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Series

Faculty Publications

Florida International University College of Law

2005

Articles 1 - 14 of 14

Full-Text Articles in Law

Immigration And The Allure Of Inclusion, Ediberto Román Jan 2005

Immigration And The Allure Of Inclusion, Ediberto Román

Faculty Publications

Essentially, all immigrant stories concern labels and their consequences, including the fiction of the legal and illegal "alien. ' These labels in turn are created by immigration regimes that have the effect of establishing identities of both welcomed and unwelcome newcomers into a society. These fictions or labels occur within what can be described as the legal fiction of the nation-state. In many respects, all immigrant debates and accounts are tales of inclusion and membership within legal frameworks that decide which groups of people are deemed worthy of eventual formal membership within a political structure. Indeed, the label of "alien" …

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Cheers, Profanity, And Free Speech, Howard M. Wasserman Jan 2005

Cheers, Profanity, And Free Speech, Howard M. Wasserman

Faculty Publications

No abstract provided.

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Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo Jan 2005

Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo

Faculty Publications

No abstract provided.

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The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow Jan 2005

The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow

Faculty Publications

Following Maitland's famous observation on the place of the forms of action in English law at the beginning of the twentieth century, this essay argues that the Code Napoleon has had a similar effect on Latin American law. It examines various factors that have served to bury the Code and those that have served to continue its rule in Latin America. For Latin America, the author paraphrases Maitland to assert that the Code Napoleon we have buried, but it still rules us from its grave.

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Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno Jan 2005

Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno

Faculty Publications

No abstract provided.

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Controlling Corporate Speech: Is Regulation Fair Disclosure Unconstitutional, Antony Page, Katy H. Yang Jan 2005

Controlling Corporate Speech: Is Regulation Fair Disclosure Unconstitutional, Antony Page, Katy H. Yang

Faculty Publications

We analyze whether Regulation Fair Disclosure, SEC Chairman Arthur Levitt's crowning achievement, violates the First Amendment. Regulation FD requires that a company that discloses material non-public information to certain private audiences must also make that information public, subject to certain safe-harbors. The Regulation solely targets speech, acting either to compel it to a public audience or as a burden on private disclosure. Part I examines the reach of Regulation FD, the enforcement actions to date, and currently available empirical data. Part II provides an introduction to the interaction of the First Amendment and SEC regulations affecting speech. Part III broadens …

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Batson's Blind-Spot: Unconsciousstereotyping And The Peremptory Challenge, Antony Page Jan 2005

Batson's Blind-Spot: Unconsciousstereotyping And The Peremptory Challenge, Antony Page

Faculty Publications

No abstract provided.

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Jurisdiction And Merits, Howard M. Wasserman Jan 2005

Jurisdiction And Merits, Howard M. Wasserman

Faculty Publications

Federal courts frequently err by treating factual elements of substantive federal causes of action as going to the jurisdiction of the federal court. This arises most frequently as to elements in three federal causes of action: the quantum-of-employees element in employment discrimination claims, the "affecting commerce" element under the Sherman Act, and the state action requirement in constitutional actions. Courts treat the failure of one of these elements as a basis for dismissing an action for lack of subject-matter jurisdiction, rather than for failure to state a claim on the merits. The error in this characterization affects the time and …

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Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah Jan 2005

Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah

Faculty Publications

In this article, I ask: What is the relationship between law and morality in response to mass violence and suffering abroad? How does law shape and determine our moral response to mass death and suffering? We repose in the law itself a desire to define the moral and the ethical parameters of legal-political action. Thus, when faced with mass violence and suffering abroad, law functions as a proxy for morality. The legal prohibition under the Genocide Convention defines morality, or cabins the variety of moral responses into a single and universally applicable ethical-legal norm of response to genocide. The moral …

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A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Baidoe Ansah Jan 2005

A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Baidoe Ansah

Faculty Publications

This article's point of departure is the US's war against Iraq, which was begun in 2003 under various rationales - political, legal, and moral. As the legal and political justifications fell away or were cast into question, the moral became the primary reason for going to war. The justifications were, however, construed in religious language. For many, this "return" of religion within US foreign policy seemed particular to the Bush Administration. Others have argued that the turn to religion in time of war is nothing new. Nevertheless, the war and its justifications made me wonder about the nature of public …

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Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong Jan 2005

Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong

Faculty Publications

This paper argues that Liberia owes a duty under international law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the various warring parties in the course of 14 years of brutal conflict. The authors evaluate the options for prosecution, starting with the possible use of Liberian courts. They argue that even if willing, the national courts are unable to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in …

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Strategies For Challenging Police Drug Jargon Testimony, Joelle A. Moreno Jan 2005

Strategies For Challenging Police Drug Jargon Testimony, Joelle A. Moreno

Faculty Publications

No abstract provided.

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Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez Jan 2005

Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez

Faculty Publications

No abstract provided.

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Book Review To In Harm's Way: The Sinking Of The Uss Indianapolis And The Extraordinary Story Of Its Survivors, Eric R. Carpenter Jan 2005

Book Review To In Harm's Way: The Sinking Of The Uss Indianapolis And The Extraordinary Story Of Its Survivors, Eric R. Carpenter

Faculty Publications

No abstract provided.

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