Volume 19

Spring 2019

Issue 2

See Entire Volume

Table of Contents

"Bad Blood": Reconciling the Recording Industry and Copyright Protections on the Internet
Nikki R. Breeland

"Making Administrative Law Strict Again" In The Era Of Trump: The Future Of The Chevron Doctrine, According To The Judicial Conference For The United States Court Of Appeals For The Federal Circuit
Christian Ketter

A Brief Historical Sketch of an Anthropological Analysis of the Development of International and Comparative Law
Charles Lincoln

Enron Meets Academia ... Altered Grades, Manufactured Transcripts, and Store-Bought Diplomas
Harvey Gilmore

A Modern and Psychological Perspective on the Court's Lenient Requirements for a Finding of Qualified Immunity in Cases of Local Police Misconduct and its Effect on the ABuse of Police Discretion
Nicholas Catania

Consent to Injury: Modern Medicine's Unconscionable Shield from Liability for Medical Practitioners Through the Doctrine of Informed Consent
Michael McKee

Volume 19

Fall 2018

Issue 1

Political Dimension of Water Paucity in Pakistan

Waseem Ahmad Qureshi

Primer of the Cuban Legal System

Cindy G. Buys and David S. Rodriguez

Insurance Practices and Disparities in Access to Assisted Reproductive Technologies

Mark Fadel

Plastic:  Breaking Down the Unbreakable

Hannah M. Diaz

The Impact of the Consumer Financial Protection Bureau on the Residential Real Estate Industry:  A Practical Approach

Elizabeth Henin

Leaving Home:  How Running Away Impacts the Lives of Juveniles and Society as a Whole

Jordan Encisco

Volume 18

Summer 2017

Issue 3

#Blacklawyersmatter:  The Importance of Pro Bono Initiatives and Experiential Opportunities at Historically Black College and University Law Schools in Preparing a New Generation of Social Engineers

Martina Cartwright and Thelma Harmon

Black Scholars Speak About Diversity – or the Lack Thereof – in Academia

Tammy Hodo

Accessible Evacuation Plans in Higher Education:  Equal Egress and the Americans with Disabilities Act

Tiffany Lee

Using Racism to Combat Racism:  Fisher v. University of Texas at Austin

Calli Fletcher

Volume 18

Spring 2017

Issue 2

Bending the Rules:  The Circuit Courts Inconsistent Application of the Federal Rules and Section 1920(4) in Cost Shifting and Taxing Electronic Discovery Costs

Anna A. Ismer

You Can’t Write Without Research:  The Role of Research Instruction in the Upper-Level Writing Requirement

Alyson M. Drake

Public Enforcement of Private Rights

Garry A. Gabison

How Far Should the Rights to Post 3D-Printed Handguns Extend:  Does the Government Infringe Upon Constitutional Rights by Requiring the Removal of 3D-Printable Handgun Blueprints?

Gracie E. Holden

Voisine v. United States:  Dangerous Loophole or Constitutional Violation?

Herbert B . Armstrong

Volume 18

Fall 2016

Issue 1

Foreward:  Issues of Constitutional Significance in Twenty-First Century Florida

Stephanie W. Ray

The Same River Twice:  A Brief History of How the 1968 Florida Constitution Came to be and What it has Become

Mary E. Adkins

A Modest Proposal:  Raise the Mandatory Judicial Retirement Age

Scott D. Makar

The 2017 Constitution Revision Commission:  School Vouchers and Choice in Education to be Major Points of Interest

Waddell A. Wallace, with Maria F. Gibson and Michael S. Roscoe

Sugar, Politics, and the Destruction of Florida’s Natural Resources:  The Problem with Constitutional Amendments

Jaclyn Blair

Sentence Appeal Waivers Should Not Be Enforced in the Event of Superseding Supreme Court Law:  The Durham Rule as Applied to Appeal Waivers

Aliza Hochman Bloom

Volume 17

Spring 2016

Issue 3

Foreward:  A Public Emergency for Legal Aid Organizations on the Brink

James A. Kowalski, Jr.

