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Presidential Debates and Deliberative Democracy UF Law Faculty Publications (2008)
Consider democracy in America through the lens of the presidential debates. It is not a pretty picture. From a high point in the nineteenth century (for example, the lengthy Lincoln-Douglas Senate campaign debates of 1858) ...
Terrorism as an Intellectual Problem UF Law Faculty Publications (2007)
The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as ...
Terms of Endearment and Articles of Impeachment UF Law Faculty Publications (1999)
It is a long-established principle that presidential impeachment is an appropriate remedy only for “high Crimes and Misdemeanors” of a public nature (with the possible exception of private crimes so heinous that the President “cannot ...
Intellectual Authority and Institutional Authority UF Law Faculty Publications (1992)
This is an essay about the power of ideas and the influence of institutions. What Gibbon termed the pure. "force of persuasion," unaided and unhindered by institutional context, I refer to as "intellectual authority." This ...
Precedent and Legal Authority: A Critical History UF Law Faculty Publications (1988)
In this Article, Professor Charles Collier traces out a general theory of precedential authority through historical sources. The Article focuses on three particularly influential views of precedent: Wambaugh's concept of dictum, Oliphant's concept of stare ...
The Improper Use of Presumptions in Recent Criminal Law Adjudication UF Law Faculty Publications (1986)
This note argues that, in developing the contemporary mandatory-permissive standard, the Supreme Court has misunderstood the effects of presumptions on juries. Presumptions that are ‘permissive’ in theory may nevertheless be ‘mandatory’ in fact, thereby leading ...