Journal Archives

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
Foreword 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 C ollide 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
Introduction 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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