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UF Law Faculty Publications

Submissions from 2020 2020

Sustainable Tax Policy through the Lens of Intergenerational Justice, Neil H. Buchanan

White Privilege: What It Is, What It Is Not, and How It Shapes American Discussions of Policing and Historical Iconography, Neil H. Buchanan

The Spurious Allure of Pass-Through Parity, Karen C. Burke

Dissent, Disagreement and Doctrinal Disarray: Free Expression and the Roberts Court in 2020, Clay Calvert

Escaping Doctrinal Lockboxes in First Amendment Jurisprudence: Workarounds for Strict Scrutiny for Low-Value Speech in the Face of Stevens and Reed, Clay Calvert

Rescinding Admission Offers in Higher Education: The Clash between Free Speech and Institutional Academic Freedom When Prospective Students' Racist Posts Are Exposed, Clay Calvert

Testing the First Amendment Validity of Laws Banning Sexual Orientation Change Efforts on Minors: What Level of Scrutiny Applies after Becerra and Does a Proportionality Approach Provide a Solution?, Clay Calvert

Troll Storms and Tort Liability for Speech Urging Action by Others: A First Amendment Analysis and An Initial Step Toward A Federal Rule, Clay Calvert

Regulate Physician Restrictive Covenants to Improve Healthcare, Judy Ann Clausen

Negative Identity and Conflict, Jonathan R. Cohen

The Unwritten Rules of Liberal Democracy, Charles W. Collier

Black Lives Matter: Trayvon Martin, the Abolition of Juvenile Justice and #BlackYouthMatter, Nancy Dowd

Children’s Equality Rights: Every Child’s Right to Develop to their Full Capacity, Nancy E. Dowd

Children's Equality: Strategizing a New Deal for Children, Nancy E. Dowd

Children's Equality: The Centrality of Race, Gender, and Class, Nancy E. Dowd

Expanding the Framework of Family Issues: Bringing Children’s Rights and Children’s Perspectives into Immigration, Nancy E. Dowd

Contracting for Confidential Discovery, Seth Katsuya Endo

Minding the Gaps in Regulation of Do-it-Yourself Biotechnology, Barbara J. Evans

Deadly Delay: The FDA's Role in America's COVID-Testing Debacle, Barbara J. Evans and Ellen Wright Clayton

Integrative Environmental Law: A Prescription for Law in the Time of Climate Change, Alyson C. Flournoy

The Rise and (Potential) Fall of U.S. Cartel Enforcement, Vivek Ghosal and D. Daniel Sokol

Litigating Welfare Rights: Medicaid, SNAP, and the Legacy of the New Property, Andrew Hammond

How the COVID-19 Pandemic Has and Should Reshape the American Safety Net, Andrew Hammond, Ariel Jurow Kleiman, and Gabriel Scheffler

After Forty Years of Antitrust Revision and Apple v. Pepper, What Now Illinois Brick?, Jeffrey L. Harrison

Taxing Book Profits: New Proposals and 40 Years of Critiques, Mindy Herzfeld

Cooperative Federalism and SIJS, Shani M. King and Nicole Silvestri Hall

Unaccompanied Minors, Statutory Interpretation, and Due Process, Shani M. King and Nicole Silvestri Hall

The Systems Approach to Teaching Business Associations, Lynn M. LoPucki and Andrew Verstein

"Downright Indifference": Examining Unpublished Decisions in the Federal Courts of Appeals, Merritt E. McAlister

Judging and Baseball, Merritt E. McAlister

Direct Evidence of a Sherman Act Agreement, William H. Page

The Political Economy of Corporate Law and Governance: American and Korean Rules Under Different Endogenous Conditions and Forms of Capitalism, Robert J. Rhee

eBay, Permanent Injunctions, and Trade Secrets, Elizabeth A. Rowe

The Dog Walker, the Birdwatcher and Racial Voice: The Manifest Need to Punish Racial Hoaxes, Katheryn Russell-Brown

The Soul Savers: A 21st Century Homage to Derrick Bell’s Space Traders or Should Black People Leave America?, Katheryn Russell-Brown

Antitrust's "Curse of Bigness" Problem, D. Daniel Sokol

Rethinking the Efficiency of the Common Law, D. Daniel Sokol

Artificial Intelligence and Climate Change, Amy L. Stein

Energy Emergencies, Amy L. Stein

Is Solitary Confinement a Punishment?, John F. Stinneford

Litigation Blues for Red-State Trusts: Judicial Construction Issues for Wills and Trusts, Lee-ford Tritt

Check State: Avoiding Preemption by Using Incentives, Michael Allan Wolf

What Happened to Grandma’s House: The Real Property Implications of Dying Intestate, Danaya C. Wright

The Digital Challenge to International Trade Law, Wentong Zheng

Submissions from 2019 2019

What Florida's Constitution Revision Commission Can Teach and Learn from Those of Other States, Mary E. Adkins

Discordant Environmental Laws: Using Statutory Flexibility and Multi-Objective Optimization to Reconcile Conflicting Laws, Mary Jane Angelo

Taxing the Digital Economy Post-BEPS…Seriously, Andres Báez Moreno and Yariv Brauner

Antidiscriminatory Algorithms, Stephanie Bornstein

Public-Private Co-Enforcement Litigation, Stephanie Bornstein

The Statutory Public Interest in Closing the Pay Gap, Stephanie Bornstein

Book Review: International Tax Policy: Between Competition and Cooperation, Yariv Brauner

