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Articles 9991 - 10020 of 10551
Full-Text Articles in Law
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 …
Cracking The Quotas: The 1948 New York Fair Educational Practices Act And The Jewish Quest For Color-Blindness, Miyuki Kita
Cracking The Quotas: The 1948 New York Fair Educational Practices Act And The Jewish Quest For Color-Blindness, Miyuki Kita
FIU Law Review
This article explores how vigorously Jews pushed to enact the 1948 New York Fair Educational Practices Act to fight anti-Jewish quotas in higher education. The Act was the first state-level legislation to prohibit higher educational institutions from excluding, limiting or otherwise discriminating against persons seeking admission as students because of race, religion, creed, color, or national origin. Seeking a way to overcome discrimination in university admissions, Jews sought to combat it by promoting racially and religiously neutral admission procedures within the broad context of the expansion of opportunities in higher education after World War II instead of directly attacking antisemitism. …
How To Teach A Course On Land Use And Anti-Jewish Discrimination, Michael Lewyn
How To Teach A Course On Land Use And Anti-Jewish Discrimination, Michael Lewyn
FIU Law Review
In 2022, I was asked to teach a one-week mini-course within a broader course on “Structural Barriers and the Pursuit of Equity,” a course focusing on various forms of structural discrimination The course is typically taught by over a dozen professors from various parts of Touro University, each of whom teaches for a week on a different topic. I chose to teach on issues related to land use law (because my scholarship focuses on that area) and in particular how land use law has been used by and against traditionally observant Jews (because that is the religious tradition I am …
Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi
Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi
FIU Law Review
In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however, particularly the social and political upheaval over protests of the war in Gaza, have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. All this has raised questions about whether the National Strategy's assumptions about public attitudes, the viability of antisemitism awareness initiatives, and the possibility of whole-of-society agreement on countering antisemitism …
Sabbath Accommodations As A Civil Right: History, Title Vii, And The Path To Groff V. Dejoy, Isaac May
Sabbath Accommodations As A Civil Right: History, Title Vii, And The Path To Groff V. Dejoy, Isaac May
FIU Law Review
In Groff v. DeJoy, which concerned a Christian Sabbath observer, Jewish groups were vindicated by the Court’s overturning Hardison v. Transworld Airlines and strengthening Title VII’s protections for religion, particularly around employees’ Sabbath observance. This article positions Groff within the history of Jewish efforts to secure employment protections for Sabbath worship. Efforts to secure Sabbath accommodations were an outgrowth and expansion of early twentieth-century efforts to ensure Jews were protected by public accommodation laws and a product of attempts by litigators such as Leo Pfeffer to end mandatory Sunday closing laws in the mid-twentieth century. Sabbath accommodations became a critical …
Right Not To Work: Unions And Title Vii, Seth Oranburg
Right Not To Work: Unions And Title Vii, Seth Oranburg
FIU Law Review
This article explores how Title VII's mandate for religious accommodation conflicts with union seniority rights, as revealed in Groff v. DeJoy. It argues that labor unions often oppose Sabbath accommodations not out of hostility to religion, but to protect bargained-for entitlements. The piece highlights a growing legal tension: whether co-worker burdens count as “undue hardship” under Title VII—a question with major implications for religious liberty in unionized workplaces.
How Much Antisemitism Is There In The United States? Incidences Vs. Impacts, Ira Sheskin
How Much Antisemitism Is There In The United States? Incidences Vs. Impacts, Ira Sheskin
FIU Law Review
The Anti-Defamation League (ADL) (www.adl.org), founded in 1913, is one of the nation's premier civil rights organizations and was formed to stop the defamation of the Jewish people and to secure justice and fair treatment to all. Every year since 1979, the ADL has published an Audit of Antisemitic Incidents in the US (https://www.adl.org/resources/report/audit-antisemitic-incidents-2023). The Audit receives significant publicity and is important in communicating the problem of serious antisemitic incidents and the year-to-year increases in such incidents. But, based on surveys of American Jews, the Audit underestimates the extent to which American Jews are being impacted by antisemitism. Survey data …
"Replace The Jew"--The Visible Invisibility Of American Antisemitism And Spoken Beliefs, Kerri Stone
"Replace The Jew"--The Visible Invisibility Of American Antisemitism And Spoken Beliefs, Kerri Stone
FIU Law Review
This is an essay that attempts to provide a contemporary take on antisemitism from the perspective of a professor of employment discrimination.
Exploring The Intersectionality Of Antisemitism And The Law: A Case Study Of The Crown Heights Riots And Aftermath, Stephen Sussman, Carole Huberman
Exploring The Intersectionality Of Antisemitism And The Law: A Case Study Of The Crown Heights Riots And Aftermath, Stephen Sussman, Carole Huberman
FIU Law Review
Antisemitism does not exist in isolation; it often intersects with other forms of discrimination and prejudice. Examining these intersections is crucial to understanding the broader dynamics of discrimination and developing effective strategies. Antisemitism and racism often intersect in complex ways. Historical examples include the portrayal of Jews as racially inferior or “other” during periods of heightened racial tension. This intersection has implications for policies related to hate crimes, racial profiling, and equal protection under the law. This research examines the complex interplay between antisemitism and the legal system, using the Crown Heights Riots of 1991 as a focal point. The …
Nil Collectives And The Disadvantage Dilemma: Disparities And Challenges In Collegiate Athletics, Arianna Garcia
Nil Collectives And The Disadvantage Dilemma: Disparities And Challenges In Collegiate Athletics, Arianna Garcia
FIU Law Review
For a long time, the National Collegiate Athletic Association (NCAA)’s principle of amateurism, the concept that student-athletes should not profit from their name, image, and likeness (NIL) while competing in collegiate athletics, was strongly upheld. However, it quickly became a challenge for the NCAA to defend its principle of amateurism after thousands of advocates, including universities and student-athletes themselves, began to criticize the NCAA. Finally, after decades of fighting for more equitable rights for student-athletes, the NCAA made a change to its NIL Policy as a result of two major landmark cases. The NCAA, however, now faces another challenge amidst …
Introduction, Sydney Gass
Climate Finance Needs More Market Discipline, Richard Morrison
Climate Finance Needs More Market Discipline, Richard Morrison
FIU Law Review
The market for climate and sustainability-driven products and services is potentially very large and thus attractive to many investors and entrepreneurs. However, its current reliance on public subsidies and capital flows is a significant weakness that often goes unacknowledged.