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Florida International University College of Law

2014

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Articles 1 - 30 of 52

Full-Text Articles in Law

Una Mirada Al Derecho Y Su Historia Desde Venezuela, Rogelio Pérez Perdomo Apr 2014

Una Mirada Al Derecho Y Su Historia Desde Venezuela, Rogelio Pérez Perdomo

Faculty Publications

No abstract provided.


Constitutional Concern, Membership, And Race, Sarah Krakoff Mar 2014

Constitutional Concern, Membership, And Race, Sarah Krakoff

FIU Law Review

No abstract provided.


Editorial Board Mar 2014

Editorial Board

FIU Law Review

No abstract provided.


Publisher Mar 2014

Publisher

FIU Law Review

No abstract provided.


Creating Space For Reservation Growth, Ezra Rosser Mar 2014

Creating Space For Reservation Growth, Ezra Rosser

FIU Law Review

No abstract provided.


Law Of Victims And Land Restitution: Colombia’S Ambitious Law Faces Implementation Challenges, Isaura Velez Mar 2014

Law Of Victims And Land Restitution: Colombia’S Ambitious Law Faces Implementation Challenges, Isaura Velez

FIU Law Review

No abstract provided.


Table Of Contents Mar 2014

Table Of Contents

FIU Law Review

No abstract provided.


The Seminole Tribe Of Florida And The Everglades Ecosystem: Refuge And Resource, Allison M. Dussias Mar 2014

The Seminole Tribe Of Florida And The Everglades Ecosystem: Refuge And Resource, Allison M. Dussias

FIU Law Review

No abstract provided.


Copyrights, Trademarks, And Terminations: How Limiting Comic Book Characters In The Film Industry Reflects On Future Intellectual Property Issues For Character Law, Joshua Saval Mar 2014

Copyrights, Trademarks, And Terminations: How Limiting Comic Book Characters In The Film Industry Reflects On Future Intellectual Property Issues For Character Law, Joshua Saval

FIU Law Review

No abstract provided.


Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake A. Watson Mar 2014

Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake A. Watson

FIU Law Review

No abstract provided.


My Response, Stanley Fish Mar 2014

My Response, Stanley Fish

FIU Law Review

No abstract provided.


Symposium Introduction, M. Alexander Pearl Mar 2014

Symposium Introduction, M. Alexander Pearl

FIU Law Review

No abstract provided.


No Surrender: Fighting For Native American Justice, Troy A. Eid Mar 2014

No Surrender: Fighting For Native American Justice, Troy A. Eid

FIU Law Review

No abstract provided.


The Seminole Tribe And The Origins Of Indian Gaming, Matthew L.M. Fletcher Mar 2014

The Seminole Tribe And The Origins Of Indian Gaming, Matthew L.M. Fletcher

FIU Law Review

No abstract provided.


Creating A Seminole Enemy: Ethnic And Racial Diversity In The Conquest Of Florida, Andrew K. Frank Mar 2014

Creating A Seminole Enemy: Ethnic And Racial Diversity In The Conquest Of Florida, Andrew K. Frank

FIU Law Review

No abstract provided.


A Rejection Of State Efforts To Enforce Gaming Laws On Indian Lands In The Absence Of A Tribal-State Compact, Mark H. Reeves Mar 2014

A Rejection Of State Efforts To Enforce Gaming Laws On Indian Lands In The Absence Of A Tribal-State Compact, Mark H. Reeves

FIU Law Review

No abstract provided.


The Background And Continued Cultural And Historical Importance Of The Seminole Wars In Florida, Brent R. Weisman Mar 2014

The Background And Continued Cultural And Historical Importance Of The Seminole Wars In Florida, Brent R. Weisman

FIU Law Review

No abstract provided.


Criminal Justice In Indian Country, M. Alexander Pearl Jan 2014

Criminal Justice In Indian Country, M. Alexander Pearl

Faculty Publications

This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states …


Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone Jan 2014

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Faculty Publications

No abstract provided.


