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Articles 1 - 30 of 641
Full-Text Articles in Law
Conscientious Objection And Abortion: The Italian Pseudo-Exceptionalism, C. Crea
Conscientious Objection And Abortion: The Italian Pseudo-Exceptionalism, C. Crea
FIU Law Review
The article delves into the multifaceted implications of the U.S. Supreme Court's Dobbs case decision, which revoked abortion rights protection established by Roe v. Wade. It highlights the global repercussions, especially in Europe, where the rise of anti-abortion movements threatens hard-won reproductive rights. Despite European efforts to counter this trend, challenges persist due to diverse legal systems and cultural influences. Extreme cases like Malta's absolute abortion prohibition and Poland's restrictive laws underscore the ongoing struggle for reproductive autonomy. The essay shifts focus to Italy, examining the impact of conscientious objection among medical professionals on abortion access, revealing its deep-seated ties …
Urban Commons In Italy, Michele Graziadei
Urban Commons In Italy, Michele Graziadei
FIU Law Review
The Italian experience with urban commons has been very rich indeed. In the last ten years or so the number of social and legal initiatives relating to urban commons in Italy has exploded. The present Italian situation shows that urban commons are here to stay. By now, they are part of the collective imagination, of political and socio-economic transformative projects, of administrative practices, and of the law. The demand for the commons in the city originates from the social movements that intend to resist the penetration of the market and of private property in every ambit of life but is …
Filling The Gap: The Case For Driver's Licenses As A Lifeline To Opportunity For Undocumented Immigrants Where The Federal Government Fails To Act On Comprehensive Immigration Reform, David Peraza
FIU Law Review
The federal government has repeatedly failed at passing comprehensive immigration reform, which would provide basic benefits to the undocumented population in the U.S, including driver’s licenses. Various states have made attempts to provide undocumented immigrants with driver’s licenses. This work address the benefits and drawbacks of these policies and ultimately posits that holdout states should enact policies to provide driver’s licenses to undocumented immigrants in the face of the federal government’s inaction.
"Common But Differentiated Responsibilities” In The Paris Agreement, Henrique Schneider
"Common But Differentiated Responsibilities” In The Paris Agreement, Henrique Schneider
FIU Law Review
The Paris Agreement, adopted in 2015, epitomizes a political approach to climate action, devoid of scientific oversight at its inception. This political nature underscores its essence, emphasizing action over guaranteed results. With a foundation in "common but differentiated responsibilities" (CBDR), nations set diverse climate goals based on unique circumstances. However, this diversity complicates policy alignment and raises challenging questions, such as the feasibility of carbon border adjustments and intellectual property dilution. Analyzing CBDR within the Paris Agreement framework unveils its evolution, shaped by political negotiations and national actions. This study delves into the intricate interplay between politics, policy, and international …
Granting Rights To Rivers In The Shadow Of Extractivism, Helena Alviar Garcia
Granting Rights To Rivers In The Shadow Of Extractivism, Helena Alviar Garcia
FIU Law Review
In Colombia, the Atrato River, situated in the region of Chocó, was granted rights in a 2016 ruling. More than ten other rivers have been granted rights in the following years. This judicial intervention has been influenced by other jurisdictions where rights have been granted to rivers like New Zealand and India. The article situates itself within this trend by providing a more granular, local context. In particular, the goal is to foreground the structural characteristics—specifically the historical, economic, and social centrality of extractivism—within which granting rights to nature takes place. The final objective will be to explore the possibilities …
The Influence Of The Spanish Legal System And Socialist Legal Systems On Cuban Civil Law, María Elena Cobas Cobiella
The Influence Of The Spanish Legal System And Socialist Legal Systems On Cuban Civil Law, María Elena Cobas Cobiella
FIU Law Review
The essay “The influence of the Spanish legal system and socialist legal systems on Cuban civil law” fulfills an old desire to analyze how the current Cuban civil law has been shaped. The work addresses the influence of the law of the former socialist countries and Spanish law in the configuration of current Cuban civil law.
Introduction: Comparative Comparative Law, Jorge L. Esquirol
Introduction: Comparative Comparative Law, Jorge L. Esquirol
FIU Law Review
This introduction illuminates the multifaceted nature of comparative law, transcending its conventional perception as merely a methodological tool. Rather, it emerges as a dynamic arena of political struggle, embodying diverse perspectives and objectives across various discursive exchanges. The volume delves into this complexity through contributions from esteemed scholars exploring topics ranging from granting rights to rivers in Colombia to the constitutional interpretive politics of Italian abortion rights. It underscores how comparative law shapes governance and policy, both reinforcing hegemonic norms and providing avenues for resistance and alternative perspectives. Ultimately, the volume celebrates the rich diversity and interconnectedness within comparative law, …
Granting Rights To Rivers In The Shadow Of Extractivism, Helena Alviar Garcia
Granting Rights To Rivers In The Shadow Of Extractivism, Helena Alviar Garcia
FIU Law Review
In Colombia, the Atrato River, situated in the region of Chocó, was granted rights in a 2016 ruling. More than ten other rivers have been granted rights in the following years. This judicial intervention has been influenced by other jurisdictions where rights have been granted to rivers like New Zealand and India. The article situates itself within this trend by providing a more granular, local context. In particular, the goal is to foreground the structural characteristics—specifically the historical, economic, and social centrality of extractivism—within which granting rights to nature takes place. The final objective will be to explore the possibilities …
The Influence Of The Spanish Legal System And Socialist Legal Systems On Cuban Civil Law, María Elena Cobas Cobiella
The Influence Of The Spanish Legal System And Socialist Legal Systems On Cuban Civil Law, María Elena Cobas Cobiella
FIU Law Review
The essay “The influence of the Spanish legal system and socialist legal systems on Cuban civil law” fulfills an old desire to analyze how the current Cuban civil law has been shaped. The work addresses the influence of the law of the former socialist countries and Spanish law in the configuration of current Cuban civil law.
