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Florida International University College of Law

2021

Articles 1 - 30 of 65

Full-Text Articles in Law

Contributor, In Collective Wisdom: When To Impeach With An Inconsistent Statement, H. Scott Fingerhut Jan 2021

Contributor, In Collective Wisdom: When To Impeach With An Inconsistent Statement, H. Scott Fingerhut

Faculty Books

In that trial is competitive storyshowing in context, H.T. Smith, Director of FIU’s Trial Advocacy Program, rightly insists that the trial lawyer necessarily filters most every advocacy decision through the prism of “it depends,” including when on cross-examination to impeach a witness with a prior inconsistent statement. Whether the prior statement helps you, hurts you, or, albeit inconsistent, does neither, the when question takes these factors into consideration: • Significance―the contrast between the statements • Materiality―the importance of the impeachment to your case • Timing―when you learn of the impeachment opportunity Do the math.


The Discounted Labor Of Bipoc Students And Faculty, Taleed El-Sabawi, Madison Fields Jan 2021

The Discounted Labor Of Bipoc Students And Faculty, Taleed El-Sabawi, Madison Fields

Faculty Publications

Black Law Students experienced a different COVID-19 pandemic than their majority counterparts due in part to the emotional and physical toll caused by the violent, public mistreatment of Black persons at the hands of law enforcement. While some law faculty at some institutions were proactive in identifying the struggles that their Black students were facing, most law faculty and administrators did nothing—prompting Black students to take time away from their studies to organize, draft letters, gather signatures, and have very uncomfortable conversations with university administrators and faculty about the need for change. Meanwhile, Black faculty and faculty of color, who …


Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr. Jan 2021

Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.

FIU Law Review

No abstract provided.


Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando Jan 2021

Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando

FIU Law Review

No abstract provided.


The Legal Legacy Of The Special Court For Sierra Leone: The Sierra Leone Perspective—When The Story Is As Important As The Storyteller, Dr. Michael Imran Kanu Jan 2021

The Legal Legacy Of The Special Court For Sierra Leone: The Sierra Leone Perspective—When The Story Is As Important As The Storyteller, Dr. Michael Imran Kanu

FIU Law Review

No abstract provided.


Publisher Jan 2021

Publisher

FIU Law Review

No abstract provided.


It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia Jan 2021

It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia

FIU Law Review

No abstract provided.


Legacy Of The Special Court For Sierra Leone: Creating Space For Non-Judicial Alternatives, Linda Carter Jan 2021

Legacy Of The Special Court For Sierra Leone: Creating Space For Non-Judicial Alternatives, Linda Carter

FIU Law Review

No abstract provided.


Editorial Board Jan 2021

Editorial Board

FIU Law Review

No abstract provided.


Credit Supports For Italian Specialty Products: The Case Of Prosciutto And Long-Aged Cheese, Jorge L. Esquirol Jan 2021

Credit Supports For Italian Specialty Products: The Case Of Prosciutto And Long-Aged Cheese, Jorge L. Esquirol

FIU Law Review

No abstract provided.


Put More Women In Charge And Other Leadership Lessons From Covid-19, Peter H. Huang Jan 2021

Put More Women In Charge And Other Leadership Lessons From Covid-19, Peter H. Huang

FIU Law Review

No abstract provided.


Who Benefits From Leaving The “Bad” School?, Annabelle V. González Jan 2021

Who Benefits From Leaving The “Bad” School?, Annabelle V. González

FIU Law Review

No abstract provided.


Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon Jan 2021

Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon

FIU Law Review

No abstract provided.


Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman Jan 2021

Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman

FIU Law Review

No abstract provided.


Publisher Jan 2021

Publisher

FIU Law Review

No abstract provided.


Modernizing U.S. Tax Code Section 280e: How An Outdated “War On Drugs” Tax Law Is Failing The United States Legal Cannabis Industry And What Congress Can Do To Fix It, David Butter Jan 2021

Modernizing U.S. Tax Code Section 280e: How An Outdated “War On Drugs” Tax Law Is Failing The United States Legal Cannabis Industry And What Congress Can Do To Fix It, David Butter

FIU Law Review

No abstract provided.


