Faculty Scholarship

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

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).

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

Michael Dale, 2010 Survey of Juvenile Law, 35 Nova Law Review 137 (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 in the dependency field. As in the past, decisions in the delinquency area ... Read more

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

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

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

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

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

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

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

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

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

Fran Tetunic, Act Deux: Confidentiality after the Florida Mediation Confidentiality and Privilege Act, 36 Nova Law Review 79 (2011).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Richard Grosso, The Public Interest Perspective on SB 360, Florida Bar Journal 24 (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 serials. They have generated a rich body of scholarship demonstrating how these mediums of popular culture impart health messages or effect social change. This author ... Read more

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

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

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

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

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

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

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

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

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

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

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

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

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).

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

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

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