Faculty Scholarship

Faculty Scholarship

 

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Submissions from 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

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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).

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"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). Divorce in modern day America is a product of legislative creation, designed as an adversarial process focused on rights and ... Read more

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

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).

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

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).

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From Divergence to Convergence? A Comparative and International Law Analysis of LGBTI Rights in the Context of Race and Post-Colonialism, James D. Wilets 21 DUKE J. COMP. & INT'L L. 631 (2011)

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Rule of Law in Haiti Before and After the 2010 Earthquake, James D. Wilets and Camilo Espinosa 6 INTERCULTURAL HUM. RTS. L. REV. 181 (2011)

Submissions from 2010

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Sexting and Teenagers: OMG R U Going 2 Jail???, Catherine Arcabascio 16 RICH. J. L. & TECH. 1 (2010)

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 and Laura Miller Cancilla 35 NOVA L. REV. 157 (2010)

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Gideon's Ghost: Providing the Sixth Amendment Right to Counsel in Times of Budgetary Crisis, Heather P. Baxter 2010 MICH. ST. L. REV. 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. 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

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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

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With a Little Help From My Friends: The Attorney's Role in Assisting Pro Se LItigants in Negotiations, Lynn A. Epstein

In these difficult economic times, more litigants are attempting to handle their lawsuits without hiring attorneys. Even without seeking formal representation, these pro se litigants may want some assistance from attorneys. This advice seeking may be especially prevalent in the area ofnegotiation where no formalized procedures are in place but ... Read more

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Content, Control, and the Socially Networked Film, Jon M. Garon 48 ULouisvilleLRev 771 (2010)

The influences of digital distribution of content have begun to redefine the music industry in a highly-visible battle between record producers and consumers which has left musicians standing at the sidelines. Given the high cost of production and relatively limited number of theatrically distributed feature films each year, motion picture ... Read more

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Searching Inside Google: Cases, Controversies and the Future of the World's Most Provocative Company, Jon M. Garon 30 LoyLAEntLRev 429 (2010)

For a company whose motto is "Do No Evil," Google certainly has its share of detractors. The company is at the center of numerous controversies that will determine how people use the Internet, find information, and communicate with each other. Professor Jon Garon explores the cases that will shape Google’s ... Read more

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Wiki Authorship, Social Media and the Curatorial Audience, Jon M. Garon 1 HarvJSportsEntL 95 (2010)

Wikis have become an important source of information and a go-to destination on the Internet. The shared authorship and social editing represents an increasingly influential model for content creation and dissemination which will continue growing in prominence for education, training, news gathering and entertainment. Wiki authors undertake their participation based ... Read more

Criminal Law: 2007-2010 Survey of Florida Law, Pearl Goldman 35 NovaLRev 95 (2010)

Pearl Goldman, Criminal Law: 2007-2010 Survey of Florida Law, 35 Nova Law Review 95 (2010).

Planning and Permitting to Protect Wetlands: The Different Roles and Powers of State and Local Government, Richard Grosso FlaBarJorunal 39 (2010)

Richard Grosso, Planning and Permitting to Protect Wetlands: The Different Roles and Powers of State and Local Government, Florida Bar Journal 39 (2010).

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John B. West: Founder of the West Publishing Company, Robert M. Jarvis 50 AmJLegalHist 1 (2010)

Robert Jarvis, John B. West: Founder of the West Publishing Company, 50 American Journal of Legal History 1 (2010). Explores the career of John B. West (1852-1922), founder of the West Publishing Company, and discusses the reasons why he has become a forgotten man, ignored by the company that bears ... Read more

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Law School Histories: A Panel Discussion, Robert M. Jarvis 32 Campbell L. Rev. 311 (2010)

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Recovering Texas History: Tejanos, Jim Crow, Lynchings & the University of Texas School of Law, Jose R. "Beto" Juarez 52 South Texas Law Journal 85 (2010)

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How to Use a Tube Top and a Dress Code to Demystify the Predictive Writing Process and Build a Framework of Hope During the First Weeks of Class, Camille Lamar 48 DUQ. L. REV. 273 (2010)

Financial Disclosure on Death or Divorce: Balancing Privacy of Information with Public Access to the Courts, Donna Litman 39 SouthwesternLRev 433 (2010)

Donna Litman, Financial Disclosure on Death or Divorce: Balancing Privacy of Information with Public Access to the Courts, 39 Southwestern Law Review 433 (2010).