Who Bears The Greatest Responsibility For International Crimes?, Margaret M. Deguzman Jan 2021

Who Bears The Greatest Responsibility For International Crimes?, Margaret M. Deguzman

FIU Law Review

No abstract provided.


The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong Jan 2021

The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong

FIU Law Review

No abstract provided.


Circuit Courts Split: Victim Of A Data Breach? Can You “Stand” And Sue In Federal Court?, Darlyn De La Rosa Jan 2021

Circuit Courts Split: Victim Of A Data Breach? Can You “Stand” And Sue In Federal Court?, Darlyn De La Rosa

FIU Law Review

No abstract provided.


The “Ultimate” Question: Are Ultimate Employment Decisions Required To Succeed On A Discrimination Claim Under Section 703(A) Of Title Vii?, Yina Cabrera Jan 2021

The “Ultimate” Question: Are Ultimate Employment Decisions Required To Succeed On A Discrimination Claim Under Section 703(A) Of Title Vii?, Yina Cabrera

FIU Law Review

No abstract provided.


Take The Airwaves And Run: How A Loophole In The Copyright Laws Is Helping Competitors Gain An Advantage In The Name Of Public Interest, Mario Romero Jan 2021

Take The Airwaves And Run: How A Loophole In The Copyright Laws Is Helping Competitors Gain An Advantage In The Name Of Public Interest, Mario Romero

FIU Law Review

No abstract provided.


The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat Jan 2021

The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat

FIU Law Review

No abstract provided.


Editorial Board Jan 2021

Editorial Board

FIU Law Review

No abstract provided.


The Supreme Court’S Un-Americanism Pendulum, Nicholas L. Georgakopoulos Jan 2021

The Supreme Court’S Un-Americanism Pendulum, Nicholas L. Georgakopoulos

FIU Law Review

No abstract provided.


The Road To Bostock, John Towers Rice Jan 2021

The Road To Bostock, John Towers Rice

FIU Law Review

No abstract provided.


Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi Jan 2021

Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi

FIU Law Review

No abstract provided.


Dealing With Gender-Based Crimes In International Criminal Law, Tamara Cummings-John Jan 2021

Dealing With Gender-Based Crimes In International Criminal Law, Tamara Cummings-John

FIU Law Review

No abstract provided.


Editorial Board Jan 2021

Editorial Board

FIU Law Review

No abstract provided.


A Model For Defunding: An Evidence-Based Statute For Behavioral Health Crisis Response, Taleed El-Sabawi, Jennifer J. Carroll Jan 2021

A Model For Defunding: An Evidence-Based Statute For Behavioral Health Crisis Response, Taleed El-Sabawi, Jennifer J. Carroll

Faculty Publications

Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers, but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic culture of racialized violence. Public outcry against racial inequities has increased as the authority of police departments has expanded to include not only the authority to respond to and investigate criminal activity, but also to respond to calls regarding behavioral health issues and …


Environmental Protection And Human Rights In The Pandemic, Sarah C. Slinger, Maria Antonia Tigre, Natalia Urzola Jan 2021

Environmental Protection And Human Rights In The Pandemic, Sarah C. Slinger, Maria Antonia Tigre, Natalia Urzola

Faculty Publications

The Covid-19 outbreak in 2020 took the world by surprise. The virus spread quickly around the globe and death tolls were constantly on the rise at early stages of the pandemic. Although vaccine rollouts have helped halt the number of deaths, inequality in accessing vaccines and effective treatments is still a major issue. From the onset, Covid-19 negatively impacted global well-being and myriad human rights. The present report examines how environmental protection and related human rights have been affected by the Covid-19 pandemic. Based on link between environmental and human health, this report focuses on ecological human rights. The report …