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Florida International University College of Law

2015

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Articles 1 - 30 of 75

Full-Text Articles in Law

What Can Animal Law Learn From Environmental Law?, Randall S. Abate Nov 2015

What Can Animal Law Learn From Environmental Law?, Randall S. Abate

Faculty Workshops

Professor Randall S. Abate, now affiliated with The George Washington University Law School, presented on his recently published book, What Can Animal Law Learn form Environmental Law? The workshop focused on how the fields of environmental law and animal law can work in concert. The Workshop was presented in collaboration with the FIU Law Student Animal Legal Defense Fund and FIU Law Environmental Law Society student organizations.


Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett Nov 2015

Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett

Faculty Workshops

Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.


Third Session: Freedom Of Religion And Expression, Professor Frank S. Ravitch, Professor Robert A. Katz, Asma T. Uddin, Professor Spearit Oct 2015

Third Session: Freedom Of Religion And Expression, Professor Frank S. Ravitch, Professor Robert A. Katz, Asma T. Uddin, Professor Spearit

FIU Law Review Symposia

This panel will explore the implications of various cases on the freedom of expression and religion. Professor Ravitch’s article goes in depth on religious freedom claims and, focusing on government employees, he will explain when accommodation for specific religious freedoms are appropriate and when they conflict with the rights of others. Professor Katz’s article discusses the connection between the Supreme Court’s decision on same-sex marriage and the religious freedoms of individuals and entities who oppose same-sex marriage and same-sex relations on religious grounds. In Asma T. Uddin’s article, she examines the Charlie Hebdo attacks in Paris and focuses on the …


Second Session: Gender And Religion, Dean Marie Failinger, Professor Timothy J. Tracey, Professor Shawn M. Crincoli, Professor Mary Anne Case Oct 2015

Second Session: Gender And Religion, Dean Marie Failinger, Professor Timothy J. Tracey, Professor Shawn M. Crincoli, Professor Mary Anne Case

FIU Law Review Symposia

This panel includes topics exploring the relationship between gender and religion. Professor Marie Failinger will analyze the Free Exercise clause in the Constitution through the values found in feminist jurisprudence. Also, Professor Shawn M. Crincoli will contrast how different religious denominations view assigning and reassigning sex, including how sex assignment is viewed under the American legal system. Professor Timothy J. Tracey will explore whether stripping private schools of their tax exempt status is constitutionally permissible if they maintain an opposition to same-sex marriage.


First Session: Holy Wars, Professor Beverly I. Moran, Rahimjon Abdugafurov, Professor Haider Ala Hamoudi, Professor Sahar F. Aziz, Professor Karima Bennoune Oct 2015

First Session: Holy Wars, Professor Beverly I. Moran, Rahimjon Abdugafurov, Professor Haider Ala Hamoudi, Professor Sahar F. Aziz, Professor Karima Bennoune

FIU Law Review Symposia

This panel will explore topics of the Holy Wars. Associate Professor Haider Ala Hamoudi will speak about Muslim expansionism and its compatibility with modern notions of international relations and how “lone wolf” terrorism bears little resemblance to Islam’s history. Associate Professor Sahar F. Aziz explores how the religion and race of Muslims in America has been closely intertwined and has created the “racial muslim,” which exposes Muslims to discrimination with no legal recourse or civil rights protection. Also, Professor Beverly I. Moran and Mr. Rahimjon Abdugafurov will speak on whether Muslims are required to engage in Holy War.


Table Of Contents Sep 2015

Table Of Contents

FIU Law Review

No abstract provided.


“Lone Wolf” Terrorism And The Classical Jihad: On The Contingencies Of Violent Islamic Extremism, Haider Ala Hamoudi Sep 2015

“Lone Wolf” Terrorism And The Classical Jihad: On The Contingencies Of Violent Islamic Extremism, Haider Ala Hamoudi

FIU Law Review

No abstract provided.


Women And The Free Exercise Clause: Some Thoughts About A (Religious) Feminist Reading, Marie A. Failinger Sep 2015

Women And The Free Exercise Clause: Some Thoughts About A (Religious) Feminist Reading, Marie A. Failinger

FIU Law Review

No abstract provided.


Bob Jonesing: Same-Sex Marriage And The Hankering To Strip Religious Institutions Of Their Tax-Exempt Status, Timothy J. Tracey Sep 2015

Bob Jonesing: Same-Sex Marriage And The Hankering To Strip Religious Institutions Of Their Tax-Exempt Status, Timothy J. Tracey

FIU Law Review

No abstract provided.


Religious Sex Status And The Implications For Transgender And Gender Nonconforming People, Shawn Markus Crincoli Sep 2015

Religious Sex Status And The Implications For Transgender And Gender Nonconforming People, Shawn Markus Crincoli

FIU Law Review

No abstract provided.


Perfectionism And Fundamentalism In The Application Of The German Abortion Laws, Mary Anne Case Sep 2015

Perfectionism And Fundamentalism In The Application Of The German Abortion Laws, Mary Anne Case

FIU Law Review

No abstract provided.


Publisher Sep 2015

Publisher

FIU Law Review

No abstract provided.


Editorial Board Sep 2015

Editorial Board

FIU Law Review

No abstract provided.


Introduction, Eloisa C. Rodriguez-Dod Sep 2015

Introduction, Eloisa C. Rodriguez-Dod

FIU Law Review

No abstract provided.


“Your Fatwa Does Not Apply Here”: International Law And The Opponents Of “Holy Wars”, Karima Bennoune Sep 2015

“Your Fatwa Does Not Apply Here”: International Law And The Opponents Of “Holy Wars”, Karima Bennoune

FIU Law Review

No abstract provided.


