Content Posted in 2020 | UF Law Scholarship Repository | University of Florida Levin College of Law Research

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Content Posted in 2020

Accommodation Subverted: The Future of Work/Family Initiatives in a 'Me, Inc.' World, Rachel Arnow-Richman

A Common Law of Zoning, Michael Allan Wolf

A Knowledge Theory of Tacit Agreement, Wentong Zheng

A Nihilistic View of the Efficient Breach, Jeffrey L. Harrison

Antidiscriminatory Algorithms, Stephanie Bornstein

“Antitrust's Least Glorious Hour”: The Robinson-Patman Act, Roger D. Blair and Christina DePasquale

Author Meets Reader, Scholar Meets Worker: An Introduction to the Section on Labor Relations and Employment Law 2011 AALS Panel Presentation, Rachel Arnow-Richman

Bargaining for Loyalty in the Information Age: A Reconsideration of the Role of Substantive Fairness in Enforcing Employee Noncompetes, Rachel Arnow-Richman

Bargaining in the Shadow of the Debt Ceiling: When Negotiating Over Spending and Tax Laws, Congress and the President Should Consider the Debt Ceiling a Dead Letter, Neil H. Buchanan and Michael C. Dorf

Beyond Trademarks and Offense: Tam and the Justices’ Evolution on Free Speech, Clay Calvert

Bilateral Monopoly, Two-Sided Markets, and the E-Books Conspiracy, Roger D. Blair and Wenche Wang

Borrowing By Any Other Name: Why Presidential "Spending Cuts" Would Still Exceed the Debt Ceiling, Neil H. Buchanan and Michael C. Dorf

Broadening the Use of Municipal Mortgages, Peter Molk

Can the Undue-Burden Standard add Clarity and Rigor to Intermediate Scrutiny in First Amendment Jurisprudence? A Proposal Cutting Across Constitutional Domains for Time, Place & Manner Regulations, Clay Calvert and Minch Minchin

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

Citations, Justifications, and the Troubled State of Legal Scholarship: An Empirical Study, Jeffrey L. Harrison and Amy R. Mashburn

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

Contract Stories: Importance of the Contextual Approach to Law, Larry A. DiMatteo

Contractual Excuse Under the CISG: Impediment, Hardship, and the Excuse Doctrines, Larry A. DiMatteo

Cubewrap Contracts: The Rise of Delayed Term, Standard Form Employment Agreements, Rachel Arnow-Richman

Diagnosis Dangerous: Why State Licensing Boards Should Step in to Prevent Mental Health Practitioners from Speculating Beyond the Scope of Professional Standards, Jennifer S. Bard

Discovery Hydraulics, Seth Katsuya Endo

Discrimination against Mothers is the Strongest Form of Workplace Gender Discrimination: Lessons from US Caregiver Discrimination Law, Stephanie Bornstein, Joan C. Williams, and Genevieve R. Painter

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

Don't End or Audit the Fed: Central Bank Independence in an Age of Austerity, Neil H. Buchanan and Michael C. Dorf

Dr. Miles's Orphans: Vertical Conspiracy and Consignment in the Wake of Leegin, Jeffrey L. Harrison

Employer Costs And Conflicts Under The Affordable Care Act, Peter Molk

Employment as Transaction, Rachel Arnow-Richman

Employment Law Inside Out: Using the Problem Method to Teach Workplace Law, Rachel Arnow-Richman

Fake News and the First Amendment: Reconciling a Disconnect Between Theory and Doctrine, Clay Calvert, Stephanie McNeff, Austin Vining, and Sebastian Zarate

Filtering Fake News through a Lens of Supreme Court Observations and Adages, Clay Calvert and Austin Vining

Finding Balance, Forging a Legacy: Harassers’ Rights and Employer Best Practices in the Era of MeToo, Rachel Arnow-Richman

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

Fissures, Fractures & Doctrinal Drifts: Paying the Price in First Amendment Jurisprudence for a Half Decade of Avoidance, Minimalism & Partisanship, Clay Calvert and Matthew D. Bunker

Four out of Four Panelists Agree: U.S. Fiscal Policy Does Not Cheat Future Generations, Neil H. Buchanan

From Opera to Real Democracy: Popular Constitutionalism and Web 2.0, Elizabeth Dale

Gag Clauses and the Right to Gripe: The Consumer Review Fairness Act of 2016 & State Efforts to Protect Online Reviews from Contractual Censorship, Clay Calvert

Good Deficits: Protecting the Public Interest from Deficit Hysteria, Neil H. Buchanan

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

How Do LLC Owners Contract Around Default Statutory Protections?, Peter Molk

How the War on Terror Is Transforming Private U.S. Law, Maryam Jamshidi

How to Choose the Least Unconstitutional Option: Lessons for the President (and Others) from the Debt Ceiling Standoff, Neil H. Buchanan and Michael C. Dorf

Incenting Flexibility: The Relationship Between Public Law and Voluntary Action in Enhancing Work/Life Balance, Rachel Arnow-Richman

Indecency Four Years After Fox Television Stations: From Big Papi to a Porn Star, An Egregious Mess at the FCC Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, and Tershone Phillips

Insider Trading in Congress: The Need for Regulation, Matthew Barbabella, Daniel Cohen, Alex Kardon, and Peter Molk

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

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

Intentional Infliction of Emotional Distress & The Hulk Hogan Sex Tape: Examining a Forgotten Cause of Action in Bollea v. Gawker Media, the Gap It Reveals in IIED’s Constitutionalization, and A Path Forward for Revenge Porn Victims, 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

Is it Sometimes Good to Run Budget Deficits? If so, Should We Admit It (Out Loud)?, Neil H. Buchanan

Just Notice: Re-Reforming Employment At-Will, Rachel Arnow-Richman

Legislating the First Amendment: A Trio of Recommendations for Lawmakers Targeting Free Expression, Clay Calvert

LLCs and the Private Ordering of Dispute Resolution, Peter Molk and Verity Winship

Medicare Meets Mephistopheles: Health Care, Government Spending, and Economic Prosperity, Neil H. Buchanan

Modifying At-Will Employment Contracts, Rachel Arnow-Richman

Moonlighting Sonata: Conflicts, Disclosure and the Scholar/Consultant, Jeffrey L. Harrison and Amy R. Mashburn

More Ways to Protect LLC Owners and Preserve LLC Flexibility, Peter Molk

Newsgathering Takes Flight in Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, and Matthew D. Bunker

Nullifying the Debt Ceiling Threat Once and for All: Why the President Should Embrace the Least Unconstitutional Option, Neil H. Buchanan and Michael C. Dorf

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

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

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

Playing With Fire? Testing Moral Hazard in Homeowners Insurance Valued Policies, Peter Molk

Pleading Poverty in Federal Court, Andrew Hammond

Problems in Sharing the Surplus, Roger D. Blair and Thomas Knight

Professional Standards and the First Amendment in Higher Education: When Institutional Academic Freedom Collides with Student Speech Rights, Clay Calvert

Protecting LLC Owners While Preserving LLC Flexibility, Peter Molk

Protecting the Public from Itself: Paternalism and Irony in Defining Newsworthiness, Clay Calvert

Public Law and Private Process: Toward an Organizational Justice Model of Equal Employment Quality for Caregiver, Rachel Arnow-Richman

Public-Private Co-Enforcement Litigation, Stephanie Bornstein

Reforming Nonprofit Exemption Requirements, Peter Molk

Regulating for the First Time the Decision to Grant Consumer Credit: A Look at the First Steps Taken by the United States and Australia, Jeffrey Davis

Reining in Internet-Age Expansion of Exemption 7(C): Towards a Tort Law Approach for Ferreting out Legitimate Privacy Concerns and Unwarranted Intrusions Under FOIA, Clay Calvert, Austin Vining, and Sebastian Zarate

Reregulation and the Regulatory Timeline, Peter Molk and Arden Rowell

Responding to Requests for Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, Jennifer S. Bard and Lindsay Penrose

Response to Working Group on Chapter 2 of the Proposed Restatement of Employment Law: Putting the Restatement in its Place, Rachel Arnow-Richman

Rethinking Major League Baseball’s Antitrust Exemption, Roger D. Blair and Wenche Wang

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

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

Scaling Carnegie: Four Iterations of Teaching Transactional Workplace Law Skills, Rachel Arnow-Richman

Situational Ethics and Veganism, Neil H. Buchanan

Social Security and Government Deficits: When Should We Worry?, Neil H. Buchanan

Social Security is Fair to All Generations: Demystifying the Trust Fund, Solvency, and the Promise to Younger Americans, Neil H. Buchanan

Speech v. Conduct, Surcharges v. Discounts: Testing the Limits of the First Amendment and Statutory Construction in the Growing Credit Card Quagmire, Clay Calvert, Rich Shumate, Stephanie McNeff, and Stephenson Waters

Spite: Legal and Social Implications, Jeffrey L. Harrison

Straight Out of Compton: Developmental Equality and a Critique of the Compton School Litigation, Nancy E. Dowd

Sunrise, Sunset: An Empirical and Theoretical Assessment of Dual-Class Stock Structures, Andrew William Winden

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

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

The Case Against Income Averaging, Neil H. Buchanan

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

The Dramas of Criminal Law: Thurman Arnold’s Post-Realist Critique of Law Enforcement, Mark Fenster

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

The Government Speech Doctrine in Walker’s Wake: Early Rifts and Reverberations on Free Speech, Viewpoint Discrimination, and Offensive Expression, Clay Calvert

The Government's Role in Climate Change Insurance, Peter Molk

The Law and Economics of (Functional) Antitrust Standing in the United States and the European Union, Jeffrey L. Harrison

The NCAA’s Transfer Rules: An Antitrust Analysis, Roger D. Blair and Wenche Wang

The Ownership of Health Insurers, Peter Molk

The Puzzling Lack of Cooperatives, Peter Molk

The Right to Record Images of Police in Public Places: Should Intent, Viewpoint, or Journalistic Status Determine First Amendment Protection?, Clay Calvert

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

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

Underinclusivity and the First Amendment: The Legislative Right to Nibble at Problems After Williams-Yulee, Clay Calvert

What Do We Owe Future Generations?, Neil H. Buchanan

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

What Kind of Environment Do We Owe Future Generations?, Neil H. Buchanan

Why We Should Never Pay Down the National Debt, Neil H. Buchanan

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