"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau
"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau
FIU Law Review
Comparative law incentivize imagination to create new solutions to social problems intrinsically linked to different parts of the world. It consists in the analysis of multiple legal solutions revealed by research. Meanwhile, the understanding of the documentation put forward is influenced by the social, cultural, linguistic, political, and economic context where it evolved in the first place. Consequently, the interpretation of those elements leads to varying results. In response to this reality, we offer a modest comparative methodology rooted in creativity inspired by the concept of “bricolage” for the purpose of legislative innovations. In light of some descriptive examples pertaining …
Introduction: From Science To Public Choice: An Overview, Mario Loyola
Introduction: From Science To Public Choice: An Overview, Mario Loyola
FIU Law Review
No abstract provided.
Five Considerations For Twenty-First Century Climate Policy, Matthew G. Burgess
Five Considerations For Twenty-First Century Climate Policy, Matthew G. Burgess
FIU Law Review
As the twenty-first century advances, society is entering a new phase regarding climate change. Impacts of climate change are becoming more salient in the present, rather than being only far-off in the future. Progress on flattening—and in many affluent countries, reducing—greenhouse gas emissions is also becoming salient, though the progress underperforms international targets. Slowing economic growth and major technological and geopolitical disruptions are creating new challenges and uncertainties. One of these challenges is a political climate of deep divisions and rising distrust in fact-finding institutions—a climate that is ripe for demagoguery. In the United States and some other countries, the …
Inadequate Demonstration: Epa’S Latest Effort To Force A Clean Energy Transition On The Power Sector Rests On Technologies That Have Not Been Adequately Demonstrated, Mario Loyola
FIU Law Review
The Environmental Protection Agency's (EPA) proposed regulations of power plant carbon emissions under Section 111 of the Clean Air Act, which were proposed in May of 2023, raise a number of concerns. The proposed regulations target a transition in the U.S. power sector towards clean energy, relying heavily on Carbon Capture & Storage (CCS) and green hydrogen technologies to achieve nearly net zero carbon emissions from existing fossil fuel power plants. These technologies, however, do not seem to satisfy the Section 111 requirement that the Best System of Emissions Reduction (BSER) be adequately demonstrated at the scale and for the …
Tarnished Gold: The Endangered Species Act At 50, Jonathan H. Adler
Tarnished Gold: The Endangered Species Act At 50, Jonathan H. Adler
FIU Law Review
The ESA is arguably the most powerful and stringent federal environmental law on the books. Yet for all of the Act’s force and ambition, it is unclear how much the law has done much to achieve its central purpose: the conservation of endangered species. The law has been slow to recover listed species and has fostered conflict over land use and scientific determinations that frustrate cooperative conservation efforts. The Article aims to take stock of the ESA’s success and failures during its first fifty years, particularly with regard the conservation of species habitat on private land. While the Act authorizes …
Markham’S Opus Remembering The Past—Watching It Repeat From The Great Recession To The Covid-19 Pandemic: A Financial History Of The United States 2010–2020 (By Jerry W. Markham 2022), Christian A. Johnson
Markham’S Opus Remembering The Past—Watching It Repeat From The Great Recession To The Covid-19 Pandemic: A Financial History Of The United States 2010–2020 (By Jerry W. Markham 2022), Christian A. Johnson
FIU Law Review
This article discusses the impact and significance of Professor Jerry Markham's financial history entitled "From the Great Recession to Covid-19 Pandemic: A Financial History of the United States 2010-2020. The article describes how this volume 7 to his series on the financial history of the United States captures the significance of the financial events and tumult that occurred between 2010 and 2020.
Rational Investing Or Speculative Fever?: Spacs, Robinhood, And Digital Assets—Securities Markets Or Casinos?, Thomas Lee Hazen
Rational Investing Or Speculative Fever?: Spacs, Robinhood, And Digital Assets—Securities Markets Or Casinos?, Thomas Lee Hazen
FIU Law Review
This article focuses a recurring theme – speculation in the financial markets. The 2010-2020 decade set the stage for a new round of speculative activity starting in 2021. In the article that follows I reflect on a new wave of speculation and three current examples of speculative activity. The article concludes that regulators should be cautious about over-regulation of SPACs and gamified trading. The article also supports the regulation of digital assets (crypto currencies and NFTs) as securities.
