Date of Publication:
Royal C. Gardner, Mitigation Enforcement, Breach of Contract, and the Law of Unintended Consequences, 37 Nat'l Wetlands Newsletter 11– (2015)Clicking on the button will copy the full recommended citation.
Date of Publication:
Susan D. Rozelle, How to Eat the Elephant in the Legal Academy, 31 Columbia Journal of Gender and the Law 44 (2015)Clicking on the button will copy the full recommended citation.
Date of Publication:
Rebecca C. Morgan, An Essay on Reform: Guardianship in the United States, Festschrift in Honor of Dr. Mokoto Arai (2015)Clicking on the button will copy the full recommended citation.
Date of Publication:
Grant Christensen, Selling Stories or You Can’t Own This: Cultural Property as a Form of Collateral in a Second Transaction under the Model Tribal Secured Transactions Act, 80 Brook. L. Rev. 1219 (2015)Clicking on the button will copy the full recommended citation.
The Model Tribal Secured Transactions Act was recently proposed by the National Conference of Commissioners on Uniform State Laws. This article takes the position that the model act, if adopted, will encourage economic development in Indian Country by creating a set of uniform rules which both non-Indians and Indians can utilize to promote lending. Critically – before it is widely adopted, this article implores the NCCUSL to consider including in the model act – language that would protect tribal cultural property; and in the absence of such language, encourages tribes to modify the act to accomplish this protection. The stakes include the potential loss of priceless real and personal, tangible and intangible, cultural property which itself form the linchpin of both tribal identity and cultural expression for many indigenous communities in the United States and beyond.
Date of Publication:
Brooke J. Bowman, Editor’s Note, 20 Legal Writing iii (2015)Clicking on the button will copy the full recommended citation.
Date of Publication:
Kirsten K. Davis, The First Year Legal Writing Course: Praxis Is Pivotal, 28 Second Draft 5 (2015)Clicking on the button will copy the full recommended citation.
This article suggests that the first-year legal writing class is important because it is the primary place where students engage in praxis by exercising judgment about both the means for accomplishing a legal task and the desired ends and enacting their knowledge, skills, and values.
Date of Publication:
Robyn Powell, From the Delivery Room to the Courtroom: Ensuring the Rights of Parents with Disabilities, Health Law Reporter (2014)Clicking on the button will copy the full recommended citation.
This article, an adaption of the Rocking the Cradle report, provides readers with an understanding of this largely overlooked civil rights issue inherent in the discrimination faced by parents with disabilities, focusing on the legal and policy considerations. The first section provides a historical context on the parenting rights of people with disabilities. The following sections examine the four key areas wherein parents and prospective parents with disabilities face discrimination: child welfare, family law, adoption, and assisted reproductive technologies. Finally, the article concludes with a discussion on what Massachusetts is doing to remedy this unjust phenomenon and provides a call to action to Massachusetts advocates and policymakers.
Date of Publication:
Anne E. Mullins, The Flipped Classroom: Fad or Innovation, 92 University of Or. L. Rev. Online 101 (2014)Clicking on the button will copy the full recommended citation.
Date of Publication:
Ellen S. Podgor, Introduction: White Collar Crime, Federal Criminal Law, and Business Crimes Pedagogy, 11 Ohio St. J. Crim. L. 751 (2014)Clicking on the button will copy the full recommended citation.
Date of Publication:
Elizabeth Berenguer, A Call for Change: A Contextual-Configurative Analysis of Florida’s Stand Your Ground Laws, 68 U. Miami L. Rev. 1051 (2014)Clicking on the button will copy the full recommended citation.
Florida’s Stand Your Ground has stood center stage since the tragic killing of Trayvon Martin. On the one hand, certain sectors of society are calling for its repeal, and on the other, proponents vigorously defended its value and efficacy. Despite the public outcry for reform, every attempt to repeal or change the law has been defeated. This Article examines whether Florida’s Stand Your Ground law is inconsistent with commonly-held societal values, and if so, what might prompt a change in the law.
To that end, this Article relies on the jurisprudential framework established by Myres S. McDougal and Harold D. Laswell which identifies the law as an expression of community interests and a source of authority rooted in community values. The common interests, or values, identified by McDougal and Laswell are power, enlightenment, wealth, well-being, skill, affection, respect, and rectitude. This Article examines these values in the context of Florida’s Stand Your Ground laws and analyzing them from competing perspectives to conclude the law is inconsistent with commonly-held community values.
This Article concludes by exposing the legislature’s reticence to repeal the statute as a reflection of its entrenched mode of thinking. It calls for opposition voices to collaborate in advancing reform messages aimed at deconstructing the entrenched categories and restructuring them to prompt an amendment to or repeal of Florida’s Stand Your Ground statutory scheme.