Non-Managing Underwriter's Role in Securities Offerings: Just Eye Candy?, Elena Marty-Nelson 16 FordhamJCorp&FinL 323 (2010)

Elena Marty-Nelson, Non-Managing Underwriter's Role in Securities Offerings: Just Eye Candy?, 16 Fordham Journal of Corporate & Finance Law 323 (2010). While there is considerable scholarship on the due diligence defense of lead underwriters in defective corporate securities offerings, there is surprisingly little analysis of the due diligence defense of ... Read more

Regulatory Blowout: How Regulatory Failures Made the BP Disaster Possible, and How the System can be Fixed to Avoid a Recurrence, Joel A. Mintz University of Maryland Legal Studies (2010)

Joel Mintz, Regulatory Blowout: How Regulatory Failures Made the BP Disaster Possible, and How the System can be Fixed to Avoid a Recurrence, University of Maryland Legal Studies The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters ... Read more

Stephanie Aleong: A Brief Recollection and Tribute, Joel A. Mintz 34 NovaLRev 587 (2010)

Joel Mintz, Stephanie Aleong: A Brief Recollection and Tribute, 34 Nova Law Review 587 (2010).

Dean Me: The Checkerboard World of Law School Administration (A Play in Five Acts), Gail Levin Richmond 34 NovaLRev 423 (2010)

Gail Richmond, Dean Me: The Checkerboard World of Law School Administration (A Play in Five Acts), 34 Nova Law Review 423 (2010). Dean Me is the third in a series of plays set at Avon Law School. Each play describes a particular issue, in this case the growth in administrative ... Read more

Survey of Physician Non-Compete Agreements in Employment under Florida Law, John Sanchez 35 NovaLRev 63 (2010)

John Sanchez, Survey of Physician Non-Compete Agreements in Employment under Florida Law, 35 Nova Law Review 63 (2011).

Two is Company but is It a Quorum, John Sanchez 5 FIULRev 715 (2010)

John Sanchez, Two is Company but is It a Quorum, 5 Florida International University Law Review 715 (2010).

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Gender Dimorphism in the United States Legal System: A "Post-Feminist" and Comparative Critique, James Wilets 18 ILSA J. INT'L & COMP L. 193 (2010)

There has been extensive jurisprudential literature positing that the structure, values and processes of the American legal and educational system, focusing heavily on adversarial battle among parties in court, and competition in law school, are fundamentally "male-centered." This "male-female" construct suggests that there is an essential dichotomy between the two ... Read more

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A Unified Theory of International Law, the State, and the Individual: Transnational Legal Harmonization in the Context of Economic and Legal Globalization, James D. Wilets 31 U. PA. J. INT'L. L. 753 (2010)

This Article presents an original theory of international law which reconciles the norm-making processes occurring at the international, state, and individual levels. It is the central thesis of this paper that economic globalization is not happening in a vacuum, but it is rather engendering legal globalization, much in the way ... Read more

Submissions from 2009

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Child Victims of Sexual Abuse and the Law, Timothy Arcaro 22 Michigan Child Welfare Law Journal 2 (2009)

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In Memory of Melissa Britt Lewis, Heather P. Baxter 33 NOVA L. REV. 533 (2009)

Shareholder Democracy and the SEC's Proxy Rules: In the Boardroom, Marilyn Blumberg Cane 15 FordhamJCorp&FinL 241 (2009)

Marilyn Cane, Shareholder Democracy and the SEC's Proxy Rules: In the Boardroom, 15 Fordham Journal of Corporate & Finance Law 241 (2009).

