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Filling The Gap: The Case For Driver's Licenses As A Lifeline To Opportunity For Undocumented Immigrants Where The Federal Government Fails To Act On Comprehensive Immigration Reform, David Peraza
FIU Law Review
The federal government has repeatedly failed at passing comprehensive immigration reform, which would provide basic benefits to the undocumented population in the U.S, including driver’s licenses. Various states have made attempts to provide undocumented immigrants with driver’s licenses. This work address the benefits and drawbacks of these policies and ultimately posits that holdout states should enact policies to provide driver’s licenses to undocumented immigrants in the face of the federal government’s inaction.
Volo Foundation Lecture: Science, Free Speech, And Public Choice, Bret Stephens
Volo Foundation Lecture: Science, Free Speech, And Public Choice, Bret Stephens
FIU Law Review
In an era where science, free speech, and public choice clash, the historical unity between these pillars, as envisioned by America's founding fathers, is obscured. Examining Thomas Jefferson's reverence for Bacon, Locke, and Newton, reveals a past where reason and freedom intertwined. However, contemporary challenges, epitomized by the pandemic response, illustrate a divergence. Amidst censorship and expert dominance, the vital role of public scrutiny emerges. Acknowledging the fallibility of experts and embracing free speech as essential for reasoned discourse becomes imperative. To restore the balance, humility from scientific institutions, a renewed appreciation for free speech, and public courage are necessary …
Reforming The Federal Regulatory Review Process, Joanne Spalding, Andres Restrepo
Reforming The Federal Regulatory Review Process, Joanne Spalding, Andres Restrepo
FIU Law Review
For decades, the Office of Information and Regulatory Affairs (OIRA) has overseen the development of federal regulatory policies with a strong emphasis on benefit-cost analysis. Despite its conceptual appeal, this analytic tool consistently shortchanges environmental and public health protection, with especially negative consequences for environmental justice communities. In this article, we address some of those shortcomings, focusing in particular on the standard agency practice of arithmetically discounting regulatory costs and benefits that accrue in the future. We propose that the OIRA abandon this practice as it relates to non-market goods, such as human lives saved, and instead work toward a …
Rational Investing Or Speculative Fever?: Spacs, Robinhood, And Digital Assets—Securities Markets Or Casinos?, Thomas Lee Hazen
Rational Investing Or Speculative Fever?: Spacs, Robinhood, And Digital Assets—Securities Markets Or Casinos?, Thomas Lee Hazen
FIU Law Review
This article focuses a recurring theme – speculation in the financial markets. The 2010-2020 decade set the stage for a new round of speculative activity starting in 2021. In the article that follows I reflect on a new wave of speculation and three current examples of speculative activity. The article concludes that regulators should be cautious about over-regulation of SPACs and gamified trading. The article also supports the regulation of digital assets (crypto currencies and NFTs) as securities.
Defining The Relationship Between Municipal Bankruptcy And Modern Federalism Jurisprudence, John Allen Livingston
Defining The Relationship Between Municipal Bankruptcy And Modern Federalism Jurisprudence, John Allen Livingston
FIU Law Review
This article delves into the relationship between municipal bankruptcy law and modern federalism jurisprudence, particularly focusing on Chapter 9 reform proposals and its constitutional implications. Against the backdrop of the COVID-19 pandemic's economic challenges, the article explores the historical context of municipal bankruptcy, critiques of Chapter 9's limitations, and proposals for empowering bankruptcy courts. It analyzes key doctrines of federalism such as the Anti-Commandeering and Anti-Coercion Doctrines, as well as the Clear Statement Rule, to evaluate the constitutionality of expanding bankruptcy courts' powers. The article navigates through scholarly debates, proposing a nuanced perspective on the role of federalism, state sovereignty, …
Weaponizing Rhetoric To Legitimate Regulatory Failures, Kat Albrecht, Kaitlyn Filip
Weaponizing Rhetoric To Legitimate Regulatory Failures, Kat Albrecht, Kaitlyn Filip
FIU Law Review
Pyramid schemes are illegal. According to the courts, they are fraudulent because they must eventually collapse, disappointing or exploiting the members at the bottom. This illegality, largely governed by the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC), is narrowly construed to encompass only very specific instances of activity. In particular, we argue that the specificity of the law allows multi-level marketing companies (MLMs) to argue that they are ‘not a pyramid scheme’ both legally and societally in order to obfuscate exploitative conditions within the company. We take LuLaRoe as a case study of the ways in …
