Faculty Scholarship

Faculty Scholarship

 

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Submissions from 2023

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Targeting School Shootings: Using Three Warning Signs—Animal Abuse, Domestic Violence, and Conduct Disorder—To Help Prevent Massacres, Phyllis Coleman 32 Widener Commw. L. Rev. 65 (2023)

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Lost (It All) in Space: The Legality of Extra-Terrestrial Gambling, Robert M. Jarvis 47 J. SPACE L. 119 (2023)

Is gambling in outer space legal under United States law? With commercial space flights now almost routine, and gambling growing by leaps and bounds, this question is becoming more pressing by the day. As it happens, three existing federal criminal laws— dating, respectively, from 1790, 1825, and 1951—make it clear ... Read more

Submissions from 2022

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When AI Goes to War: Corporate Accountability for Virtual Mass Disinformation, Algorithmic Atrocities, and Synthetic Propaganda, Jon M. Garon 49 N. Ky. L. Rev. 181 (2022)

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A History of the West Nutshells, Robert M. Jarvis 114 L. LIB. J. 31 (2022)

No single source provides a detailed history of the West Nutshell Series. This is rather surprising, given that the books are routinely relied on by both law students and lawyers and have been cited in multiple court opinions. Accordingly, this article provides the first detailed look at the series’ birth, ... Read more

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Florida’s Judicial Ethics Rules: History, Text, and Use, Robert M. Jarvis 76 U. Miami L. Rev. 982 (2022)

A handy summary of Florida’s federal and state judicial ethics codes does not exist. As a result, Florida attorneys and judges often must invest considerable time and effort when a question of judicial ethics arises. To assist such queries, this article provides a comprehensive description of both the Florida Code ... Read more

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Gambling in the Northern Mariana Islands, Robert M. Jarvis 26 Gaming L. Rev. 316 (2022)

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Remembering Isaiah: I.H. Spears and the 1921 Tulsa Race Massacre, Robert M. Jarvis 57 Tulsa L. Rev. 429 (2022)

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Senior v. Morris: America’s First Reported Gambling Case, Robert M. Jarvis 26 Gaming L. Rev. 203 (2022)

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Daubert/Kumho Tire and the Legal Malpractice Expert Witness, Warren Trazenfeld and Robert M. Jarvis 12 St. Mary’s J. Legal Mal. & Ethics 372 (2022)

In legal malpractice cases, parties almost always end up using expert witnesses. Whether a particular legal malpractice expert is qualified to testify often is a hotly contested issue. In this Article, the authors provide recommendations for how to qualify a legal malpractice expert and how to challenge a legal malpractice ... Read more

Submissions from 2021

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Social Justice, Civil Rights, and Bioethics, Kathy Cerminara 50 Stetson L. Rev. 265 (2021)

A stunning confluence of events in the United States in the first few months of 2020 have illustrated pervasive systemic prejudice against vulnerable people resulting in increased risk of death. Combined and situated among other, similar incidents too numerous to mention here, they present an opportunity for bioethicists to help ... Read more

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Our Brains Beguil'd: Copyright Protection for AI Created Works, Vicenc Feliu 25 U.S.F. Intell. Prop. & Tech. L.J. 105 (2021)

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Dysregulating the Media: Digital Redlining, Privacy Erosion, and the Unintentional Deregulation of American Media, Jon M. Garon 73 Me. L. Rev. 45 (2021)

Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook, and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right to manage over-the-air broadcasting. As ... Read more

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Gambling and the U.S. Immigration Laws, Robert Jarvis 25 Gaming L. Rev. 3 (2021)

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The Use of Expert Witnesses In Gambling Cases, Robert Jarvis 12 UNLV Gaming L.J. 1 (2021)

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Gaming Law and Gambling Law: Cases, Materials, and Problems, Robert Jarvis, J. Wesley Cochran, and Ronald Rychlak

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Teacher’s Manual to Gaming Law and Gambling Law: Cases, Materials, and Problems, Robert Jarvis, J. Wesley Cochran, and Ronald Rychlak

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The Changing Landscape of Asylum and Refugee Laws and Human Rights: The Diminishing Role of the United States, Florence Shu-Acquaye 47 N.C. J. Int'l L. 23 (2021)

