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Articles 1 - 30 of 39
Full-Text Articles in Law
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
FIU Law Review
As the existential threat of climate change becomes increasingly prevalent, U.S. plaintiffs, lawyers, and activists have begun seeking redress in federal courts arguing for recognition of a constitutional right to a clean environment. Recently, in Juliana v. United States, the Ninth Circuit explicitly recognized the grave threat of climate change for the health, well-being, and security of the American people and the nation as a whole. Additionally, the court found that the U.S. government has contributed to climate change through both inaction and policy decisions that promote the use of fossil fuels. The plaintiffs claimed that they had a constitutional …
Section 230 Is Not Broken: Why Most Proposed Section 230 Reforms Will Do More Harm Than Good, And How The Ninth Circuit Got It Right, Christian Sarceño Robles
Section 230 Is Not Broken: Why Most Proposed Section 230 Reforms Will Do More Harm Than Good, And How The Ninth Circuit Got It Right, Christian Sarceño Robles
FIU Law Review
In 1996, Congress enacted 47 U.S.C. § 230 (“Section 230”) as part of the Communications Decency Act (“CDA”), essentially protecting online services from any liability for content produced by third parties. With the hope to encourage internet service providers (“ISPs”) to moderate the content on their platforms so that minors would be less often exposed to indecent material online, the CDA authorized ISPs and users of interactive computer services to restrict access to inappropriate materials without risking liability from being classified as publishers. Section 230 quickly grew to become so central to US internet law that it has been cited …
"Blood, Sweat, Tears:" A Muslim Woman Law Professor's View On Degenerative Racism, Misogyny, And (Internal) Islamophobia From Preeclampsia And Presumed Incompetent To Pandemic Tenure, Nadia B. Ahmad
FIU Law Review
From classical literature, popular press, law, everyday conversations, and social media rampages, society scrutinizes visible Muslim women even though they are a part of a vast global population. From E.M. Forrester’s A Passage to India—the Orientalist summer reading I endured in high school—to the incessant online attacks on U.S. Congresswoman Ilhan Omar, the hatred has no end and no bounds. Visible Muslim women are accustomed to erasure and censure for simply existing. In France, legislators sought to expel visible Muslim women under the age of eighteen from the public space. Women’s rights have been used as a pretext to invade …
Reasoning About Faith: On The Religious Lawyer, Rakesh K. Anand
Reasoning About Faith: On The Religious Lawyer, Rakesh K. Anand
FIU Law Review
The religious lawyer is an individual who understands his or her religious practice to be a way of life and who, within the context of a commitment to his or her religious practice as such, takes up the professional practice of law. Unquestionably, this individual is worthy of our respect, given the seriousness with which the individual approaches his or her faith. At the same time, it is precisely this seriousness that points us in a direction that is perhaps difficult for many to go. Specifically, because a way of life represents a total activity of the self from which …
Now We Have Reason To Fire You: What Should States Do About The Employer “After-Acquired” Employee Wrongdoing Defense?, Michael J. Hayes
Now We Have Reason To Fire You: What Should States Do About The Employer “After-Acquired” Employee Wrongdoing Defense?, Michael J. Hayes
FIU Law Review
Wrongful employer conduct, particularly discrimination and harassment, is leading to efforts to provide more protection to employees, and compensate them for wrongdoing already done to them. As shown by the Michigan Supreme Court’s July 2021 Lichon v. Morse decision that adopted a new and more pro-employee standard for when employers can compel employees to arbitrate instead of sue over claims of sexual harassment, much of the protection of employees may occur at the state level. Which makes it unfortunate that little attention is being paid to how states treat the employer after-acquired evidence defense that can undermine new and existing …
Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum
Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum
FIU Law Review
International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors. This Article disaggregates slavery from the slave trade and slavery …
Anti-Asian American Racism, Covid-19, Racism Contested, Humor, And Empathy, Peter H. Huang
Anti-Asian American Racism, Covid-19, Racism Contested, Humor, And Empathy, Peter H. Huang
FIU Law Review
This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article critiques respectability politics for being an ineffective response to racism. This Article proposes how to utilize humor to engage non-violent racism. This Article studies how to achieve DEI (Diversity, Equity, and Inclusion) by Empathy Through Personal Perspective Pivoting (ETPPP).
