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Articles 10141 - 10170 of 10550
Full-Text Articles in Law
Amending Rule 15.3 Of The Mississippi Rules Of Criminal Procedure To Fully Capture Boykin V. Alabama And Acknowledge Systemic Coercion Indigent Defendants Face In Mississippi, Sarina P. Larson
MC Law Review
The U.S. Constitution—not a state—is what governs questions of constitutionality. It follows that for a state court to make a constitutionally sufficient record of a defendant’s waiver at their plea, the complete interpretation as to sufficiency by the United States Supreme Court must be followed. This Comment stands for the proposition that when Rule 15.3 of the Mississippi Rule of Criminal Procedure was adopted in 2017, it misinterpreted the call of the United States Supreme Court in Boykin v. Alabama, 395 U.S. 238 (1969). Ultimately, this Comment suggests amendments to Rule 15.3 that would place it in compliance with Boykin, …
College Courts: Administrative Abuse Of Title Ix And Its Consequences, Noah Bloomberg
College Courts: Administrative Abuse Of Title Ix And Its Consequences, Noah Bloomberg
MC Law Review
This article examines the contentious application of Title IX in addressing campus sexual assault, tracing its evolution through recent presidential administrations. Initially designed to combat sex-based discrimination in education, Title IX has been expansively interpreted to regulate university adjudication of sexual violence cases. Policies introduced during the Obama administration mandated quasi-judicial procedures, sparking debates over fairness and due process, while Trump-era reforms shifted focus toward protecting the rights of accused students, prompting criticism from victims' advocates. The article argues that these approaches have overstepped Title IX's intended purpose, burdening universities and creating systemic challenges for survivors and the accused alike. …
Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann
Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann
FIU Law Review
Conventional narratives tend to represent the post-World War II international criminal proceedings as a men’s project, thus obscuring the many women who participated, as lawyers, journalists, analysts, interpreters, witnesses, and defendants. Indeed, two women stood trial before Nuremberg Military Tribunals. This article examines the case of the only woman found not-guilty: Inge Viermetz, who had been an administrator at Lebensborn, the Nazi SS adoption and placement agency. The article outlines the prosecution’s child-taking case against Viermetz, as well as her successful gendered self-portrayal as a conventionally feminine caregiver. With references to Professor Megan A. Fairlie, at whose memorial symposium it …
Legalist Realism, Mark A. Drumbl
Legalist Realism, Mark A. Drumbl
FIU Law Review
This article explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of 'legalist realism'. Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and …
Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Yvonne M. Dutton, Milena Sterio
Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Yvonne M. Dutton, Milena Sterio
FIU Law Review
No abstract provided.
Professor Megan A. Fairlie's Scholarship On The Relationship Between The United States And The International Criminal Court, Jennifer Trahan
Professor Megan A. Fairlie's Scholarship On The Relationship Between The United States And The International Criminal Court, Jennifer Trahan
FIU Law Review
No abstract provided.
States Should Legalize Online Casinos To Discourage Consumers From Playing At Offshore Cryptocurrency Casinos, Generate Tax Revenue, And Increase Consumer Protection, Cole Clark
FIU Law Review
No abstract provided.
Is Illegality A Defence To Restitutionary Claims?, John D. Mccamus
Is Illegality A Defence To Restitutionary Claims?, John D. Mccamus
Osgoode Hall Law Journal
The traditional English jurisprudence granting restitution of benefits conferred under agreements rendered unenforceable because of illegality was unsatisfactory. As a general principle, it held that there was a presumption against restitutionary relief for benefits conferred under such agreements (the Holman principle). This principle was subject to a series of exceptions granting relief to parties who were innocent of fault with respect to the illegal conduct or, at least, less at fault than the defendant. The main difficulty with this approach was that it denied relief in cases where, though the plaintiff was implicated to some extent in the illegality as …
Examining The Presence And Effects Of Coherence And Fragmentation In The Gulf Of Maine Fishery Management Network, Derek A. Katznelson, Antonia Sohns, Dongkyu Kim, Evelyn Roozee, William Donner, Andrew M. Song, Jasper R. De Vries, Owen Temby, Gordon M. Hickey
Examining The Presence And Effects Of Coherence And Fragmentation In The Gulf Of Maine Fishery Management Network, Derek A. Katznelson, Antonia Sohns, Dongkyu Kim, Evelyn Roozee, William Donner, Andrew M. Song, Jasper R. De Vries, Owen Temby, Gordon M. Hickey
School of Earth, Environmental, & Marine Sciences Faculty Publications
Natural resource management networks cohere due to mutual dependencies and fragment, in part, due to the perceived risks of interaction. However, research on these networks has tended to accept coherence a priori rather than problematizing dependence, and few studies exist on interorganizational risk perception. This article presents the results of a study operationalizing these concepts and measuring the distribution of three types of dependence (capital, legitimacy, and regulatory) and two types of perceived risk (performance and sanction) among nearly fifty stakeholder groups and organizations participating in the management of fisheries in the binational Gulf of Maine. The analysis reveals an …