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman
FIU Law Review
Homeschooling was rapidly growing in the U.S. even before COVID-19. The pandemic accelerated this growth by quickly exposing nearly every American family to homeschooling in some form. The pandemic has ushered in a new age of homeschooling characterized by flexibility, technology, collaboration, and alternative forms of schooling beyond the traditional parent-teaching-child framework. Although the Supreme Court has never recognized a fundamental right of parents to homeschool their children, it has repeatedly recognized that parents have the right to direct their children’s education and to choose to educate them in the way they deem fit. There is debate as to what …
Feminist Legal Theory And Stone’S Panes Of The Glass Ceiling, Rona Kaufman
Feminist Legal Theory And Stone’S Panes Of The Glass Ceiling, Rona Kaufman
FIU Law Review
This comprehensive analysis, divided into three parts, navigates the intricate tapestry of discrimination against women in the American workplace. Part I elucidates the historical and theoretical foundations, spanning feminist theory evolution, the modern women's movement, and the trajectory of women's labor force participation. In Part II, the discussion delves into the critical insights of Professor Kerri Stone's groundbreaking work, "Panes of the Glass Ceiling," connecting each identified glass pane to feminist theory. Part III introduces a novel perspective by appending a 10th pane to the glass ceiling: Patriarchal Violence. This addition underscores the pervasive impact of gender-based violence on women's …
Beyond The Glass Ceiling: Panes Of Equity Partnership, Rachel Arnow-Richman
Beyond The Glass Ceiling: Panes Of Equity Partnership, Rachel Arnow-Richman
FIU Law Review
This Article, prepared for a “micro-symposium” on Professor Kerri Stone’s monograph Panes of the Glass Ceiling (2022), explores the partnership pay gap in large law firms and the role of high-profile litigation in facilitating pay equity. There is a rich literature and extensive data on the gender attainment gap in elite law firms, particularly with regard to women’s attrition from practice and poor representation within the partnership ranks. Less attention has been paid to the way in which the exceptional women who achieve equity partner status continue to lag behind their male peers. This Article explores “Women v. BigLaw,” a …
Antidiscrimination Efforts And The Repressive Weight Of Culture, Matthew T. Bodie
Antidiscrimination Efforts And The Repressive Weight Of Culture, Matthew T. Bodie
FIU Law Review
ChatGPT In "Very Important People: Status and Beauty in the Global Party Circuit," sociologist Ashley Mears unveils the opulent world of the ultra-rich party scene, where young women, primarily models, serve as ornamental capital to enhance social status. Drawing parallels, Kerri Lynn Stone's "Panes of the Glass Ceiling" exposes enduring systemic barriers to gender equality, particularly in male-dominated professions, despite anti-discrimination laws. Stone emphasizes cultural norms and expectations perpetuating male privilege, challenging the efficacy of existing legal frameworks. Proposing a shift from anti-classification to an anti-subordination principle, Stone advocates for direct interventions, citing legislative efforts targeting pay inequality and mandating …
The Waiting Game: Who Benefits From Recovered Assets Associated With Venezuelan State Corruption? Remission As A Solution, Alejandro Rodriguez Vanzetti
The Waiting Game: Who Benefits From Recovered Assets Associated With Venezuelan State Corruption? Remission As A Solution, Alejandro Rodriguez Vanzetti
FIU Law Review
The Bolivarian Republic of Venezuela (“Venezuela”) has, and continues to undergo, significant political and economic challenges stemming from government corruption. In response, the United States government has seized assets of current or former Venezuelan state officials associated with criminal wrongdoing, imposed sanctions on Nicolas Maduro’s government, and proposed legislation to combat corruption. The Department of Justice (“DOJ”) has led dozens of prosecutions against those responsible for these crimes through its use of asset forfeiture, a critical tool in the recovery of illicit proceeds. An estimated $300 billion of these assets are held in South Florida alone, with $1.5 billion identified …
Four Basic Postulates Concerning Women And Workplace Bullying In The United States, David C. Yamada
Four Basic Postulates Concerning Women And Workplace Bullying In The United States, David C. Yamada