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How the COVID-19 Crisis Has Reshaped Legal Education, Debra Vollweiler 32 (1) Experience 24 (2021)

Submissions from 2020

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A Genetic Surveillance State: Are We One Buccal Swab Away from A Total Loss of Genetic Privacy?, Catherine Arcabascio 63 Howard L.J. 117 (2020)

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Innovations Inside and Outside the LRW Classroom, Heather Baxter, Mary Bowman, and Sara Rankin LEGAL WRITING SOURCEBOOK, 3d ed. (2020)

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Building a National Ocean Policy Confronts Deconstruction of the Administrative State, Brion Blackwelder 33 Tul. Envtl. L.J. 93 (2020)

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Cruzan’s Legacy in Autonomy, Kathy Cerminara 73 SMU Law Review 27 (2020)

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Today’s Crusades: A Therapeutic Jurisprudential Critique of Faith-Based Civil Rights in Health Care, Kathy Cerminara 13 Albany Government Law Review 1 (2020)

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Hassle Free Travel: Myrie v. Barbados and Freedom of Movement in CARICOM, Jane Cross 8 Penn. St. J.L. & Int'l Aff. 536 (2020)

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Casino Gambling in the Caribbean, Jane Cross and Robert Jarvis 24 Gaming Law Review 337 (2020)

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Advancing Technology and the Changing Conception of Human Rights, Olympia Duhart 22 Gonzaga Journal of International Law 331 (2020)

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Abram I. Elkus: The New York Yankees’ First Lawyer, Robert Jarvis 108 Kentucky Law Journal 467 (2020)

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Does the New York Convention Allow a Non-Party to an Arbitration Agreement to Use Equitable Estoppel to Compel Arbitration?, Robert Jarvis 47 PREVIEW OF UNITED STATES SUPREME COURT CASES 25 (2020)

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Florida Constitutional Law in a Nutshell, Robert Jarvis

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Judges and Gambling, Robert Jarvis 10 UNLV Gaming Law Journal 1 (2020)

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Law Students and Cell Phone Use: Results of a Six-School Survey, Robert Jarvis 89 UMKC Law Review 269 (2020)

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Getting at the Root Instead of the Branch: Extinguishing the Stereotype of Black Intellectual Inferiority in American Education, a Long-Ignored Transitional Justice Project, Camille Lamar Campbell 38 Law & Ineq. 1 (2020)

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Medical Marijuana: Implications of Evolving Trends in Regulation, Florence Shu-Acquaye 46 U. Dayton L. Rev. 25 (2020)

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The Great American Health Care System and the Dire Need for Change: Stark Law Reform As a Path to a Vital Future of Value-Based Care, Marilyn Uzdavines 7 Texas A&M Law Review 573 (2020)

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If You Can’t Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students as Consumers in a COVID World, Debra Vollweiler 41 Pace L. Rev. 57 (2020)

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Law School As a Consumer Product: Beat ‘em or Join ‘em?, Debra Vollweiler 40 Pace Law Review 1 (2020)

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Persuasive or Pipe Dream? The Potential Influence of the Feminist Judgments Project on Future Judical Decision Making, Kathryn Webber 9 British Journal of American Legal Studies 323 (2020)

Submissions from 2019

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Right Result, Wrong Reason: Why the Intent Requirement in Florida v. Jardines Trespasses on the Clarity of the Fourth Amendment, Heather Baxter 51 Texas Tech Law Review 217 (2019)

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Emotional Appraisals in the Wake of Hurricanes Harvey and Maria, Olympia Duhart 54 Wake Forest Law Review 973 (2019)

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Empowering Negotiators--Successfully Bargaining Salary Offers, Prenuptial Agreements, and Other Stressful Life Events Using the TABLE Method, Lynn Epstein and Elena Marty-Nelson

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Informed Consent: Does “Ok” Really Mean “Ok?”, Michael Flynn 16 Journal of Health & Biomedical Law 29 (2019)

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Don't Be Distracted by the Peacock Trying to Board an Airplane: Why Emotional Support Animals Are Service Animals and Should Be Regulated in the Same Manner, Amanda Foster 82 Albany Law Review 237 (2019)

