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2011

Florida International University College of Law

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Articles 1 - 30 of 48

Full-Text Articles in Law

Multinationals At Risk: Terrorism And The Rule Of Law, Frederick V. Perry Sep 2011

Multinationals At Risk: Terrorism And The Rule Of Law, Frederick V. Perry

FIU Law Review

No abstract provided.


Economic Markets And Technological Advancements, Becky Norton Dunlop Sep 2011

Economic Markets And Technological Advancements, Becky Norton Dunlop

FIU Law Review

No abstract provided.


Table Of Contents Sep 2011

Table Of Contents

FIU Law Review

No abstract provided.


National Security Challenges And The Global Financial Crisis, Scheherazade S. Rehman Sep 2011

National Security Challenges And The Global Financial Crisis, Scheherazade S. Rehman

FIU Law Review

No abstract provided.


Publisher Sep 2011

Publisher

FIU Law Review

No abstract provided.


Even Republics Must Sometimes Strike Back, Jeremy Rabkin Sep 2011

Even Republics Must Sometimes Strike Back, Jeremy Rabkin

FIU Law Review

No abstract provided.


The Lone Wolf – Solo Terrorism And The Challenge Of Preventative Prosecution, Kendall Coffey Sep 2011

The Lone Wolf – Solo Terrorism And The Challenge Of Preventative Prosecution, Kendall Coffey

FIU Law Review

No abstract provided.


Regulation Of Sports Agents And College Football: Perception Or Reality?, Noam Silverman Sep 2011

Regulation Of Sports Agents And College Football: Perception Or Reality?, Noam Silverman

FIU Law Review

No abstract provided.


Masthead Sep 2011

Masthead

FIU Law Review

No abstract provided.


No Means No, But Silence Means Yes? The Policy And Constitutionality Of The Recent State Proposals For Opt-Out Organ Donation Laws, Sara Naomi Rodriguez Sep 2011

No Means No, But Silence Means Yes? The Policy And Constitutionality Of The Recent State Proposals For Opt-Out Organ Donation Laws, Sara Naomi Rodriguez

FIU Law Review

No abstract provided.


A Need For Culture Change: Glbt Latinas/Os And Immigration, Berta Esperanza Hernández-Truyol Mar 2011

A Need For Culture Change: Glbt Latinas/Os And Immigration, Berta Esperanza Hernández-Truyol

FIU Law Review

No abstract provided.


The Road To Fourth Amendment Erosion Is Paved With Good Intentions: Examining Why Florida Should Limit The Community Caretaker Exception, Matthew C. Shapiro Mar 2011

The Road To Fourth Amendment Erosion Is Paved With Good Intentions: Examining Why Florida Should Limit The Community Caretaker Exception, Matthew C. Shapiro

FIU Law Review

No abstract provided.


Faces Of Immigration Reform, Steven W. Bender Mar 2011

Faces Of Immigration Reform, Steven W. Bender

FIU Law Review

No abstract provided.


The Prospects And Challenges Of Educational Reform For Latino Undocumented Children: An Essay Examining Alabama’S H.B. 56 And Other State Immigration Measures, María Pabón López, Diomedes J. Tsitouras, Pierce C. Azuma Mar 2011

The Prospects And Challenges Of Educational Reform For Latino Undocumented Children: An Essay Examining Alabama’S H.B. 56 And Other State Immigration Measures, María Pabón López, Diomedes J. Tsitouras, Pierce C. Azuma

FIU Law Review

No abstract provided.


Table Of Contents Mar 2011

Table Of Contents

FIU Law Review

No abstract provided.


Masthead Mar 2011

Masthead

FIU Law Review

No abstract provided.


Publisher Mar 2011

Publisher

FIU Law Review

No abstract provided.


Arizona’S Sb1070, Copycat Bills, And Constitutional Conundrums: Costly Collisions?, Imtiaz Hussain Mar 2011

Arizona’S Sb1070, Copycat Bills, And Constitutional Conundrums: Costly Collisions?, Imtiaz Hussain

FIU Law Review

No abstract provided.


Debate On Birthright Citizenship, Dr. John Eastman, Ediberto Román Florida International University College Of Law Mar 2011

Debate On Birthright Citizenship, Dr. John Eastman, Ediberto Román Florida International University College Of Law

FIU Law Review

No abstract provided.


Rights To Language Assistance In Florida: An Argument To Remedy The Inconsistent Provisions Of Court Interpreters In State And Federal Courts, Brian A. Shue Mar 2011

Rights To Language Assistance In Florida: An Argument To Remedy The Inconsistent Provisions Of Court Interpreters In State And Federal Courts, Brian A. Shue

FIU Law Review

No abstract provided.