FIU Law Review
Responding to Kerri Lynn Stone's "Panes of the Glass Ceiling," this article delves into the pervasive issue of workplace bullying and its nuanced impact on women in professional settings. Stone's book identifies distinct "panes" of gender bias hindering women's progress, with a focus on workplace bullying as a major sub-theme. The essay proposes four postulates, drawing on national surveys by the Workplace Bullying Institute and articles from the author's professional blog, Minding the Workplace. Emphasizing the disproportionate targeting of women, the role of male perpetrators, complexities surrounding female perpetrators, and the potential of anti-bullying laws, the essay contributes to understanding …
Cuba's Energy Future: Options Based On Renewables And Non-Carbon-Based Sources, Colin Crawford
Cuba's Energy Future: Options Based On Renewables And Non-Carbon-Based Sources, Colin Crawford
FIU Law Review
My intention is to research and write on article on Cuba's energy future. Specifically, I plan to consider the options for a sustainable energy future using renewable energy sources and not carbon-dependent sources. This analysis will require both an examination of the island's historical energy challenges as well as consideration of the options for developing a sustainable energy infrastructure with international governmental (e.g. UN, World Bank etc.) and regional governmental (e.g. EU) support- an analysis that will also require consideration of the island nation's socialist political system and its willingness to engage internationally. The topic is one, clearly, with implications …
Transition-Denial And Structural Adjustment: Causation And Culpability In The Cuban Economy, José Gabilondo
Transition-Denial And Structural Adjustment: Causation And Culpability In The Cuban Economy, José Gabilondo
FIU Law Review
In 2020, Cuba implemented the Tarea Ordenamiento (Tarea), the most significant economic reform since the construction of the socialist economy after the Revolution. Signaling an eclectic brand of Cuban socialism, the Tarea clears away three decades of tried and failed economic doctrines, drawing a new fiscal border around state enterprises, nodding to market realities, and preparing the island for greater insertion into the world economy. While the political economy of post-Castro Cuba has changed in this way, the United States continues to subject the island to an unprecedented program of unilateral sanctions, universally condemned as a breach of human rights, …
Baby Steps: Why The Florida Supreme Court’S New Parental Leave Continuance Rule Reinvigorates The Fmla’S Underlying Gender Equity Goals Within The Legal Profession And Why More States Should Follow Suit, Katie B. Miesner
FIU Law Review
Although women are enrolling in law school and joining the legal profession in significant numbers, law firms are struggling to retain female lawyers. This poses a significant challenge to achieving gender equity at the highest levels of the legal profession, prompting several important questions: Why are women leaving the profession early; what policies or changes should be implemented to address this problem; and who is best suited to lead these efforts? One of the main reasons women leave the profession early is due to their disproportionate caregiving responsibilities. In response, both public and private measures have been introduced to address …
The External Sector Of Cuba’S Economy: Performance And Challenges, Paolo Spadoni
The External Sector Of Cuba’S Economy: Performance And Challenges, Paolo Spadoni
FIU Law Review
Amid ongoing economic reforms, Cuba faces its most severe crisis since the 1990s Soviet Union collapse. Transitioning into a service-oriented economy, it grapples with inefficiencies, a feeble production base, and a struggling external sector. Traditionally reliant on sugar, Cuba now depends on international tourism and professional services for hard currency. However, these lack domestic production ties, limiting economic impact. Systemic constraints, a trade deficit, and dependence on imports compound challenges. Fading Venezuelan support, U.S. sanctions, the COVID-19 pandemic, and geopolitical events exacerbate economic woes. This study delves into GDP growth, trade, financial struggles, and external factors, highlighting critical hurdles impeding …
Contemporary Crises In Cuba: Economic, Political, And Social, Silvia Pedraza, Carlos Romero
Contemporary Crises In Cuba: Economic, Political, And Social, Silvia Pedraza, Carlos Romero
FIU Law Review
In this paper my co-author and I will present the various crises that are taking place in Cuba at present: economic, political, and cultural. We rely on published data, such as the GDP, as well as materials from in-depth interviews and participant observation.
