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2014

Florida A & M University Law Review

Articles 1 - 18 of 18

Full-Text Articles in Law

Table Of Contents Sep 2014

Table Of Contents

Florida A & M University Law Review

No abstract provided.


High Time For Medical Marijuana Or Buzz-Kill?: The Controlled Substances Act And The Sherman Antitrust Act May Cause Florida's Compassionate Medical Cannabis Act To Go Up In Smoke, Thu Pham Sep 2014

High Time For Medical Marijuana Or Buzz-Kill?: The Controlled Substances Act And The Sherman Antitrust Act May Cause Florida's Compassionate Medical Cannabis Act To Go Up In Smoke, Thu Pham

Florida A & M University Law Review

Florida is the latest state to jump into the arena of medical marijuana with the passage of SBI030 on June 16, 2014. The law, named The Compassionate Medical Cannabis Act of 2014,' allows low-THC cannabis to be prescribed to patients suffering from cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms.


A Proposed Reconciliation Of Stakeholder Interests In The Ge Soybean Industry And Role Of Earth Jurisprudence Principles, Kristen N. King Jaiven Sep 2014

A Proposed Reconciliation Of Stakeholder Interests In The Ge Soybean Industry And Role Of Earth Jurisprudence Principles, Kristen N. King Jaiven

Florida A & M University Law Review

The historical art of seed saving ensured farmers would have enough quality seeds for the following season. Traditional and indigenous farmers mastered seed saving techniques, saving the healthiest and strongest seeds to ensure preservation of seed diversity and adequate crop yields. To provide adequate protection and meet maximum sustainability for all interested parties, it is essential that laws governing the soybean industry consider the soybean as a stakeholder.


Stuart V. Hertz Corp. And Its New Jury Instruction: "Dump" The Case And "Clunker" That Old Rental Car, Larry Roth Sep 2014

Stuart V. Hertz Corp. And Its New Jury Instruction: "Dump" The Case And "Clunker" That Old Rental Car, Larry Roth

Florida A & M University Law Review

The Florida Supreme Court has allowed new Standard Civil Jury Instructions ("SCJI") recommended by its Committee on Civil Jury Instructions. 2 In allowing these new instructions, however, the Court chose to not actually give its seal of approval to the Instructions set out in 501.5. 3 Thematically, these SCJI deal with the tort law concept of "Other Contributing Causes of Damages.


Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito Sep 2014

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito

Florida A & M University Law Review

More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …


Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups, Josephine M. Balzac Jan 2014

Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups, Josephine M. Balzac

Florida A & M University Law Review

No abstract provided.


The Planet On The Docket: Atmospheric Trust Litigation To Protect Earth's Climate System And Habitability, Mary Christina Wood Jan 2014

The Planet On The Docket: Atmospheric Trust Litigation To Protect Earth's Climate System And Habitability, Mary Christina Wood

Florida A & M University Law Review

No abstract provided.


Panama's Pando And Monte Lirio Dams: Proactive Engagement In Environmental Human Rights Through Project Due Diligence Leads To Improved Risk Management And Cost Controls, Gregory M. Karch Jan 2014

Panama's Pando And Monte Lirio Dams: Proactive Engagement In Environmental Human Rights Through Project Due Diligence Leads To Improved Risk Management And Cost Controls, Gregory M. Karch

Florida A & M University Law Review

The Pando-Monte Lirio Hydroelectric Power Project (Pando Project) is located along the Chiriqui Viejo River (CVR) in Western Panama. It consists of two hydroelectric dams that are part of nineteen hydroelectric installations planned and partially constructed along the CVR in Western Panama. The Pando Project reflects the Inter-American Development Bank’s (IDB’s) commitment to investments in “clean energy” in Central America. The project is an important contribution to Central America’s energy needs, but has caused a number of residents and citizen organizations in the CVR region to raise issues regarding the impact the project will have on the CVR and their …


Responding To Environmental Injustice: The Civil Rights Act And American Federal Institutional And Systemic Barriers To Private Redress Of Disparate Environmental Harm, Michael B. Jones, Peter J. Jacques Jan 2014

Responding To Environmental Injustice: The Civil Rights Act And American Federal Institutional And Systemic Barriers To Private Redress Of Disparate Environmental Harm, Michael B. Jones, Peter J. Jacques

Florida A & M University Law Review

This article discusses the use of private action in federal institutions for relief from disparate racial impacts. The courts have eliminated consideration of § 602 disparate impact regulations as the basis for a private right of action challenging environmental harms. Legislative action seems unlikely in this era of gridlock and partisan polarization. Agency action seems to offer the most avenues for consideration of environmental justice concerns. However, agencies are bureaucratic and subject to election results, Congressional oversight and budgetary limitations, and backlogs of determination of environmental justice complaints. Deeply rooted systemic institutional racism further constrains possible reforms to the federal …


Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia, Tamari Bulia Jan 2014

Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia, Tamari Bulia

Florida A & M University Law Review

No abstract provided.


