Florida State University law review. Florida State University. College of Law最新文献

{"title":"Taking eugenics seriously: three generations of ??? are enough?","authors":"Paul A Lombardo","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"30 2","pages":"191-218"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24467975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Genes and disability: questions at the crossroads.","authors":"Mary Crossley, Lois Shepherd","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"30 2","pages":"xi-xxiii"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24467974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A choice of evils in prenatal testing.","authors":"David Wasserman","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"30 2","pages":"295-313"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24467979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The ideological context of the disability rights critique: where modernity and tradition meet.","authors":"Janet Dolgin","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"30 2","pages":"343-61"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24467981","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Selecting against difference: assisted reproduction, disability and regulation.","authors":"Suzanne Holland","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"30 2","pages":"401-10"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24467983","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Skeptical Answer to Edmundson's Contextualism: What We Know We Lawyers Know","authors":"Rob Atkinson","doi":"10.2139/SSRN.333461","DOIUrl":"https://doi.org/10.2139/SSRN.333461","url":null,"abstract":"This article responds to Professor Edmundson's epistemological reformulation of the criminal defense paradigm, which holds that criminal defense lawyers are justified in assisting the known guilty avoid punishment. After showing that criminal defense lawyers can often be said to know whether their clients are guilty, in the ordinary sense of the word \"know\", the article challenges Professor Edmundson's suggestion that a special, more restrictive sense of \"know\" should be applied in the context of criminal defense. It concludes that we are still in the very real dilemma Professor Edmundson identifies: Our criminal justice system requires lawyers to represent the known guilty as if they were innocent, but it does not provide a convincing moral justification for that requirement.","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"12 1","pages":"25"},"PeriodicalIF":0.0,"publicationDate":"2002-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78432153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Concept of National Law and the Rule of Recognition","authors":"M. Eisenberg","doi":"10.2139/SSRN.316864","DOIUrl":"https://doi.org/10.2139/SSRN.316864","url":null,"abstract":"It is a commonly held position that a rule cannot be a legal rule unless it is binding; or to put it differently, that one element that distinguishes legal rules from other kinds of rules is that legal rules are regarded as binding by duly constituted officials - typically, courts - who are called upon to apply them. Similarly, it is an often-held position that the law consists of the rules of a jurisdiction that are duly enacted or adopted by officials who have the power to make rules that are binding in the jurisdiction. The thesis of this article is that both positions are incorrect. I begin by developing a concept that I call national law. The concept of national law is that there is a body of law in the United States that is made by officials across jurisdictions, legal scholars, and scholarly institutions, which constitutes law despite the fact that it is not binding in, and is not necessarily made by, officials of a deciding jurisdiction. Examples of national law are the rules that a donative promise is enforceable if relied upon, that an acceptance is effective on dispatch, and that the remedy for breach of a bargain contract is expectation damages. National law is law because, as I show, under the practice of the legal profession, particularly the courts, the rules of national law (and not simply the reasons for those rules) are invoked as legal rules of decision. Next, I take the concept of a rule of recognition as a postulate, and develop the following four principles concerning the meaning, application, and scope of that concept, which are independent of, but exemplified by, the concept of national law: (1) The social group that must accept a secondary rule for the rule to constitute a rule of recognition is the legal profession, rather than simply judges and other officials. (2) Whether the legal profession accepts a secondary rule as a rule of recognition can be determined by examining the kinds of primary rules that are invoked by the profession as legal rules in resolving legal issues in general, and deciding cases in particular. (3) A rule can be a legal rule even though it is not binding. (4) In the United States, law is made not only by judges and other officials of the deciding jurisdiction, but also by the national judiciary, legal scholars, and professional institutions (in particular, the American Law Institute).","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"1998 1","pages":"1229"},"PeriodicalIF":0.0,"publicationDate":"2002-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90457565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Place at the Table: Bush v. Gore Through the Lens of Race","authors":"Spencer A. Overton","doi":"10.2139/SSRN.282614","DOIUrl":"https://doi.org/10.2139/SSRN.282614","url":null,"abstract":"Although African Americans cast a majority of ballots rejected by counting machines following the 2000 presidential election in Florida, legal academic commentators have not grappled with the significance of race in their discussions of Bush v. Gore. This Essay uses race to expose structural shortcomings of merit-based assumptions about democracy embedded in the U.S. Supreme Court's majority per curiam. The Court prohibited a manual count of imperfectly marked ballots, effectively conditioning membership in political community on individual capacity to produce a machine-readable ballot. Despite the Court's individualized focus, however, merit-based assumptions about democracy interfere primarily not with individual rights, but with the ability of groups of voters like African Americans to identify with one another as a political community, to create alliances with others of different backgrounds, and to use the vote to enact political change. Further, merit-based criteria convey an expressive harm of exclusion that carries particular potency in light of a history of poll taxes, literacy tests, and other devices used to suppress political participation. While the merit-based vision's adverse impact on African Americans should prompt concern in and of itself, the shortcomings of the vision adversely impact many other Americans.","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"29 1","pages":"6"},"PeriodicalIF":0.0,"publicationDate":"2002-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80351353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Content of Our Casebooks: Why Do Cases Get Litigated?","authors":"S. Issacharoff","doi":"10.2139/SSRN.295021","DOIUrl":"https://doi.org/10.2139/SSRN.295021","url":null,"abstract":"This is the 2000 Mason Ladd Lecture delivered at Florida State. It is intended primarily for law students as a guide to the different approaches to the question of why cases actually litigate. The article begins with the premise that in any dispute the only mechanism for reducing the joint welfare of the parties is to engage agents to litigate the distribution of the contested assets. Beginning with that premise, the Article traces the various explanations given for why cases do actually proceed to litigation. The first part of the article is a rendition of the classic account from the economic analysis of law. The second, and longer, part of the Article then turns to various behavioral insights that call into question some of the simpler assumptions of the standard law and economics account of litigation. The paper includes data drawn from posing classic framing questions to the first-year body at FSU to highlight some of the behavioral considerations in litigation.","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"42 1","pages":"2"},"PeriodicalIF":0.0,"publicationDate":"2001-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86974515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Company Governance Under Florida's New Limited Liability Company Act","authors":"Barbara Ann Banoff","doi":"10.2139/SSRN.294514","DOIUrl":"https://doi.org/10.2139/SSRN.294514","url":null,"abstract":"This article focuses on the governance provisions of Florida's Limited Liability Company Act and compares them to the governance provisions generally available in other business forms. As will be seen, the statutory language is not always clear, so alternative interpretations are explored. The article concludes that the new Florida statute is a major improvement over its predecessor. It will suit form consumers and form merchants in the vast transactional middle, the world of the \"plain vanilla\" deal. However, 1) it is likely to serve as a trap for the unwary who form an LLC without professional assistance and 2) it is unlikely to displace its out-of-state competition for high stakes, complex deals in which the parties need (or think they need) unlimited freedom to contract.","PeriodicalId":81266,"journal":{"name":"Florida State University law review. Florida State University. College of Law","volume":"94 1","pages":"4"},"PeriodicalIF":0.0,"publicationDate":"2001-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74630528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}