Celebrating Markham’S Approach To Financial History: Getting At The Macro One Deal At A Time, José Gabilondo
Celebrating Markham’S Approach To Financial History: Getting At The Macro One Deal At A Time, José Gabilondo
FIU Law Review
Professor Markham's financial history does an excellent job of reviewing and analyzing financial history for the period from the Great Recession to the COVID pandemic. His granular approach to financial history conveys macro-trends by focusing on the most defining transactions and episodes from this period.
Introduction: Comparative Comparative Law, Jorge L. Esquirol
Introduction: Comparative Comparative Law, Jorge L. Esquirol
FIU Law Review
This introduction illuminates the multifaceted nature of comparative law, transcending its conventional perception as merely a methodological tool. Rather, it emerges as a dynamic arena of political struggle, embodying diverse perspectives and objectives across various discursive exchanges. The volume delves into this complexity through contributions from esteemed scholars exploring topics ranging from granting rights to rivers in Colombia to the constitutional interpretive politics of Italian abortion rights. It underscores how comparative law shapes governance and policy, both reinforcing hegemonic norms and providing avenues for resistance and alternative perspectives. Ultimately, the volume celebrates the rich diversity and interconnectedness within comparative law, …
"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau
"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau
FIU Law Review
Comparative law incentivize imagination to create new solutions to social problems intrinsically linked to different parts of the world. It consists in the analysis of multiple legal solutions revealed by research. Meanwhile, the understanding of the documentation put forward is influenced by the social, cultural, linguistic, political, and economic context where it evolved in the first place. Consequently, the interpretation of those elements leads to varying results. In response to this reality, we offer a modest comparative methodology rooted in creativity inspired by the concept of “bricolage” for the purpose of legislative innovations. In light of some descriptive examples pertaining …
Italian Comparative: A Trait Of The Legal System, Bianca Gardella Tedeschi
Italian Comparative: A Trait Of The Legal System, Bianca Gardella Tedeschi
FIU Law Review
The cultural environment of Italian academia was open to suggestions that came from other legal systems and shaped an eclectic legal culture. Italy is an hybrid system that took the code from France, the legal science from Germany, and has always been receptive of foreign suggestions. This cultural background may explain why the Italian legal curriculum requires a mandatory course of comparative law and why comparative law has been an important field of Italian legal research. At the same time, comparative law was characterized by an an important mark of antiformalism, necessary to swim through the times of Fascism and …
The Spree Of Principles And The Abuses Of The Balancing Doctrine In Brazil, Ronaldo Porto Macedo
The Spree Of Principles And The Abuses Of The Balancing Doctrine In Brazil, Ronaldo Porto Macedo
FIU Law Review
This article delves into the nuanced distinction between principles and rules in legal discourse, emphasizing their differing grammatical functions. While acknowledging the necessity of principles in legal reasoning, it cautions against their unchecked proliferation, exemplified by the Ellwanger case. The analysis underscores the importance of contextual understanding in discerning between principles and policies, advocating for a philosophical-political reflective approach. It critiques the overreliance on balancing-proportionality as a universal method, warning against its potential for dogmatic reduction and infringement on fundamental rights like freedom of expression. Ultimately, it calls for a balanced, reflective interpretation of principles to mitigate the risks inherent …
Global Antitrust From The Global South: A Comparative Law Void, Dina I. Waked
Global Antitrust From The Global South: A Comparative Law Void, Dina I. Waked
FIU Law Review
The article examines the historical trajectory and contemporary implications of the international antitrust regime proposed in the late 1990s and early 2000s. It delves into the motivations behind calls for harmonization of competition laws worldwide, driven by concerns over the power of multinational corporations and the challenges of regulating cross-border economic activity. While some advocated for a universal set of antitrust laws, others resisted, citing the need to account for diverse national contexts, particularly in the Global South. Despite the failure to establish a singular regime, the paper argues that diffusion of antitrust laws has led to convergence, albeit with …
Defining The Relationship Between Municipal Bankruptcy And Modern Federalism Jurisprudence, John Allen Livingston
Defining The Relationship Between Municipal Bankruptcy And Modern Federalism Jurisprudence, John Allen Livingston
FIU Law Review
This article delves into the relationship between municipal bankruptcy law and modern federalism jurisprudence, particularly focusing on Chapter 9 reform proposals and its constitutional implications. Against the backdrop of the COVID-19 pandemic's economic challenges, the article explores the historical context of municipal bankruptcy, critiques of Chapter 9's limitations, and proposals for empowering bankruptcy courts. It analyzes key doctrines of federalism such as the Anti-Commandeering and Anti-Coercion Doctrines, as well as the Clear Statement Rule, to evaluate the constitutionality of expanding bankruptcy courts' powers. The article navigates through scholarly debates, proposing a nuanced perspective on the role of federalism, state sovereignty, …