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Ann Piccard, Direct Appeal Jurisdiction of Florida’s District Courts of Appeal, 33 Stetson L. Rev. 152 (2003)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Schemes to Defraud, 27 Champion 12 (2003)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Perspectives on Wetlands and Biodiversity: International Law, Iraqi Marshlands and Incentives for Restoration, 15 Colorado Journal of International Envtl. L. and POlicy 1 (2003)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Rehabilitating Nature: A Comparative Review of Legal Mechanisms That Encourage Wetland Restoration Efforts, 52 Cath. U. L. Rev. 573 (2003)Clicking on the button will copy the full recommended citation.
This article reviews the current legal mechanisms throughout the world that are designed to encourage wetland restoration activities. Part I examines international law that calls for wetland restoration. Part II explores non-regulatory programs that offer financial incentives for wetland restoration. In particular, direct payments to landowners and indirect payments through tax deductions and credits are noted. Part III explores domestic, non-cash incentives that are outside of traditional, permit-based regulatory programs. Such incentives include the generation of good will or favorable publicity for corporations (or their desire to avoid unfavorable publicity), governmental permission to conduct harvesting activities that would otherwise be limited or prohibited, and governmental assurances not to impose stricter land-use controls if the restoration project results in environmental improvements. Part IV reviews several domestic regulatory programs and indentifes incentives for wetland restoration, including mitigation banking.
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Joseph F. Morrissey, Catching the Culprits: Is Sarbanes-Oxley Enough?, 2003 Colum. Bus. L. Rev. 801 (2003)Clicking on the button will copy the full recommended citation.
Catching the Culprits: Is Sarbanes-Oxley Enough discusses the fact that three major events occurred in the mid to late 1990s to make the securities fraud regulatory regime more lax. Those three events were: the elimination of a private right of action for aiding and abetting securities fraud, the passage of the Private Securities Litigation Reform Act of 1995 (the PSLRA) and the passage of Securities Litigation Uniform Standards Act of 1998 (the SLUSA). My conclusion is that while the Sarbanes-Oxley Act does create certain safeguards for investors, it does not undo the harm that those three events of the 1990s caused. My article argues that what is needed is for aiding and abetting liability to be revived and for the harsh anti-liability provisions of the PSLRA and the SLUSA to be rescinded.
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Luz Estella Nagle, Foreward, 32 Stetson L. Rev. 725 (2003)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose, Book Review, David E. Wilkins & K. Tsianina Lomawaima, Uneven Ground American Indian Sovereignty and Federal Law, 13 Law & Pol'y Book Review (2003)Clicking on the button will copy the full recommended citation.
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Michael S. Finch, Introduction, 32 Stetson L. Rev. 241 (2003)Clicking on the button will copy the full recommended citation.
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Peter Lake and Nancy Tribbensee, The Emerging Crisis of College Student Suicide: Law and Policy Responses to Serious Forms of Self-Inflicted Injury, 32 Stetson L. Rev. 125 (2002)Clicking on the button will copy the full recommended citation.
The number-one student risk factor in the minds of most college administrators now is alcohol use, and to a certain extent, the use of other drugs. Alcohol has been a risk factor in a number of prominent student deaths, including the untimely death of Scott Krueger at MIT. Alcohol is heavily associated with secondary risks, such as sexual assault and student riots over changes in alcohol policies. High-risk alcohol use is also a major factor in self-inflicted injury. The Authors anticipate that in the near term, however, attention paid to suicide and other serious forms of self-inflicted injury will continue to increase and that these concerns may begin to gain prominence.
The American legal system has been reluctant to hold institutions liable for suicide or self-inflicted injury. Traditionally, an individual who committed suicide was thought to be the sole proximate cause of injury; therefore, other entities were not responsible for the suicide. These traditional legal rules translated into substantial protection for colleges and institutions of higher education with respect to suicide and self-inflicted injury. Such legal protection has created the reality that many institutions have not placed high priority on these issues. The Authors describe various factors that could begin to erode legal protections of colleges regarding student suicide. Many of these factors are already evident in the case law and in noncollege cases. The Authors offer a law-and-policy vision of appropriate college responses to student suicide and self-inflicted injury based in large measure on the facilitator model first put forth by Professors Bickel and Lake in their book, The Rights and Responsibilities of the Modern University: Who Assumes the Risks of College Life? The Authors recognize that universities are not in a position to place the general student population in custodial control sufficient to prevent suicide. A need to do so would undermine the very nature of the academy. Colleges cannot be bystanders, however, to this major social issue, which promises to become a major form of risk to manage in college communities. The college of the future will strive to create a reasonably safe learning environment supportive of individuals with mental-health issues and will be prepared to take reasonable steps to protect the physical safety of those and other individuals.
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Tim Kaye, Loss of Education is Damage to Property, 8 Educ., Pub. L. & Individual 12 (2003)Clicking on the button will copy the full recommended citation.