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Full-Text Articles in Law

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal's Intelligence For Determinations Of Legal Personhood, Paul J. Mclaughlin Apr 2019

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal's Intelligence For Determinations Of Legal Personhood, Paul J. Mclaughlin

Library Faculty Publications

The notion that animals could be granted rights under the law was once ridiculed, but now courts and legislatures have begun to move towards granting animals greater protections from cruelty and emotional trauma. Animal law as a course of study was not available in law schools until the early 1970's. It has since grown into a field of debate and study that has drawn in experts from around the world." The rules of law that treat animals as property have been fought by animal rights advocates as being archaic similarly to the laws that once allowed for slavery. Animal owners …


Enforcing The Right To Public Education, Areto A. Imoukuede Jan 2019

Enforcing The Right To Public Education, Areto A. Imoukuede

Journal Publications

This paper suggests that although each state within the United States currently recognizes a right to public education, the states do not provide meaningful and consistent judicial enforcement of the right. Recognizing a federal fundamental right to public education would be a step towards ensuring meaningful and consistent judicial enforcement of the right.


A Damaging Cure: Queer Youth And Conversion Therapy Jan 2019

A Damaging Cure: Queer Youth And Conversion Therapy

Florida A & M University Law Review

This article proceeds in six parts. Part I dissects the development of the conservative narrative that queerness is a contagious trait, how the gender norm perpetuates a broad rejection of homosexuality, and the concept of “cured passing” in terms of conversion therapy success stories. Part II examines the progression of the general LGBT rights movement by highlighting its historic adult-centered victories and elaborating how these victories allowed for the necessary space and momentum for the contemporary movement of state conversion therapy bans to gain traction. Part III provides the background and history of conversion therapy by exploring its medical origin …


Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health Jan 2019

Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health

Florida A & M University Law Review

This Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the …


A Life Worth Living: Fighting Filicide Against Children With Disabilities Jan 2019

A Life Worth Living: Fighting Filicide Against Children With Disabilities

Florida A & M University Law Review

This article aims to explore filicide as it relates to children with disabilities. Filicide is a specific type of killing where a parent murders his or her own child. Part II gives a historical perspective on filicide. Part II also explains the various reasons behind filicide and why those reasons specifically apply to the killings of children with disabilities. Further, Part III explores the relationship between sentencing disparities in cases where society sympathizes with the parents of children with disabilities and condemns parents of nondisabled children. Part III also argues that children with disabilities face additional barriers in the fight …


The Virgil Darnell Hawkins Collection: A Special Collection At The Heart Of An Hbcu Law School, Yolanda P. Jones Jan 2019

The Virgil Darnell Hawkins Collection: A Special Collection At The Heart Of An Hbcu Law School, Yolanda P. Jones

Library Faculty Publications

The Florida A&M University College of Law has several special collections, but the most significant of those special collections is one that is on the fourth floor of the law library. When you look at it you will see several ranges of books that are outdated. They include case reporters, statutes, secondary sources and other legal materials that are no older than the 1960s. This collection, frozen in time, is named in honor of Virgil Darnell Hawkins, an African-American who, while little known, was critical to the creation of the Florida A&M University College of Law and had an impact …


Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public's Health, Paul J. Mclaughlin Jan 2019

Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public's Health, Paul J. Mclaughlin

Library Faculty Publications

On the issue of prophylactic treatment of reproductive diseases, the sexes have historically been treated differently under medical ethics guidelines and the laws of the United States. Women have drawn the focus of medical and legal scrutiny on issues of prophylactic reproductive health. Women were often required to undergo quarantine and forced to recieve treatment for reproductive diseases considered dangerous to public health. Women are now afforded protections against involuntary prophylactic procedures to prevent diseases in reproductive organs. Specifically, women are provided access to vaccinations against the human papillomavirus at a higher rate than males despite the disease's ability to …


Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard Jan 2019

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

Journal Publications

Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should reside. …


The Female Body In The Workplace: Judges And The Common Law, Maritza I. Reyes Jan 2019

The Female Body In The Workplace: Judges And The Common Law, Maritza I. Reyes

Journal Publications

If the common law serves to liberate women, everybody, including judges, should understand the role they do play and should play in the development of the common law. As a career law clerk in the federal courts, I witnessed the decision-making process inside the chambers of federal judges and in the courtrooms. I came to the conclusion that judges, more than statutory law, influence what happens to female bodies in the workplace. Litigants initially drive the common law by filing complaints. However, judicial decisions affect not only the litigants in their individual cases, they also serve as precedent for future …


The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page Jan 2019

The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page

Journal Publications

Commercial sexual exploitation discriminates even among those that fall prey to this heinous criminal enterprise. It is impossible to comprehensively discuss this topic without addressing the fact that the majority of victims are female, females of color, traditionally are from a lower economic status, tend to not have as many educational opportunities, have experienced some form of abuse and trauma, have been a part of the foster care system, and have other vulnerabilities that make them even more susceptible to being trafficked. This discussion would be incomplete without also addressing how trafficking is connected to race and racial discrimination, poverty, …