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Articles 1 - 13 of 13
Full-Text Articles in Law
Transferring Nonnegotiable Mortgage Notes, Dale A. Whitman
Transferring Nonnegotiable Mortgage Notes, Dale A. Whitman
Florida A & M University Law Review
This article reviews what we know about transferring ownership and the right of enforcement of nonnegotiable notes. The focus will be on notes secured by mortgages, since this is likely the context in which most modern nonnegotiable notes are created. There has been a vast amount of litigation about the transfer of negotiable mortgage notes in the past half decade, greatly expanding our understanding, but there has been little development involving nonnegotiable notes. Hence, it is helpful to compare negotiable and nonnegotiable notes, with particular emphasis on how each is transferred. Perhaps ironically, this means that the bulk of this …
Advancing Climate Justice In International Law: An Evaluation Of The United Nations Human Rights-Based Approach, Damilola S. Olawuyi
Advancing Climate Justice In International Law: An Evaluation Of The United Nations Human Rights-Based Approach, Damilola S. Olawuyi
Florida A & M University Law Review
The term “climate justice” has been traditionally deployed by scholars to emphasize the need for international law to provide legal solutions for direct and disproportionate impacts of climate change on human life and survival, particularly in vulnerable communities. However, with emerging patterns of human rights violations, massive land grabs, forced displacements, marginalization, exclusions, and governmental repressions resulting from climate change response measures and projects (particularly clean development mechanism (CDM), and REDD+ projects), climate justice has increasingly gained a more expansive connotation. Human rights violations and climate injustices resulting from climate change projects have resulted in calls for an international approach …
Florida's Downtowns Are Free To Grow Local Broccoli…And Chickens (Sometimes), Sidney F. Ansbacher, Michael T. Olexa, Kathleen Maurer
Florida's Downtowns Are Free To Grow Local Broccoli…And Chickens (Sometimes), Sidney F. Ansbacher, Michael T. Olexa, Kathleen Maurer
Florida A & M University Law Review
The United States Supreme Court in National Federation of Independent Business v. Sebelius (Sebelius), famously invoked broccoli to limit the scope of Commerce Clause. All of the Justices used broccoli as a plot device to further their respective arguments answering whether the individual mandate to buy health insurance was constitutional. This article discusses the other end of the economic spectrum – local. We explicate Florida’s local government regulations of urban planting, growing, and selling of broccoli, as well as other fruits, vegetables, and animals. This requires a history of urban agriculture and local zoning laws before we discuss current laws …
New State Laws Reflect The Rethinking Of Excessive Mandated Standardized Testing In America's Public Schools, Renalia Smith Dubose
New State Laws Reflect The Rethinking Of Excessive Mandated Standardized Testing In America's Public Schools, Renalia Smith Dubose
Florida A & M University Law Review
The largest standardized testing cheating scandal in American history has caused many to question the practice of excessive standardized testing in America’s public education system. In the spring of 2013, thirty-five educators in Atlanta, Georgia, including the former superintendent, principals, teachers, and testing coordinators were indicted for cheating on statewide-standardized tests. The situation in Atlanta, Fulton County, Georgia, triggered a conversation about excessive mandated standardized testing in America’s public schools and caused public outcry against the negative impact of standardized testing. As a result, new state laws are being passed throughout the United States to not only end the rapid …
"Trade Or Business": The Relevance Of A Deceptively Simple Income Tax Phrase To The Labor Code, Federal Statutes, And Private Equity Activity, Arthur Acevedo
"Trade Or Business": The Relevance Of A Deceptively Simple Income Tax Phrase To The Labor Code, Federal Statutes, And Private Equity Activity, Arthur Acevedo
Florida A & M University Law Review
Corporate law is premised upon two fundamental principles: the pooling of moneys for investment purposes and the privilege of limited liability. The pooling of money enables promoters and investors to efficiently amass and organize substantial sums for investment purposes. The privilege of limited liability assures investors that personal liability for the underlying invested activity is limited to the moneys invested. Limited liability is a sacrosanct principle and a quintessential investment assumption within the investment community. Private equity firms have successfully exploited these two policies. However, a decision by the First Circuit Court of Appeal casts a shadow of doubt on …
Slavery Then And Now: The Trans-Atlantic Slave Trade And Modern Day Human Trafficking: What Can We Learn From Our Past?, Stevie J. Swanson
Slavery Then And Now: The Trans-Atlantic Slave Trade And Modern Day Human Trafficking: What Can We Learn From Our Past?, Stevie J. Swanson
Florida A & M University Law Review
Many have said that history repeats itself. Unfortunately, this is painfully true in the realm of modern day human trafficking. Human trafficking is a thirty-two billion-dollar-a-year industry, and at present, it is estimated that there are approximately twenty-seven million people enslaved worldwide. President Obama has stated that human trafficking is modern day slavery. Both sex trafficking and labor trafficking are forms of modern day slavery that are present throughout America and the world. In America, sex trafficking appears online, and at pseudo-massage parlors, truckstops, residential brothels, strip-clubs, hotels and motels, and on city streets. Labor trafficking in America includes domestic …
Is General Negligence The New Exception To The Florida Impact Rule?, Stephan Krejci
Is General Negligence The New Exception To The Florida Impact Rule?, Stephan Krejci