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Financial Market Failure as a Crisis in the Rule of Law: From Market Fundamentalism to a New Keynesian Regulatory Model, Timothy A. Canova

This article considers the financial panic of 2008 in historical context by analyzing the institutional and regulatory factors that contributed to the financial and economic crisis. The move away from a Keynesian regulatory model was a function of larger institutional flaws. The Keynesian regime of command-and-control regulation focused on macroeconomic ... Read more

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Lincoln's Populist Sovereignty: Public Finance Of, By, and For the People, Timothy A. Canova 12 CHAP. L. REV. 561 (2009)

Of the People, By the People, For the People: Lincoln's Legacy of Financial and Economic Sovereignty, Timothy A. Canova 12 ChapLRev 561 (2009)

Timothy Canova, Of the People, By the People, For the People: Lincoln's Legacy of Financial and Economic Sovereignty, 12 Chapman Law Review 561 (2009). This article considers Lincoln’s system of public finance in a broad historical perspective. In the weeks prior to Lincoln‘s inauguration, the financial markets were swept by ... Read more

Note to Athletes, NFL, and NBA: Dog Fighting is a Crime, Not a Sport, Phyllis G. Coleman 3 JAnimalL&Ethics 85 (2009)

Phyllis Coleman, Note to Athletes, NFL, and NBA: Dog Fighting is a Crime, Not a Sport, 3 Journal of Animal Law & Ethics 85 (2009). Americans were finally forced to face the issue of animal abuse and professional athletes when investigators discovered 66 pit bulls, in addition to dog fighting ... Read more

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Note to Athletes, NFL, and NBA: Dog Fighting is a Crime, Not a Sport, Phyllis G. Coleman

Americans were finally forced to face the issue of animal abuse and professional athletes when investigators discovered 66 pit bulls, in addition to dog fighting equipment, at a home owned by "pro football's most electrifying quarterback." Although Michael Vick insisted he did not live in the house, and initially denied ... Read more

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Employee Fiduciary Duties: One Size Does Not Fit All, Leslie Larkin Cooney 79 MissLJ 853 (2009)

This article examines the law surrounding the fiduciary duties owed by non-officer employees to their employers and the remedies imposed for a breach of those duties. It is the author's contention that applying the same agency principles to all employees regardless of their level of power or ability to exercise ... Read more

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More Pedagogic Techniques: Online Exercises & (and) Integrating Skills into Different Kinds of Courses, Leslie Larkin Cooney 2009 Transactions:TennJBusL 389 (2009)

The Business Practice Clinic is an externship program that sends third-year students out to work either full-time or part-time in an agency or law firm. The externs are trained in the clinical program and during a biweekly class. There is also a three-credit class that students complete before they go ... Read more

A Summary of Legal System Amalgamation: An Introduction to Judge Patrick L. Robinsons's Observations on the Hybrid Nature of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia, Jane E. Cross 16 ILSAJInt'l&CompL 1 (2009)

Jane Cross, A Summary of Legal System Amalgamation: An Introduction to Judge Patrick L. Robinsons's Observations on the Hybrid Nature of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia, 16 ILSA Journal of International & Comparative Law 1 (2009).

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Families Redefined: Kinship Groups that Deserve Benefits, Jane E. Cross, Nan Palmer, and Charlene L. Smith

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship families protection and benefits, 5) the use of contract law in kinship ... Read more

2007-2008 Survey of Juvenile Law, Michael J. Dale 33 NovaLRev 357 (2009)

Michael Dale, 2007-2008 Survey of Juvenile Law, 33 Nova Law Review 357 (2009).

2009 Survey of Juvenile Law, Michael J. Dale 34 NovaLRev 199 (2009)

Michael Dale, 2009 Survey of Juvenile Law, 34 Nova Law Review 199 (2009).

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Improving the Odds of Government Accountability in the Disaster-Prone Era: Using the 9/11 Fund Factors to Remedy the Problem of Toxic Katrina Trailers, Olympia Duhart

This article analyzes the dangers surrounding the toxicity levels in the trailers issued to Katrina survivors by FEMA, and identifies serious medical complications stemming from the temporary homes. Lack of government oversight in the process led to the distribution of formaldehyde-laced trailers that cost the government more than $2 billion ... Read more

Improving the Odds of Government Accountability in the Disaster-Prone Era: Using the 9/11 Fund Factors to Remedy the Problem of Toxic Katrina Trailers, Olympia Duhart 24 JLandUse&EnvtlL 2 (2009)