Disparate Impact Discrimination in Residential Lending and Mortgage Servicing Based on Sex:  Insidious Evil

Katherine Hanson

Targeting the Poor – How Debt Collectors Help Perpetuate the Poverty Cycle

Ariel Cook and James Millard

Constitutional Implications Arising from Federal and State Vaccination Mandates

Daniel Scott Rosenheim

Volume 17

Winter 2016

Issue 2

Teaching Cross-Cultural Competence to Law Students:  Understanding the ‘Self’ as ‘Other’

Christina A. Zawisza

Collaboration Between Schools and Child Welfare Agencies in Florida to Address the Educational Needs of Children in Foster Care

Kele Stewart and Vanessa Thorrington

A Prosecution Reentry Program to Reduce Recidivism Among the Formerly Incarcerated

Charles J. Hynes with Maria F. Brailsford

The Road to Justice in Juvenile Sentencing:  A Tale of “Legislative Inactivism,” “Statutory Pre-vival,” and “Judicial Rescue”

Anthony C. Musto

When the Relationship Went Down, the Photos Went Up:  Revenge Porn and Florida’s New Sexual Cyberharassment Statute

Alexandra Casals

Volume 17

Fall 2015

Issue 1

Do the Right Thing:  A Call Upon Congress to Enhance the Rights of Unaccompanied and Undocumented Mexican Children Under the TVPRA

Julia Halloran McLaughlin

Addressing the Mental Health Needs of Youth in the Juvenile Justice Systems

Randee J. Waldman, Sarah Y. Vinson, and Jordan Howard

Making Space for Good Things to Happen:  A Restorative Approach to the School-to-Prison Pipeline

Jon Powell

The Potential of Florida’s Effective Assistance of Counsel Doctrine to Increase Parent Engagement and Promote the Well-Being of Children

Robert Latham and Robin Rosenberg

Terminally Ill Parents and Their Children:  Determining the Proper Placement of Children Through the Best Interests of the Child or the Parental Preference Standard

Tiffany Korte

Volume 16

Spring 2015

Issue 3

RMS Titanic as National and World Heritage:  Protecting the Wreck Site of the Titanic Pursuant to the National Historic Preservation Act and the World Heritage Convention

Peter Hershey

The Legal Hurdles Preventing a U.S.-China Bilateral Investment Treaty:  Problems with National Security, Environmental and Labor Standards, and Investor-State Dispute Settlement Mechanisms

Tina Lam

Judicial Abrogation:  Montana and its Progeny’s Effect on Freedmen’s Treaty Rights

Steven Foster

Can Laypeople Reasonably Assess Medical Malpractice Damages?

Aisha N.J. Lake-Mahon

Volume 16

Winter 2015

Issue 2

Arbitration Over Accountability?  The State of Mandatory Arbitration Clauses in Nursing Home Admission Contracts

Benjamin Pomerance

The Proverbial Right-Without-a-Remedy Dilemma to Effective Counsel in Florida Termination of Parental Rights Proceedings

Anna Haugen, Kyle Sill, and Amir Shachmurove

Is Integration for Persons with Disabilities Resulting in Contradictory Barriers to Housing?

Olga Golik

Positional Conflicts and Pro Bono Publico

Mark D. Yochum and Jeffrey Fromknecht

The Legal Minefield of Two Mommies and a Baby:  Determining Legal Motherhood Through Genetics

Jaclyn N. Kahn

Volume 16

Fall 2014

Issue 1

The Resurgence of “Secondary Considerations”

J. Jeffrey Hawley

A Drug Life:  The Chemistry of Patent and Regulatory Exclusivity for Pharmaceuticals

N. Nicole Stakleff

Seduced by the Sequence:  An Analysis of the U.S. Supreme Court’s Opinion in Association of Molecular Pathology v. Myriad Genetics, Inc.

Herbert H. Jervis

Transcript of Presentation – The Design Patent:  A Sleeping Giant?

