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Articles 1 - 8 of 8
Full-Text Articles in Legislation
Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis, Taleed El-Sabawi
Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis, Taleed El-Sabawi
Faculty Publications
Despite the growing support for the idea that problem drug use should be treated like a chronic medical disease, some law enforcement interest groups, including trial court judges associations, prosecuting attorneys associations, and police associations (“law enforcement groups” or “criminal justice actors”), continue to argue for the use of the criminal justice system to address the nation’s drug crises. The justification for the use of the criminal justice system to oversee the psychological and medical treatment of persons with substance use disorders (SUDs) is based on the belief that persons with SUDs are deviants, who cannot refrain from engaging in …
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 United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa
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 …
“I’M Not Quite Dead Yet!”: Rethinking Anti-Lapse Redistribution Of A Dead Beneficiary’S Gift, Eloisa Rodriguez-Dod
“I’M Not Quite Dead Yet!”: Rethinking Anti-Lapse Redistribution Of A Dead Beneficiary’S Gift, Eloisa Rodriguez-Dod
Faculty Publications
Anti-lapse statutes create a category of substitute takers when a beneficiary prematurely dies. They are based on the legislature’s presumption of how a testator or settlor would want his property distributed in these circumstances. However, a testator’s or settlor’s intent may effectively be frustrated by this presumed intent.
This Article critically examines the tension between an individual’s autonomy and societal goals in the context of anti-lapse statutes applicable to wills and trusts. It scrutinizes the current rules of construction regarding anti-lapse statutes and identifies their deficiencies in their application to wills and trusts. This Article analyzes and identifies the deficiencies …
Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod
Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod
Faculty Publications
This article discusses existing and proposed federal and state law affecting tenants’ rights in foreclosure. As “Foreclosure” signs rapidly join “For Sale” signs across the country, the national foreclosure crisis has not only displaced homeowners, but a plethora of renters as well. The approach taken by states concerning tenants affected by foreclosure varies greatly. Furthermore, a recently enacted Federal law, created specifically to help tenants in foreclosure, does not relieve the uncertainty in resolving this issue. In addition to being the first to critique the new federal law, this article offers recommendations for legislation that may better protect tenants from …
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Faculty Publications
One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute.
The author gives a brief history of …
Structural Principles And Presidential Succession, Howard M. Wasserman
Structural Principles And Presidential Succession, Howard M. Wasserman
Faculty Publications
No abstract provided.
Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod
Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod
Faculty Publications
This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.