Olympia Duhart, Improving the Odds of Government Accountability in the Disaster-Prone Era: Using the 9/11 Fund Factors to Remedy the Problem of Toxic Katrina Trailers, 24 Journal of Land Use and Environmental Law 2 (2009). This article analyzes the dangers surrounding the toxicity levels in the trailers issued to Katrina ... Read more

The Fight for Information with the Obstructionist Lawyer, Michael Flynn 33 AmJTrialAdvoc 275 (2009)

Michael Flynn, The Fight for Information with the Obstructionist Lawyer, 33 American Journal of Trial Advocacy 275 (2009).

The Public Interest Perspective on SB 360, Richard Grosso FlaBarJorunal 24 (2009)

Richard Grosso, The Public Interest Perspective on SB 360, Florida Bar Journal 24 (2009).

Revocable Trusts Under the Florida Trust Code, Donna Litman 34 NovaLRev 34 (2009)

Donna Litman, Revocable Trusts Under the Florida Trust Code, 34 Nova Law Review 1 (2009).

Securities Laws in Soap Operas and Telenovelas: Are All My Children Engaged in Securities Fraud?, Elena Marty-Nelson 18 SCalInterdiscLJ 329 (2009)

Elena Marty-Nelson, Securities Laws in Soap Operas and Telenovelas: Are All My Children Engaged in Securities Fraud?, 18 South California Interdisciplinary Law Journal 329 (2009). Securities law images are broadcast to millions worldwide through soap operas and telenovelas. Doctors, and professionals in other fields, have recognized the power of dramatic ... Read more

Two Steps Forward, Two Steps Back: Lessons to Be Learned from How Florida's Initiatives to Curtail Confidentiality in Litigation Have Missed Their Mark, Roma Perez FlaCoastalLRev 163 (2009)

Roma Perez, Two Steps Forward, Two Steps Back: Lessons to Be Learned from How Florida's Initiatives to Curtail Confidentiality in Litigation Have Missed Their Mark, Florida Coastal Law Review 163 (2009).

Sir William Schwenck Gilbert and the Illogic of Law, Michael L. Richmond 39 StetsonLRev 85 (2009)

Michael Richmond, Sir Wiliam Schwenck Gilbert and the Illogic of the Law, 39 Stetson Law Review 85 (2009).

The Ongoing Mystery of the Limited Public Forum, Marc Rohr 33 NovaLRev 299 (2009)

Marc Rohr, The Ongoing Mystery of the Limited Public Forum, 33 Nova Law Review 299 (2009). More than 25 years after setting forth the rules of its First Amendment “public forum” doctrine, the U.S. Supreme Court has yet to make clear the legal significance of the term “limited public forum,” ... Read more

2008-2009 Survey of Florida Public Employment Law, John Sanchez 34 NovaLRev 151 (2009)

John Sanchez, 2008-2009 Survey of Florida Public Employment Law, 34 Nova Law Review 151 (2009).

Families Redefined: Kinship Groups That Deserve Benefits, Charlene Smith 78 MissLJ 791 (2009)

Charlene Smith, Families Redefined: Kinship Groups That Deserve Benefits, 78 Mississippi Law Journal 791 (2009). In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact ... Read more

Submissions from 2008

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Creating a Legal Society in the Western Hemisphere to Support The Hague Convention on Civil Aspects of International Child Abduction, Timothy Arcaro 40 U. MIAMI INTER-AM. L. REV. 109 (2008)

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No More Secret Adoptions: Providing Unwed Biological Fathers with Actual Notice of the Florida Putative Father Registry, Timothy L. Arcaro 37 CAP. U. L. REV. 449 (2008)

Scuba Diving Buddies: Rights, Obligations, and Liabilities, Phyllis G. Coleman 20 USFMarLJ 75 (2008)

Phyllis Coleman, Scuba Diving Buddies: Rights, Obligations, and Liabilities, 20 University of San Fransisco Maritime Law Journal 75 (2008). A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an ... Read more

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Scuba Diving Buddies: Rights, Obligations, and Liabilities, Phyllis G. Coleman

