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

Law Commons

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

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 10141 - 10170 of 561070

Full-Text Articles in Law

The Roots Of The Problem: How The Crown Act Could Remedy The Inadequacies Of Title Vii Hair Discrimination Protections In The Entertainment Industry Jan 2023

The Roots Of The Problem: How The Crown Act Could Remedy The Inadequacies Of Title Vii Hair Discrimination Protections In The Entertainment Industry

Florida A & M University Law Review

This article will examine the inadequacies of Title VII of the Civil Rights Act of 1964 (“Title VII”) as it relates to hair discrimination in the entertainment industry and how the “Create a Respectful and Open Workplace for Natural Hair” (“CROWN”) Act could help to alleviate those inadequacies. Title VII fails to acknowledge the connection between hair texture/ protective styles and race. The entertainment industry exploits the failures of Title VII when casting African American women for television and film roles. Industry executives have been known to ask actresses to mute or exaggerate their blackness through different requests for their …


School Curriculum: The Sigmatic Harm To Students And The Responsibility Of Congress To Act Again Jan 2023

School Curriculum: The Sigmatic Harm To Students And The Responsibility Of Congress To Act Again

Florida A & M University Law Review

When Brown was decided, the Supreme Court felt that it could not trust the States to encourage and facilitate equality on its own, which was proven true in the subsequent, decades-long resistance against integration following the Brown II mandate. Once again, the States cannot be trusted to move towards equality and away from backward community norms and bias without federal intervention. This is currently being exemplified by states like Florida—explicitly banning public schools from teaching Critical Race Theory. The Supreme Court does not seem willing to extend Brown any further, but the federal government may encourage and facilitate curriculum equality …


The American Dream Belongs To All Of Us: Latinos And Jamaican Americans Experience Cultural Genocide By American Assimilation Jan 2023

The American Dream Belongs To All Of Us: Latinos And Jamaican Americans Experience Cultural Genocide By American Assimilation

Florida A & M University Law Review

Racism in the United States has had a detrimental effect on the Latino and Jamaican experience in this country; affirmative action can be used to promote acculturation rather than assimilation. Part I of this article will explore the origins of the American Experiment as the creation of a country with freedom and democracy and how the benefit of those rights has never been given to racialized minorities without a struggle and fight. Part II explores Supreme Court cases that deal with discrimination issues in America and highlights how the solution to the forced assimilation of diverse cultures cannot be found …


Special Thank You! Jan 2023

Special Thank You!

Florida A & M University Law Review

No abstract provided.


Front Matter Jan 2023

Front Matter

Florida A & M University Law Review

No abstract provided.


Editorial Board And Statement Of Policy Jan 2023

Editorial Board And Statement Of Policy

Florida A & M University Law Review

No abstract provided.


Leadership, Faculty, Instructors, And Trustees Jan 2023

Leadership, Faculty, Instructors, And Trustees

Florida A & M University Law Review

No abstract provided.


Table Of Contents Jan 2023

Table Of Contents

Florida A & M University Law Review

No abstract provided.


Editors Note Jan 2023

Editors Note

Florida A & M University Law Review

No abstract provided.


What To The Marginalized Person Is The American Dream Jan 2023

What To The Marginalized Person Is The American Dream

Florida A & M University Law Review

I will organize this Note around three themes Douglass articulated in his speech. These themes, which remain timely and relevant over 170 years later, are (1) the importance of attending to those most impacted by injustices; (2) the responsibility of each of us to address the injustices we see in the world around us; and (3) the practice of remaining hopeful in the face of what, at times, may feel like daunting circumstances. I will structure this Note around these three themes as I consider what the American Dream means for marginalized persons. Throughout, I will weave in examples of …


The Anti-Woke And The Black American (Waking) Dream Jan 2023

The Anti-Woke And The Black American (Waking) Dream

Florida A & M University Law Review

This essay, though not a direct transcript, is based largely upon the keynote address given by the author on February 24, 2023, at the “The American Dream Belongs to All of Us” Symposium sponsored by the Florida A&M University (FAMU) Law Review and the FAMU Hispanic American Law Student Association (HALSA) at FAMU College of Law. The author joyfully acknowledges that her remarks are likely impermissible under the so-called Stop-W.O.K.E. Act that is currently being challenged in court by members of the FAMU College of Law community.


