I argue that the Florida Family Law Bounds of Advocacy is mandatory as to family attorneys, not merely aspirational and that given the parallel philosophies between the BoA and collaborative practice, all family attorneys should become trained in collaborative practice and offer it is as the first solution for family law dispute resolution. The paper offers public policy suggestions to help shift legal practice from litigation to collaboration.
{"title":"Florida Family Law Bounds of Advocacy: A Mandate for Collaborative Practice","authors":"J. Esq., A. Joshua","doi":"10.2139/SSRN.3235076","DOIUrl":"https://doi.org/10.2139/SSRN.3235076","url":null,"abstract":"I argue that the Florida Family Law Bounds of Advocacy is mandatory as to family attorneys, not merely aspirational and that given the parallel philosophies between the BoA and collaborative practice, all family attorneys should become trained in collaborative practice and offer it is as the first solution for family law dispute resolution. The paper offers public policy suggestions to help shift legal practice from litigation to collaboration.","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":"43 1","pages":"1-19"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44735031","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}
One of the key problems of blockchain technology is lack of control of users, organized societies, and state authorities over the transactions and asset on the decentralized network.The distributed ledger and blockchain are interesting as an example of new technology, which is the rule not only for users but also for governments. Technology-driven rules can be viewed as a technological law for blockchain users and legislative authorities. No legal regulation can change the anonymity or immutability of blockchain. Only another technology could turn the situation around. This is a lesson for every lawyer to learn not only the law but the scope of technology.The purpose of the article is an analysis of modern determinants of control distribution over assets, transactions, and decentralized organizations on blockchain distributed network. The article shows how control appears in a variety of different situations on blockchain network. Examples range from the individual and organizational control to control over the networking system discussing the possibilities of the participants to exercise control.On the base of the legal cases, the ability of controlling shareholder, directors, managers, governments, stakeholders and users of crypto-communities to control the organization, transactions and assets are discussed.
{"title":"Control Over Blockchain Network","authors":"A. Gudkov","doi":"10.2139/SSRN.3105859","DOIUrl":"https://doi.org/10.2139/SSRN.3105859","url":null,"abstract":"One of the key problems of blockchain technology is lack of control of users, organized societies, and state authorities over the transactions and asset on the decentralized network.The distributed ledger and blockchain are interesting as an example of new technology, which is the rule not only for users but also for governments. Technology-driven rules can be viewed as a technological law for blockchain users and legislative authorities. No legal regulation can change the anonymity or immutability of blockchain. Only another technology could turn the situation around. This is a lesson for every lawyer to learn not only the law but the scope of technology.The purpose of the article is an analysis of modern determinants of control distribution over assets, transactions, and decentralized organizations on blockchain distributed network. The article shows how control appears in a variety of different situations on blockchain network. Examples range from the individual and organizational control to control over the networking system discussing the possibilities of the participants to exercise control.On the base of the legal cases, the ability of controlling shareholder, directors, managers, governments, stakeholders and users of crypto-communities to control the organization, transactions and assets are discussed.","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":"42 1","pages":"353-374"},"PeriodicalIF":0.0,"publicationDate":"2017-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.3105859","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48345109","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}
The Supreme Court has allowed considerable judicial confusion to develop with respect to its “public forum” categories in First Amendment law. Because some courts have (reasonably) inferred that the “limited public forum” and the “non-public forum” are, analytically, one and the same, confusion persists as to the proper terminology and the number of “forum” categories. This short article explores those questions and suggests a resolution.
{"title":"First Amendment Fora Revisited: How Many Categories Are There?","authors":"Marc Rohr","doi":"10.2139/ssrn.2850640","DOIUrl":"https://doi.org/10.2139/ssrn.2850640","url":null,"abstract":"The Supreme Court has allowed considerable judicial confusion to develop with respect to its “public forum” categories in First Amendment law. Because some courts have (reasonably) inferred that the “limited public forum” and the “non-public forum” are, analytically, one and the same, confusion persists as to the proper terminology and the number of “forum” categories. This short article explores those questions and suggests a resolution.","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":"41 1","pages":"2"},"PeriodicalIF":0.0,"publicationDate":"2016-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49174270","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}
Copyright and charity law are generally considered distinct and unrelated bodies of law. But they are actually quite similar and complement each other. Both copyright and charity law are intended to increase social welfare by solving market and government failures in public goods caused by free riding. Copyright solves market and government failures in works of authorship by providing an indirect subsidy to marginal authors, and charity law solves market and government failures in charitable goods by providing an indirect subsidy to marginal donors. Copyright and charity law complement each other by solving market and government failures in works of authorship in different ways. Copyright solves market and government failures in works of authorship by reducing ex ante transaction costs, but it increases ex post transaction costs. Charity solves market and government failures in works of authorship by reducing both ex ante and ex post transaction costs. Accordingly, the efficient scope and duration of copyright should reflect ex ante transaction costs, because charity can more efficiently reduce ex post transaction costs.