A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the ... Read more

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Teaching Law Office Management: Why Law Students Need to Know the Business of Being a Lawyer, Debra Moss Curtis 71 AlbLRev 201 (2008)

Debra Curtis, Teaching Law Office Management: Why Law Students Need to Know the Business of Being a Lawyer, 71 Albany Law Review 201 (2008). This work examines the course "Law Office Management" and its place in the legal education curriculum. In discussing expert resources on law curriculum development as the ... Read more

This Is the End… My Friend: Disgorgement, Dissolution And Sequestration as Remedies Under State UDAP Statutes, Michael Flynn 21 LoyConsumerLRev 181 (2008)

Michael Flynn, This Is the End… My Friend: Disgorgement, Dissolution And Sequestration as Remedies Under State UDAP Statutes, 21 Loyola Consumer Law Review, 181 (2008).

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Playing in the Virtual Arena: Avatars, Publicity, and Identity Reconceptualized through Virtual Worlds and Computer Games, Jon M. Garon 11 ChapLRev 465 (2008)

In many respects, the commercial and social interactions within virtual worlds are essentially the same as those interactions conducted face-to-face or over less engrossing technologies, however, the immersive nature of the virtual world redefines the nature of the experience. Because virtual worlds mimic their bricks-and-mortar counterparts, they exhibit commercial attributes ... Read more

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Reintermediation, Jon M. Garon 2 Int. J. of Private Law 227 (2008)

Jon M. Garon, Reintermediation, 2 Int. J. of Private Law 227 (2009).

The digital revolution has interrupted traditional supply chains and wholesaler relationships with manufacturers and retailers, companies are developing new methodologies to create supplier loyalty critical to control of market share. This article documents the leading strategies being utilised ... Read more

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To Make a Difference: Dean as Producer, Jon M. Garon 39 UTolLRev 297 (2008)

As I look at my fifth year as Dean of Hamline University School of Law, I am often struck by the dissonance between my professional life, as a lawyer and law professor, and my administrative life, as a dean within a small university. In both roles, I remain driven to ... Read more

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What if DRM Fails?: Seeking Patronage in the iWasteland and the Virtual O , Jon M. Garon 1 MichStLRev 103 (2008)

Section 1201 of the 1998 Digital Millennium Copyright Act provided sweeping protection for technological measures or virtual locks on digital content to protect the entertainment industries-including music, films, games, and consumer electronics. Manufacturers use digital rights management (DRM) authorized under the law to lock down all software embedded in products, ... Read more

Legal Education and Technology II: An Annotated Bibliography, Pearl Goldman 100 LawLibJ 415 (2008)

Pearl Goldman, Legal Education and Technology II: An Annotated Bibliography, 100 Law Library Journal 415 (2008). The digital revolution in legal education has engendered a large body of scholarship. To help legal educators locate materials that inform and enrich their teaching and writing, Professor Goldman offers an updated annotated bibliography ... Read more

2007-2008 Survey of Florida Gambling Law, Robert M. Jarvis 33 NovaLRev 231 (2008)

Robert Jarvis, 2007-2008 Survey of Florida Gambling Law, 33 Nova Law Review 231 (2008).

Carl Zollman: Aviation Law Casebook Pioneer, Robert M. Jarvis 73 AirL&Com 319 (2008)

Robert Jarvis, Carl Zollman: Aviation Law Casebook Pioneer, 73 Journal of Air Law & Commerce 319 (2008). Aviation law, after years of languishing on the sidelines, currently is enjoying unprecedented popularity in American law schools. Much of this interest has to do with the terrible events of September 11, which ... Read more

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Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis 9 NevLJ 63 (2008)

Robert Jarvis, Emeritus Lawsuits: Much Ado About Nothing?, 9 Nevada Law Journal 63 (2008).

