Faculty Scholarship

This article is part of a series of book excerpts The Pop Culture Business Handbook for Cons andFestivals, which provides the business, strategy, and legal reference guide for fan conventions, filmfestivals, musical festivals, and cultural events.Cons use a range of labels for the people who attend the event as paid ... Read more

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Although most events are organized by private parties, the location of these ... Read more

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Games of chance are highly regulated activities, whereas bona fide competitions are ... Read more

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.When organizing a festival or Con, the economic model used to develop ... Read more

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.There may be between three thousand and four thousand film festivals running ... Read more

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Content from Cons and festivals dominate U.S. pop culture. The conventions serve ... Read more

Obtaining Reliable Information about the "cruises to nowhere" CTN industry in Florida always has been difficult.

Koistinen v. American Export Lines, Inc. is a case all admiralty law professors love to teach and all law students love to read.

“I feel paranoid all the time.”1 That is how a seventeen-year old black varsity high school basketball player from Lauderhill, Florida expressed his emotions after a Lauderhill police officer ordered him and his friends to the ground for no apparent reason.2 Imagine living life in one ... Read more

On July 21, 2010, in response to the financial abuses that occurred during from 2007 to 2009. president Barack Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act").

The Ebola virus and its now infamous 2014 West African outbreak have constituted the deadliest and most terrifying epidemic of recent memory.

Every day, thousands of ordinary Americans receive unwelcome faxes, text messages, and prerecorded telephone calls (frequently referred to as “robocalls”). The proliferation of these unwelcome messages has increased at an astronomical rate. In 2015, the Federal Trade Commission (FTC) reported that it received approximately 150,000 complaints each month. This dramatic ... Read more

GAMBLING TAKES PLACE IN EVERY PRISON in the United States.

Popular culture is filled with lawyers.

Over the years, the legal problems by absentees and returnees have attracted attention of scores of law review authors.

Law students who have never lived in a world without computers or the Internet are known as "digital natives."

The ongoing debate in the United States about the legality and use of medical marijuana (also known as medicinal cannabis) is intriguing.

Blight in a neighborhood is like a virus that spreads throughout the community.

On October 31, 2013, the Florida Supreme Court in The Florida Bar v. Norkin made it clear that "it wants the trend of escalating incivility among lawyers to stop." With that decision, in which a lawyer was suspended and publicly reprimanded for his behavior, the court urged that "[m]embers of ... Read more

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

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

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.

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

Over the years, I have worked with many excellent editors. But Larry Reilly, whose career this issue of the Journal celebrates, was by far my favorite. Larry was more than just an editor to me. He also was a good friend and a valued mentor, and I therefore am delighted ... Read more

In the spring of 1955, the Knights of Columbus erected an enormous crucifix in a public park in Gary, Indiana. Incensed by this flagrant constitutional violation, Harrison J. Mellman, a bright, well-liked, but still green local lawyer, began making plans to challenge the towering structure in court. Today, more than ... Read more

In "The Adventures of the Creeping Man," Watson says to Holmes: "As to your dates, that is the biggest mystification of all," What is the mystery here, you may ask?

Great news: the HIV/AIDS epidemic is changing for the better. Bad news: do not get caught pregnant while HIV positive.' Some HIV-related criminal transmission laws have missed the boat. If expectant mothers who are infected with HIV follow the current U.S. health care guidelines, the risk of transmission to their ... Read more

My personal study of the Torah and the Talmud as an adult has enhanced my legal scholarship and helped shape my current thinking on legal theory. At the same time, my professional legal training and experience as a law professor has shaped my understanding of Judaism and provided a legal ... Read more

Although environmental law springs from deep roots in centuries of common law, during the last forty years in particular it has grown into a well-established and important legal field in the United States with enormous practical consequences. Maturity, however, has also made it notoriously complex, and environmental law’s overlapping statutory ... Read more

INDISPUTABLY, LAW SCHOOLS are under attack.' Because of concerns about the legal field and legal education's responsibility in the crisis of new graduates without jobs, law schools are clamoring to respond by seeking and working toward curriculum change. Generally, higher education institutions acknowledge a "responsibility to endeavour to prepare graduates ... Read more

If you ask law students what they think about examination accommodations provided to students with disabilities, including learning disabilities, most students will tell you that it is unfair that some students get more time to take an examination. The misconception that accommodations provide an unfair advantage may stem from the ... Read more

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

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

It sometimes is necessary at trial to introduce a dangerous exhibit-such as a bomb, gun, or knife-to bolster a client's story, discredit an opposing witness, or give the jury a clearer picture of the underlying events. Doing so, however, requires care and planning. Not only do many courts have specific ... Read more

This paper was written in an effort to highlight the guarantees of procedural due process that America provides to its own citizens, as well as those that are of international citizenship. In so doing, American Due Process Jurisprudence is compared to the minimum standards that the United Nations stipulates via ... Read more

In Detroit, Michigan, in 2014, 1 broken windows, a roof caving in, and a yard that had not been maintained for years is the view for its residents in a blighted and unstable neighborhood. Code enforcement inspectors are nowhereto be found. The local code enforcement department lacks the resources, manpower, ... Read more

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).

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

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

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

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

GAMBLING SHIPS: A vessel sailing from the United States cannot legally open its casino until it reaches the high seas.

Why should law students take a course in legal history? That's a good question, given that the subject is not tested on any state's bar exam and, apart from academia, the field's employment prospects are almost non-existent. Moreover, just about every course in law school includes at least a little ... Read more

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).

Our law school has a faculty summer grant program, as do most law schools. Our program's rules, set out in the appendix to this article, are simple in theory: interested professors submit applications in January, get funded in June, and are expected to have a completed manuscript sometime thereafter.

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

Investment treaties have tripled in the twenty-first century with over 170 countries signing onto bilateral investment treaties (BITs). Most BITs are made between a developed and a developing country, whereby a host country promises to protect home country's foreign direct investment (FDI) in exchange for the prospect of increased capital ... Read more

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

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

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

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

In today's volatile law school environment, curriculum reform has emerged as a significant focus. It is commonly understood that law schools effectively teach certain analytical skills, but are less successful in other areas, and often scramble to adapt to evolving aims. This book demonstrates how law schools are successfully reforming ... Read more

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).

This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have ... Read more

Olympia Duhart, Education and Pedagogy - On Identity and Instruction, 48 California Western Law Review 453 (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 women have been wounded in action; 137 have been killed. By the military’s own estimates, almost 20 percent of female veterans ... Read more

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

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

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

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.

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

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

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

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

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

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

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

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