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Nova Southeastern University

2014

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Articles 1 - 30 of 60

Full-Text Articles in Law

Nova Law Review-Volume 39-2014-2015, Kyle S. Roberts, William F. Mueller, Elen C. Gantner, Allison L. Cucinotta Oct 2014

Nova Law Review-Volume 39-2014-2015, Kyle S. Roberts, William F. Mueller, Elen C. Gantner, Allison L. Cucinotta

Law Review Mastheads

No abstract provided.


Ilsa Journal Of International And Comparative Law-Volume 20-2014-2015, Ronald Ryan Smith, Casey Noto, Stefanie Salomon, Sandra Bahamonde, Mauricio Vaca, Stephanie Chocron, Andrew Friednash, Shai Ozery, Matt Hinds, Jordan Dulcie, Matthew Gotlieb, Antonio Nieves-Meza, Nadine Foehl, Gabriela Perez-Dumios, Christina Zanakos, James Smith Oct 2014

Ilsa Journal Of International And Comparative Law-Volume 20-2014-2015, Ronald Ryan Smith, Casey Noto, Stefanie Salomon, Sandra Bahamonde, Mauricio Vaca, Stephanie Chocron, Andrew Friednash, Shai Ozery, Matt Hinds, Jordan Dulcie, Matthew Gotlieb, Antonio Nieves-Meza, Nadine Foehl, Gabriela Perez-Dumios, Christina Zanakos, James Smith

ILSA Journal Mastheads

No abstract provided.


13th Annual Undergraduate Student Symposium, Farquhar Honors College Apr 2014

13th Annual Undergraduate Student Symposium, Farquhar Honors College

Undergraduate Student Symposium

The Undergraduate Student Symposium, sponsored by the Farquhar College of Arts and Sciences, presents student projects through presentations, papers, and poster displays. The event serves as a “showcase” demonstrating the outstanding scholarship of undergraduate students at NSU. The Symposium is open to undergraduate students from all disciplines. Projects cover areas of student scholarship ranging from the experimental and the applied to the computational, theoretical, artistic, and literary. They are taken from class assignments as well as from independent projects. The projects do not have to be complete; presentations can represent any stage in the concept’s evolution, from proposal and literature …


The Edward Bliss Emerson Journal Project: Qualitative Research By A Non-Hierarchical Team, José G. Rigau-Pérez, Silvia E. Rabionet, Annette B. Ramírez De Arellano, Wilfredo A. Géigel, Alma Simounet, Raúl Mayo-Santana Apr 2014

The Edward Bliss Emerson Journal Project: Qualitative Research By A Non-Hierarchical Team, José G. Rigau-Pérez, Silvia E. Rabionet, Annette B. Ramírez De Arellano, Wilfredo A. Géigel, Alma Simounet, Raúl Mayo-Santana

The Qualitative Report Books

Edward Bliss Emerson (1805-1834), a younger brother of the renowned essayist and poet Ralph Waldo Emerson, lived in the Caribbean for the final three years of his life. His journal and letters are a rich manuscript source for the history of the Danish Virgin Islands (1831-1832) and Puerto Rico (1831-1834). The texts also reflect the contemporary political and cultural situation in the United States, and Edward's search for health, economic independence, intellectual stimulation and metaphysical fulfillment.

These writings ignited an intellectual passion in José G. Rigau-Pérez, a physician, medical epidemiologist, and historian in Puerto Rico. Furthering access to these unique …


Postadjudicatory Juvenile Defense Attorneys: More Thoughts On Reimaging Juvenile Justice, Megan F. Chaney Apr 2014

Postadjudicatory Juvenile Defense Attorneys: More Thoughts On Reimaging Juvenile Justice, Megan F. Chaney

Faculty Scholarship

No abstract provided.


Education Rights And The New Due Process, Areto A. Imoukhuede Jan 2014

Education Rights And The New Due Process, Areto A. Imoukhuede

Faculty Scholarship

This Article argues for a human dignity-based, due process clause analysis to recognize the fundamental duty of government to provide high quality, public education. Access to public education is a fundamental duty, or positive fundamental right because education is a basic human need and a constituent part of all democratic rights.


A Primer On The Use Of Dangerous Trial Exhibits, Robert M. Jarvis Jan 2014

A Primer On The Use Of Dangerous Trial Exhibits, Robert M. Jarvis

Faculty Scholarship

It sometimes is necessary at trial to introduce a dangerous exhibit-such as a bomb, gun, or knife-to bolster a client's story, discredit an opposing witness, or give the jury a clearer picture of the underlying events. Doing so, however, requires care and planning. Not only do many courts have specific rules regarding how such exhibits are to be noticed, handled, and displayed, but there are also numerous practical and tactical considerations that must be weighed. In this Article, the author presents the first comprehensive discussion regarding dangerous trial exhibits and offers suggestions for their successful use.


