanic and African-American Patients, Kathy L. Cerminara and Alina M. Perez 10 HousJHealthL&Pol'y 255 (2010)

Many patients clinging to hope in the form of potentially curative treatment could benefit from hospice services, but, for the most part, it is not until the patient accepts the finality of his or her condition that the physical, psychological and social benefits of hospice care become accessible to the ... Read more

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Walking the Legal Tightrope: Solutions for Achieving a Balanced Life in Law, Leslie L. Cooney

For over twenty years, issues surrounding women and their status in the legal profession have been documented, analyzed, and reported. The American Bar Association (ABA) Commission on Women in its 1988 study concluded that a thorough reexamination of attitudes and structures within the legal profession was needed to remedy the ... Read more

Walking the Legal Tightrope: Solutions for Achieving a Balanced Life in Law, Leslie Larkin Cooney 47 SanDiegoLRev 421 (2010)

Leslie Cooney, Walking the Legal Tightrope: Solutions for Achieving a Balanced Life in Law, 47 San Diego Law Review 421 (2010). For over twenty years, issues surrounding women and their status in the legal profession have been documented, analyzed, and reported. The American Bar Association (ABA) Commission on Women in ... Read more

Curriculum Mapping: Bringing Evidence-Based Frameworks to Legal Education, Debra Moss Curtis 34 NovaLRev 473 (2010)

Debra Curtis, Curriculum Mapping: Bringing Evidence-Based Frameworks to Legal Education, 34 Nova Law Review 473 (2010). This article explains the concept of curriculum mapping as used in the education profession and explains how it was applied in a mapping initiative at the NSU Law Center. Curriculum mapping is a process ... Read more

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Curriculum Mapping: Bringing Evidence-Based Frameworks to Legal Education, Debra Moss Curtis and David M. Moss

This article explains the concept of curriculum mapping as used in the education profession and explains how it was applied in a mapping initiative at the NSU Law Center. Curriculum mapping is a process by which education professionals “document their own curriculum, then share and examine each other’s curriculums for ... Read more

With a Little Help From My Friends: The Attorney's Role in Assisting Pro Se Litigants in Negotiations, Lynn Epstein 13 T.M.CooleyJPrac&ClinicalL 11 (2010)

Lynn Epstein, With a Little Help From My Friends: The Attorney's Role in Assisting Pro Se Litigants in Negotiations, 13 Thomas M. Cooley Journal of Practical & Clinical Law 11 (2010).