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Articles 1 - 30 of 600
Full-Text Articles in Law
Let The Sun Shine: Methods For Expansion Of Small-Scale Solar Electricity To Reduce Fossil Fuel Dependence, Ease Financial Energy Burdens, And Enhance Community Resiliency, Kara Consalo
Journal Publications
With so many benefits to solar electricity generation, it behooves state and local governments across America to explore laws and policies which encourage small-scale solar deployment. To help guide development of such laws and policies, Part I of this Article will explain the mechanics and the financing involved with the installation, operation, and maintenance of an on-site solar system. Part II explores the unique benefits and challenges of small-scale solar usage in low-income and weather vulnerable communities. Part III explains the legal and financial governance of American electric companies and how existing frameworks may lead utilities to erect hurdles to …
Why I Will Not Stop Teaching Law Students To Think Critically About Race: The Attack On Teaching About The Role Of Race In Law, Leroy Pernell
Why I Will Not Stop Teaching Law Students To Think Critically About Race: The Attack On Teaching About The Role Of Race In Law, Leroy Pernell
Journal Publications
As someone who has been involved in legal education teaching for over 40 years and as someone who was drawn to legal education as an alternative to a career more directly devoted to litigation concerning racial justice, so that others might be encouraged to explore critically both what race has meant to our legal system and how we might collectively counter its negative influence, the “Stop W.O.K.E act” presents a real and present danger. Thus, in August of 2022 I agreed to be the lead named plaintiff in Pernell, et. al. v. Florida Board of Governors of the State University …
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
Journal Publications
This Article is organized chronologically, in an effort to more effectively reflect the nearly identical fact patterns, timelines, and intersecting opinions of these cases. Part I provides the factual background of both cases. Part II summarizes the substantial preliminary litigation in Grimm; Part III examines the district court ruling in Adams; Part IV analyzes the summary judgment ruling in Grimm. Part V covers Adams’ first appellate ruling; Part VI discusses the Fourth Circuit’s ruling in Grimm three weeks later, and Part VII considers the aftermath of that decision. Parts VIII and IX explore the second panel ruling in Adams and …
Bridge Or Barrier: The Intersection Of Wealth, Housing, And The Disparate Impact Standard
Bridge Or Barrier: The Intersection Of Wealth, Housing, And The Disparate Impact Standard
Florida A & M University Law Review
This note asserts that exclusionary zoning and housing based on income or economic standing can have a disparate impact on race. The disparate impact standard of the Fair Housing Act of 1968, 42, U.S.C.S § 3601 et seq., used in the Texas Department of Housing and Community Affairs v. Inclusive Communities, does not do enough to aid plaintiffs in bringing claims where there is a racial disparity in housing. Part One of this paper will discuss the Federal policies that historically contributed to the wealth gap that exists on the basis of race, the legacy of these policies, and how …
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
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
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 …
Editorial Board And Statement Of Policy
Editorial Board And Statement Of Policy
Florida A & M University Law Review
No abstract provided.
Leadership, Faculty, Instructors, And Trustees
Leadership, Faculty, Instructors, And Trustees
Florida A & M University Law Review
No abstract provided.
What To The Marginalized Person Is The American Dream
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
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
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, …
India’S Use Of Public/Private Partnerships To Promote Rapid Expansion Of Solar Electricity Facilities, Kara Consalo
India’S Use Of Public/Private Partnerships To Promote Rapid Expansion Of Solar Electricity Facilities, Kara Consalo
Journal Publications
This Article will explore the use of PPPs to encourage the flow of private capital and expertise toward development of low-carbon, low pollution, sustainable energy generation in India to achieve the country's ambitious goal of creating 175 gigawatts of renewably sourced electricity by 2022. The lessons in India's extensive use of PPPs to achieve such ambitious electricity goals should serve as a model for other governments to engage the private sector to successfully develop solar and other renewable energy projects with limited risk but with significant benefits for their citizens.
