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On the \u3cem\u3eWhy\u3c/em\u3e of Same-Sex Marriage in Cuba
Get PDFCuba is expected to revise its family code soon and the legal availability of marriage to a person of the same sex will be among the anticipated revisions. This essay pushes past the assumption that same-sex marriage operates as an obvious item along any nation’s progressive path, or a universally desirable and sensible legal advance, and inquires as to the why. In a country that is markedly less religious than its neighbors, has a low marriage rate accompanied by a comparatively high divorce rate, and socializes resources such as health care such that they do not depend on marital ties, why is same-sex marriage a legal objective
Feminist Legal Theory and Stone’s Panes of the Glass Ceiling
Get PDFThis comprehensive analysis, divided into three parts, navigates the intricate tapestry of discrimination against women in the American workplace. Part I elucidates the historical and theoretical foundations, spanning feminist theory evolution, the modern women\u27s movement, and the trajectory of women\u27s labor force participation. In Part II, the discussion delves into the critical insights of Professor Kerri Stone\u27s groundbreaking work, Panes of the Glass Ceiling, connecting each identified glass pane to feminist theory. Part III introduces a novel perspective by appending a 10th pane to the glass ceiling: Patriarchal Violence. This addition underscores the pervasive impact of gender-based violence on women\u27s professional trajectories, offering a holistic framework to address and eradicate systemic barriers to equality
Transparency Privacy Paradox in Open Data Exchange and Algorithms
No full textLorayne Finol Romero is Associate Professor of Law at Universidad Central de Chile. She has received her appointment as an FIU College of Law Courtesy Research Professor until March 24, 2023 to conduct research on “Transparency Privacy Paradox in Open Data Exchange and Algorithms”. To work on her research, she is a Santander International Mobility Scholarship grantee.https://ecollections.law.fiu.edu/visiting-researcher-profiles/1043/thumbnail.jp
Kids, Cases, and Consequences: Child Sexual Abuse Reported to the Criminal Justice System
No full textDr. Stephanie Block from UMass Lowell presents her work Kids, Cases, and Consequences: Child Sexual Abuse Reported to the Criminal Justice System.https://ecollections.law.fiu.edu/faculty-workshops/1069/thumbnail.jp
A Primer on the Jurisdiction of the U.S. Courts of Appeals
No full textThis primer is a brief introduction to the complexity and nuance in the subject-matter jurisdiction of the U.S. courts of appeals. It examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals. Disciplineshttps://ecollections.law.fiu.edu/faculty_books/1307/thumbnail.jp
Cryptocurrency Regulation: A Primer
No full textThis incisive and thought-provoking book examines the regulation of cryptocurrency trading by state and federal financial services regulators, in order to understand why these statutes proved to be ineffective in regulating this new asset class. Furthermore, it analyzes and evaluates pending proposals in Congress for more effective cryptocurrency regulation.https://ecollections.law.fiu.edu/faculty_books/1308/thumbnail.jp
Securities and Exchange Commission vs. Kim Kardashian, Cryptocurrencies and the Major Questions Doctrine
No full textThe SEC has brought some highly publicized enforcement actions against Kim Kardashian and other celebrity social media influencers who received undisclosed payments for their endorsement of cryptocurrencies. This Article describes those cases and analyzes whether the SEC exceeds its authority under the Constitutional “major questions doctrine” recently applied by the Supreme Court in West Virginia v. EPA. That doctrine prohibits a federal agency from regulating activities that raise a major question that Congress, rather than the agency, must resolve. Such a question is one in which there is major political and economic interest and over which the agency has no clear authority from Congress to act. As this Article relates, the cryptocurrency market is of major political and economic interest to millions of individuals and businesses. It is also the subject of intense policymaking efforts in the Executive Branch and Congress. This Article further analyzes whether Congress granted the SEC clear authority to regulate the cryptocurrency market. It finds no such authority. In its absence, the SEC relies on the 1946 Supreme Court decision in SEC v. Howey as the basis for its jurisdictional claims. This Article finds that decision, which involved the sale of Florida orange grove investments to tourists, to be vague at best and anything but clear on whether cryptocurrencies are “securities” that are subject to SEC regulation
Present and Future of Environmental Law in Cuba
Get PDFThe environmental legal framework in Cuba is based on constitutional article 75 and Law 81, of July 11, 1997, on the environment, a framework law on the matter, with a series of complementary provisions with the rank of Decree Law or Ministerial Resolution. The adoption of the new constitutional text in 2019 is followed by the updating of all environmental legislation that requires a new framework law, which fills the gaps in the current one and leads to more effective environmental management. The paper addresses some of the areas in which significant changes have occurred or should occur. In particular, it refers to the changes introduced by the approval of the new Natural Resources and Environment System Law, adopted by the National Assembly of People\u27s Power in May 2022. In this sense, an assessment of the behavior of the different existing environmental management instruments in the country, assessing the changes that must occur in their implementation