Law Commons^™

Editor's Note

Florida A & M University Law Review

No abstract provided.

Table Of Contents

Florida A & M University Law Review

No abstract provided.

Winning The Battle But Losing The War: Towards A More Consistent Approach To Prevailing Party Fee Shifting In The Contractural Context, John R. Schleppenback

Florida A & M University Law Review

As a general matter, history has not been very kind to losers. In the turmoil of the Middle Ages, loss on the battlefield could also mean the looting of one's property, the sacking of one's home, and potentially even the assault of one's spouse. The nineteenth century was the era of "to the victors belong the spoils," meaning that an electoral win allowed the prevailing political party a complete monopoly on political appointments and government contracts to the exclusion of the loyal opposition. Even today, professional athletes would sooner face anonymity than defeat on the playing field, living by the …

A Historical Account Of The Internationalization Of Invest Disputes: What The Global South Should Know When Negotiating Bilateral Investment Treaties, Felix O. Okpe

Florida A & M University Law Review

Under international law, and perhaps in the context of the ICSID Convention, it is fair to state that; the potential for investment disputes is more likely with respect to foreign investments hosted in the global south. In most situations when investment disputes arise, foreign investors often allege that an act that includes regulatory initiatives of the host state or an omission attributable to the host state, has occasioned a violation of applicable investment agreement. Sometimes the basis for the alleged breach results from underlying contractual claims by the foreign investor. Thus, investment claims have created the intellectual foundation for a …

Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House

Florida A & M University Law Review

This paper will discuss the rise of the transgender civil rights movement, the problems in the judicial system, and the rights that should be afforded to transgender women. In part one, I will address the LGBTQA civil rights movement led by transgender women. In part two, I will address the transphobia in the prison system. In part three, I will address the lack of visibility of black transgender issues in the current black civil rights movement. In the fourth part, I will address whether there should be certain fundamental rights given to transgender women. In the fifth part of this …

Should Regulatory Compliance Be A Goal Or A Constraint For Health Care Companies? Finding Effective Methods To Assure Compliance With The Federal Anti-Kickback Statute And The False Claims Act, Roni A. Elias

Florida A & M University Law Review

The stereotypical conception of compliance is reinforced by some of the fundamental assumptions about what the primary objectives of a corporation should be and about how a corporation should accomplish those objectives. According to the prevailing theory of corporate structure, a corporation exists for the sole purpose of earning profits for its shareholders, and all of its actions are to be directed toward that end. If compliance with the law is not an inherently profit making activity, it is to be treated as a constraint on the corporation's efficient operation. According to this view, compliance will generally be considered a …

Mind The Gap: Proposing A Tool For Identifying Gaps In Institutional Arbitration Rules, Wheaton Webb

Florida A & M University Law Review

A recognized benefit of arbitration is the power of the disputants to select, usually in advance, the procedural rules that will govern their dispute resolution. The right to determine procedural rules may be particularly important in transnational agreements where contracting parties are from States with different legal cultures. Of course, Parties capitalizing on this advantage do not draft new procedural rules for every transaction. Instead, the parties incorporate procedural rules created by arbitral institutions into their agreements. This creates clear incentives for institutions to develop thorough yet flexible procedural rules. Despite this incentive, the rules themselves may be deficient in …

Table Of Contents

Florida A & M University Law Review

No abstract provided.

Taking It To The Bank: Creating A New Constitutional Standard And Using Blue Carbon Banking To Compensate The Miccosukee Tribe For The Federal "Taking" Of Their Tribal Lands, Amy Judkins

Florida A & M University Law Review

The typical remedy for a property owner whose property interests have been diminished from government regulations—as is the case with the federal government's regulation of the Miccosukee's tribal lands—would be compensation sought under the Fifth Amendment of the United States Constitution. The last clause of the Fifth Amendment— the Takings Clause—provides that "private property [shall not] be taken for public use, without just compensation." The Supreme Court has explained that the purpose of the Takings Clause is to prevent the government from "forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by …

Editor's Note, Ariel Cavazos

Florida A & M University Law Review

No abstract provided.

Whistle While You Work: Interpreting Retaliation Remedies Available To Whistleblowers In The Dodd-Frank Act, Max Birmingham

Florida A & M University Law Review

This Article asserts that judicial activism occurs when a court goes beyond the plain meaning of the text that is plain and unambiguous, to promulgate its politics. This Article does not make the argument nor infer that this is the sole definition of judicial activism. Rather, this Article is narrowing the scope by enumerating a specific act that falls within the category of judicial activism.

This argument proceeds as follows. Part I provides context of judicial activism. Part II analyzes how various courts have interpreted the statute, and whether the interpretation is consistent with canons of construction. Part III assesses …

From Gorsuch To Gorsuch: Family Reformation On Agency Power, Matthew Noxsel

Florida A & M University Law Review

Although Chevron has drawn extensive scholarship examining its doctrinal origins,17 evolution,18 and impact,19 this is not one of those inquiries. Instead, this Comment seeks to address some of the circumstances and rationale motivating certain people behind Chevron, and therefore the doctrine and its impact will be discussed in short form. Accordingly, Part II of this Comment will use Anne Gorsuch’s service at the EPA as a lens through which to view the conservative revolution that occurred before and during the Reagan years, with an eye toward a subtle change in thinking from previous generations regarding agency regulations. Part III of …

Mythbusting: Why The Critics Of Litigation Finance Are Wrong, Roni Elias

Florida A & M University Law Review

Critics of ALF contend that such financing methods create various problems: they violate well-established principles of common law about the relationship between litigants and third-parties; they are tantamount to usurious loans; and they threaten the integrity of the judicial system by making it easier for litigants with few resources to bring frivolous lawsuits.

This article discusses both sides of this debate and concludes that the most prevalent criticisms of ALF are based upon misconceptions and myths about the nature of ALF transactions and of the interests of the parties involved in those transactions. When ALF is carefully considered, it is …

The Right To Bear Arms... And Lesson Plans, Ryan Saboff

Florida A & M University Law Review

This Article will argue that due to the unique characteristics of mass school shootings, including their swiftness, unpredictability, and at times advanced planning and preparation, that American society can no longer simply rely on law enforcement to effectively stop or even prevent future acts of mass violence from occurring on our schools. Rather, legally licensed and armed teachers and school personnel are actually the most effective deterrent to mass school shootings. The primary focus of this Article will be schools kindergarten through twelfth grade (K-12), as they comprise of the majority of mass shootings in the United States and typically …