The Law School Admiralty Exam, Robert M. Jarvis Jan 2014

The Law School Admiralty Exam, Robert M. Jarvis

Faculty Scholarship

No abstract provided.


To Promote The Progress: Incentives, Exclusives, And Values To Build A More Perfect Creative Culture, Jon M. Garon Jan 2014

To Promote The Progress: Incentives, Exclusives, And Values To Build A More Perfect Creative Culture, Jon M. Garon

Faculty Scholarship

No abstract provided.


Reasonable Accommodations On The Bar Exam: Leveling The Playing Field Or Providing An Unfair Advantage?, Amanda M. Foster Jan 2014

Reasonable Accommodations On The Bar Exam: Leveling The Playing Field Or Providing An Unfair Advantage?, Amanda M. Foster

Faculty Scholarship

If you ask law students what they think about examination accommodations provided to students with disabilities, including learning disabilities, most students will tell you that it is unfair that some students get more time to take an examination. The misconception that accommodations provide an unfair advantage may stem from the fact that not all students understand the Americans with Disabilities Act ("ADA"), its purpose, and the reasons why individuals receive such accommodations. In fact, the ADA has applications beyond the employment context. Specifically, the ADA ensures that students with disabilities who graduate "from medical school, law school, and other professional …


Limited Scope Not Limited Competence: Skills Needed To Provide Increased Access To Justice Through Unbundled Legal Services In Domestic-Relations Matters, Michele Struffolino Jan 2014

Limited Scope Not Limited Competence: Skills Needed To Provide Increased Access To Justice Through Unbundled Legal Services In Domestic-Relations Matters, Michele Struffolino

Faculty Scholarship

No abstract provided.


Beg, Borrow, Or Steal: Ten Lessons Law Schools Can Learn From Other Educational Programs In Evaluating Their Curriculums, Debra Curtis Jan 2014

Beg, Borrow, Or Steal: Ten Lessons Law Schools Can Learn From Other Educational Programs In Evaluating Their Curriculums, Debra Curtis

Faculty Scholarship

INDISPUTABLY, LAW SCHOOLS are under attack.' Because of concerns about the legal field and legal education's responsibility in the crisis of new graduates without jobs, law schools are clamoring to respond by seeking and working toward curriculum change. Generally, higher education institutions acknowledge a "responsibility to endeavour to prepare graduates who are able to manage and respond effectively to change and its inherent demands challenges and tensions." However, there are questions about law schools' ability to do just that. There have been many years of repeated criticisms of the case method and active discussions regarding curriculum reform.


Procedural Due Process: The Distinctions Between America And Abroad, Ronald Smith Jan 2014

Procedural Due Process: The Distinctions Between America And Abroad, Ronald Smith

Faculty Scholarship

This paper was written in an effort to highlight the guarantees of procedural due process that America provides to its own citizens, as well as those that are of international citizenship. In so doing, American Due Process Jurisprudence is compared to the minimum standards that the United Nations stipulates via the United Declaration on Human Rights. Also included is an accounting of actual due process deprivations that have been inflicted upon persons that should have been entitled to nothing less than the utmost of legal protections whilst visiting a country, and although the arresting country promised to abide by the …


Barking Dogs: Code Enforcement Is All Barkand No Bite (Unless The Inspectors Have Assult Rifles), Marilyn Uzdavines Jan 2014

Barking Dogs: Code Enforcement Is All Barkand No Bite (Unless The Inspectors Have Assult Rifles), Marilyn Uzdavines

Faculty Scholarship

In Detroit, Michigan, in 2014, 1 broken windows, a roof caving in, and a yard that had not been maintained for years is the view for its residents in a blighted and unstable neighborhood. Code enforcement inspectors are nowhereto be found. The local code enforcement department lacks the resources, manpower, and strategic plan to deal with blight on a massive scale


Over There: Teaching International And Comparative Law At West Point, Robert J. Goldstein Jan 2014

Over There: Teaching International And Comparative Law At West Point, Robert J. Goldstein

ILSA Journal of International & Comparative Law

The 2013 International Law Weekend panel discussion, "Teaching International Law Outside Law Schools," was considered by many present to be a novel reflection on the challenges of transplanting a law school-level course in international law to non-law students.


International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan Jan 2014

International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan

ILSA Journal of International & Comparative Law

I am very grateful for the opportunity to address this audience at International Law Weekend 2013.


Recent Developments In European Union Crisis Management Operations, Gilles Marhic Jan 2014

Recent Developments In European Union Crisis Management Operations, Gilles Marhic

ILSA Journal of International & Comparative Law

The European Union (EU) has the possibility to plan, establish, and launch crisis management operations on the basis of Articles 42(4) and 43(2) of the Treaty on European Union (TEU).'


Conflict Minerals And International Business: United States And International Responses, Ved P. Nanda Jan 2014

Conflict Minerals And International Business: United States And International Responses, Ved P. Nanda

ILSA Journal of International & Comparative Law

A recent headline read, "Blood on Your Handset: Is your Cellphone Made with Conflict Minerals Mined in the Congo?