Are Muslims Obligated To Engage In Holy War?, Beverly Moran, Rahimjon Abdugafurov Sep 2015

Are Muslims Obligated To Engage In Holy War?, Beverly Moran, Rahimjon Abdugafurov

FIU Law Review

No abstract provided.


Provocative Speech In French Law: A Closer Look At Charlie Hebdo, Asma T. Uddin Sep 2015

Provocative Speech In French Law: A Closer Look At Charlie Hebdo, Asma T. Uddin

FIU Law Review

No abstract provided.


Sonic Jihad—Muslim Hip Hop In The Age Of Mass Incarceration, Spearit Sep 2015

Sonic Jihad—Muslim Hip Hop In The Age Of Mass Incarceration, Spearit

FIU Law Review

No abstract provided.


Complementary Or Competing Freedoms: Government Officials, Religious Freedom, And Lgbtq Rights, Frank S. Ravitch Sep 2015

Complementary Or Competing Freedoms: Government Officials, Religious Freedom, And Lgbtq Rights, Frank S. Ravitch

FIU Law Review

No abstract provided.


The Role Of Public Reason In Obergefell V. Hodges, Robert Katz Sep 2015

The Role Of Public Reason In Obergefell V. Hodges, Robert Katz

FIU Law Review

No abstract provided.


Defending Israelis Or Suppressing Palestinian Self-Determination? An Analysis Of Operation Protective Edge Using The Two-Factor Test, Wajiha Rais Sep 2015

Defending Israelis Or Suppressing Palestinian Self-Determination? An Analysis Of Operation Protective Edge Using The Two-Factor Test, Wajiha Rais

FIU Law Review

No abstract provided.


Good But Not Great: Autonomous Vehicles And The Law In Florida, Jeffery Mackowski Sep 2015

Good But Not Great: Autonomous Vehicles And The Law In Florida, Jeffery Mackowski

FIU Law Review

No abstract provided.


Ensuring Our Success In An Uncertain Future, Ramón A. Abadin Sep 2015

Ensuring Our Success In An Uncertain Future, Ramón A. Abadin

Professionalism Research Library

What separates lawyers from most other professions — and what will distinguish us and ensure our continuing success in an uncertain future — is professionalism. Professionalism covers the wide range of attributes that make a lawyer a lawyer. The Florida Bar offers members six pages of “expectations” for professionalism, as well as a “Creed of Professionalism.” County and state bar associations, as well as the ABA, have written codes of professionalism. Perhaps The Florida Bar’s Standing Committee on Professionalism says it best: “Professionalism is the pursuit and practice of the highest ideals and tenets of the legal profession. It embraces …


Professionalism Expectations For The Electronic Age, Gary Blankenship Mar 2015

Professionalism Expectations For The Electronic Age, Gary Blankenship

Professionalism Research Library

Giving in to the urge to respond instantly and in-kind to a nasty text or email from an opposing attorney could give you some digital baggage you’ll be lugging around for the rest of your career. In recognition of that — and other stresses and strains of practicing law in a high-tech and instantcommunications world — the Bar’s Ideals and Goals of Professionalism have undergone a review and redrafting, emerging as a new document called Professionalism Expectations. The Board of Governors approved the new document at its January meeting. Professionalism Expectations has been sent to the conferences for circuit and …


The Military's Sexual Assault Blind Spot, Eric R. Carpenter Mar 2015

The Military's Sexual Assault Blind Spot, Eric R. Carpenter

Faculty Publications

The American military is in a well-publicized struggle to address its sexual assault problem. Critics say that those in the military who run the military justice system have a bias against the victims in these cases, where that bias is likely related to some form of sexism.

This article explores that problem and offers a social psychology explanation that supports the critics' position. This article explains the cognitive process that people use to solve these legal problems and then highlights a serious flaw in that process – the use of inaccurate rape schemas. This article focuses on two potential groups …


Breakfast And Registration Feb 2015

Breakfast And Registration

FIU Law Review Symposia

No abstract provided.


Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie Jan 2015

Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie

Faculty Publications

When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …


Law In East Florida 1783-1821, M C. Mirow Jan 2015

Law In East Florida 1783-1821, M C. Mirow

Faculty Publications

Using primary sources from the East Florida Papers, this article explores colonial legality in St. Augustine and the Province of East Florida during the second Spanish period from 1783 to 1821. In addition to discussing the promulgation of the Constitution of Cádiz and its effects, the article reaches into legal records dealing with civil and testamentary cases to explore and to describe aspects of private law in this North American Spanish colony. Economic and social relations are revealed in the sources that are rich in legal information concerning slavery, family, religion, trade, and landholding. The article concludes that the sources …


Educación Legal En Los Estados Unidos Ii: Educación De Postgrado, Educación Continuada, Y Consideraciones Comparativas, Maria Elena Cobas Cobiella, M C. Mirow Jan 2015

Educación Legal En Los Estados Unidos Ii: Educación De Postgrado, Educación Continuada, Y Consideraciones Comparativas, Maria Elena Cobas Cobiella, M C. Mirow

Faculty Publications

This series of two articles describes the most important features of legal education in the United States. Part I, published previously in this journal, discusses law schools and the juris doctor. Part II, published here, discusses graduate legal education, continuing legal education, and some comparative aspects of U.S. legal education in light of the Bologna Plan.


Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury Jan 2015

Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury

Faculty Publications

No abstract provided.