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Articles 1 - 10 of 10
Full-Text Articles in Law
The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee
The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee
FIU Law Review
Judges across China recently declined to apply a law that the National People’s Congress had newly brought into effect. In this article, I describe this startling finding and explore the significance of it. I conclude that it represents an exercise of judicial independence. Using a thickly descriptive approach that focuses on textual analysis and institutional context, I demonstrate that judges in China have no legal duty to apply law and that it is professionally risky for them to apply law; that judges there operate within a professional culture that encourages restraint; and that the court system has developed a strong …
You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz
FIU Law Review
After more than two centuries of jurisprudential stillness, the United States Supreme Court undertook the task of discerning the Second Amendment’s meaning in District of Columbia v. Heller, holding that the Second Amendment protects the individual right to self-defense. Since Heller, the lower courts have grappled with determining the scope of the Second Amendment. One question of scope—the subject of this piece—is at what age does a person come within the scope of the Second Amendment’s protections? Some federal and state courts have suggested, and in some cases held, that persons under twenty-one do not enjoy Second Amendment rights. However, …
Save Your Rights: How Florida And Other States Have Targeted Voting Access Following The 2020 Election, Francisco Varona
Save Your Rights: How Florida And Other States Have Targeted Voting Access Following The 2020 Election, Francisco Varona
FIU Law Review
Following the 2020 general election, Florida’s Republican led legislature introduced Senate Bill 90 (“S.B. 90”), which seeks to put many restrictions on various aspects of the voting process. S.B. 90 limits ballot drop-off boxes, restricts mail-in voting, proscribes “line-warming,” increases registration difficulty, and expands identification requirements. Despite lauding Florida’s election as a gold standard for the rest of the country, Governor Ron DeSantis approved this bill in May of 2021, explaining that Florida should not become complacent despite its success. The Republican Governor approved this law against the backdrop of record voter turnout for Black and Latino voters and record …
How Florida’S Courts Should Evaluate The Admissibility Of Field Sobriety Testing And Blood Thc Levels Evidence In Marijuana Impaired Driving Prosecutions, Christopher Bomhoff
How Florida’S Courts Should Evaluate The Admissibility Of Field Sobriety Testing And Blood Thc Levels Evidence In Marijuana Impaired Driving Prosecutions, Christopher Bomhoff
FIU Law Review
Field sobriety and blood alcohol concentration tests are proven reliable techniques to determine whether a person us under the influence of alcohol. No such technique has been developed to reliably determine whether a person is under the influence of marijuana. However, despite a lack of scientific consensus regarding the reliability of field sobriety and blood toxicology tests to determine marijuana impairment, these methods are routinely used as evidence of guilt in marijuana impaired driving prosecutions. Twenty-four states have legalized the recreational use of marijuana, and Florida appears to be set to join them in the near future. As a result …
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
FIU Law Review
As the existential threat of climate change becomes increasingly prevalent, U.S. plaintiffs, lawyers, and activists have begun seeking redress in federal courts arguing for recognition of a constitutional right to a clean environment. Recently, in Juliana v. United States, the Ninth Circuit explicitly recognized the grave threat of climate change for the health, well-being, and security of the American people and the nation as a whole. Additionally, the court found that the U.S. government has contributed to climate change through both inaction and policy decisions that promote the use of fossil fuels. The plaintiffs claimed that they had a constitutional …
What Happens In State Court Stays In State Court Comity And The Relitigation Exception To The Anti-Injunction Act, Juan Antonio Solis, Rory Ryan
What Happens In State Court Stays In State Court Comity And The Relitigation Exception To The Anti-Injunction Act, Juan Antonio Solis, Rory Ryan
FIU Law Review
No abstract provided.
Without Explanation: Judicial Restraint, Per Curiam Affirmances, And The Written Opinion Rule, Craig E. Leen
Without Explanation: Judicial Restraint, Per Curiam Affirmances, And The Written Opinion Rule, Craig E. Leen
FIU Law Review
No abstract provided.
A Cure For “Acute Motion Sickness”: A Practitioner’S Guide To Motion Practice In Florida’S Appellate Courts, Kimberly Kanoff Berman
A Cure For “Acute Motion Sickness”: A Practitioner’S Guide To Motion Practice In Florida’S Appellate Courts, Kimberly Kanoff Berman
FIU Law Review
No abstract provided.
Second-Tier Certiorari: Adverse Precedential Effect As A Predicate For Finding A “Miscarriage Of Justice” In Government Appeals, John A. Greco
Second-Tier Certiorari: Adverse Precedential Effect As A Predicate For Finding A “Miscarriage Of Justice” In Government Appeals, John A. Greco
FIU Law Review
No abstract provided.
State Court Judges Are Not Bound By Nonoriginalist Supreme Court Interpretations, Lee J. Strang
State Court Judges Are Not Bound By Nonoriginalist Supreme Court Interpretations, Lee J. Strang
FIU Law Review
No abstract provided.