{"title":"Copyright As Charity","authors":"Brian L. Frye","doi":"10.2139/SSRN.2579352","DOIUrl":"https://doi.org/10.2139/SSRN.2579352","url":null,"abstract":"Copyright and charity law are generally considered distinct and unrelated bodies of law. But they are actually quite similar and complement each other. Both copyright and charity law are intended to increase social welfare by solving market and government failures in public goods caused by free riding. Copyright solves market and government failures in works of authorship by providing an indirect subsidy to marginal authors, and charity law solves market and government failures in charitable goods by providing an indirect subsidy to marginal donors. Copyright and charity law complement each other by solving market and government failures in works of authorship in different ways. Copyright solves market and government failures in works of authorship by reducing ex ante transaction costs, but it increases ex post transaction costs. Charity solves market and government failures in works of authorship by reducing both ex ante and ex post transaction costs. Accordingly, the efficient scope and duration of copyright should reflect ex ante transaction costs, because charity can more efficiently reduce ex post transaction costs.","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":"40 1","pages":"343-363"},"PeriodicalIF":0.0,"publicationDate":"2015-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68211503","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":"Intuition, Morals, and the Legal Conversation About Gay Rights","authors":"Suzanne B. Goldberg","doi":"10.7916/D8N879BJ","DOIUrl":"https://doi.org/10.7916/D8N879BJ","url":null,"abstract":"","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":"32 1","pages":"523-539"},"PeriodicalIF":0.0,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71366816","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}
The current immigration debate often reflects a tension between affirming the individual rights of migrants against the power of a nation to control its borders. An examination of U.S. Supreme Court precedent reveals that, from our earliest immigration history to the present time, our immigration policy has functioned more like contract law than human rights law, with the Court deferring to the power of Congress to define the terms of that contract at the expense of the immigrant's freedom. (This essay is a version of a chapter from my forthcoming book, Everyday Law for Immigrants and Foreign Nationals, part of Paradigm Publishers "Everyday Law" series, which is edited by Richard Delgado and Jean Stefancic.)
{"title":"U.S. Immigration Policy: Contract or Human Rights Law?","authors":"V. C. Romero","doi":"10.2139/SSRN.977758","DOIUrl":"https://doi.org/10.2139/SSRN.977758","url":null,"abstract":"The current immigration debate often reflects a tension between affirming the individual rights of migrants against the power of a nation to control its borders. An examination of U.S. Supreme Court precedent reveals that, from our earliest immigration history to the present time, our immigration policy has functioned more like contract law than human rights law, with the Court deferring to the power of Congress to define the terms of that contract at the expense of the immigrant's freedom. (This essay is a version of a chapter from my forthcoming book, Everyday Law for Immigrants and Foreign Nationals, part of Paradigm Publishers \"Everyday Law\" series, which is edited by Richard Delgado and Jean Stefancic.)","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":"85 1","pages":"309-326"},"PeriodicalIF":0.0,"publicationDate":"2007-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67919873","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}
Pub Date : 2003-11-10DOI: 10.12987/YALE/9780300098006.001.0001
C. Mackinnon, Reva B. Siegel
When it was published twenty-five years ago, Catharine MacKinnon's pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment; the importance and definition of consent and unwelcomeness; issues of same-sex harassment; questions of institutional responsibility for sexual harassment in both employment and education settings; considerations of freedom of speech; effects of sexual harassment doctrine on gender and racial justice; and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter century.
{"title":"Directions in Sexual Harassment Law","authors":"C. Mackinnon, Reva B. Siegel","doi":"10.12987/YALE/9780300098006.001.0001","DOIUrl":"https://doi.org/10.12987/YALE/9780300098006.001.0001","url":null,"abstract":"When it was published twenty-five years ago, Catharine MacKinnon's pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment; the importance and definition of consent and unwelcomeness; issues of same-sex harassment; questions of institutional responsibility for sexual harassment in both employment and education settings; considerations of freedom of speech; effects of sexual harassment doctrine on gender and racial justice; and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter century.","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":"31 1","pages":"225-236"},"PeriodicalIF":0.0,"publicationDate":"2003-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66382424","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 Born-Alive Infants Protection Act: baby steps toward the recognition of life after birth.","authors":"Stacy A Scaldo","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":" ","pages":"485-510"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25686551","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":"Skin and bones: post-mortem markets in human tissue.","authors":"R Alta Charo","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":"26 2","pages":"421-50"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22279996","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":"Cloning and the Constitution, cloning and the Constitution, cloning and the Constitution, cloning and ....","authors":"Daniel Mark Cohen","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82201,"journal":{"name":"Nova law review","volume":"26 2","pages":"511-44"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22279997","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}
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