Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

The Constitution And Human Rights: The International Legal Constructionist Approach To Ensuring The Protection Of Human Rights, Francisco Forrest Martin Mar 2006

The Constitution And Human Rights: The International Legal Constructionist Approach To Ensuring The Protection Of Human Rights, Francisco Forrest Martin

FIU Law Review

No abstract provided.


Mixed Dust Claims - The Next Asbestos, Or Much Ado About Nothing?, Douglas J. Giuliano Mar 2006

Mixed Dust Claims - The Next Asbestos, Or Much Ado About Nothing?, Douglas J. Giuliano

FIU Law Review

No abstract provided.


The University Of The Future Has Already Arrived, Stanley Fish Mar 2006

The University Of The Future Has Already Arrived, Stanley Fish

FIU Law Review

No abstract provided.


Reflections On Law Schools And The Idea Of The University, Thomas E. Baker Mar 2006

Reflections On Law Schools And The Idea Of The University, Thomas E. Baker

FIU Law Review

No abstract provided.


Implying Against Intent: A New Test For Congressional Intent Under Cort V. Ash, Michael Hirschkowitz Mar 2006

Implying Against Intent: A New Test For Congressional Intent Under Cort V. Ash, Michael Hirschkowitz

FIU Law Review

No abstract provided.


Table Of Contents Mar 2006

Table Of Contents

FIU Law Review

No abstract provided.


Masthead Mar 2006

Masthead

FIU Law Review

No abstract provided.


Publisher Mar 2006

Publisher

FIU Law Review

No abstract provided.


Message From The Editor, Brenda Kuhns Neuman Mar 2006

Message From The Editor, Brenda Kuhns Neuman

FIU Law Review

No abstract provided.


"A Decent Respect To The Opinions Of [Human]Kind": The Value Of A Comparative Perspective In Constitutional Adjudication, Ruth Bader Ginsburg Mar 2006

"A Decent Respect To The Opinions Of [Human]Kind": The Value Of A Comparative Perspective In Constitutional Adjudication, Ruth Bader Ginsburg

FIU Law Review

No abstract provided.


Returning To First Priniciples: International Human Rights As U.S. Constitutionalism, Natsu Taylor Saito Mar 2006

Returning To First Priniciples: International Human Rights As U.S. Constitutionalism, Natsu Taylor Saito

FIU Law Review

No abstract provided.


The Logic Of Rights Vs. The Logic Of Representation: The Case Of Cohabitation In Spain, Blanca Rodriguez Ruiz Mar 2006

The Logic Of Rights Vs. The Logic Of Representation: The Case Of Cohabitation In Spain, Blanca Rodriguez Ruiz

FIU Law Review

No abstract provided.


Why The Limited Liability Company Should Sound The Death Knell Of The Application Of The "Nexus Of Contracts" Theory To Corporations, Brian Dean Abramson Mar 2006

Why The Limited Liability Company Should Sound The Death Knell Of The Application Of The "Nexus Of Contracts" Theory To Corporations, Brian Dean Abramson

FIU Law Review

No abstract provided.


Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah Jan 2006

Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah

Faculty Publications

Ten years after the genocide in Rwanda, the government issued broad new laws outlawing the use of ethnic categories, with a view to uniting all Rwandans under a single Rwandan identity. This self-erasure of ethnic identity is deployed primarily within the borders of the state, to enable reconciliation after the genocide in 1994. Outside the borders, the state deploys ethnic identity as one of the rationales for its cross-border wars (in the Democratic Republic of Congo).


Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman Jan 2006

Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman

Faculty Publications

No abstract provided.


Homer Simpson Meets The Rule Against Perpetuities: The Controversial Use Of Pop-Culture In Legal Writing Pedagogy, Louis N. Schulze Jr. Jan 2006

Homer Simpson Meets The Rule Against Perpetuities: The Controversial Use Of Pop-Culture In Legal Writing Pedagogy, Louis N. Schulze Jr.

