Faculty Scholarship

Faculty Scholarship

 

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Submissions from 2016

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At a Crossroads: Where the Indigent Defense Crisis and the Legal Education Crisis Intersect, Heather P. Baxter 18 BERKELEY J. AFR.-AM. L. & POL'Y 25 (2016)

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Continuing To Litigate After You Have Won: Courts Defy Article III to Avoid Mooting TCPA Class Actions, Despite Defendants’ Rule 68 Offers of Complete Relief, Joseph M. Hnylka 64 Drake L. Rev. 381 (2016)

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

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Gambling in American Prisons, Robert Jarvis 20 Gaming L. Rev. & Econ. 645 (2016)

GAMBLING TAKES PLACE IN EVERY PRISON in the United States.

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The Patent Attorney in Popular Culture, Robert Jarvis 98 Journal Of The Patent And Trademark Office Society 306 (2016)

Popular culture is filled with lawyers.

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"The Living, the Dead, the Undecided": An Annotated Bibliography of Law Review Articles Dealing with the Law of Absentees and Returness, Robert Jarvis and Megan Chaney 44 Int'l J. Legal Info 178 (2016)

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

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Teaching The Digital Caveman: Rethinking The Use Of Classroom Technology In Law School, James Levy Chapman Law Review (2016)

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

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The Decline of HIV/Aids: A New Paradigm In Sub-Saharan Africa?, Florence Shu-Acquaye African Journal of International and Comparative Law (2016)

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The Role Of States In Shaping The Legal Debate On Medical Marijuana, Florence Shu-Acquaye 42 Mitchell Hamline Law Review (2016)

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

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The Unintended Consequence to Legalizing Marijuana Use_ The Banking Conondrum, Florence Shu-Acquaye Cleveland State Law Review (2016)

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Superpriority of Remediation Liens: A Cure To The Virus Of Blight, Marilyn Uzdavines University of Baltimore Law Review (2016)

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

Submissions from 2015

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The Codification of Professionalism: Can you Sanction Lawyers into Being Nice?, Debra M. Curtis 40 J. Legal Profession 49 (2015)

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

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Frederick Douglass on Shelby County, Olympia Duhart 17 BERKELEY J. AFR.-AM. L. & POL’Y 141 (2015)

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It’s not For a Grade: The Rewards and Risks of Low-Risk Assessment in the High-Stakes Law School Classroom, Olympia Duhart 7 ELON L. REV. 491 (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

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Aboitiz & Co. v. Price: Some Lingering Questions, Robert Jarvis 55 American Journal of Legal History 64 (2015)

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

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The Story of the Gary, Indiana Crucifix, Robert Jarvis 49 Valparaiso University Law Review 872 (2015)

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

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THE ADVENTURE OF THE NORWOOD BUILDER A LAWYERLY ANNOTATED EDITION, Robert Jarvis, Joshua Cumby, Ross Davies, GEOFFREY FEHLING, CLIFFORD GOLDFARB, GUY MARRIOTT, IRA MATETSKY, ALBERT ROSENBLATT, and JULIA ROSENBLATT Green Bag Almanac & Reader 116 (2015)

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?

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Revealing the Truth Behind Law School Admissions, Shahabudeen Khan Choosing the Right Law School for You: A Consumer Guide for the Social-Justice Minded Law Student (2015)

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The Threat Lives On: How To Exclude Expectant Mothers From Prosecution For Mere Exposure Of HIV To Their Fetuses And Infants, Shahabudeen Khan 63 Cleveland State Law Review 429 (2015)

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

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People of the Book: Judaism’s Influence on American Legal Scholarship, My Journey from Judaism to Jewish Law, Donna Litman 16 RUTGERS J. OF L. & RELIGION 330 (2015)

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

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Restating Environmental Law, Joel A. Mintz 40 COLUMBIA J. ENVT’L. L. 1 (2015)

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

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For Men Only: A Gap in the Rules Allows Sex Discrimination to Avoid Ethical Challenge, Michele Struffolino 23 AM. U. J. GENDER SOC. POL’Y & L. 487 (2015)

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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Beg, Borrow, or Steal: Ten Lessons Law Schools Can Learn From Other Educational Programs in Evaluating Their Curriculums, Debra Curtis 48 UNIVERSITY OF SAN FRANCISCO LAW REVIEW 349 (2014)

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

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Reasonable Accommodations on the Bar Exam: Leveling the Playing Field or Providing an Unfair Advantage?, Amanda M. Foster 48 VAL. U. L. REV. 661 (2014)

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

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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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To Promote the Progress: Incentives, Exclusives, and Values to Build a more Perfect Creative Culture, Jon M. Garon 40 OHIO N. L. REV. 467 (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

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A Primer on the Use of Dangerous Trial Exhibits, Robert M. Jarvis 37 Am. J Trial Advoc. 519 (2014)

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

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The Law School Admiralty Exam, Robert M. Jarvis 45 J. Mar. L. & Com. 97 (2014)

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PROCEDURAL DUE PROCESS: THE DISTINCTIONS BETWEEN AMERICA AND ABROAD, Ronald Smith The Willamette Journal of International Law and Dispute Resolution (2014)

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

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Limited Scope not Limited Competence: Skills Needed to Provide Increased Access to Justice Through Unbundled Legal Services in Domestic-Relations Matters, Michele Struffolino 56 S. TEX. L. REV. 159 (2014)

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Barking Dogs: Code Enforcement Is All Barkand No Bite (Unless The Inspectors Have Assult Rifles), Marilyn Uzdavines 54 Washburn Law Journal 161 (2014)

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

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).

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

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Gambling Ships, Robert Jarvis 44 J. Mar. L. & Com. 339 (2013)

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

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Legal History: Teaching Skills Practicing Lawyers Needed, Robert Jarvis 53 American Journal of Legal History 498 (2013)

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

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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).

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Dog Days in the Law Library: Philosophical, Financial, and Administrative Issues Raised by Faculty Summer Grant Programs, Robert M. Jarvis and Phyllis G. Coleman 37 NovaLRev 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.

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).

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The Protection of Foreign Direct Investments in Developing and Emerging Markets Through the Instrumentality of Arbitration: Fair Game?, Florence Shu-Acquaye 9 FLA. A & M U.L. REV. 27 (2013)

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

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

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).

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Reforming Legal Education: Law Schools at the Crossroads, Debra Curtis and David Moss

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

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

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Cluster Introduction - Education and Pedagogy - on Identity and Instruction, Olympia Duhart 48 CAL. W. L. REV. 453 (2012)

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).

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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

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Personal Foul...Roughing the Taxpayer: The IRS' Triple Penalty on Hardship Distributions, Michael Flynn and Craig C. Minko

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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).

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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).

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In Memoriam: Dr. David J. Bederman (1961-2011), Robert M. Jarvis 43 J. Mar. L. & Com. 37 (2012)

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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).

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Foreword: Doing the Hard Work, Jose R. "Beto" Juarez 22 Berkeley La Raza Law Journal 3 (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 Independence, Timothy A. Canova 14 CHAP. L. REV. 237 (2011)

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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).

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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).

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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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

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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).