Florida A & M University Law Review
The impact rule is an ancient torts doctrine that precludes recovery for emotional distress unless the victim has been physically impacted by the tortfeasor and the emotional distress grew out of that physical impact. American courts widely adopted the impact rule and it persists in a handful of states to this day. Courts give several reasons for denying these negligent infliction of emotional distress (NIED) claims and these reasons fall into three broad categories: judicial efficiency, evidence concerns, and foreseeability. This paper proposes that Florida abrogate the impact rule and switch to using a general negligence approach for NIED claims. …
A Blanket Of Immunity Will Not Keep Florida Dry: Proposed Adjustments To Florida's Drainage Regulations And Sovereign Immunity Laws To Account For Climate Change Impacts, Theresa K. Bowley
A Blanket Of Immunity Will Not Keep Florida Dry: Proposed Adjustments To Florida's Drainage Regulations And Sovereign Immunity Laws To Account For Climate Change Impacts, Theresa K. Bowley
Florida A & M University Law Review
Addressing stormwater drainage in Florida has been an ongoing challenge since the middle of the twentieth century when the State began to experience rapid growth. Drainage problems already occur in Florida during seasonal high tides, heavy rains, and in storm surge events, and the impacts projected by climate change will exacerbate flooding. Identification of deficiencies in Florida’s existing drainage systems should include the responsibility and liability of drainage systems to be retrofitted to adapt to climate change. Part I of this paper explains the connection between global climate change and its effects on stormwater drainage in Florida. The existing governmental …
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves, Neil A. Ambekar
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves, Neil A. Ambekar
Florida A & M University Law Review
Every U.S. jurisdiction has created a separate body of law to address workplace injuries - the workers’ compensation scheme. These no-fault systems provide employees injured on the job lost wages and medical benefits. It also immunizes employers from negligence claims arising out of most workplace accidents. This article discusses a growing phenomenon in Florida’s workers’ compensation scheme, the use of estoppel to negate employer immunity. This article lays out the various theories of estoppel—primarily judicial and equitable—that may be asserted in the context of on-thejob injury litigation. This article goes on to explain why Florida courts should refrain from application …
Free Trade Agreements And The Lacey Act: A Carrot And Stick Approach To Prevent And Deter Trade In Iuu Fisheries, Ginna Arevalo
Free Trade Agreements And The Lacey Act: A Carrot And Stick Approach To Prevent And Deter Trade In Iuu Fisheries, Ginna Arevalo
Florida A & M University Law Review
The U.S. is the world’s largest importer of seafood, importing virtually every fish sold in the U.S. market. Trade statistics do not break down the percentage of imported wild harvested fish, but a recent study estimated that twenty to thirty-two percent are caught illegally. Trade in illegal, unreported, and unregulated (IUU) fisheries undermines efforts to conserve fish stocks, generates global annual losses of up to twenty-three billion dollars, and weakens economic opportunity for U.S. fishermen. Part I of this paper explains the role of different actors in the trade of duty-free IUU fish and how IUU catches may enter the …
"Take Back The Beach!" An Analysis Of The Need For Enforcement Of Beach Access Rights For U.S. Virgin Islanders, Aliya T. Felix
"Take Back The Beach!" An Analysis Of The Need For Enforcement Of Beach Access Rights For U.S. Virgin Islanders, Aliya T. Felix
Florida A & M University Law Review
Part I of this paper defines the traditional use of the beaches in the U.S. Virgin Islands and includes a personal anecdote as evidence of a trend toward restricting beach access in the U.S. Virgin Islands. Part II provides a legal framework of public beach access rights through an analysis of the general public trust doctrine, the U.S. Virgin Islands Open Shorelines Act, and the U.S. Virgin Islands’ case law. Part III examines case studies involving private entities blocking beach access to the public in the U.S. Virgin Islands. Part IV offers a proposal for reform to ensure protection of …
Executive Action On Immigration: Constitutional Or Direct Conflict?, Todd Curtin
Executive Action On Immigration: Constitutional Or Direct Conflict?, Todd Curtin
Florida A & M University Law Review
On November 20, 2014, the White House released a press statement notifying viewers that President Obama would do everything within his executive powers to solve the problems surrounding the immigration system. The White House made it clear that the President would be acting with legal authority in taking these steps. This paper addresses whether or not the Obama Administration did, in fact, act with legal authority by initiating the following steps using his executive authority: “cracking down on illegal immigration at the border; deporting felons, not families; and accountability through criminal background checks and taxes.” President Obama, acting through Secretary …
You Get What You Pay For: The Nfip Is Underwater And Climate Change Adaptation Is Essential To Reach Dry Land, Alana Dietel
You Get What You Pay For: The Nfip Is Underwater And Climate Change Adaptation Is Essential To Reach Dry Land, Alana Dietel
Florida A & M University Law Review
Climate change is a reality, and Florida is uniquely situated to feel its effects sooner than other states. This is due to the prediction of a substantially rising sea level and the fact that a majority of the most populated and popular areas in Florida are located along or near the coasts. Part I of this article examines the realities of climate change. Part II reviews the current state of the most significant attempt at flood insurance by the Federal government, the NFIP. Part II also reviews Florida’s statewide initiatives, as well as local initiatives of three distinct Florida counties. …