Abby J. Queale

Volume 15

Spring 2014

Issue 3

Nanotechnological Exceptionalism: Distinguishing Nanotech as Sui Generis from a Legal Vantage

Sasha T. Varghese

A Categorical Approach to Persuasive Authority: Using Persuasive Authority When Proving, Defending, and Appealing Punitive Damages Claims

Rocco J. Carbone, III

The Tax Law Puzzle of Preferred Stock: Some Minimal Guidance Could be the Missing Piece

Nathaniel G. Dutt

NCAAs Call to the Bullpen: Bring in Congress to Save the College Game with an Antitrust Exemption

Rick Nolan

Volume 15

Winter 2014

Issue 2


Anthony C. Musto

Transvestism and Foster Parenting: A Child Protection Concern? 

Khaya Novick Eisenberg, Daniel Pollack, Amanda Sundarsingh 

Contempt: The Untapped Power of Juvenile Court

Gerard Glynn

Preemption of Public Benefits in the Shadow of DOMA: When State and Federal Law Collide 

Sarah R. Sullivan and Martha Pardo

Up the Slippery Slope: The Need to Advise Criminal Defendants That Their Pleas Can Lead to Termination of Their Parental Rights

Anthony C. Musto

How Can the State of Florida Improve Accessibility for Persons with Disabilities and Benefit the Business Community?

Matthew Dietz 

Volume 15

Fall 2013

Issue 1

Punitive Damages and a Century of Maritime Law

Rod Sullivan

The Compromised Cargo Container: Terror in a Box

Taylor Simpson-Wood

Big Brother is Watching, But You Don't Have a Right to Know: Discovery of Sensitive Security Information Under the Marine Transportation Security Act

Arthur A. Crais Jr.

Colonial-Era Treasure Lost in the Murky Depths of Foreign Sovereign Immunity: Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel

Jack Coker III

Volume 14

Spring 2013

Issue 3

Drafting Effective Noncompete Clauses and Other Restrictive Covenants:  Considerations Across the United States

Kyle B. Sill

The Cost of Mandatory Minimum Sentences

Maggie E. Harris

How Framing the Issue Can Result in Life or Death:  A Look at Hill v. Humphrey’s Procedural Undermining of the Constitutional Right of the Intellectually Disabled to Avoid Execution

Christian A. Rogers

Volume 14

Winter 2013

Issue 2

The Use of Theory Making and Doctrine Making of Regulatory Takings Theory to Examine the Needs, Reasons, and Arguments to Establish Judicial Takings Theory 

James E. Holloway and Donald C. Guy

Criminal Justice and the 2011-2012 United States Supreme Court Term

Madhavi M. McCall, Michael A. McCall, and Christopher E. Smith

Testing Judicial Assumptions of the “Consensual” Encounter:  An Experimental Study

Alisa M. Smith, Erik Dolgoff, and Dana Stewart Speer

Sackett v. EPA Uses Statutory Interpretation to Limit the EPA’s Power over Wetlands, Overruling a Majority and Leaving Circuits Split over Due Process

Jessica Pierce Quiggle

Volume 14

Fall 2012

Issue 1

Developments in Dendrite

Paul Alan Levy

Public Forum 2.1:  Public Higher Education Institutions and Social Media

Robert H. Jerry II and Lyrissa Lidsky

Cyberbullying and the First Amendment

Jacqueline D. Lipton 

The Wired Jury:  An Early Examination of Courts' Reactions to Jurors' Use of Electronic Extrinsic Evidence 

Eric P. Robinson

Volume 13

Spring 2012

Issue 3

Jailing the Johns:  The Issue of Demand in Human Sex Trafficking

Cheryl George

A New Sheriff in Town:  Armistice in the War on Drugs and Students' Civil Rights

Susan P. Stuart

The Right to be Offended:  The Greatest of all Unenumerated Rights

Hans C. Wahl

Mediagathering vs. Newsgathering:  Giving the Freedom of the Press Clause Due Recognition