Faculty Publications

Imagine that you have returned to your first year of law school. In your legal writing course, you are required to finish the year with an extensive brief analyzing a legal problem. After months in your doctrinal courses dealing with mind-bending legal issues such as liquidated damages, substantive due process, felony murder, personal jurisdiction, and shifting executory interests, you are ready to sink your teeth into a challenging legal writing assignment. You want to show your stuff and prove that your writing is law review caliber. Your assignment starts as follows: Greenacre is a parcel of land bounded on three …


Tratado De Derecho Arrendaticio Inmobiliario (Tomo Ii), Gilberto A. Guerrero-Rocca Jan 2006

Tratado De Derecho Arrendaticio Inmobiliario (Tomo Ii), Gilberto A. Guerrero-Rocca

Faculty Books

La ley de arrendamientos inmobiliarios plantea lo relacionado al campo de aplicación, relación y garantías arrendaticias, terminaciones de las relaciones arrendaticias, la prórroga legal, como tópicos que generan un perfil propio de lo que llamaríamos Derecho Arrendaticio en sustitución del antiguo concepto inquilinario.


Asking The Straight Question: How To Come To Speech In Spite Of Conceptual Liquidation As A Homosexual, Jose M. Gabilondo Jan 2006

Asking The Straight Question: How To Come To Speech In Spite Of Conceptual Liquidation As A Homosexual, Jose M. Gabilondo

Faculty Publications

No abstract provided.


Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo Jan 2006

Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo

Faculty Publications

No abstract provided.


The Citizenship Dialectic, Ediberto Román Jan 2006

The Citizenship Dialectic, Ediberto Román

Faculty Publications

Imagine that you reside in a country not unlike the United States, with a similar cultural, economic, racial and ethnic mix. As in many other countries, the events of September 11, 2001, dramatically changed the lives of the inhabitants of your land. Your country passed a series of Special Laws specifically designed to enhance national security, and has joined the United States in its efforts in Afghanistan and Iraq. Your country's law enforcement and military officials, in several high-profile arrests that captured the attention of the populace, took three suspects into custody who allegedly were involved in terrorist-related activities. While …


Debtor Discharge And Creditor Repayment In Chapter 13, Scott F. Norberg, Andrew Velkey Jan 2006

Debtor Discharge And Creditor Repayment In Chapter 13, Scott F. Norberg, Andrew Velkey

Faculty Publications

Consumer bankruptcy filings hit another record high in 1998, with nearly 1.4 million consumers filing for bankruptcy relief. This trend sparked a debate in Congress about means-testing chapter 7 bankruptcy filings. Proponents of reform argued that it would curtail fraud and abuse. Opponents believed that consumer debt was swamping income growth, and that the deregulation of the consumer credit market had led to overgenerous lending and hence to more bankruptcies. This is an empirical study of whether filers for chapter 13 bankruptcy cases are abusing the system, or whether debtors are truly being swamped by debt in excess of their …


Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M C. Mirow Jan 2006

Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M C. Mirow

Faculty Publications

John Wertheimer, the author of “Gloria’s Story,” has produced a complex and absorbing text that skillfully guides the reader through the microhistory of Gloria’s concubinage to an enhanced appreciation of the greater legal, social, and institutional forces at play in mid-twentieth century Guatemala. Using Gloria’s story to shift into more general observations about law and society in Guatemala, Wertheimer states that laws can “affect behavior by establishing incentives and disincentives for different types of action and by reinforcing or undermining different values.”1 Wertheimer reads the legal records involving Gloria and her family to write her story from the dominant critical …


Toxic Torts, Autism, And Bad Science: Why The Courts May Be Our Best Defense Against Scientific Relativism, Joelle A. Moreno Jan 2006

Toxic Torts, Autism, And Bad Science: Why The Courts May Be Our Best Defense Against Scientific Relativism, Joelle A. Moreno

Faculty Publications

No abstract provided.


Reflections On Law Schools And The Idea Of The University, Thomas E. Baker Jan 2006

Reflections On Law Schools And The Idea Of The University, Thomas E. Baker

Faculty Publications

Thomas Baker is one of the founding faculty members of the Florida International University College of Law and this article is based on a speech delivered in October of 2002 during the university's Annual Faculty Convocation. It details the composition of both the entering classes and the law faculty and discusses the law school's mission to provide opportunities for minorities to attain representation in the legal profession that is proportionate to their representation in the population. It explores the role of law schools in higher education and notes the FIU College of Law's efforts to incorporate important developments in the …