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The Empires Strike Back: Reassertion of Territorial Regulation in Cyberspace, Jon Garon 3 Journal of Law and Technology at Texas 1 (2019)

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A Guide to Development Order “Consistency” Challenges Under Florida Statutes Section 163.3215, Richard Grosso 34 Journal of Environmental Law and Litigation 129 (2019)

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Anatomy of a Baseball Law Course, Robert Jarvis 29 Marquette Sports Law Review 381 (2019)

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A “Paucity of Details”: S.J. Crane and the Baseball Rule, Robert Jarvis 54 Tort Trial & Insurance Practice Law Journal 69 (2019)

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Are Punitive Damages Available When a Seaman Sues for Unseaworthiness?, Robert Jarvis 46 PREVIEW OF UNITED STATES SUPREME COURT CASES 26 (2019)

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Florida Legal Malpractice Law: Commentary and Forms, Robert Jarvis

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Flying Baseballs, Injured Fans, Uncertain Liability: Why Legislative Action is Needed in the Sunshine State, Robert Jarvis 93 Florida Bar Journal 34 (2019)

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Gambling Under the Swastika: Casinos, Horse Racing, Lotteries, and Other Forms of Betting in Nazi Germany, Robert Jarvis

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Gilligan Meets Admiralty, Robert Jarvis The Media Method: Teaching Law with Popular Culture 331 (2019)

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Legal Aspects of Airboats, Robert Jarvis 50 Journal of Maritime Law & Commerce 257 (2019)

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Research Tip: Solving a Baseball Law Mystery: Unusual Databases for Lawyers, Robert Jarvis 21 TortSource 14 (2019)

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What is the Meaning of a “Safe Berth” Clause in a Charter Party?, Robert Jarvis 47 PREVIEW OF UNITED STATES SUPREME COURT CASES 13 (2019)

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Employers Beware: What Are Employers’ Obligations and Rights Given New Marijuana Legislations?, Shahabudeen Khan 6 Belmont Law Review 74 (2019)

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Rohrabacher-Blumenauer Amendment, Case Law and the Department of Justice: Who Prevails in the Medical Marijuana Legalization Debate?, Florence Shu-Acquaye 54 Gonzaga Law Review 127 (2019)

Submissions from 2018

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Think Fast: Post Judgment Considerations in Hague Child Abduction Cases, Timothy L. Arcaro 23 SUFFOLK J. TRIAL & APP. ADVOC. 237 (2018)

This article will focus on post judgment considerations in the context of federal district court proceedings, which frequently parallel the procedural aspects of U.S. state court proceedings. Part I of this article will examine the Abduction Convention structure and function to contextualize the interplay of return cases and post-judgment considerations. ... Read more

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Rip Currents: Rough Water for End of Life Decision Making, Kathy Cerminara 20 Journal of Health Care Law and Policy 59 (2018)

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Removing Obstacles to A Peaceful Death, Kathy Cerminara and Barbara Noah 25 The Elder Law Journal (2018)

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"They're Digging in the Wrong Place." How Learning Outcomes Can Improve Bar Exams and Ensure Practice Ready Attorneys, Debra Curtis 10 Elon Law Review 239 (2018)

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The 'F' Word: The Top Five Complaints (and Solutions) About Formative Assessment, Olympia Duhart 67 Journal of Legal Education (2018)

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Expert Witness Malpractice, Michael Flynn 42 Am. J. Trial Advoc. 15 (2018)

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"Anticipating Risk" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"Avoiding the Unintended Franchise" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. The FTC Franchise Rule is not the only law regulating franchise relationships. Many states also have versions of ... Read more

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"Becoming a Franchisor" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Although the approach to franchising is generally to protect the naïve new business owner from being overwhelmed by ... Read more

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"Beyond the New Economy: The Other Technology Revolution" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. While the book refers to the Internet as perhaps the most significant technological change in the 21st century, ... Read more

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"Business Models of the Digital Economy" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"Critical Elements for the Information Enterprise" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Information, like any other type of property, has value to the extent that it meets the standards of ... Read more

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"Design Thinking as a Process to Find Relevance" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"Disruptive Innovation and Tsunami Stressors" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"Documenting the Limited Liability Company" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. For most small businesses, the LLC provides the best choice in terms of limiting liability, providing partnership-like tax ... Read more