Responsible, Renewable, And Redesigned: How The Renewable Energy Movement Can Make Peace With The Endangered Species Act, Kalyani Robbins Jan 2014

Responsible, Renewable, And Redesigned: How The Renewable Energy Movement Can Make Peace With The Endangered Species Act, Kalyani Robbins

Faculty Publications

One of the most promising routes to a sustainable energy future, as well as climate change mitigation, is the development of renewable energy sources such as wind, solar energy, and hydropower. Indeed, scientists have proposed plans to move completely (100 percent!) to these energy sources within a couple of decades. Mark Z. Jacobson and M.A. Delucchi, scientists from Stanford and U.C. Davis, have outlined a plan to achieve this goal, thereby “eliminating all fossil fuels”. Hydroelectric power already provides almost one-fifth of the world's electricity, and wind and solar development is rapidly picking up as well. However, before we leave …


Revisiting The Causes Of The Financial Crisis, Antony Page Jan 2014

Revisiting The Causes Of The Financial Crisis, Antony Page

Faculty Publications

Much has been written on the legal causes of the financial crisis and its aftermath, often referred to as the Great Recession. Presumably the debate will continue for many years to come, much as scholars continue to debate the causes of the Great Depression. Lost, however, in the descriptions of arcane laws and complex derivative financial products, is a relatively brief and straightforward account of the crisis and its most likely causes for interested lawyers, law students, or graduate students who are not specialists and do not want to become specialists. This Essay, based on a presentation at the Indiana …


Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel A. Gomez Jan 2014

Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel A. Gomez

Faculty Books

Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of …


Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa Jan 2014

Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa

Faculty Publications

Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision-makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological (not political) boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. But with the stakes so high, Florida’s water management districts are at the center of a broader fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show …


The Professional, Winter 2014, Henry Latimer Center For Professionalism Jan 2014

The Professional, Winter 2014, Henry Latimer Center For Professionalism

The Professional Newsletter

The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.


The Professional, Spring 2014, Henry Latimer Center For Professionalism Jan 2014

The Professional, Spring 2014, Henry Latimer Center For Professionalism

The Professional Newsletter

The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.


The Professional, Fall 2014, Henry Latimer Center For Professionalism Jan 2014

The Professional, Fall 2014, Henry Latimer Center For Professionalism

The Professional Newsletter

The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.


The Rise Of Risk-Based Regulatory Capital: Liquidity And Solvency Standards For Financial Intermediaries, Jose Gabilondo Jan 2014

The Rise Of Risk-Based Regulatory Capital: Liquidity And Solvency Standards For Financial Intermediaries, Jose Gabilondo

Faculty Books

In a capitalist economy, a private firm seeking finance must negotiate with prospective investors in the open market, which establishes standards about the terms on which debt and equity investment will be forthcoming. In addition to these market-financing standards, the capital structure of some financial firms—particularly broker-dealers, federally insured depository institutions, and insurance companies—must satisfy other requirements imposed by federal or state regulators to promote liquidity and solvency. Regulators take a heightened interest in these firms because they serve a public function in providing credit and other financial services. To grasp what regulatory capital rules try to accomplish, the reader …


Settling The Scienter Split:Why Scienter Should Not Be Required Forsec Enforcement Of Rule 13b2-2 Violations, Robert Strongarone Jan 2014

Settling The Scienter Split:Why Scienter Should Not Be Required Forsec Enforcement Of Rule 13b2-2 Violations, Robert Strongarone

FIU Law Review

No abstract provided.


Contract Claims And The Willful And Malicious Injury Exception To The Discharge In Bankruptcy, Scott F. Norberg Jan 2014

Contract Claims And The Willful And Malicious Injury Exception To The Discharge In Bankruptcy, Scott F. Norberg

Faculty Publications

No abstract provided.


The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa Jan 2014

The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa

Faculty Publications

The United Nations Watercourses Convention entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational principles of the Watercourses Convention remain ambiguous. These limitations are illustrated in …