The Kincare Craze In Child Protection: Romanticism, Subterfuge, And Racial Separatism, James G. Dwyer
The Kincare Craze In Child Protection: Romanticism, Subterfuge, And Racial Separatism, James G. Dwyer
FIU Law Review
A deluge of federal and state legislation in recent years aims to channel maltreated children removed from parents’ custody into kin placements, responding to advocates for parents who claim this is categorically better for children than entering or remaining in foster care with biologically unrelated caregivers. The claim has romantic appeal, sufficient to beguile legislators. But the research on outcomes for children in different post-removal placements does not support it. In reality, motivations other than child welfare underlie the advocacy for this legislation. The core aim is to evade federal child-welfare mandates adopted in the 1990s and long condemned by …
Policy And Poppycock In Proximate Cause Cases A/K/A Scope Of Liability And Starting To Make Sense, Thomas Galligan
Policy And Poppycock In Proximate Cause Cases A/K/A Scope Of Liability And Starting To Make Sense, Thomas Galligan
FIU Law Review
Studying proximate cause is like trying to decode mumbo jumbo. Courts continue to use words like direct, remote, natural and probable, foreseeable, hindsight, and intervening and superseding causes, and they make them sound like tests. They make them sound like law. Furthermore, as one test is debunked and another appears, courts continue to apply the debunked tests. They just pile on a new one as well. Then, they calm themselves and say that proximate cause is all a matter of policy. After all, Leon Green said that; William Prosser said that. It must be true. But courts fail to ever …
Interesting Intersections Of Immigration And First Amendment Law, David Hudson, Maximiliano Gluzman
Interesting Intersections Of Immigration And First Amendment Law, David Hudson, Maximiliano Gluzman
FIU Law Review
This essay identifies four areas of immigration law in which pressing First Amendment claims play a prominent and dominant role. The first area involves denial of admission or deportation based on pure or symbolic speech. At various times, Congress has enacted grounds of inadmissibility and deportability that squarely fall within the purview of the First Amendment. The second area involves so-called retaliatory deportations, when the government initiates or accelerates removal proceedings against a noncitizen who is in violation of immigration laws allegedly for the non-citizen’s activism, protest activity, or other First Amendment speech or expressive conduct. The third area involves …
Dispute System Counter-Design, Andrew B. Mamo
Dispute System Counter-Design, Andrew B. Mamo
FIU Law Review
This article introduces the concept of “counter-design” as a practice of challenging and reimagining dispute resolution systems from the ground up and from the inside out. Counter-design provides a critical response to traditional Dispute System Design (DSD) by positing that designs necessarily privilege certain perspectives and interests over others, even when designers follow best practices and ethical principles. Through practices of counter-design, individuals interact with dispute resolution systems, not merely to seek resolutions within the existing framework, but to actively challenge and reshape these systems from within. This concept underscores the dynamics of power, inclusion, and representation within DSD. Counter-design …
Individual Academic Freedom And The Current Forces Of Economics And Technology, George R. Wright
Individual Academic Freedom And The Current Forces Of Economics And Technology, George R. Wright
FIU Law Review
There are always a number of cultural constraints on higher education institutions. Such cultural constraints always matter. But sometimes, as in our day, such constraints are especially severe. These constraints are broadly economic; more specifically market-based; and technological in nature. They operate on public and private universities and on law schools in particular. Our concern herein is for such constraints in the many cases in which a faculty member’s speech on some matter of public interest arguably impairs a legitimate interest of the employer-university or law school. The weight of the educational institution’s interests in such academic speech cases is, …
The Interchangeable-Part Structure Of Food And Drug Law, Adam I. Muchmore
The Interchangeable-Part Structure Of Food And Drug Law, Adam I. Muchmore
FIU Law Review
This Article demonstrates that nested tiers of interchangeable parts serve as the foundation for the regulatory programs administered by the U.S. Food and Drug Administration. Core interchangeable parts used in FDA-administered programs include product categories, prohibitions on adulteration and misbranding, agency-registration requirements, current good manufacturing practices, product standards, marketing authorization requirements, postmarket requirements, and user fees. In each of these areas, Congress or the FDA has engaged in interchangeable-part lawmaking (IPL). IPL occurs when a government takes a portion of its law in one subject area and uses it as a model for its own law in another subject area. …