The Center Cannot Hold: Zoom As A Potemkin Village, Hadar Aviram
The Center Cannot Hold: Zoom As A Potemkin Village, Hadar Aviram
FIU Law Review
The time has come to click the “join” button once more. It is the end of the semester, and our colleague Abe, chair of our ad-hoc task force for online teaching, has convened an online teaching excellence panel. The purveyors of said excellence are four faculty members whose evaluations showed that they were, as his email said, “online teaching rockstars.” Unfathomably, I am one of the four, and the last scheduled to present. One by one, little rectangles pop against the black backdrop of the screen, like the bubbles my three-year-old son and I blow in the backyard out of …
The Need For Social Support From Law Schools During The Era Of Social Distancing, Michele Okoh, Inès Ndonko Nnoko
The Need For Social Support From Law Schools During The Era Of Social Distancing, Michele Okoh, Inès Ndonko Nnoko
FIU Law Review
Law students have been faced with unparalleled stress during the syndemic. They must cope with being students during the COVID-19 pandemic but also must deal with stress related to social and political unrest. This essay recommends that law schools apply social support theory in developing interventions to effectively address the needs of law students now and in the future. Social support theory focuses on the value and benefits one receives from positive interpersonal relationships. These positive relationships impact both mental and physical health and promote beneficial short and long-term overall health. However, not all supports are the same, and social …
Stereotypes, Sexism, And Superhuman Faculty, Teneille R. Brown
Stereotypes, Sexism, And Superhuman Faculty, Teneille R. Brown
FIU Law Review
This symposium article explores how law professors with caretaking responsibilities struggled so greatly during the first year of the COVID-19 pandemic. Because legal academia prioritizes masculine ideals of competence over warmth, faculty were expected to suppress their emotions and mental health needs in order to maintain the appearance of competence. While students were allowed to be seen as vulnerable individuals needing accommodations, we did not extend this same compassion to our faculty colleagues. To explain why the treatment was so disparate, I incorporated existing research on the stereotype content model (SCM) and psychological theories of dehumanization. These theories help to …
Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid R. Ekbia
Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid R. Ekbia
FIU Law Review
The COVID-19 pandemic led to unprecedented closures of national borders and the withdrawal of much of the social and cultural activities of society into the walls of the home. For us, educators focused on global engagement and analyzing international law and society, the abrupt retreat into the shelter of domestic walls disrupted the very subjects we were studying—inside and outside the classroom. In the pandemic’s first wave, most study abroad and international experiential programs were cancelled indefinitely, and the programs that continued had to operate in an environment of social distancing and uncertainty. We were forced to scramble to accommodate …
The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack Beermann, Gary Lawson
The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack Beermann, Gary Lawson
FIU Law Review
In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. In short, every four years, the Twelfth Amendment requires the President of the Senate (usually the Vice President of the United States) to open certificates provided by state presidential electors and count the votes contained therein. The Constitution allows no role for Congress in this process, and thus, the provisions of the Electoral Count Act purporting to grant Congress the power, by concurrent resolution, to reject a state’s electoral votes, is unconstitutional. …
The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley
The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley
FIU Law Review
There are roughly 700 Confederate monuments still standing in courthouse lawns, parks, and downtown squares in virtually every city, town, and village throughout the “Old South.” Most of these Confederate monuments are located in states that have enacted legislation that bans the removal of Confederate monuments. Such legislative bans are in effect in Alabama, Georgia, Kentucky Mississippi, North Carolina, South Carolina, and Tennessee. Legislation that bans removal of Confederate monuments from public spaces poses a racial justice issue for millions of residents in these states because it forces political majorities in Southern communities (many constituting majority-minority communities) to host a …
Should The Government Have The Unrestricted Power To Dismiss Meritorious Qui Tam Actions Brought Under The False Claims Act?: A Closer Look At Why The Government Should Not Be Held To A Judicially Imposed Standard, Wallace Stage
FIU Law Review
