Law Commons^™

U.S. State Department International Law Internship And Employment Presentation And Discussion, Andrew A. Passen Famu Diplomat-In Residence

Environmental and Animal Law

The Center for International Law & Justice presents a discussion and presentation by Andrew A. Passen, a career member of the Senior Foreign Service, who is currently serving as Diplomat-in-Residence covering the southeast U.S. and is based at Florida A & M University in Tallahassee.

A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove

Student Works

International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …

The Patterns Of Pollution: Providing Evidence Of The Unequal Distribution Of Pollution In Environmental Justice Communities, David Deganian

Environmental and Animal Law

The Center for International Law & Justice and the Environment, Development & Justice Project Present the Third Annual Spring Environmental Justice Lecture featuring Professor David Deganian.

Law Day Fifth District Court Of Appeal Oral Arguments At Florida A&M University College Of Law, 2013, Honorable C. Alan Lawson, Presiding Judge, Honorable Bruce W. Jacobus, Honorable Wendy W. Berger

Law Day Presentations

As part of Law Day activities, the Florida Fifth District Court of Appeal is holding a session in the FAMU College of Law Ceremonial Moot Courtroom. A three judge panel is hearing oral arguments from attorneys representing their clients in cases involving extortion and jury instructions, as well as issues regarding the interpretation of statute of limitations. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.

Pornography And The Connection To Commerical Sexual Exploitation, Cheryl Page

Journal Publications

Human Trafficking is a violation against humanity and a contradiction to the notion that all people are born free and have rights that are equal. 1 This global crime is a part of practically every country in the world. No nation is immune from its reaches. Every year thousands of women, men and children fall prey to human commercial exploitation and are trapped in a criminal enterprise that profits in the billions. Human trafficking is defined as, “recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of …

Perspectives: From The Chair Of The Aba Law Practice Management Section, January/February 2013, Joan R. Bullock

Journal Publications

In this era of the "new normal," lawyers and law firms are seeking ways to create efficiencies and realize new capabilities.

Perspectives: From The Chair Of The Aba Law Practice Management Section, March/April 2013, Joan R. Bullock

Journal Publications

Technology--friend or foe? Legal practice is continually evolving, with an increasing integration of technology in firm operations and in the daily activity of lawyers and staff. How do you use technology so that it enhances firm operations and is an integral component of an efficient and effective legal practice?

Commonality Among Unique Indigenous Communities: An Introduction To Climate Change And Its Impacts On Indigenous Peoples, Randall S. Abate

Journal Publications

This special Issue of the Tulane Environmental Law Journal explores how climate change affects the rights of indigenous peoples. Climate change is a global environmental problem caused by greenhouse gas emissions. Indigenous peoples generally contribute very limited quantities of greenhouse gases to the global atmosphere. Although the causes of climate change are global, the adverse impacts of this problem are disproportionately burdening indigenous peoples.

In recognition of the growing global problem of climate change, legal strategies to address climate change through mitigation and adaptation have been undertaken. This Issue recognizes that indigenous peoples are particularly vulnerable to climate change, both …

A Latina Law Professor's Personal Perspective After The Zimmerman Trial Verdict, Maritza I. Reyes

Journal Publications

No abstract provided.

Cronyism, Corruption, And Political Intrigue: A New Approach For Old Problems In Public Sector Employment Law, Jonathan Fineman

Journal Publications

This article argues that the best interest of the public is served when at least some public employees receive some degree of job protection. However, there is also value in the argument that we no longer can justify the retention of a uniform system of traditional civil service protections for all public employees. Therefore, this article takes the position that this debate should not be framed as an "either/or" proposition between a rigid system of job protections for all (or most) employees on one hand and unfettered managerial discretion on the other. Instead, job protections should be context-based, varied depending …

Public Law And Social Human Rights, Areto A. Imoukuede

Faculty Books and Book Contributions

This paper argues that public education is an international human right that the U.S. ought to recognize and protect. Recognizing a right to public education would correct a major inconsistency in U.S. law by bringing education rights doctrine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognizes public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.

Shelby V. Holder: Brief Of Professor Patricia A. Broussard And Famu College Of Law Students As Amici Curiae In Support Of Respondents, Patricia A. Broussard, Sabrina Collins, Stacy Hane, Akunna Olumba

Amicus Briefs

Shelby County, Alabama v. Eric H. Holder, Jr., In the Supreme Court of the United States, Brief of Professor Patricia A. Broussard, Sabrina Collins, Stacy Hane, Akunna Olumba and Named Students and Organizations of Florida A & M University College of Law as Amici Curiae in Support of Respondents

Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate

Journal Publications

Climate change threatens to displace as many as 200 million people internally and across national borders by the middle of the twenty-first century. Indigenous peoples are among the most vulnerable to these changes. With the loss of their village rapidly approaching, the residents of the Native Village of Kivalina are captives in their homeland bracing for disaster because they do not have the millions of dollars needed to relocate and there is no government fund or process in place to provide them with adequate assistance.