Silencio: The Hispanic/Latino Reticent Approach To Racism
Silencio: The Hispanic/Latino Reticent Approach To Racism
Florida A & M University Law Review
Many Latinos dream of coming to America in search for a better way of life but instead are faced with discrimination based on where they come from, the language they speak, and the pigmentation of their skin. Racial discrimination is one of the most ever-present issues in the United States of America today. Some look at discrimination and believe that it has been “fixed” through our political and judicial processes. However, others know that discrimination is still alive and prominent today. Today, discrimination has manifested itself differently –it is discreet and indirect but still prominent in the daily lives of …
An Essay About Privacy, Ronald Griffin
An Essay About Privacy, Ronald Griffin
Journal Publications
Jessye Norman was an American opera singer. She died on October 1, 2019. On October 2, 2019, my wife got a grim diagnosis that put me in a stupor and reminded me, now more than ever, that my generation (that did so much good in the world) stands in line waiting for the Grim Reaper’s call. In a seventy-years (that have gone by too fast) I have watched my peers run from the realms of privacy, spaces where people implemented life plans uninterrupted by neighbours that were discernible, palpable, and real to everybody, to a realm where there is none. …
What, To The Marginalized Person, Is The American Dream, Deidre Keller
What, To The Marginalized Person, Is The American Dream, Deidre Keller
Journal Publications
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 …
Vulnerable Populations: Climate Change And Extreme Weather Threats Facing Urban Communities, Kara Consalo
Vulnerable Populations: Climate Change And Extreme Weather Threats Facing Urban Communities, Kara Consalo
Journal Publications
This article explores increasing extreme weather threats facing American cities due to global climate change, including hurricanes, floods, heat waves, and wildfires. After explanation of such threats, the paper delves into case studies of the response and resiliency measures being undertaken by three preeminent coastal American cities to prepare for weather disasters: New York, Miami, and San Francisco. The paper concludes by providing guidance and recommendations for urban policymakers seeking to develop resiliency measures in the face of long-term effects and short-term emergencies created by climate and weather extremes. Such recommendations include how to initiate and fund development of climate …
Signed, Sealed, Delivered? Problems With The Use Of Signature Matching To Verify Mail Voter Identity
Signed, Sealed, Delivered? Problems With The Use Of Signature Matching To Verify Mail Voter Identity
Florida A & M University Law Review
During the 2020 election, the basic struggle to balance ballot access and election integrity played out in a more public fashion than at any time in recent memory. This begs several important questions. First, how did the American election system get to this point? The legal standards governing election law have long been debated and that uncertainty unleashed a flood of litigation in 2020. Second, why use signature matching—a practice which is methodologically unsound and steadily falling out of use—at all? The use of handwritten signatures to verify identity rather than to evidence attestation is on the decline in other …
The Robots Are Coming: Targets Of Automation And Its Effect On The Tax Economy
The Robots Are Coming: Targets Of Automation And Its Effect On The Tax Economy
Florida A & M University Law Review
Amid the global outbreak of the COVID-19 virus, a mayo clinic in Jacksonville, Florida delegated four autonomous, self-driving vehicles to aid in keeping its drivers and patients safe. The self-driving vehicles are not driven conventionally by human workers and the work designated consists of delivering COVID-19 testing kits from the testing facility to the work lab. In addition, these vehicles are able to replace repetitive work functions while allowing workers more time to focus on other important tasks, like helping to slow down the spread of the COVID-19 virus. The autonomous vehicles are visible in the Jacksonville community and are …
Video Games And The Federal Trade Commission Act: An Analysis Of The Practices Of Video Game Developers And Their Effects On Players
Florida A & M University Law Review
The purpose of this Note is to propose that the FTC exercise its broad authority under § 45 of the Federal Trade Commission Act (“FTC Act”) to address the seemingly innocuous conduct of the video game industry. To that end, this Note is divided into two sections. The first section reviews administrative and judicial opinions interpreting the history and scope of the FTC. It also notes how the Wheeler-Lea Amendment expanded the Commission’s power to include consumer protection. The second section identifies specific acts and practices used by video game developers (hereinafter “VGDs”) to demonstrate how they fall within the …
Administration, Faculty, Instructors, And Trustees
Administration, Faculty, Instructors, And Trustees
Florida A & M University Law Review
No abstract provided.
Bias And Sexism: The Racial And Gender Wage Gap Affecting Black Women
Bias And Sexism: The Racial And Gender Wage Gap Affecting Black Women
Florida A & M University Law Review
The objective of this Article is to address the racial wage gap between Black and White women and provide a solution. Part I of this Article will discuss the history of Black women and White women in the workforce. Part II will discuss the gender wage gap as it applies to Black and White women in the 21st century. Part III will discuss how Title VII of the Civil Rights Act of 1964 and the Equal Pay Act has failed to address the gender and race issues that Black women face when it comes to work wages. Part IV will …
Off-White: Al-Khazraji And Shaare Tefila's Potential To De-Essentialize Antidiscrimination Law
Off-White: Al-Khazraji And Shaare Tefila's Potential To De-Essentialize Antidiscrimination Law
Florida A & M University Law Review
The figure of the Arab Jew has historically occupied a space at the margins of Jewish life, rendered peripheral or even invisible by a lens trained on the experiences of Jews of European descent. Drawing in part from the academic lineage of Kimberl´e Kimberle Crenshaw’s theory of intersectionality, American Jews of Arab and Middle Eastern descent (“Mizrahi Jews”) are increasingly joining their Israeli counterparts and Jews of color in the United States in challenging the naturalization of Jewish whiteness in the popular imagination. In a striking parallel between this groundswell of community theorizing and legal strategy, the Supreme Court in …