Law Commons^™

The American Dream After War: Veterans' Accessibility To A Higher Education Through The Post-9/11 Gi Bill, Maha Sadek

Public Interest Law Reporter

The Post-9/11 Veterans' Educational Assistance Act of 2008 ("Post-9/11 GI Bill") went into-effect in 2009. Since 2013, about 800,000 service men and women have taken advantage of their Post-9/11 GI Bill benefits, and 80% of GI Bill spending is attributed to the Post-9/11 GI Bill. Though educational benefits are provided, at varying rates to veterans who served after September 10, 2001, about 26% of veterans aged 25 or older have a bachelor's degree compared to 28% of the total population. There are several factors that contribute to veteran's attainability of a degree including adjusting to life outside of the military …

Reaping Whirlwind: How U.S. Interventionist Foreign Policies Created Our Immigration Crisis, Nubia Batista Willman

Public Interest Law Reporter

No abstract provided.

Juvenile Justice: Oppose H.R. 3697, The Criminal Alien Gang Member Removal Act, Elizabeth Rodriguez

Public Interest Law Reporter

No abstract provided.

The Transgender Military Ban: A Major Step Back For Lgbt Rights, Jon Santiago

Public Interest Law Reporter

No abstract provided.

The Economic Impact Of Immigration On The American Workforce, Michelle Tinajero

Public Interest Law Reporter

No abstract provided.

Immigration In The Trump Era: Can American Tourism Survive Without Immigrants?, Mercades White

Public Interest Law Reporter

No abstract provided.

Time For A Change: 20 Years After The "Working Group" Principles, Barbara Cox

Faculty Scholarship

This article discusses three aspects of the Association of American Law Schools (AALS) Section on Sexual Orientation and Gender Identity’s history. First, it reviews the section’s activities at the 1992 AALS Annual Meeting. Second, it discusses how the AALS implemented its Bylaw and Executive Committee Regulations that prohibit discrimination on the basis of sexual orientation (and now gender identity after a recent revision). Finally, it encourages the AALS to discontinue use of some of the guidelines adopted in the early 1990s to guide its interactions with religiously affiliated law schools when conflicts arise concerning allegations of sexual orientation or gender …

Relative Consent And Contract Law, Nancy Kim

Faculty Scholarship

What does it mean to consent? Consent is an essential component of contracts, yet its part in contract law is obscure. Despite its importance, there is no independent doctrine of consent; rather, it plays a key, but ill-defined role in assessing doctrines such as assent or duress. This Article addresses this significant omission in contract law by disassembling the meaning of contractual consent into three conditions: an intentional act or manifestation of consent, voluntariness and knowledge. This Article argues that consent can only be understood relative to these three conditions. Accordingly, consent is not merely a conclusion but a process …

Masthead, Volume 67 Issue 4 (2017)

Case Western Reserve Law Review

No abstract provided.

The Anti-Deference Pro-Preemption Paradox At The U.S. Supreme Court: The Business Community Weighs In, Catherine M. Sharkey

Case Western Reserve Law Review

No abstract provided.

Mythbusting: Why The Critics Of Litigation Finance Are Wrong, Roni Elias

Florida A & M University Law Review

Critics of ALF contend that such financing methods create various problems: they violate well-established principles of common law about the relationship between litigants and third-parties; they are tantamount to usurious loans; and they threaten the integrity of the judicial system by making it easier for litigants with few resources to bring frivolous lawsuits.

This article discusses both sides of this debate and concludes that the most prevalent criticisms of ALF are based upon misconceptions and myths about the nature of ALF transactions and of the interests of the parties involved in those transactions. When ALF is carefully considered, it is …

Editor's Note

Florida A & M University Law Review

No abstract provided.

Table Of Contents

Florida A & M University Law Review

No abstract provided.

A Historical Account Of The Internationalization Of Invest Disputes: What The Global South Should Know When Negotiating Bilateral Investment Treaties, Felix O. Okpe

Florida A & M University Law Review

Under international law, and perhaps in the context of the ICSID Convention, it is fair to state that; the potential for investment disputes is more likely with respect to foreign investments hosted in the global south. In most situations when investment disputes arise, foreign investors often allege that an act that includes regulatory initiatives of the host state or an omission attributable to the host state, has occasioned a violation of applicable investment agreement. Sometimes the basis for the alleged breach results from underlying contractual claims by the foreign investor. Thus, investment claims have created the intellectual foundation for a …

Winning The Battle But Losing The War: Towards A More Consistent Approach To Prevailing Party Fee Shifting In The Contractural Context, John R. Schleppenback

Florida A & M University Law Review

As a general matter, history has not been very kind to losers. In the turmoil of the Middle Ages, loss on the battlefield could also mean the looting of one's property, the sacking of one's home, and potentially even the assault of one's spouse. The nineteenth century was the era of "to the victors belong the spoils," meaning that an electoral win allowed the prevailing political party a complete monopoly on political appointments and government contracts to the exclusion of the loyal opposition. Even today, professional athletes would sooner face anonymity than defeat on the playing field, living by the …

Taking It To The Bank: Creating A New Constitutional Standard And Using Blue Carbon Banking To Compensate The Miccosukee Tribe For The Federal "Taking" Of Their Tribal Lands, Amy Judkins

Florida A & M University Law Review

The typical remedy for a property owner whose property interests have been diminished from government regulations—as is the case with the federal government's regulation of the Miccosukee's tribal lands—would be compensation sought under the Fifth Amendment of the United States Constitution. The last clause of the Fifth Amendment— the Takings Clause—provides that "private property [shall not] be taken for public use, without just compensation." The Supreme Court has explained that the purpose of the Takings Clause is to prevent the government from "forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by …

Table Of Contents

Florida A & M University Law Review

No abstract provided.