Part I of this article describes the factual context of the Kivalina litigation and how …

News In Cyberspace: The Creation Of The New Ignorance, Ronald Charles Griffin

Journal Publications

Computers are dummying us down. Book learning has given way to computer speak. Modern technology overwhelms us. Users are enthralled with gadgets to the point where they have lost themselves in them. We have abandoned, perhaps mislaid, our sense for ignorance; what it means to be illiterate in the 21st century; and working definitions for truth. In this environment a dab of education (enough to make somebody lethal), a sprinkle of bigotry, and fear produce people with ideas that are bad for us. This essay cautions against trucking with those folk; it marks what they do in the media that …

Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos

Journal Publications

The underpinnings for law school training has or, I submit, soon will be, outstripped by real world requirements dictated by the demands of the legal profession marketplace. This Article is designed to add to the discourse relating to the question of what law schools supply and what law practice requires-a paradigm shift in the methodology of implementing legal education. The Article begins by reporting on the state of the law school process and how it has evolved from an apprenticeship, replete with on-the-job training, to an intellectual exercise that is somewhat removed from the requirements for becoming competent legal professionals. …

Black Women's Post-Slavery Silence Syndrome: A Twenty-First Century Remnant Of Slavery, Jim Crow, And Systemic Racism--Who Will Tell Her Stories?, Patricia A. Broussard

Journal Publications

One hot summer's day in the late 1950s, a young mother put her three young children down for a nap. She also bathed and prepared four of her sister's children for naptime. This young woman had volunteered to care for her nephew and nieces while their mother, her younger sister, was in the hospital delivering her fifth child. A short while after putting all of the children in their beds, the children's father, her brother-in-law, knocked on the door. The young woman assumed that he had come over to see his children and to bring them news of their mother …

Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya, Robert Kibugi

Florida A & M University Law Review

No abstract provided.

Good Policy, Good Food: Bringing A Just And Sustainable Food System To All, Mark Winne

Florida A & M University Law Review

No abstract provided.

Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink

Florida A & M University Law Review

This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence …

Energy Security, Green Fleets, And Green Warriors, Jennifer Huang

Florida A & M University Law Review

The U.S. military, both our nation's largest consumer and securer of energy, can no longer be absolved of the high costs and environmental consequences of its reliance on conventional fuel sources and energy systems in the face of mounting evidence of unavoidable global warming and climate change. The oil-dependent U.S. national and energy security policies that have helped achieved American military and economic greatness are no longer sustainable; in fact, uncovering the hidden costs of our oil addiction reveals many insecurities. In order to progress towards true energy independence, the U.S. must overcome its congressional in-fighting, and kick-start its promising …

Thirsty For A Solution: Using The Rural Electrification Administration Model To Resolve The Failure Of Privatization Of Water Utilities In Bolivia, Michael Nichola

Florida A & M University Law Review

No abstract provided.

Underwater: The Need For Massachusetts To Become Climate Ready, Erica Mattison

Florida A & M University Law Review

Massachusetts' longstanding vulnerability to flooding is on the verge of worsening due to expected impacts of climate change over the next several years. Although legislation has prompted the state to convene a multi-agency conversation on climate change adaptation, the work has yet to result in specific planning that will prime the state for reducing damage caused by flooding and other climate impacts. With renewed leadership, the state should prioritize flood risk in the policy agenda, launch a public awareness campaign, plan for infrastructure and state property investments, and facilitate municipal action. Since the issue cannot be adequately addressed by state …

A Future Submerged: Implications Of Sea Level Rise For South Florida, Giselle Peruyera

Florida A & M University Law Review

No abstract provided.

The Double-Edged Sword Of Prison Video Visitation: Claiming To Keep Families Together While Furthering The Aims Of The Prison Industrial Complex, Patrice A. Fulcher

Florida A & M University Law Review

Each year, the United States ("U.S.") spends billions to house the country's massive prison population. The need to board over 2.3 million incarcerated human beings has U.S. correctional departments looking for ways to increase revenues and offset costs. According to these correctional agencies, one major expense is prison visitation. In order to reduce spending and alleviate safety concerns, U.S. federal, state, and private correctional facilities have turned to video visitation as an alternative to in-person visits. The use of prison video visitation systems started in 1995. Since then, many private telecommunications companies have professed to have the solution to correctional …

Only Fools Who Send Hyenas To Roast Meat For Them: In Search Of The Doctrinal Foundations Of The Not-So-Ordinary Crime Of Patrimonicide, Ndiva Kofele-Kale

Florida A & M University Law Review

Crimes against humanity are generally considered crimes of such unimaginable horror that they shock the conscience of mankind. The Article challenges the international community to take a mental leap by recognizing that the contemporary version of official corruption is so fundamentally different from its historical antecedents that it deserves to (a) be called a different name: indigenous spoliation or patrimonicide; and (b), to be treated as an extraordinary crime that rises up to the level of a crime against humanity. Towards this end, the Article reviews the basic elements of a crime against humanity identified in various legal instruments, and …

Latina And Latino Judges: Changing The Complexion Of The Bench, Mary Dolores Guerra

Florida A & M University Law Review

Although having a diverse bench is instrumental to a fair judicial system, the first Mexican American was not appointed to the federal bench until 1961. In that year, President John F. Kennedy appointed Reynaldo G. Garza, to the U.S. federal bench as a district court judge. Judge Garza hoped that by becoming an "effective jurist" he would quell any scrutiny over his appointment and, moreover, "encourage [the] appointment of other qualified Mexican Americans to the federal bench." Judge Garza was the only Latino appointed to the federal bench until 1979 when President Jimmy Carter appointed several Latinos to the bench, …

Social Media And Electronic Discovery: New Technology, Same Issues, Jesse C. Rowe

Florida A & M University Law Review

No abstract provided.

Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson

Florida A & M University Law Review

No abstract provided.

Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii

Florida A & M University Law Review

No abstract provided.

Up To Our Ears: Corn Overproduction, Its Environmental Toll, And Using The 2012 U.S. Farm Bill To Limit Corn Subsidies, Increase Environmental Protection Incentives, And Place Accountability On Crop Operations, Christopher Frump

Florida A & M University Law Review

No abstract provided.