Preface – Lleads #2, Linda Kelly Hill Mar 2011

Preface – Lleads #2, Linda Kelly Hill

FIU Law Review

No abstract provided.


Noncitizens’ Remedies Lost?: Accountability For Overreaching In Immigration Enforcement, Peter Margulies Mar 2011

Noncitizens’ Remedies Lost?: Accountability For Overreaching In Immigration Enforcement, Peter Margulies

FIU Law Review

No abstract provided.


The Latin American Tradition Of Legal Failure, Jorge L. Esquirol Jan 2011

The Latin American Tradition Of Legal Failure, Jorge L. Esquirol

Faculty Publications

No abstract provided.


Simplifying Discovery And Production: Using Easy Frameworks To Evaluate The 2009 Term Of Cases, Eric R. Carpenter Jan 2011

Simplifying Discovery And Production: Using Easy Frameworks To Evaluate The 2009 Term Of Cases, Eric R. Carpenter

Faculty Publications

No abstract provided.


Judging Aggression, Noah Weisbord Jan 2011

Judging Aggression, Noah Weisbord

Faculty Publications

One of the most polarizing debates in international law is how the goal of peace should figure into the work of international criminal tribunals. The freshly minted crime of aggression lands the judges of the International Criminal Court in the middle of the peace versus justice dilemma and will challenge the court to prove its value for advancing peace in appropriate circumstances while building the rule of law and maintaining its legitimacy.

This article, the final installment in the author's trilogy on the crime of aggression, explores the gaps, ambiguities and contradictions woven into the definition of the crime and …


Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah Jan 2011

Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah

Faculty Publications

This article analyzes the discourse on genocide from two angles: the legal genesis of the term in the 1940s and subsequent legal "capture" of the concept of genocide, and a recent socio-political critique of the legal meaning of genocide. The article suggests that a cross-disciplinary critique of genocidal violence not only describes the event and the victim, but also produces knowledge of them as discursive "objects." The key issue is the "surveillance" role of the outside observer, also produced as such in discursive relation to the object. At stake in this view of genocide law as epistemology is the capacity …


A Sui Generis Regime For Traditional Knowledge: The Cultural Divide In Intellectual Property Law, J. Janewa Oseitutu Jan 2011

A Sui Generis Regime For Traditional Knowledge: The Cultural Divide In Intellectual Property Law, J. Janewa Oseitutu

Faculty Publications

To some extent, traditional knowledge can be protected under various intellectual property laws, but there is no effective international legal protection for this subject matter. This has led to proposals for a sui generis regime to protect traditional knowledge. The precise contours of the right are yet to be determined but a sui generis right could include perpetual protection. It could also result in protection for historical communal works and for knowledge that may be useful but that is not inventive according to the standards of intellectual property law.

Developing countries have been more supportive of an international traditional knowledge …


An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric R. Carpenter Jan 2011

An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric R. Carpenter

Faculty Publications

No abstract provided.


Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh Jan 2011

Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh

Faculty Publications

The Sierra Leone war, which lasted between 1991 and 2002, gained notoriety around the world for “blood" or "conflict" diamonds and some of the worst atrocities ever perpetrated against civilians in a modern conflict. On January 16, 2002, the United Nations and the Government of Sierra Leone signed an historic agreement to establish the Special Court for Sierra Leone (SCSL). In setting up a new type of ad hoc criminal tribunal, the parties sought to achieve two key objectives. First, to dispense credible justice by enabling the prosecution of those bearing greatest responsibility for the wartime atrocities based on international …


International Decision, International Criminal Court, Decision On The Authorization Of An Investigation Into The Situation In The Republic Of Kenya, Charles Chernor Jalloh Jan 2011

International Decision, International Criminal Court, Decision On The Authorization Of An Investigation Into The Situation In The Republic Of Kenya, Charles Chernor Jalloh

Faculty Publications

On March 31, 2010, in its first ever decision authorizing a prosecutorial proprio motu investigation, the Pre-Trial Chamber of the International Criminal Court (ICC) granted the ICC Prosecutor permission to investigate the shocking violence which followed Kenya’s December 2007 Presidential elections under Article 15 of the Rome Statute of the International Criminal Court. The majority of the Chamber ruled that both the contextual and underlying requirements of crimes against humanity had been fulfilled, including that they were committed as part of a state or organizational policy as required by Article7(2)(a) of the Rome Statute. According to the majority, the latter …