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Articles 1 - 15 of 15

Full-Text Articles in Law

Reforming The Federal Regulatory Review Process, Joanne Spalding, Andres Restrepo Jan 2024

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 …


From The Great Recession To The Covid-19 Pandemic: A Financial History Of The United States 2010-2020—A Comparison Of The Government’S Response To The Two Financial Crises That Bookended The 2010 To 2020 Decade, Lissa Lamkin Broome Jan 2024

From The Great Recession To The Covid-19 Pandemic: A Financial History Of The United States 2010-2020—A Comparison Of The Government’S Response To The Two Financial Crises That Bookended The 2010 To 2020 Decade, Lissa Lamkin Broome

FIU Law Review

This article compares the government's legislative and regulatory response to each of the two financial crises that bookended the 2010-2020 decade and how the response to the COVID-19 crisis was affected by various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act enacted in 2010 in response to the 2008 financial crisis. The article concludes with six lessons we learned from these two financial crises experienced in relatively short order: act fast, act with force, act on multiple fronts, regain or retain citizens' confidence in the financial system, ensure access to liquidity, and aid those who are struggling.


Against Self-Defeating Climate Policy, Michael Buschbacher Jan 2024

Against Self-Defeating Climate Policy, Michael Buschbacher

FIU Law Review

This paper contends that the narrow Overton window on climate policy is self-defeating to the goals of many climate activists and policymakers. It gives three examples of policies that do little to address carbon emissions and are likely to fail: (1) how decarbonization policies are destroying electric grid reliability; (2) how the attempt to eliminate the internal combustion engine is leading to the “Cuba-fication” of the automotive fleet; and (3) how the focus on reducing domestic carbon emissions leads to regulatory arbitrage. The paper provides three corresponding recommendations, contending (1) that states should eliminate RTOs and ISOs in favor of …


On The Why Of Same-Sex Marriage In Cuba, Libby Adler Jan 2023

On The Why Of Same-Sex Marriage In Cuba, Libby Adler

FIU Law Review

Cuba is expected to revise its family code soon and the legal availability of marriage to a person of the same sex will be among the anticipated revisions. This essay pushes past the assumption that same-sex marriage operates as an obvious item along any nation’s progressive path, or a universally desirable and sensible legal advance, and inquires as to the why. In a country that is markedly less religious than its neighbors, has a low marriage rate accompanied by a comparatively high divorce rate, and socializes resources such as health care such that they do not depend on marital ties, …


Weaponizing Rhetoric To Legitimate Regulatory Failures, Kat Albrecht, Kaitlyn Filip Jan 2023

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 …


Transparency And The First, Mark Fenster Jan 2021

Transparency And The First, Mark Fenster

FIU Law Review

No abstract provided.


Private Law Remedies And Public Law Standards: An Awkward Statutory Intrusion Into Tort Liability Of Public Authorities, Margaret Allars Jan 2020

Private Law Remedies And Public Law Standards: An Awkward Statutory Intrusion Into Tort Liability Of Public Authorities, Margaret Allars

FIU Law Review

No abstract provided.


Come Hell And High Water: Climate Change Policy In The Age Of Trump, Brigham Daniels Jan 2018

Come Hell And High Water: Climate Change Policy In The Age Of Trump, Brigham Daniels

FIU Law Review

No abstract provided.


Protecting The Environment In An Era Of Federal Retreat: The View From New York City, Rebecca Bratspies Jan 2018

Protecting The Environment In An Era Of Federal Retreat: The View From New York City, Rebecca Bratspies

FIU Law Review

No abstract provided.


Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley Jan 2018

Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley

FIU Law Review

No abstract provided.


Climate Tort Federalism, Tracy Hester Jan 2018

Climate Tort Federalism, Tracy Hester

FIU Law Review

No abstract provided.


The Grid And The Grouse: Cooperative Federal-State Conservation Planning In The Ages Of Obama And Trump, Bret Birdsong Jan 2018

The Grid And The Grouse: Cooperative Federal-State Conservation Planning In The Ages Of Obama And Trump, Bret Birdsong

FIU Law Review

No abstract provided.


Recurso Contencioso Administrativo., Mario Díaz Cruz Jan 1932

Recurso Contencioso Administrativo., Mario Díaz Cruz

Index of Cuban Law and Jurisprudence / Indice a la Legislación y Jurisprudencia Cubana

Recurso Contencioso Administrativo, Ley, Reglamento y Ley del Procedimiento Administrativo


Derecho Administrativo, Mario Díaz Cruz Jan 1932

Derecho Administrativo, Mario Díaz Cruz

Index of Cuban Law and Jurisprudence / Indice a la Legislación y Jurisprudencia Cubana

No abstract provided.


Ley Del Servicio Civil De Cuba De Enero 18 De 1909, Cuba Jan 1909

Ley Del Servicio Civil De Cuba De Enero 18 De 1909, Cuba

Cuban Law

Han sido dos las ideas generadoras de la Ley: organizar en carrera especial, el servicio activo y permanente de la administración civil e independizar, hasta donde fuere posible, de la influencia política, la Administración. Sobre estos dos pensamientos fundamentales se desenvuelve el articulado de la Ley.