Accelerated Formation Of Customary International Law, Michael P. Scharf Jan 2014

Accelerated Formation Of Customary International Law, Michael P. Scharf

ILSA Journal of International & Comparative Law

By tradition, jurists, statesmen, and scholars have looked exclusively to two factors to divine whether an emergent rule has attained customary international law status: 1) widespread State practice and 2) manifestations of a conviction that the practice is required by international law.


Settlement Of Maritime Delimitation Disputes Within Complex Geographical Settings, Teoman Uykur Jan 2014

Settlement Of Maritime Delimitation Disputes Within Complex Geographical Settings, Teoman Uykur

ILSA Journal of International & Comparative Law

The topic of this Panel is a relevant issue, which is continually a subject of growing interest in the international community.


Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio Jan 2014

Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio

ILSA Journal of International & Comparative Law

Grotian Moment is a term that signifies a "paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance."'


Electronic Mass Procurement By Means Of "Web Technology": Basic Options In Its Regulation, Barral Vinals Jan 2014

Electronic Mass Procurement By Means Of "Web Technology": Basic Options In Its Regulation, Barral Vinals

ILSA Journal of International & Comparative Law

Today, the acquisition of goods and services through the Internet is frequent, just like the use of the most varied information services on the net.


Boko Haram Terrorism: Reaching Across International Boundaries To Aid Nigeria In The Humanitarian Crisis, Lynn L. Taylor Jan 2014

Boko Haram Terrorism: Reaching Across International Boundaries To Aid Nigeria In The Humanitarian Crisis, Lynn L. Taylor

ILSA Journal of International & Comparative Law

Every day parents around the world send their children to school with the expectation their children's lives will be improved by the education they receive.


Catalonia: The New European State?, Garcia Barcia Jan 2014

Catalonia: The New European State?, Garcia Barcia

ILSA Journal of International & Comparative Law

On September 11, 2012, a sea of Catalonians, 1.5 million according to the Urban Guard and 600,000 according to the Government Delegation, protested under the slogan: "Catalonia, new European State."'


Surveillance And Law Enforcement: Tools In The Fight Against Terror In A Comparative Study Of The United States And Pakistan, Waris Husain Jan 2014

Surveillance And Law Enforcement: Tools In The Fight Against Terror In A Comparative Study Of The United States And Pakistan, Waris Husain

ILSA Journal of International & Comparative Law

In the aftermath of September 11, 2001 (9/11), nations around the world began adopting emergency measures that emphasized national security but infringed on the rights guaranteed to citizens through their respective domestic constitutions and international law.


The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey Jan 2014

The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey

ILSA Journal of International & Comparative Law

"We do not negotiate with terrorists." On May 31, 2014, Sergeant Bowe Bergdahl, the only American prisoner of war (POW), was released by his captors after five years of captivity.


Unraveling Icsid's Denunciation: Understanding The Interaction Between Articles 71 And 72 Of The Icsid Convention, J. Tejera Jan 2014

Unraveling Icsid's Denunciation: Understanding The Interaction Between Articles 71 And 72 Of The Icsid Convention, J. Tejera

ILSA Journal of International & Comparative Law

Before any Contracting State denounced the International Centre for Settlement of Investment Disputes Convention (ICSID Convention),' very few academics and commentators bothered interpreting the meaning of its provisions dealing with potential denunciations or, more importantly, the effectiveness of withdrawing from the ICSID Convention.


International Court Of Justice, The State Of Amalea, The Republic Of Ritania Jan 2014

International Court Of Justice, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

On behalf of Amalea ("the Applicant") and the Republic of Ritania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning Certain Activities within the Malachi Gap, signed in The Hague, The Netherlands, on the seventeenth day of September in the year two thousand thirteen.


A Comparative Analysis Of The Reformation Of American And Argentinian Media Laws And The Public Policies Behind Such Changes, M. Villaraos Jan 2014

A Comparative Analysis Of The Reformation Of American And Argentinian Media Laws And The Public Policies Behind Such Changes, M. Villaraos

ILSA Journal of International & Comparative Law

Ever since Janet Jackson experienced a wardrobe malfunction at the 2004 Super Bowl Halftime Show-exposing her breast for half a second to nearly one hundred and forty million viewers, seven million of which were children-the Federal Communications Commission's (FCC) goal has been to prevent such moral disasters from reaching the eyes of the young American public.


Los Contratos Electronicos En Masa Mediante "Tecnolgia Web": Opciones Basicas En Su Regulacion, Barral Vinals Jan 2014

Los Contratos Electronicos En Masa Mediante "Tecnolgia Web": Opciones Basicas En Su Regulacion, Barral Vinals

ILSA Journal of International & Comparative Law

Hoy en dia es frecuente la adquisici6n de bienes y servicios a trav6s de Internet, asi como el uso de servicios de informaci6n de lo mis variado en la red.