Clarifying Concreteness: Statutory Grants Of Standing After Spokeo And Transunion, Naomi Eid
Clarifying Concreteness: Statutory Grants Of Standing After Spokeo And Transunion, Naomi Eid
FIU Law Review
Article III limits the federal judicial power to deciding “cases” and “controversies,” demanding that a plaintiff suffer real, concrete, de facto harm to sue in federal court. In Spokeo and TransUnion, the Supreme Court clarified the outer limits of concreteness by making clear to plaintiffs that an injury in law is not an injury in fact. The Court largely grounded the decisions in the separation of powers, setting a tone that appears less deferential to Congress in its creation of statutory rights of action. A plaintiff does not automatically satisfy the injury-in-fact requirement whenever Congress grants a right and purports …
Carried Interest: Recent Tax Holding Envisions Need For New Legislation, Patrick Lucas
Carried Interest: Recent Tax Holding Envisions Need For New Legislation, Patrick Lucas
FIU Law Review
In the financial world, carried interest represents the share of the profits of a private equity fund allocated to its manager which is disproportionate when compared to the manager’s relative capital contribution. On May 3, 2023 the Tax Court issued its memorandum opinion in ES NPA Holding, LLC v. Commissioner. The decision quickly became popularized as providing reassurance to sponsors of private equity funds that they will rarely, if ever, realize income as a result of the issuance of a profits/carried interest (the so-called front-end issue for carried interest). The so-called back-end issue is how the income arising from a …
Artificial Intelligence: Catalyst For New Policies Or A New Wave Of Design Piracy?, Blagovesta Leroy
Artificial Intelligence: Catalyst For New Policies Or A New Wave Of Design Piracy?, Blagovesta Leroy
FIU Law Review
The absence of adequate intellectual property protection for fashion designs in the U.S.A. not only undermines the creativity and livelihoods of designers but also fosters the fast fashion industry, contributing to global resource unsustainability and human rights concerns in overseas manufacturing facilities. As Artificial Intelligence (“AI”) advances rapidly, there is a growing concern that its deployment in the fashion industry could accelerate these issues. This paper explores the impact of AI on the fashion industry, highlighting the shortcomings of the existing U.S. intellectual property framework in protecting designers from AI-driven design replication and counterfeiting. Drawing insights from the EU design …
Foreword, Diane Klein Kemker
The Legitimacy Of Israel: A Sociological Perspective, Luis Fleischman
The Legitimacy Of Israel: A Sociological Perspective, Luis Fleischman
FIU Law Review
The article focuses on the foundations of Israel’s legitimacy. It explores the issue of Israel’s legitimacy from the viewpoint of the sociology of law and the sociology of politics. It aims to provide perspective and nuance to some highly problematic and inherently anti-Zionist arguments raised by the Palestinian narrative and academic paradigms, such as "settler colonialism" and reductionist manichean theories of conflict.
Should Hate Speech Be Criminalized? Lessons From The Canadian Experience In R V. Zundel And R V. Keegstra, Kenneth Grad
Should Hate Speech Be Criminalized? Lessons From The Canadian Experience In R V. Zundel And R V. Keegstra, Kenneth Grad
FIU Law Review
There is a global trend toward increased use of criminal law to combat hate speech. In assessing this trend, one should be mindful of the experience of countries that have long had criminal laws targeting harmful expression. Canada is one such country. Using the leading Canadian cases of R v. Zundel and R v. Keegstra, this article argues that the Canadian experience suggests the criminal law is a flawed mechanism for countering harmful expression. This is so for at least three reasons. First, hate-speech prosecutions may undermine the group dignity and sense of inclusion of minority groups. Second, criminal laws …
White Christian Nationalism & Antisemitism: A True Threat, Doron Kalir
White Christian Nationalism & Antisemitism: A True Threat, Doron Kalir
FIU Law Review
The ideology of Jewish hatred, also known as antisemitism, has deep roots. In the United States, antisemitism has known a long and complicated history; in the early 1940s, it reached peak levels. Now, more than 80 years later, antisemitism again rears its ugly head, aiming to end the Golden Age of American Jewry. The exclusionary ideology aiming to obliterate the wall separating Church and state, and to institutionalize Christian identity and values into the public square, also known as White Christian Nationalism, has deep roots. In the United States, it had a long and complicated history; by the mid 1920s, …
Never Again: Zionism And The Jewess, Rona Kaufman
Never Again: Zionism And The Jewess, Rona Kaufman
FIU Law Review
The State of Israel was established, in part, to ensure that Jews would never again be killed with impunity. More specifically, the State of Israel was established to ensure that never again would Jewish women and girls be systematically raped, assaulted, violated, and mutilated in a pogrom-like attack against the Jewish people. It is well known that the sweep of history connects Jews with the land of Israel from ancient times to today and serves as an important foundation for political Zionism. Less understood is that the atrocities against Jewish women and girls, committed over thousands of years and across …