Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 16 of 16

Full-Text Articles in Law

Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko Jan 2012

Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko

Florida A & M University Law Review

No abstract provided.


The Second Annual Distinguished Lecture Florida A&M Environmental Law And Justice Symposium, November 3-4, 2011, Albert Mumma Jan 2012

The Second Annual Distinguished Lecture Florida A&M Environmental Law And Justice Symposium, November 3-4, 2011, Albert Mumma

Florida A & M University Law Review

No abstract provided.


Environmental Justice With Chinese Characteristics: Recent Developments In Using Environmental Public Interest Litigation To Strengthen Access To Environmental Justice, Jingjing Liu Jan 2012

Environmental Justice With Chinese Characteristics: Recent Developments In Using Environmental Public Interest Litigation To Strengthen Access To Environmental Justice, Jingjing Liu

Florida A & M University Law Review

China's unprecedented economic growth and rapid urbanization in the past three decades has exerted a heavy toll on the country's environment. Set against the backdrop of China's daunting environmental challenges, this article will first discuss how the environmental justice issue manifests itself on Chinese soil and how its evolvement differs from the American experience. This discussion will be followed by an analysis on how environmental public interest litigation, inspired by citizen suits in the U.S., has been fermenting in China and advocated by environmentalists as a new approach to broaden and strengthen access to environmental justice. The article will then …


Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley Jan 2012

Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley

Florida A & M University Law Review

No abstract provided.


Should We Adopt A Specific Regulation To Protect People That Are Displaced By Hydroelectric Projects?: Reflections Based On Brazilian Law And The "Belo Monte" Case, Bibiana Graeff Jan 2012

Should We Adopt A Specific Regulation To Protect People That Are Displaced By Hydroelectric Projects?: Reflections Based On Brazilian Law And The "Belo Monte" Case, Bibiana Graeff

Florida A & M University Law Review

No abstract provided.


Liberty Over Death: Seeking Due Process Dimensions For Freedom Of Contract, Michael Pillow Jan 2012

Liberty Over Death: Seeking Due Process Dimensions For Freedom Of Contract, Michael Pillow

Florida A & M University Law Review

No abstract provided.


Lmao; That Guy Is Such A &*%#!: Redefining Defamation Law's Stagnant Community Standard In A Rapidly Changing World, Daniel Lewis Jan 2012

Lmao; That Guy Is Such A &*%#!: Redefining Defamation Law's Stagnant Community Standard In A Rapidly Changing World, Daniel Lewis

Florida A & M University Law Review

Nearly forty years ago in the heat of the civil rights movement, the Supreme Court famously considered whether a Montgomery, Alabama Commissioner who supervised the Police Department was damaged by defamatory comments. In determining whether the false statements published in the New York Times article lowered the Commissioner's reputation and impeded his reelection chances, the court wrestled with defining the community in which these comments were published. Should the Supreme Court consider the allegedly defamatory comments within the scope of a national community, as the New York Times is a national publication, or was the correct community restrained to the …


I Do. Is That Okay With You?: A Look At How Most States Are Circumventing The Full Faith And Credit Clause And Equal Protection Clause To Not Recognize Legal Same-Sex Marriages From Other States And Its Effect On Society, Rebecca Hameroff Jan 2012

I Do. Is That Okay With You?: A Look At How Most States Are Circumventing The Full Faith And Credit Clause And Equal Protection Clause To Not Recognize Legal Same-Sex Marriages From Other States And Its Effect On Society, Rebecca Hameroff

Florida A & M University Law Review

Due to statutes, bans, and the Federal Defense of Marriage Act, states do not have to recognize legal same-sex marriages from sister states that recognize same-sex marriage. This paper examines the denial of the fundamental right to marriage for same-sex couples, the violation of the Full Faith and Credit Clause of Article IV, Section 1 of the United States Constitution and Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by not recognizing same-sex marriages legally performed in other states. It starts by looking at the impact these practices have on same-sex couples and the toll it …


Prece-Don't: Corporations And The Rise Of The Modern Judicial Dictatorship, Justin Levitt Jan 2012

Prece-Don't: Corporations And The Rise Of The Modern Judicial Dictatorship, Justin Levitt

Florida A & M University Law Review

In 2010, the Supreme Court decision, Citizens United v. Federal Election Commission, declared unconstitutional any law forbidding corporations and unions from using general treasury funds for "electioneering communication," or political advocacy transmitted by broadcast, cable, or satellite communication in the period leading up to a federal election.

This note will examine the implications of the Citizens United decision and will argue that the future of First Amendment protection of corporate speech does not turn on any notion of corporate personhood. It will explore exactly how the Court has applied the equal protection clause of the Fourteenth Amendment to corporations. It …


Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld Jan 2012

Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld

Florida A & M University Law Review

No abstract provided.


How Sweet It Isn't: Big Sugar's Power Politics And The Fate Of The Florida Everglades, Katherine Mohr Jan 2012

How Sweet It Isn't: Big Sugar's Power Politics And The Fate Of The Florida Everglades, Katherine Mohr

Florida A & M University Law Review

No abstract provided.


The Acf Water Crisis: A Major Challenge With A Feasible "Volunteer" Solution, Tremaine Reese Jan 2012

The Acf Water Crisis: A Major Challenge With A Feasible "Volunteer" Solution, Tremaine Reese

Florida A & M University Law Review

No abstract provided.


Will Free Speech Get A License To Drive In Florida?: A Proposal For Distinguishing Free Speech From Government Speech In Florida Specialty Plate Cases, Christopher Robert Dillingham Ii Jan 2012

Will Free Speech Get A License To Drive In Florida?: A Proposal For Distinguishing Free Speech From Government Speech In Florida Specialty Plate Cases, Christopher Robert Dillingham Ii

Florida A & M University Law Review

Specialty license plates for automobiles, which publish individual and special interest Free Speech, present a quagmire for the courts when analyzed through the lens of the First Amendment's Free Speech Clause. While citizens and groups can obtain personalized license plates that publish both symbolic and written speech, state governments often exercise strict editorial control over their license plates. This regulatory scenario raises the dual questions of who is speaking - the government or the private party - and how much constitutional power the government has to engage in viewpoint restriction in regulating that speech in this traditional government forum. The …


History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre Jan 2012

History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre

Florida A & M University Law Review

No abstract provided.


Getting Nowhere: Florida's Failed Choice Of Law Approach To Torts And A Proposal For Change, Shirley A. Wiegand Jan 2012

Getting Nowhere: Florida's Failed Choice Of Law Approach To Torts And A Proposal For Change, Shirley A. Wiegand

Florida A & M University Law Review

No abstract provided.


The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate Jan 2012

The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate

Florida A & M University Law Review

No abstract provided.