Date of Publication:
Ashley Krenelka Chase, Leading with (Next to) Nothing: A Blueprint for Active Library Leadership When Times Are Tough, 24 Strategic Library 1 (2016)Clicking on the button will copy the full recommended citation.
Date of Publication:
Ellen S. Podgor, Criminal Procedure: It Wasn’t Always So, 13 Ohio St. J. Crim. L. 469 (2016)Clicking on the button will copy the full recommended citation.
Date of Publication:
James W. Fox, Counterpublic Originalism and the Exclusionary Critique, 67 Ala. L. Rev. 675 (2016)Clicking on the button will copy the full recommended citation.
This Article proposes a new form of originalism — Counterpublic Originalism — as a method to better incorporate excluded communities into the narratives of constitutional history. Looking at a broad range of originalists, from conservative (McGinnis & Rappaport, Calabresi & Rickerts) to progressive (Amar, Balkin), I find that each wrongly assumes some version of a single “public” at the time of ratification, a “public” comprised of the very elites who were benefiting from the exclusionary practices. Focusing on the Reconstruction period, I argue that there was no definitive “public” but instead a series of partial publics, some (white men) who were legally and socially privileged and dominant, and others (feminists, African-Americans) who operated as dissenting communities that developed their own normative discourse and challenged dominant views and interests. I then argue that these dissenting communities, or counterpublics, provide important sources of public discourse and activity that spoke to precisely the questions and ideas raised in constitutional amendments, and particularly in the Reconstruction Amendments. In the process I also challenge the Supreme Court’s and scholarly treatment of African-American materials on the meaning of the Second Amendment during Reconstruction.
Date of Publication:
Roy Balleste, Interstellar Travel and the Mission for Outer Space: A Human Rights Perspective, 18 SMU Sci. & Tech. L. Rev. 219 (2015)Clicking on the button will copy the full recommended citation.
The public, whose support is needed to continue exploring outer space, will support outer space exploration when the social contract can demonstrably coexist with a process that increases the potential for a dignified life. Preferably, the development of space exploration starts with such a balance. Societies that deny the free flow of ideas will experience the opposite result. Over-restrictive policies, for example, illustrate how outer space exploration may interfere with reaching the resources found in that great expanse. Indeed, society's assessment of the Internet's development may predict society's assessment of outer space exploration. This article will address similarities and the need for appropriate management.
Governments and the private sector are at the center of this future management. Generally speaking, by acting in a managerial capacity, they both have the power to either propel humanity into space with expansionist policies or maroon our global society with repressive policies. But, neither are solely responsible because the future of space exploration rests with all humanity. Shared responsibility is central to the concept of a multi-stakeholder process.
This article also acknowledges the importance of space exploration and provides a view into the achievements of humanity. But, above all, this article explores the ideas and ideals of those engineers, astrophysicists, astronauts, radar technicians, and satellite technologists that have prepared humanity for future exploration and commercialization of this new frontier.
Date of Publication:
Anthony Palermo, Doctors as Debt Collectors? Healthcare Providers and the Florida Consumer Collection Practices Act, 67 Fla. L. Rev. Forum 105 (2015)Clicking on the button will copy the full recommended citation.
Beginning in the 1960s, state legislatures across the country enacted consumer protection acts that “were originally designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers from ‘unfair or deceptive acts or practices’ and are referred to as ‘Little-FTC Acts.’” As the area of consumer collection continues to grow in Florida, various healthcare providers are finding themselves subject to or threatened with a lawsuit for alleged violations of the Florida Consumer Collection Practices Act (FCCPA) and its federal counterpart, the Fair Debt Collection Practices Act (FDCPA), as well as the Telephone Consumer Protection Act (TCPA).
Communications with patients—often sent in accordance with collection policies and procedures, patient agreements, form patient statements, dunning messages, and collection agency contracts—are becoming vehicles for consumer collection claims and exposing healthcare providers to liability. Healthcare providers should become familiar with Florida’s consumer collection laws and implement strategies to increase compliance with and decrease exposure under the FCCPA, FDCPA, and the TCPA.
Date of Publication:
Candace Zierdt and Kristen David Adams, International Sales of Goods, 70 Bus. Law. 1269 (2015)Clicking on the button will copy the full recommended citation.
Date of Publication:
Anthony Palermo, Attention Lenders! The TILA-RESPA Integrated Disclosure Rule Is Taking Effect: Two New Disclosure Forms Are Required for Most Closed-End Consumer Mortgage Loans, Corporate Counsel: ABA Young Lawyers Division Newsletter (2015)Clicking on the button will copy the full recommended citation.
Date of Publication:
Christine E. Cerniglia, The Integrated Curriculum of the Future: Eliminating A Hidden Curriculum to Unveil a New Era of Collaboration, Practical Training and Interdisciplinary Learning, 7 Elon L. Rev. 167 (2015)Clicking on the button will copy the full recommended citation.
Date of Publication:
James W. Fox, Book Review, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship. Kurt. T. Lash, 30 Const. Comment. 567 (2015)Clicking on the button will copy the full recommended citation.
In this essay I review Kurt Lash’s The Fourteenth Amendment and the Privileges and Immunities of American Citizenship. Lash has written perhaps the most important work to date on the background of the Fourteenth Amendment’s Privileges or Immunities Clause. This essay summarizes the basic insights and arguments of the book and then presents a critique of it on two levels. First, it argues that the background of the Privileges or Immunities Clause is more ambiguous than Lash suggests and that this background does not support Lash’s rejection of natural rights interpretations of the Clause. Second, and more fundamentally, the essay argues that Lash — consistent with some other contemporary originalists — assumes an overly narrow concept of the historical public in his pursuit of the public meaning behind the Clause. Given the formal and informal exclusions of women and minorities from public discourse and decision-making, it is impossible to speak of a unitary “public.” We should consider instead how to identify and incorporate multiple publics and to consider what such a multi-public or counterpublic approach to historical meanings might look like.
Date of Publication:
Cynthia Hawkins DeBose and Ekaterina DeAngelo, The New Cold War: Russia’s Ban on Adoptions by U.S. Citizens, 28 Journal of the American Academy of Matrimonial Lawyers 51 (2015)Clicking on the button will copy the full recommended citation.