The False Claims Act was originally enacted during the Civil War as a result of concerns that the Union Army would attempt to defraud the Government. Since then, the False Claims Act has evolved and grown into an extremely useful tool that allows individuals to bring civil actions for various reasons on behalf of the United States Government. Under the False Claims Act, an individual may bring acivil action, often referred to as a qui tam action, on behalf of the United States Government for violations of the False Claims Act. After an individual brings this type of action, the …
Mysterious Ways, Lawrence M. Friedman
Mysterious Ways, Lawrence M. Friedman
FIU Law Review
The “mystery” or “detective” novel originated in the first half of the 19th century, and quickly became extremely popular. Its origins betray changes in English and American society—the same changes that led to innovations in criminal justice, especially the creation of detective squads in the big cities. The goal of the detective was to expose secret crime—crimes committed by confidence men, and others who worked in the shadows. Thousands and thousands of detective novels have been written; they are extremely varied; but they tend to share one common trait: they turn on the problem of hidden personal identities, which the …
Put Your Hands Up, And Step Away From The Scrutiny: Lowering The Standard Of Review For Large-Capacity Magazine Legislation, Morgan Carr
FIU Law Review
This comment addresses the Ninth Circuit’s decision to apply strict scrutiny to a ban on large-capacity magazines in Duncan v. Becerra. Since its construction, the Second Amendment has afforded states the ability to regulate firearms in their respective jurisdictions. However, absent Supreme Court precedent designating a guiding standard of judicial review, American courts have come to a consensus that intermediate scrutiny is appropriate when a gun regulation does not impose a severe burden on the core protection guaranteed by the Second Amendment. Inconsistent with this approach, the Ninth Circuit used strict scrutiny to strike California legislation that regulated the possession …
A Letter From The Editor In Chief
The Covid Care Crisis And Its Implications For Legal Academia, Cyra A. Choudhury
The Covid Care Crisis And Its Implications For Legal Academia, Cyra A. Choudhury
FIU Law Review
From February 2020, when the SARS COVID virus began to have global effects until now, the world has been in the midst of the worst viral pandemic in recent memory. No country was prepared for the rapid escalation of the spread of the virus worldwide that has taken nearly five million lives globally and over 700,000 in the United States alone. Even in March and April 2020, although cities had begun to quarantine and lockdown, none could have predicted the surges of cases and the longevity of the pandemic. Schools and businesses were closed only to open again and close …
The Foundational Care Crisis, Stephanie M. H. Moore
The Foundational Care Crisis, Stephanie M. H. Moore
FIU Law Review
This article examines the care crisis as the systemic issue that it is—starting from my personal story—because my story is the story of many women—and many caregivers. Teaching business law and ethics to undergraduates, I often encounter a primary question: what is the role of social issues in a business course? Sometimes students struggle with this initial hurdle of understanding why we study diversity, equity, inclusion, and justice in the workplace. Why—for example—would we focus on lack of family leave as a primary barrier a successful business. The second question is—of course—what can we do? Social and societal issues are …
Everything I Know About Teaching Was Reinforced By Auditing Remote Kindergarten, Allie Robbins
Everything I Know About Teaching Was Reinforced By Auditing Remote Kindergarten, Allie Robbins
FIU Law Review
As a tenure-track faculty member, I am always focused on the trifecta of tenure—scholarship, service, and teaching. The pressure to publish and present is constant and unending. Service requires countless hours in committee meetings and doing the work of faculty governance. Being a faculty member focused on academic and bar support requires spending a significant amount of time meeting one-on-one with students and providing written feedback. Due to the COVID-19 pandemic, several new stressors were also added to this already-overwhelming workload –a constantly changing and elongated bar prep period, the need to create new asynchronous class components and assessments for …
Archiving The Pandemic: What It Has Meant To Chronicle What We Wish To Forget, Katyayani Suhrud
Archiving The Pandemic: What It Has Meant To Chronicle What We Wish To Forget, Katyayani Suhrud
FIU Law Review
In the summer of 2020, when the Covid-19 pandemic and all that it brought it with was still very new, Jindal Global University, where I am a law student, began putting together an archive of this time for the university community. This piece explores what it meant to archive the pandemic while simultaneously living through it, and how other people’s stories and experiences affected my own. Attempting to distance myself from the pandemic did nothing to aid its everyday struggles. Rather, choosing to be intimately involved with how it was affecting the lives of others and also my own proved …