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"Exclusivity in Manufacturing and Service" in The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Manufacturing is the most common realm for process innovation and efficiency goals. Patents allow manufacturers to maintain extended ... Read more

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"Exclusivity in Retail: Brand Stores and Exclusive Offers" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"Exclusivity in Retail: the Restaurant Business" in The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Since the restaurant business is a highly competitive sector with high risks, a large failure rate, and a ... Read more

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"Exclusivity in the New Economy: Internet Businesses" in The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"Exclusivity in the New Economy: Software Strategies" in The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"Franchising Basics for Franchisees" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A franchise is a license or agreement to use the existing business model provided by a company, including ... Read more

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"Identifying the Entrepreneur’s Goal for the Business" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. An important decision to the development of a start-up business is the purpose for launching that business in ... Read more

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Ownership of University Intellectual Property, Jon Garon 36 Cardozo Arts & Entertainment Law Journal 635 (2018)

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"Paying for Exclusivity: Financing and Business Structuring" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"Proper Uses of the Business Plan" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A useful business plan provides a blueprint for the operations, direction, and growth of a business. It explains ... Read more

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"Reflecting Value in Intangibles: Proving the Worth of Intellectual Property" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. One of the more challenging aspects of developing a company based on intellectual property assets is the challenge ... Read more

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"Social Entrepreneurship, Public Benefit, and the Exclusivity through Purpose" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. In the United States there has been the development of a relatively new category of for-profit enterprise that ... Read more

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"The Key Business Plan Provisions" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"The Opportunity for Relevance—Creating Innovation and Relieving Stressors" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"The Small Differences and Large Similarities to the Old Sales Paradigm" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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"Understanding the Franchise Agreement" from The Entrepreneur’s Intellectual Property & Business Handbook, Jon Garon The Entrepreneur’s Intellectual Property & Business Handbook (2018)

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

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Florida's Other Courts: Unconventional Justice in the Sunshine State, Robert Jarvis (editor)

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Book Review (reviewing John Grisham, The Rooster Bar (2017)), Robert Jarvis

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Control the Casinos and Stop the Dogs: Florida’s 2018 Proposed Constitutional Amendments, Robert Jarvis 22 Gaming Law Review 393 (2018)

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Slave Gambling in the Antebellum South, Robert Jarvis 13 Florida A & M University Law Review 167 (2018)

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The Maritime Origins of Sherlock Holmes, Robert Jarvis 49 Journal of Maritime Law and Commerce 105 (2018)

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The African Court and Human Rights: What Lies Ahead for the Merged Court?, Florence Shu-Acquaye 2 HOWARD HUMAN & CIVIL RIGHTS LAW REVIEW 139 (2018)

This paper examines the African Court of People’s and Human Rights, the historical evolution, criticism, and explores issues that the Court may deal with as it assumes its new and envisioned role and form as the Merged Court.

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The Effect of Non-Compete Agreements on Entrepreneurship: Time to Reconsider, Florence Shu-Acquaye 10 University of Puerto Rico Business Law Journal 92 (2018)

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Will It Ever End? Preventing Mass Shootings in Florida & the U.S., Vanessa Terrades and Shahabudeen Khan 51 Suffolk University Law Review 505 (2018)

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Dying For A Solution: The Regulation Of Medical Devices Falls Short In The 21st Century Cures Act, Marilyn Uzdavines 18 Nev. L.J. 629 (2018)

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Don’t Panic! The Hitchhiker’s Guide to Learning Outcomes: Eight Ways to Make Them More Than (Mostly) Harmless, Debra Vollweiler 44 University of Dayton Law Review 17 (2018)

Submissions from 2017

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Adoption, Timothy L. Arcaro Adoption, Paternity and Other Family Practice, 12th ed. (2017)

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Presidential Executive Orders Duel Over Floodplain Definition as S.E. Florida Prepares for Sea Level Rise, Brion Blackwelder 29 FORDHAM ENVTL. L. REV. 156 (2017)

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"No Shots, No School, No Kidding": The Legal Profession Needs A Vaccine To Ensure Professionalism, Debra Curtis 28 University of Florida Journal Of Law & Public Policy (2017)