Secrets of the Deep: Defining Privacy Underwater, Annie Brett

Certifying Questions in First Amendment Cases: Free Speech, Statutory Ambiguity, and Definitive Interpretations, Clay Calvert

Is Everything a Full-Blown First Amendment Case After Becerra and Janus? Sorting out Standards of Scrutiny and Untangling "Speech as Speech" Cases from Disputes Incidentally Affecting Expression, Clay Calvert

Merging Offensive-Speech Cases with Viewpoint-Discrimination Principles: The Immediate Impact of Matal v. Tam on Two Strands of First Amendment Jurisprudence, Clay Calvert

The FCC and Profane Language: The Lugubrious Legacy of a Moral Panic and a Grossly Offensive Definition that must be Jettisoned, Clay Calvert

The First Amendment and Speech Urging Suicide: Lessons from the Case of Michelle Carter and the Need to Expand Brandenburg's Application, Clay Calvert

Wither Zauderer, Blossom Heightened Scrutiny? How the Supreme Court’s 2018 Rulings in Becerra and Janus Exacerbate Problems with Compelled-Speech Jurisprudence, Clay Calvert

Inefficiency of Specific Performance As a Contractual Remedy in Chinese Courts: An Empirical and Normative Analysis, Lei Chen and Larry A. DiMatteo

The Armed Society and Its Friends: A Reckoning, Charles W. Collier

Equality, Equity, and Dignity, Nancy E. Dowd

Radical ACEs: Building Resilience and Triggering Structural Change, Nancy E. Dowd

Introduction: Early Childhood Symposium - Early Childhood Matters, Nancy E. Dowd and Teresa Drake

Discovery Hydraulics, Seth Katsuya Endo

Terminology Matters: Dangers of Superficial Transplantation, Silvia Ferreri and Larry A. DiMatteo

Recreational Rights to the Dry Sand Beach in Florida: Property, Custom and Controversy, Alyson C. Flournoy, Thomas T. Ankersen, and Sasha Alvarenga

Pleading Poverty in Federal Court, Andrew Hammond

Fingerprints: An Impressionistic and Empirical Evaluation of Richard Posner’s Impact on Contract Law, Jeffrey L. Harrison

Ohio v. American Express: Misunderstanding Two-Sided Platforms, the Charge Card 'Market,' and the Need for Procompetitive Justifications, Jeffrey L. Harrison

Can GILTI + BEAT = GLOBE?, Mindy Herzfeld

Roots of Revolution: The African National Congress and Gay Liberation in South Africa, Joseph S. Jackson

The Climate Crisis Is a Human Security, Not a National Security, Issue, Maryam Jamshidi

Reconceptualizing Criminal Justice Reform For Offenders With Serious Mental Illness, E. Lea Johnston

Child Migrants and America’s Evolving Immigration Mission, Shani M. King

Immigration, Adoption and Our National Identity, Shani M. King

The National Flood Insurance Program at Fifty: How the Fifth Amendment Takings Doctrine Skews Federal Flood Policy, Christine A. Klein

Corporate Charter Competition, Lynn M. LoPucki

Continuity as the Key to Reform of Section 355, Charlene Luke

Cops and Cars: How the Automobile Drove Fourth Amendment Law, Tracey Maclin

Forgotten Limits on the Power to Amend State Constitutions, Jonathan L. Marshfield

Institutional Investors As Short Sellers?, Peter Molk and Frank Partnoy

Implicit Racial Bias and Students' Fourth Amendment Rights, Jason P. Nance

“Essentially Black”: Legal Theory and the Morality of Conscious Racial Identity, Kenneth B. Nunn

Parker v. Brown, the Eleventh Amendment, and Anticompetitive State Regulation, William H. Page and John E. Lopatka

Legal and Clinical Issues Regarding the Pro Se Defendant: Guidance for Practitioners and Policy Makers, Christina L. Patton, Lea Johnston, Colleen M. Lillard, and Michael J. Vitacco

Snapshot of Trade Secret Developments, Elizabeth A. Rowe

Oh, What a Truism the Tenth Amendment Is: State Sovereignty, Sovereign Immunity, and Individual Liberties, Sharon E. Rush

Reinvigorating Criminal Antitrust?, D. Daniel Sokol

A Statutory National Security President, Amy L. Stein

Changing Faces: Morphed Child Pornography Images and the First Amendment, Stacey B. Steinberg

The Stranger-to-the-Marriage Doctrine: Judicial Construction Issues Post-Obergefell, Lee-ford Tritt

The Rise of Business Trusts in Sustainable Neo-Innovative Economies, Lee-ford Tritt and Ryan Scott Teschner

A Common Law of Zoning, Michael Allan Wolf

Comparative Warranty Law: Case of Planned Obsolescence, Stefan Wrbka and Larry A. DiMatteo

A Requiem for Regulatory Takings: Reclaiming Eminent Domain for Constitutional Property Claims, Danaya C. Wright

Disrupting the Wealth Gap Cycles: An Empirical Study of Testacy and Wealth, Danaya C. Wright

'Great Variety of Relevant Conditions, Political, Social and Economic': The Constitutionality of Congressional Deadlines on Amendment Proposals under Article V, Danaya C. Wright

Tearing Down the Wall: How Transfer-on-Death Real-Estate Deeds Challenge the Inter Vivos/Testamentary Divide, Danaya C. Wright and Stephanie Emrick

A Knowledge Theory of Tacit Agreement, Wentong Zheng

Submissions from 2018 2018

Of Power and Process: Handling Harassers in an At-Will World, Rachel Arnow-Richman