Camille Anjes Higham

Volume 13

Winter 2012

Issue 2

Effectiveness Requires Listening: How to Assess and Improve Listening Skills

Neil Hamilton 

Letting Students Teach Each Other: Using Peer Conferences in Upper-Level Legal Writing

Sheila Rodriguez          

Florida's Controversial Gun Policy: Liberally Permitting Citizens to Arm Themselves and Broadly Recognizing the Right to Act in Self-Defense

Lydia Zbrzeznj 

Doggedly Protecting the Sacred Home Under the Fourth Amendment: Jardines v. State

Caterina A. Mainardi

Volume 13

Fall 2011

Issue 1

Joint Terrorism Task Forces as a Window into the Security vs. Civil Liberties Debate

Tung Yin

Privacy Distortion Rationale for Reinterpreting the Third-Party Doctrine of the Fourth Amendment

Saby Ghoshray

Security for Liberty:  Ten Years After 9/11, Why Americans Should Care About the Extension of the PATRIOT Act and Its Civil Liberties Implications

Angela D. Bussone

Freight Rail Transportation in the Post-9/11 Era:  Balancing Safety and Freedom in a Corporate Setting

Barrett Rodriguez

Volume 12

Spring 2011

Issue 3

An Empirical Analysis of California Assembly Bill 488: Access to Information on Registered Sex Offenders Over the Internet Reduces Recidivism

William Encinosa & Michael Roussis

Senate Bill 1070: An Opportunity to Align the Interests of Federal and State Governments With the Rights of the Child

Austin Tyler Brown

Arbitrating Issues You Might Not Have Agreed To: Rent-A-Center, West, Inc. V. Jackson

Carlo Marichal

Volume 12

Winter 2011

Issue 2

Seeing the Forest for the Trees:  The Transaction or Occurrence and the Claim Interlock Civil Procedure

Douglas D. McFarland

Sitting on Your Rights:  Why the Statute of Limitations for Adverse Possession Should not Protect Couch Potato Future Interest Holders

Stevie Swanson         

Fifty Plus Years After the Start of the Civil Rights Movement:  A Contextual Analysis of the Freedom of Association for the National Association for the Advancement of Colored People's Pursuit of Reforming the Law

L. Darnell Weeden

The Price of Justice:  Allocating Attorneys' Fees in Civil Litigation

Christopher R. McLennan

Internet Dating Websites:  A Refuge for Internet Fraud

Trenton E. Gray

Volume 12

Fall 2010

Issue 1


C. Quince Hopkins

The First Amendment Right to Free Exercise of Religion, Nondiscrimination Statutes Based on Sexual Orientation and Gender Identity, and the Free Exercise Claims of Non-Church-Related Employers

Jillian T. Weiss

Sorry Ma'am, Your Baby is an Alien:  Outdated Immigration Rules and Assisted Reproductive Technology

Scott Titshaw

Public Policy, Same-Sex Marriage, and Exemptions for Matters of Conscience

Mark Strasser

Gay and Lesbian Elders:  Estate Planning and End-of-Life Decision Making

Nancy J. Knauer

Estate Planning for Same-Sex Couples:  Practicalities, Precautions, Perils, and Proposals

Anthony M. Brown

Volume 11

Spring 2010

Issue 3

Procedural Squabbling Ahead of Global Annihilation: Strengthening the National Environmental Policy Act in a New Technological Era

Matthew M. Villmer

Saying, Wearing, Watching, and Doing: Equal First Amendment Protection for Coming Out, Having Sex, and Possessing Child Pornography

Megan Stuart

Deference to a Reference: Incorporating Arbitration Where It Ought Not Be

Stuart M. Boyarsky

F.U.C.K.: FCC's Unlimited Censorship Keeps-Going; When Will This Shit End?