Gambling Debts at Sea, Robert M. Jarvis 39 JMarL&Com 505 (2008)

Robert Jarvis, Gambling Debts at Sea, 39 Journal of Maritime Law & Commerce 505 (2008). Are gambling debts incurred on the high seas enforceable on land? This question, once occupying the status of academic brainteaser, recently received a real-world answer from Judge Alexander L. Paskay of the U.S. Bankruptcy Court ... Read more

Introductory Note: A Perspective on Pakistan's Chief Justice, Judicial Independence, and the Rule of Law, Joel A. Mintz 15 ILSAJInt'l&CompL 1 (2008)

Joel Mintz, Introductory Note: A Perspective on Pakistan's Chief Justice, Judicial Independence, and the Rule of Law, 15 ILSA Journal of International & Comparative Law 1 (2008).

Taking Congress's Words Seriously: Towards a Sound Construction of NEPA's Long Overlooked Interpretation Mandate, Joel A. Mintz 38 EnvtlL 1031 (2008)

Joel Mintz, Taking Congress's Words Seriously: Towards a Sound Construction of NEPA's Long Overlooked Interpretation Mandate, 38 Environmental Law 1031 (2008). This Article analyzes subsection 102(1) of the National Environmental Policy Act (NEPA) which directs that "to the fullest extent possible, the policies, regulations, and public laws of the United ... Read more

2007-2008 Survey of Florida Public Emlployment Law, John Sanchez 33 NovaLRev 169 (2008)

John Sanchez, 2007-2008 Survey of Florida Public Employment Law, 33 Nova Law Review 169 (2008).

The Vesting, Modification, and Financing of Public Retiree Health Benefits in Light of New Accounting Rules, John Sanchez 41 JMarshallLRev 1147 (2008)

John Sanchez, The Vesting, Modification, and Financing of Public Retiree Health Benefits In Light of New Accounting Rules, 41 John Marshall Law Review.

Demystifying Florida Mediator Ethics: The Good, the Bad, and the Unseemly, Fran L. Tetunic 32 NovaLRev 205 (2008)

Fran Tetunic, Demystifying Florida Mediator Ethics: The Good, the Bad, and the Unseemly, 32 Nova Law Review 205 (2008).

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A Comparative Perspective on Immigration Law for Same-Sex Couples: How the United States Compares to other Industrialized Democracies, James D. Wilets 32 NOVA L REV. 327 (2008)

Submissions from 2007

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GREEN MEDICINE: USING LESSONS FROM TORT LAW AND ENVIRONMENTAL LAW TO HOLD PHARMACEUTICAL MANUFACTURERS AND AUTHORIZED DISTRIBUTORS LIABLE FOR INJURIES CAUSED BY COUNTERFEIT DRUGS, Stephanie Aleong ExpressO (2007)

Counterfeit and adulterated prescription drugs have caused serious harm to consumers when these tainted products have easily permeated the legitimate marketplace over the last decades. Criminals and other actors introduce fake, adulterated, expired and foreign drugs into the drug distribution network which puts unsafe medicine into the hands of innocent ... Read more

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Chimeras: Double the DNA - Double the Fun for Crime Scene Investigators, Prosecutors, and Defense Attorneys?, Catherine Arcabascio 40 AKRON L. REV. 435 (2007)

This article first explores the mythological origins of the term "chimera." It then explores the causes and scientific explanations of chimerism and the various conditions covered by the term chimera in the area of genetics. Although this article will discuss the various chimeric conditions that are thought to exist, its ... Read more

Explaining "Explained Decisions": NASD's Proposal for Written Explanations in Arbitration Awards, Marilyn Blumberg Cane 16 UMiamiBusLJ 23 (2007)

Marilyn Cane, Explaining "Explained Decisions": NASD's Proposl for Written Explanations in Arbitration Awards, 16 University of Miami Business Law Journal 23 (2007).

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Explaining "Explained Decisions": NASD's Proposal for Written Explanations in Arbitration Awards, Marilyn Blumberg Cane and Ilya Torchinsky

Closing the Border and Opening the Door: Mobility, Adjustment, and the Sequencing of Reform, Timothy A. Canova 5 GeoJL&PubPol'y 341 (2007)

Timothy Canova, Closing the Border and Opening the Door: Mobility, Adjustment, and the Sequencing of Reform, 5:2 Georgetown Journal of Law & Public Policy 341 (2007). Since the enactment of the North American Free Trade Agreement (NAFTA), the U.S.-Mexico border has become increasingly open for trade and private investment. But ... Read more