Third Annual Report To The Editor-In-Chief, Thomas E. Baker
Third Annual Report To The Editor-In-Chief, Thomas E. Baker
FIU Law Review
This the third annual report of the results of the constitutional law haiku contest conducted in my section of Constitutional Law at the FIU College of Law.
Stereotypes, Sexism, And Superhuman Faculty, Teneille R. Brown
Stereotypes, Sexism, And Superhuman Faculty, Teneille R. Brown
FIU Law Review
This symposium article explores how law professors with caretaking responsibilities struggled so greatly during the first year of the COVID-19 pandemic. Because legal academia prioritizes masculine ideals of competence over warmth, faculty were expected to suppress their emotions and mental health needs in order to maintain the appearance of competence. While students were allowed to be seen as vulnerable individuals needing accommodations, we did not extend this same compassion to our faculty colleagues. To explain why the treatment was so disparate, I incorporated existing research on the stereotype content model (SCM) and psychological theories of dehumanization. These theories help to …
Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid R. Ekbia
Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid R. Ekbia
FIU Law Review
The COVID-19 pandemic led to unprecedented closures of national borders and the withdrawal of much of the social and cultural activities of society into the walls of the home. For us, educators focused on global engagement and analyzing international law and society, the abrupt retreat into the shelter of domestic walls disrupted the very subjects we were studying—inside and outside the classroom. In the pandemic’s first wave, most study abroad and international experiential programs were cancelled indefinitely, and the programs that continued had to operate in an environment of social distancing and uncertainty. We were forced to scramble to accommodate …
The Foundational Care Crisis, Stephanie M. H. Moore
The Foundational Care Crisis, Stephanie M. H. Moore
FIU Law Review
This article examines the care crisis as the systemic issue that it is—starting from my personal story—because my story is the story of many women—and many caregivers. Teaching business law and ethics to undergraduates, I often encounter a primary question: what is the role of social issues in a business course? Sometimes students struggle with this initial hurdle of understanding why we study diversity, equity, inclusion, and justice in the workplace. Why—for example—would we focus on lack of family leave as a primary barrier a successful business. The second question is—of course—what can we do? Social and societal issues are …
Everything I Know About Teaching Was Reinforced By Auditing Remote Kindergarten, Allie Robbins
Everything I Know About Teaching Was Reinforced By Auditing Remote Kindergarten, Allie Robbins
FIU Law Review
As a tenure-track faculty member, I am always focused on the trifecta of tenure—scholarship, service, and teaching. The pressure to publish and present is constant and unending. Service requires countless hours in committee meetings and doing the work of faculty governance. Being a faculty member focused on academic and bar support requires spending a significant amount of time meeting one-on-one with students and providing written feedback. Due to the COVID-19 pandemic, several new stressors were also added to this already-overwhelming workload –a constantly changing and elongated bar prep period, the need to create new asynchronous class components and assessments for …
Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando
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.
It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia
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.
Put More Women In Charge And Other Leadership Lessons From Covid-19, Peter H. Huang
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
Who Benefits From Leaving The “Bad” School?, Annabelle V. González
FIU Law Review
No abstract provided.
Who Bears The Greatest Responsibility For International Crimes?, Margaret M. Deguzman
Who Bears The Greatest Responsibility For International Crimes?, Margaret M. Deguzman
FIU Law Review
No abstract provided.
The Supreme Court’S Un-Americanism Pendulum, Nicholas L. Georgakopoulos
The Supreme Court’S Un-Americanism Pendulum, Nicholas L. Georgakopoulos
FIU Law Review
No abstract provided.
A Legal Legacy That Opens The Way To Justice In Challenging Places And Times, Stephen J. Rapp
A Legal Legacy That Opens The Way To Justice In Challenging Places And Times, Stephen J. Rapp
FIU Law Review
No abstract provided.