Other Law Commons^™

Publisher

FIU Law Review

No abstract provided.

The German Air Transport Tax: A Treaty Override Of International Law, Uwe M. Erling

FIU Law Review

No abstract provided.

An Act Of Decryption Doctrine: Clarifying The Act Of Production Doctrine’S Application To Compelled Decryption, Joseph Jarone

FIU Law Review

No abstract provided.

Above The Cloud: Enhancing Cybersecurity In The Aerospace Sector, Scott J. Shackelford, Scott Russell J.D.

FIU Law Review

No abstract provided.

Vanished Planes, Robert M. Jarvis

FIU Law Review

No abstract provided.

National Regulation Of Private Suborbital Flights: A Fresh View, Rafael Moro-Aguilar

FIU Law Review

No abstract provided.

Banning The Box: Restricting The Use Of Criminal Background Checks In Employment Decisions In Spite Of Employers’ Prerogatives, Ingrid Cepero

FIU Law Review

No abstract provided.

The Sky Is The Limit: Uavs By Private Actors And The Implications To Common-Law Privacy, Iva Todorova

FIU Law Review

No abstract provided.

Reforming The Law Of Reputation, Frank Pasquale

Faculty Scholarship

No abstract provided.

The Feminist Jurisprudence Of Jack Weinstein, Anita Bernstein

Faculty Scholarship

No abstract provided.

Religion And Marriage Equality Statutes, Nelson Tebbe

Faculty Scholarship

No abstract provided.

Our Uneasiness With Police Unions: Power And Voice For The Powerful?, Marcia L. Mccormick

All Faculty Scholarship

The police shooting of Michael Brown, and the other recent police shootings of black men and boys, gave rise to many important discussions about race, inequality, power, and policing. But one issue not as widely discussed was the the role and propriety of police unions. This Essay describes the history and uniqueness of public sector unions, such as police unions, and why they are both useful and problematic.

This Essay describes ways police unions might be used to help solve the current problems, such as helping to connect officers with the community. The Federal and State governments have provided recommendations …

Called To Serve: Five Habits Of Effective Board Members, Dana M. Malkus

All Faculty Scholarship

In any given year, a single nonprofit organization has the potential to positively impact hundreds of lives. Given their training, passion, and community standing, young lawyers are often a great asset for such organizations. At the same time, nonprofit organizations can provide excellent training and networking opportunities for young lawyers.

With a relatively modest investment of time, you can provide the kind of board service that brings substantial impacts for our communities. Whether you currently serve on a board or are simply considering doing so in the future, developing the following five habits will help you more effectively advance your …

Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson

Brooklyn Journal of International Law

The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …

The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites

Brooklyn Journal of International Law

On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.

This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …

Retroactivity In The 1970 Unesco Convention: Cases Of The United States And Australia, Katarzyna Januszkiewicz

Brooklyn Journal of International Law

As the current trend of returning looted artifacts to their countries of origin continues to grow, the need for stricter law enforcement and a reevaluation of the 1970 UNESCO Convention and its application has become apparent. Recently, museums and national governments worldwide have engaged in a repatriation dialogue through mutual cooperation with foreign institutions, rather than international litigation, which is both a long and expensive process. This is a result of both a shifting public opinion towards museums, and the growing awareness of the countries of origin regarding the value of their looted cultural heritage. Looted artifacts continue to flood …

Holding Banks Liable Under The Anti-Terrorism Act For Providing Financial Services To Terrorists: An Ineffective Legal Remedy In Need Of Reform, Jimmy Gurulé

Journal Articles

Anti-terrorism Act (“ATA”), 18 U.S.C. § 2333(a), provides a private right of action for any United States national injured by an act of international terrorism. The purpose of the statute is to deter acts of terrorism by punishing terrorists and their financial supporters “where it hurts them most: at their lifeline, their funds.” However, the threat of a large civil monetary judgment is unlikely to have a deter- rent effect on foreign terrorists or terrorist organizations that “are unlikely to have assets, much less assets in the United States.” As a result, ATA lawsuits have been filed almost exclusively against …

High Society: Washington State’S Recreational Cannabis Law And Its Effects On Child Custody And Visitation Rights, Dana Petersen

Seattle Journal for Social Justice

No abstract provided.

Richmond Law Magazine: Winter 2015

Richmond Law Magazine

Features:

Traces of Ourselves

A Librarian and His Muse

The Long Game

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Faculty Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …