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The Mexican Civil Code of 1928 and the Social Function of Property in Mexico and Latin America
No full textDrug-Induced Homicide Laws and False Beliefs About Drug Distributors: Three Myths that are Leaving Prosecutors Misinformed
No full textAn increasing number of criminal legal system actors, including some prosecutors, have acknowledged that the so-called “overdose crisis” is a public health problem. Despite this narrative shift, some prosecutors are responding to local overdoses by charging persons who distribute drugs that are linked to a subsequent death with criminal killing. These charges are brought either through the use of existing, non-specific statutes or so-called drug-induced homicide (“DIH”) statutes, which explicitly criminalize the act of delivering a substance subsequently associated with a death. In this Article, we outline three salient themes that have emerged from early literature and from preliminary surveys exploring prosecutors’ perceptions of and justifications for filing DIH charges. In doing so, we provide empirical evidence to suggest that these narratives are based on myths about drugs and the people who use and distribute them—myths that are not supported, and are sometimes contradicted by, scientific research. This Article aims to dispel some of these pervasive yet unsound narratives contributing to the prosecutorial belief that DIH prosecutions have the capacity to improve public health and reduce overdose. In doing so, this Article also provides prosecutors with an alternative framework for more accurately conceptualizing how prosecutorial action against people who use and distribute drugs impacts the health and well-being of the entire community—including persons who use drugs. Finally, this Article also elucidates how well-intentioned prosecutors may be unwittingly causing more fatal overdoses by discouraging calls to 911 during an overdose emergency and by disrupting local drug markets in ways that directly increase the risk of overdose
Model Legal Processes for Court Ordered Mental Health Treatment - A Modern Approach
Get PDFThe United States Conference of Chief Justices and Conference of State Court Administrators established the National Judicial Task Force to Examine State Courts’ Response to Mental Illness in 2019. As part of its overall efforts, the National Judicial Task Force then partnered with the Equitas Project of Mental Health Colorado to appoint a select workgroup to develop model statutory language for court-ordered mental health treatment, emergency psychiatric intervention, medication over objection, and criminal matters involving persons with mental illness. This Model Legal Processes Workgroup included judges, psychiatrists, medical school professors, law professors, and others whose goal was to draft model civil and criminal mental health laws that could be promoted for broad adoption across the country. A primary purpose of the workgroup’s three-year undertaking was to produce legislative language to recognize modern brain and behavioral research, while still being mindful of an individual’s rights to due process. The Workgroup issued its final report and recommendations in August 2022, which were then endorsed by the National Judicial Task Force in October 2022. Along with Professor Richard Bonnie from Virginia and Professor Christopher Slobogin from Vanderbilt, Professor Shannon was one of three law professors who served on the Model Legal Processes Workgroup. This Article discusses and analyzes the Workgroup’s recommendations, includes comparisons to existing laws in many states, and urges states to consider adopting the recommended statutory approaches
Filiation, Marriage, Family, and Domestic Conflicts
No full textThis chapter discusses the legal history of filiation, family, marriage, and domestic conflicts in Latin America during colonial times and after independence. It considers the prevalence of sexual liaisons before or out of marriage and the various legal categories of illegitimate offspring resulting from such relations. Then, it looks at marriage and family formation. Finally, it considers domestic conflicts and their legal evolution from private to public and then, to international legal affairs. The chapter examines forces behind such transformation highlighting that they included European colonial powers, the Catholic church, legal scholars, and individual family members, women being perhaps the most prominent. It also establishes that international actors such as the global feminist movement and multilateral organizations like the United Nations played a key role as well. Overall, it emphasizes the historical centrality and persistence of patriarchy, legal and otherwise.https://ecollections.law.fiu.edu/faculty_books/1318/thumbnail.jp
Panes/Pains of Privilege
Get PDFIn Panes of the Glass Ceiling, Kerri Lynn Stone explores how unspoken beliefs rooted in gender stereotypes contribute to workplace inequalities for women. This article, reflecting on Stone\u27s work, discusses how Stone critiques employment discrimination law\u27s inadequacy in addressing these issues and proposes reforms, emphasizing the need for cultural changes beyond legal remedies. The article contextualizes Stone\u27s observations within the framework of privilege, underscoring the invisible nature of privilege in the workplace and advocating for a broader societal shift to dismantle deeply ingrained unspoken beliefs
Promoting Change in the Face of Retrenchment
Get PDFThis article delves into the challenges of teaching antidiscrimination law and the complexities students face in reconciling legal doctrines with their expectations of justice. It explores the persistent inequalities embedded in wage gaps, labor market segregation, and more, highlighting the transformative potential of addressing stereotypes. Professor Kerry Stone\u27s book, Panes of the Glass Ceiling, is lauded for unveiling deeply ingrained cultural assumptions, offering tools to challenge them. The article reflects on hidden assumptions exposed in Stone\u27s work and discusses the ideological pushback against education aimed at revealing and dismantling stereotypes. It concludes with a call for a nuanced understanding of cultural practices to drive meaningful reform
FIU Law and University of Miami School of Law Co-Hosted the First Workshop in a Zoom Summer Brown Bag
No full textFIU College of Law and University of Miami School of Law co-hosted the First Workshop in a Zoom Summer Brown Bag.
Amber Polk (FIU College of Law) presented Toxic Battery: Pollution as a Dignitary Tort, this paper argues that a restaurant\u27s discharge of nonharmium should be considered offensive battery, polluting our bodies, and calls for its legal recognition to address pollution cases where traditional laws fail.
William H Widen (UM School of Law) presented two of his papers, A Reasonable Driver Standard for Automated Vehicle Safety and Winning the Imitation Game: Setting Safety Expectations for Automated Vehicles.https://ecollections.law.fiu.edu/faculty-workshops/1070/thumbnail.jp
The Jurisprudence of Baseball: Rules Versus Standards
No full textProfessor Ahmed Taha from Pepperdine Caruso School of Law presented his work The Jurisprudence of Baseball: Rules Versus Standards. His paper analyzes the use of rules and standards in baseball laws, applies legal theory, and suggests changes, emphasizing precise rules for common situations and standards for more complex ones.https://ecollections.law.fiu.edu/faculty-workshops/1072/thumbnail.jp