Black male, like Trayvon Martin, is a threat to his gated community. In the final section, we present implications for policy and practice that could change these patterns.
Where the murkiness of biopiracy as a general matter leaves little room for legal theory to anchor, the relative clarity of specific instances of biopiracy may provide sufficient factual information from which to develop appropriate legal theories. In particular, the way biopiracy has been used to misappropriate the traditional knowledge (TK) of the Shuar Nation of Ecuador suggests that there ...
2017] THE VIOLENT STATE 41 lumping of their experiences into one homogenized category masks the complexity of violence in each community and renders the dif-ferences between the communities invisible.3 Black women have a very specific history with the state and law enforcement that is not
DISMANTLING THE SCHOOL-TO-PRISON PIPELINE: Tools for Change Jason P. Nance* ABSTRACT The school-to-prison pipeline is one of our nation’s most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions
Venue is the “proper or a possible place for a lawsuit to proceed,” and its purpose is to ensure all possible fairness and convenience for parties to litigation, especially the defendant. Florida Statute § 47.011 provides three places where venue may be proper: the county where the defendant resides, the county where the cause of action accrued, and the county where the property in ...
15 ARTICLES AN EMPIRICAL ASSESSMENT OF CLIMATE CHANGE IN THE COURTS: A NEW JURISPRUDENCE OR BUSINESS AS USUAL? David Markell* & J.B. Ruhl† Abstract While legal scholarship seeking to assess the impact of litigation on
TRIAL AS TEXT mechanism for determining the truth.5 In the majority of criminal cases, the truth is already assumed from the start. While belief in the presumption of innocence is professed, the defendant is treated as if his guilt were assured.
LEADERSHIP & FOLLOWERSHIP As Joseph Rost put it. leadership is "an influence relationship among leaders and followers who intend real changes that reflect their mutual purposes.",5 Whether our interest is business, government.
WOMEN'S RIGHTS AS HUMAN RIGHTS - RULES, REALITIES AND THE ROLE OF CULTURE: A FORMULA FOR REFORM Berta Esperanza Herndndez-Truyor From the first dawn of life unto the grave,
COLUMBIA JOURNAL OF GENDER AND LAW women in the service of their countries and of humanity.4 INTRODUCTION This Article reflects upon Darren Rosenblum's provocative
Black women have a very specific history with the state and law enforcement that is not replicated among other women’s communities, and it is that unique situation that is the focus of this Article. Part I of this Article explores the historical roots of Black women’s interaction with the state. Part II of this Article is broken into two sections.
IRC SECTION 1031 HOLDING REQUIREMENT or partnership,10 the transfer of assets or stock in corporate reorga- nizations,1 the rollover of basis on the transfer and purchase of a personal residence, 2 and even the receipt of insurance proceeds in the case of an involuntary conversion.'3 In a manner different from any of the code provisions relevant to these situations, however,
1420 FLORIDA LAW REVIEW [Vol. 65 While the statute creates a substantive right to attorney’s fees, Florida Rule of Civil Procedure 1.442, adopted in 1972,28 provides a procedural mechanism for courts to enforce the substantive law. 29 Thus, the rule and the statute work in tandem to allow recovery. 30 However, instead of aiding in the speedy resolution of disputes before trial, the proposal ...
Family Limited Partnerships outside value of the partnership interest that she receives in return will disappear from her transfer tax base.7 The discounts for lack of control and lack of marketability reflect the
Limited liability is considered a “birthright” of corporations. The concept is entrenched in legal theory, and it is a fixed reality of the political economy. But it remains controversial. Scholarly debate has been engaged in absolute terms of defending the rule or advocating its abrogation. Though compelling, these polar positions, often expressed in abstract arguments, are associated ...
This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary ...
2013] CAN A PROFESSIONAL LIIMT LIABILITY CONTRACTUALLY UNDER FLORIDA LAW? 1355 his or her overall price for a project.22 However, “[i]f a contractor is unable to limit liability for certain losses through such a clause, he will likely price the job higher to insure against these losses.”23 If the clause is later determined to be unenforceable, the party who included it “may
This Article studies every commerce clause decision of the modem Supreme Court that involves the scope of governmental authority to regulate the use of natural resources. These decisions comprise what I will call the environmental commerce clause -- the Court's interpretation of the limits mandated by the commerce clause upon federal and state legislation protecting natural resources.
Mississippi River Stories both their physical and political magnitude: the Great Mississippi Flood of 1927, the Midwest Flood of 1993, and Hurricane Katrina in 2005.
Through sharenting, or online sharing about parenting, parents now shape their children’s digital identity long before these young people open their first email. The disclosures parents make online are sure to follow their children into adulthood. Indeed, social media and blogging have dramatically changed the landscape facing today’s children as they come of age.
A position of Federal Defender General should be created to enhance the public image of public defenders. Currently the adversarial system tends to favor prosecutors, making it hard for criminal defendants to obtain a fair trial. Semiotic theory shows how the criminal justice system reflects broader social discourse concerning crime. The defendants' rights are given symbolic representation but ...
2017] THE CULTURE OF GENDER/THE GENDER OF CULTURE 183 cooking, cleaning, and childcare.5 The social and economic hierarchy resulting from patriarchy places women in a role subordinate to men. In short, throughout history and perpetuated today through usage of the
MASCULINITIES AND FEMINIST LEGAL THEORY* Nancy E. Dowd** Feminist theory has examined men, patriarchy, and masculine characteristics predominantly as sources of power, domination, inequality, and
342 THE AMERICAN UNIVERSITY LAW REVIEW [Vol. 35:339 exemption of seniority systems from title VII.'0 Part II will explore judicial decisions that have addressed the seniority-title VII conflict. Part III will analyze and critique the recent decision of the Supreme
Spring 2011] ANCIENT LAWS, YET STRANGELY MODERN 475 I. BIBLICAL CONTRACT LAWS Provisions for contracts are found in both biblical laws and in a number of stories or narratives where the persons or parties involved
THE DEATH PENALTY AND DUE PROCESS IN BIBLICAL LAW RICHARD H. HIERS* This is the provision for the manslayer, who by fleeing there may save his life. If anyone kills his neighbor unintentionally without
EXCULPATORY LIABILITIES nonrecourse definition under sections 704(b), 752, and 1001. Upon a disposition of property encumbered by liabilities in excess of fair market value, the section
2014] THE FORGOTTEN ROLE OF CONSENT 723 issue during that time.9 Despite the attention devoted to the general subject of employment references, one issue that has received relatively little discussion is the issue of consent and the extent to which consent
Florida Tax Review of these practices.6 A perfect storm broke out, exacerbated by the world economic downturn and the need of revenue that did not skip even the richest economies. The G20, with some of the discussion supplemented by similar
345 ILLEGITIMATE HARM: LAW, STIGMA, AND DISCRIMINATION AGAINST NONMARITAL CHILDREN Solangel Maldonado ∗ Abstract No one would dispute that for most of U.S. history, nonmarital children
Masculinities scholarship is an essential piece of feminist analysis and of critical equality analysis. It requires that we "ask the man question" to further unravel inequalities. This symposium marks one of several movements toward examining and considering what masculinities scholarship can offer. In this introduction, I suggest a framework of masculinities analysis and describe its ...
Nearly twenty years ago in Hazelwood School District v. Kuhlmeier, the Supreme Court, in upholding the constitutionality of a public high school principal’s censorship of a student newspaper produced in a journalism class, held that “educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive ...
In the brutally hot summer of 2001, three prominent athletes lost their lives on playing fields across the country. Football players Korey Stringer of the Minnesota Vikings,' Rashidi Wheeler of Northwestern University, and Eraste Autin of the University Florida collapsed and died in summer practices. These practices are an annual rite that has preceded each football season since the sport was ...
Much attention has been paid to the significant underfunding of many state and local employee pension plans, as well as to efforts by states and cities to alleviate that underfunding by modifying the benefits provided to workers. Yet relatively little attention has been paid to the systemic causes of such financial distress—such as chronic underfunding that shifts financial burdens to future ...
2015] CONTENT-NEUTRAL AND CONTENT-BASED REGULATIONS OF SPEECH 2083 Taken separately and in conjunction, these five trends have disrupted any unambiguous hierarchy of rigor as between content-based and content-neutral judicial scrutiny.
Marijuana legalization is sweeping the nation. Recreational marijuana use is legal in eight states. Medical marijuana use is legal in thirteen states. Only three states maintain an absolute criminal prohibition on marijuana use. Many of these legalization initiatives propose to regulate marijuana in a manner similar to alcohol, and many titles are variations of the “Regulate Marijuana Like ...
OHIO STATE JOURNAL OF CRIKNAL LAW inhalation." Prior to the crime, Miller had been in and out of foster care because of his parents' substance addictions and abusive behavior.1 2 Miller himself regularly used illegal drugs and alcohol and had attempted suicide on four prior
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the struggle for justice in the civil rights march from selma to montgomery: the legacy of the magna carta and the common law tradition winston p. nagan 1 introduction
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2006 Admissibility of Co-Conspirator Statements in a