Critical Race Theory And Florida Schools: An Attempt To Suppress Racism Embedded Within American History Jan 2023

Critical Race Theory And Florida Schools: An Attempt To Suppress Racism Embedded Within American History

Florida A & M University Law Review

“Our Constitution is colorblind, and neither knows nor tolerates classes among its citizens.” Imagine that a public school student learns that the curriculum taught at their school about their culture and its history has just been banned. Further, they discover that the reasoning for the removal is the belief that the curriculum promotes reverse racism. Imagine this happening only to classes related to their culture and background, but similar courses teaching the history and experiences of other cultures remain untouched, unbanned, and unaddressed. History is the story of the past and tells us where we are, where we come from, …


Front Matter Jan 2023

Front Matter

SMU Science and Technology Law Review

No abstract provided.


Houston Security Camera Ordinance: Reasonable Safety Measure Or Orwellian Surveillance, Clint Nuckolls Jan 2023

Houston Security Camera Ordinance: Reasonable Safety Measure Or Orwellian Surveillance, Clint Nuckolls

SMU Science and Technology Law Review

A new ordinance went into effect in Houston, Texas in July 2022, which looks to leverage technology and require certain businesses to install surveillance cameras at their own cost and turn footage over to the police on demand without a warrant. The ordinance specifically requires bars, nightclubs, convenience stores, sexually oriented businesses, and game rooms to install surveillance cameras, with accompanying lighting at all places where customers are permitted, keep the cameras running at all times, even when the business is closed, and store the footage for at least thirty days, all at the expense of the business owners. The …


Employee Monitoring: As Technology Advances Yet The Electronic Communications Privacy Act Stays In The Past, Isabela Possino Jan 2023

Employee Monitoring: As Technology Advances Yet The Electronic Communications Privacy Act Stays In The Past, Isabela Possino

SMU Science and Technology Law Review

Since the Electronic Communications Privacy Act of 1986 was enacted, the United States has endured an evolution of technology. While progressive at its inception, the ECPA has since been met with a tumultuous response from scholars, courts, and others trying to understand its purpose and application regarding privacy rights and the monitoring of communications. Specifically, since the COVID-19 pandemic, the ECPA has remained at the forefront of debate with respect to employee monitoring and surveillance practices. This article provides an overview of the ECPA and explains why today’s technological advancements have surpassed the protections afforded by the Act, leaving employees …


Convertible Equity In The Japanese Startup Ecosystem, A. Reid Monroe-Sheridan Jan 2023

Convertible Equity In The Japanese Startup Ecosystem, A. Reid Monroe-Sheridan

University of Pennsylvania Asian Law Review

No abstract provided.


Court Polarization: A Comparative Perspective, Iddo Porat Jan 2023

Court Polarization: A Comparative Perspective, Iddo Porat

UC Law SF International Law Review

Polarization is on the rise around the globe. Political views are driven to the poles, and moderate views are weakened. Many studies have been carried out on the increase in social and political polarization, but far fewer on the effects of polarization on constitutional and supreme courts, and none on a comparative or global scale. This Article attempts to fill this gap. It aims, for the first time, to describe and typologize the effects of political polarization on constitutional and supreme courts in different parts of the world.

The Article identifies three models of such effects: mirror polarization (the U.S.) …


Civil Litigation: Optimism And Expenditures: The Effect On Settlements, Ben Depoorter Jan 2023

Civil Litigation: Optimism And Expenditures: The Effect On Settlements, Ben Depoorter

The Judges' Book

No abstract provided.


Criminal Law: Toward A Subjectivist Approach To Rape By Deception, Binyamin Blum Jan 2023

Criminal Law: Toward A Subjectivist Approach To Rape By Deception, Binyamin Blum

The Judges' Book

No abstract provided.


Public Lands: A Brief History Of America’S Public Lands, John D. Leshy Jan 2023

Public Lands: A Brief History Of America’S Public Lands, John D. Leshy

The Judges' Book

No abstract provided.


Vaccine Law: Covid-19 Vaccine Mandates For University Students, Dorit R. Reiss Jan 2023

Vaccine Law: Covid-19 Vaccine Mandates For University Students, Dorit R. Reiss

The Judges' Book

No abstract provided.