A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Areto A. Imoukuede, Jim Wilets

Journal Publications

This article argues that the uniquely adversarial nature of the United States litigation system, rooted in the medieval English system of "trial by battle," has replicated itself in almost all aspects of American society, distinguishing the United States from even its common law counterparts that shared the genesis of their legal systems in English "trial by battle." This "trial by battle" is often characterized in the context of speech by terms such as the 'marketplace of ideas," or in the context of economics by terms such as "the law of the jungle.," Even resolution of basic Constitutional concepts are subject …

The Right To Bear Arms... And Lesson Plans, Ryan Saboff

Florida A & M University Law Review

This Article will argue that due to the unique characteristics of mass school shootings, including their swiftness, unpredictability, and at times advanced planning and preparation, that American society can no longer simply rely on law enforcement to effectively stop or even prevent future acts of mass violence from occurring on our schools. Rather, legally licensed and armed teachers and school personnel are actually the most effective deterrent to mass school shootings. The primary focus of this Article will be schools kindergarten through twelfth grade (K-12), as they comprise of the majority of mass shootings in the United States and typically …

With The Best Of Intentions: First Amendment Pitfalls For Government Regulation Of Signage And Noise, Kara Consalo

Journal Publications

A basic tenant of American jurisprudence is the protection of speech under the First, Fifth, and Fourteenth Amendments to the United States Constitution, as well as sections 4 and 9 of Article I of the Florida Constitution. While the extent of free speech is not limitless, this Article demonstrates that government attempts to regulate speech through regulation of signage and noise has been significantly curtailed by both federal and state courts in recent years. Further, a constitutional challenge to a government regulation will often be reviewed de novo as a pure question of law and is therefore subject to a …

Males As Victims Of Sex Trafficking In East Tennessee, Cheryl Page

Journal Publications

Public awareness of the human trafficking epidemic in East Tennessee has been on the rise in recent years. Local task forces have been formed, and citizens are more aware of the specific issues involving commercial sexual exploitation. However, the tendency has been to focus on female victims, as females are more commonly victims in human trafficking cases. What are the issues faced by males who are trafficked, assaulted and abused for commercial sexual exploitation? Males make up nearly 20% of all human trafficking victims in Tennessee and nationwide. Based upon national numbers, a child is sold for commercial sex every …

Gun Rights And The New Lochnerism, Areto A. Imoukuede

Journal Publications

This Article examines the Supreme Court's recent Second Amendment cases as applications of the same libertarian bias that has undermined constitutional law's fundamental rights doctrine. The concept of a libertarian bias that is based in a New Lochnerism was previously introduced in both The Fifth Freedom and The New Due Process. The analysis here demonstrates that the recently revised doctrine regarding the Second Amendment and gun rights is driven by the current Supreme Court ("Court") hostility towards government regulation in a manner that is akin to what was seen during the Lochner Era. Regrettably, this Article is timely and is …

Beyond Borders: Martin Luther King, Jr., Africa, And Pan Africanism, Jeremy I. Levitt

Journal Publications

This modest essay was a work of love in honor of Henry J. Richardson III, my dear brother, friend, mentor, and father in international law. Hank is universally recognized as the Dean of Black international law scholars and lawyers in the United States (U.S.), Africa, and beyond. He has single-handedly mentored three generations of international lawyers, influenced three generations of international legal scholarship, and established the Black International Tradition (BIT), which "stretches back to the very origins of our nation, preceding even the Constitution." His works on Dr. Martin Luther King Jr.'s (King) leadership, authority, and ministry as a global …

Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns

Journal Publications

Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of these burdens at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry remain elusive and underinclusive; a recent book, Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016), seeks to fill that void by providing an overview of the landscape of …

Contemporary Teaching Strategies: Effectively Engaging Millennials Across The Curriculum, Renee N. Allen, Alicia Jackson

Journal Publications

American Bar Association ("ABA") Standard 314, Assessment of Student Learning, requires law schools to "utilize both formative and summative assessment methods in its curriculum to measure and improve student learning and provide meaningful feedback to students."' This article will connect multiple formative assessments to Bloom's taxonomy to demonstrate how law teachers can transform and enhance student learning, while promoting key steps in the self-regulated learning cycle. First, it is imperative law teachers understand the education background and social landscape that our students, mostly Millennials, bring to law school. We can acknowledge that our Millennial students are different, but what does …

Congress Did Not Give The President Unfettered Discretion To Exclude, Maritza I. Reyes

Journal Publications

No abstract provided.

Nonsense You Say, Nicholas W. Allard

Faculty Scholarship

No abstract provided.

Ab(Ju)Dication: How Procedure Defeats Civil Liberties In The War On Terror, Susan Herman

Faculty Scholarship

No abstract provided.

The Divide - Press Release, Sally Brown

Promotion

No abstract provided.

Gibney V. Evolution Marketing Research, Llc, Justin Offermann

NYLS Law Review

No abstract provided.