Remedies For Foreign Citizens Subjected To Outsourced Pollution: A Case Study Of American Big Oil In The Ecuadorian Amazon, Ava Azad Jan 2014

Remedies For Foreign Citizens Subjected To Outsourced Pollution: A Case Study Of American Big Oil In The Ecuadorian Amazon, Ava Azad

Florida A & M University Law Review

The term “globalization” generally carries a positive connotation, invoking images of progress and international unity. “Technology” similarly enjoys a reputation of enabling human advancement and improving sustenance, shelter, education, and overall quality of life. Both promote the development of the other and their success has become intertwined. Development of the oil industry is one newsworthy example of the coming together of technology and globalization as nations rush to discover, extract, and refine oil wherever possible and sell the fuel to their own citizens or export it to other nations. Oil is also an example of dangers generally not associated with …


President Obama And The New Politics Of Inclusion In The Climate Change Debate, Leslie G. Fields, Royce G. Brooks Jan 2014

President Obama And The New Politics Of Inclusion In The Climate Change Debate, Leslie G. Fields, Royce G. Brooks

Florida A & M University Law Review

No abstract provided.


Comeback Of Community-Based Forest Management: The Need To Revamp Strategies To Promote Decentralized Environmental Governance In India And Brazil, Naysa Ahuja Jan 2014

Comeback Of Community-Based Forest Management: The Need To Revamp Strategies To Promote Decentralized Environmental Governance In India And Brazil, Naysa Ahuja

Florida A & M University Law Review

The governance of forests and their resources has always been a contentious issue. It has created a divide between developing and developed countries, as well as within them. With the increasing recognition of forests as valuable commodities in the global market, the management of forests in developing countries is becoming a matter of constant concern for ecologists, economists, and politicians.

Part I of this article provides an overview of the Participatory Forest Management (PFM) approach in the international context. Part II and III examine environmental governance in the forest sector of two rapidly emerging economies of the world, India and …


Bitcoin, The Law And Emerging Public Policy: Towards A 21st Century Regulatory Scheme, Gregory M. Karch Jan 2014

Bitcoin, The Law And Emerging Public Policy: Towards A 21st Century Regulatory Scheme, Gregory M. Karch

Florida A & M University Law Review

Bitcoin is the world's first decentralized digital currency. According to Lawrence Lessig, cryptography is "the most important technological breakthrough in the last one thousand years" and will be transformative. Bitcoin, capitalizing on cryptography, is a revolutionary digital currency protocol--a software system capable of tracking financial transactions without the need for a third party intermediary. The Bitcoin software is a "community-driven open source project released under an MIT license.”

This paper begins by briefly reviewing the mechanics of Bitcoin in Section I. Section II then surveys the rapidly expanding uses of Bitcoin, as well as the emerging application of Bitcoin. Since …


Move, Or Wait For The Flood And Die: Protection Of Environmentally Displaced Populations Through A New Relocation Law, Jessica Scott Jan 2014

Move, Or Wait For The Flood And Die: Protection Of Environmentally Displaced Populations Through A New Relocation Law, Jessica Scott

Florida A & M University Law Review

No abstract provided.


¡Peligro! Si Usted No Entiende La Etiqueta, Busque A Alguien Para Que Se La Explique A Usted En Detalle: The Need For International And Domestic Implementation Of Bilingual Pesticide Labeling To Enhance Protection Of Migrant Farmworkers In Florida, Vanessa Calcano Thomas Jan 2014

¡Peligro! Si Usted No Entiende La Etiqueta, Busque A Alguien Para Que Se La Explique A Usted En Detalle: The Need For International And Domestic Implementation Of Bilingual Pesticide Labeling To Enhance Protection Of Migrant Farmworkers In Florida, Vanessa Calcano Thomas

Florida A & M University Law Review

No abstract provided.


In Memory Of Julie Chek, Maritza I. Reyes Jan 2014

In Memory Of Julie Chek, Maritza I. Reyes

Florida A & M University Law Review

No abstract provided.


On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness As Property, Imani Jackson Jan 2014

On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness As Property, Imani Jackson

Florida A & M University Law Review

Much maligned billionaire and former Clippers owner Donald Sterling ignited national race relations discourse after his companion, V. Stiviano, was connected to the leak of a conversation in which Sterling made anti-black comments. This author posits that Sterling's command that his companion Stiviano disassociate with people of color, particularly black people, is covertly and overtly racist. Covert racism is implicit in the nature of their conversation.

This paper will focus on Stiviano's identity and the violence white men inflicted upon her because of her race and the circumstances surrounding her relationship with Sterling. This author contends that Stiviano attempted to …