John W. Lees

Upholding the Oath of Competency While Filling the Indigent Void: Why the Law School Curriculum Should be Extended to a Fourth Year

Adam J. T.W. White

Volume 11

Winter 2010

Issue 2

Pandora's Dismay: Eliminating Coverage-Related Barriers to Hospice Care

Kathy L. Cerminara

Retroactive Child Support - A Tangle of Competing Interests

Shelley Kierstead

Aging, Driving, and Public Health: A Therapeutic Jurisprudence Approach

Bruce J. Winick, Alina M. Perez

Florida Collaborative Family Law: The Good, the Bad, and the (Hopefully) Getting Better

Marsha B. Freeman

Employment Law as if People Mattered: Bringing Therapeutic Jurisprudence into the Workplace

David C. Yamada

The Collateral Anti-Therapeutic Effects of the Death Penalty

Cynthia F. Adcock

Volume 11

Fall 2009

Issue 1

The Newest Form of Indian Gaming: Gaming the Unions

Alessandro A. Apolito

Borrowing from the Old to Create Something New and Helping Transsexuals Feel Less Blue: A Proposal for Change in Transsexual Marriage Debates

Shawn M. Berry

Personal Jurisdiction Based on Internet Activities: Oldfield v. Pueblo De Bahia Lora, S.A. – The Eleventh Circuit Finally Discusses Zippo but Leaves Lower Courts Needing More Guidance

Judy A. Clausen

Are Real Estate Speculators Entitled to Affirmative Relief Under the Federal Interstate Land Sales Full Disclosure Act as Interpreted by Florida Courts?

H. Michael Muniz

Countering the Stoneridge Critics: The Prudence of Maintaining the Status Quo for Lawyer Liability Under Rule 10B-5

Lawrence Scheinert

Volume 10

Spring 2009

Issue 3

Therapeutic Jurisprudence, Legal Landscapes, and Form Reform: The Case of Diversion

David B. Wexler

Fooling Ourselves? An Ethical and Constitutional Analysis of Lawyer-to-Lawyer Advertising

Stephen A. Bailey

Putting the Government to the (Heightened, Intermediate, or Strict) Scrutiny Test: Disparate Applications Shows Not All Rights and Powers are Created Equal

Jennifer L. Greenblatt

Is RAP Gone? How Old Port Cove Holdings, Inc. Still Leaves RAP Alive in Florida

Kyle B. Sill

Volume 10

Winter 2009

Issue 2

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

Agroterrorism and Ecoterrorism: A Survey of Indo-American Approaches Under Law and Policy to Prevent and Defend Against These Potential Threats Ahead

Kevin H. Govern

Applying Therapeutic Jurisprudence and Preventive Law to the Divorce Process: Enhancing the Attorney-Client Relationship and the Florida Practice and Procedure Form "Marital Settlement  Agreement for Dissolution of Marriage with Dependent or Minor Child(ren)

Dax Miller

The Originality of Photographs for Purposes of Copyright Law Before and After Bridgeman Art Library, Ltd. v. Corel Corp

Kimberly N. Dobson

Eighth Amendment Challenges to Death Penalty Protocols: How Baze v. Rees Will Engender Future Collateral Attacks on the Death Penalty

Jenna Zerylnick

Volume 10

Fall 2008

Issue 1

Divorce: A Normative Analysis

Gary Chartier

The Earth Alliance Constitution: International Human Rights Law and Babylon 5

Roy Balleste

Legal Redress and Institutional Sexual Abuse: A Study of the Experiences of Deaf and Hard of Hearing Survivors

Lupin Battersby, Lorraine Greaves, and Rodney Hunt

Behind the Times: Florida's Failure to Recognize Insolvency as Satisfying the Inadequate Remedy at Law Requirement for Injunctive Relief

Matthew J. Lavisky

Stoneridge: Reliance Brings Relief to Secondary Actor

Aneta D. Mincheva

Volume 9

Spring 2008

Issue 3

The Pursuit of Virtual Life, Liberty, and Happiness and its Economic and Legal Recognition in the Real World

Jeff W. LeBlanc

Cost Effective Legal Research Redux:  How to Avoid Becoming the Accidental Tourist, Lost in Cyberspace

Lisa Smith-Butler

Marriage:  A Normative Framework

Garry Chartier


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