Regulating The Digital Resonance, Hassan Salman Jan 2023

Regulating The Digital Resonance, Hassan Salman

UC Law Science and Technology Journal

The proliferation of automated content moderation in social media has negatively impacted users’ (individuals, businesses, and governments) selfexpressions. Major social media platforms like Facebook act as public forums for billions of users whose content may vary in terms of acceptability and legality. User content is colored by social as well as personal norms, values and experiences. For example, though blasphemy may be objectionable in Poland, it may not be so in France. However, despite facing some mistrust over how Facebook and other platforms handle user data and moderate content, users rely on the entities like Facebook to correctly filter this …


Redirecting The Herd: Informing Cryptocurrency Regulations Through The Lens Of Behavioral Science, Jonathan Su Jan 2023

Redirecting The Herd: Informing Cryptocurrency Regulations Through The Lens Of Behavioral Science, Jonathan Su

UC Law Science and Technology Journal

Conversations on cryptocurrencies have become a mainstay in society today, whether that be on social media or in individual conversations. The cultural and social impact of cryptocurrency is undeniable and, as conversations with cryptocurrency supporters would suggest, lead to a positive impact in the lives of those that invest in the currency. However, cracks are showing in the patchwork of cryptocurrency regulations throughout the United States as cryptocurrency scams run amok, resulting in losses for innocent investors. Although attention is placed upon the decisions of individual companies or executives in explaining cryptocurrency scams, little discussion is present regarding investor behaviors …


Sustainability In Public Procurement, Corporate Law And Higher Education (Introduction), Paolo Davide Farah Jan 2023

Sustainability In Public Procurement, Corporate Law And Higher Education (Introduction), Paolo Davide Farah

Book Chapters

Lela Mélon’s edited collection brings a fresh perspective to the intricate relationship between corporations and sustainability. The book focuses on the role of state actors in boosting environmental protection and the increasing importance of state awareness on environmental crises. Whether it is procurement, or education or corporate governance, we are witnessing a proactive stance of the state that is balancing economic growth with ecological concerns. The difficulties faced in forcing a particular conduct in the private sphere is reviewed in detail in the book, along with national laws and regulations that, rather than promoting environmental protection, have had the opposite …


M/S Bremen V Zapata Off -Shore Company: Us Common Law Affirmation Of Party Autonomy, Ronald A. Brand Jan 2023

M/S Bremen V Zapata Off -Shore Company: Us Common Law Affirmation Of Party Autonomy, Ronald A. Brand

Book Chapters

In the 1972 decision in M/S Bremen v Zapata Off -Shore Company, the U.S. Supreme Court brought together the development of doctrines dealing with party autonomy in choice of court and forum non conveniens. Especially when considered alongside developments favoring arbitration clauses in U.S. courts, the case provides a rich study of conflicts of laws jurisprudence in the twentieth century. This chapter begins with a discussion of fundamental elements of the development of party autonomy in U.S. law and the historical context of the law prior to The Bremen. A brief mention of how one prominent political family …


Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune Jan 2023

Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune

American University International Law Review

I express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”


Opening Speech, Claudio Grossman Jan 2023

Opening Speech, Claudio Grossman

American University International Law Review

Good morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of …


Climate Change And Sea Level Rise: Assessing Their Impacts On Belize, Carlos Fuller Jan 2023

Climate Change And Sea Level Rise: Assessing Their Impacts On Belize, Carlos Fuller

American University International Law Review

First of all, as we all know, there are three aspects of climate change that we know occur. The first is the increase of global temperatures because of greenhouse gas emissions in the atmosphere. As a result of the warming of the oceans, sea levels rise; but even more importantly, additional fresh water is entering the oceans, which is now the predominant factor leading to increased sea-level rates. Finally, a change of the hydrological cycle—because of warmer temperatures, we are seeing more extreme weather events and shifts in precipitation patterns.

The impacts, however, are more important—for example, the impacts of …


Latin America's Contribution To The Normative Discussion Around Rising Sea Levels: Incorporating The Principles Of Uti Possidetis And Solidarity, Wagner Menezes Jan 2023

Latin America's Contribution To The Normative Discussion Around Rising Sea Levels: Incorporating The Principles Of Uti Possidetis And Solidarity, Wagner Menezes

American University International Law Review

Ladies and gentlemen, dear colleagues, good morning. Initially, I would like to give thanks for the kind invitation made by Professor Claudio Grossman and now members of the committee to participate in this special conference on sea level rise and International Law’s impact on the Americas, which has set up an ahead of time debate due to the effects that are being experienced by the entire international community.


Sea Level Rise And Maritime Delimitation In The Eastern Caribbean: A Comparative Approach, Rosemarie Cadogan Jan 2023

Sea Level Rise And Maritime Delimitation In The Eastern Caribbean: A Comparative Approach, Rosemarie Cadogan

American University International Law Review

Thank you, Mr. Moderator. Let me just start by thanking the organizers today for having me on the program, and I want to extend to everyone my gratitude for having me here today. I am going to look at, as the title suggests, sea level rise and maritime delimitation in the Eastern Caribbean, and I am going to take a comparative approach as I compare it with the Pacific–South Pacific region. I am going to take it that all protocols have been observed, and, in the interest of time, I will go straight through to my presentation with the one …