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Fiduciary Duty as a Shield For Social Media User Privacy and Platform Policing of Political Misinformation and Disinformation
Get PDFBeyond the Glass Ceiling: Panes of Equity Partnership
Get PDFThis Article, prepared for a “micro-symposium” on Professor Kerri Stone’s monograph Panes of the Glass Ceiling (2022), explores the partnership pay gap in large law firms and the role of high-profile litigation in facilitating pay equity. There is a rich literature and extensive data on the gender attainment gap in elite law firms, particularly with regard to women’s attrition from practice and poor representation within the partnership ranks. Less attention has been paid to the way in which the exceptional women who achieve equity partner status continue to lag behind their male peers. This Article explores “Women v. BigLaw,” a cluster of equal pay cases brought by women partners in the late 2010s against elite firms. Using Stone’s work as a lens, it reveals how the same unspoken beliefs that underlie the law firm glass ceiling operate above it, placing women partners at the bottom of a new compensation hierarchy centered on origination credit. Due to historical allocations, a culture of deference toward male rainmakers, and implicitly biased attorney development and evaluation practices, origination operates as a form of “legacy credit” that locks in preexisting entitlements favoring male partners. Despite this, gender equity in law practice has been framed principally as a professional value, not a legal imperative. Women v. BigLaw and the unprecedented use of the court system by women lawyers reveals, however, that partnership pay practices pose a liability risk to firms. This new reality may incentivize structural change in ways that attention to gender equity as a managerial and professional goal could not
FIU Law and University of Miami School of Law Co-Hosted the Second Workshop in a Zoom Summer Brown Bag
No full textFIU College of Law and University of Miami School of Law co-hosted the Second Workshop in a Zoom Summer Brown Bag.https://ecollections.law.fiu.edu/faculty-workshops/1071/thumbnail.jp
An Open Grave: The Kigali Memorial and The Aesthetics of Memorialization
No full texthttps://ecollections.law.fiu.edu/faculty_books/1311/thumbnail.jp
The Development of Digital Mass Surveillance in Norway: The Emergence of a Surveillance State?
Get PDFUnmasking the Power Dynamic Between Local School Boards and the State Executive Branch: Implications for Future Local School Safety Protocols
Get PDFThe COVID-19 pandemic has brought attention to the government’s power in controlling the operation of public schools. The legal and political differences among local school boards and the State’s COVID policies are exemplified in media headline battles pertaining to school reopening and the Governor’s so called “anti-mask mandate.” The State capitalized on its emergency powers at the expense of providing local school boards with the autonomy to enact district-wide protective measures. Local school boards have faced several challenges in arguing against State Emergency Orders including a difficulty with proving state compulsion to comply with its directives, overly broad statutory language providing limited guidance, and judicially created doctrines like the political question doctrine and separation of powers preventing court intervention. There is still an opportunity for school boards to enact district specific COVID protective measures and return the power over emergency decisions to the local, most community representative level. First, school boards should argue, as other states recognize, the broad State Constitutional mandate to provide for safe, public schools implies a court review mechanism to ensure basic, educational standards are being met. Second, Florida Statute Section 1001.42 grants school boards the power to protect student welfare and supervise the daily operation of schools, which should allow school boards to implement their own safety protocols to meet local needs
The Ultimate Injustice: States\u27 Failure to Take Steps to Prevent Wrongful Convictions and, when Wrongful Convictions are Exposed, to Provide Adequate Assistance to Exonerees
Get PDFAmong the many rights guaranteed by the Constitution are the rights to a presumption of innocence, equal protection, due process, a speedy trial, a trial by jury, and legal counsel, if indigent and charged with a serious crime. But those rights do not ensure that the justice system succeeds every time. The United States has exonerated over 3,000 individuals since 1989. The exonerees have collectedly lost over 26,700 years of their lives. Each exoneration has provided insight into the causes of wrongful convictions, the issues with current compensation laws, and even the changes that need to be implemented to avoid further injustice. Additionally, there are thousands of individuals still incarcerated today for wrongful convictions. Therefore, it calls into question what America is doing to prevent wrongful convictions and to compensate its victims as they transition back into the community. The answer is not enough
Transition-Denial and Structural Adjustment: Causation and Culpability in the Cuban Economy Culpability in the Cuban Economy
Get PDFIn 2020, Cuba implemented the Tarea Ordenamiento (Tarea), the most significant economic reform since the construction of the socialist economy after the Revolution. Signaling an eclectic brand of Cuban socialism, the Tarea clears away three decades of tried and failed economic doctrines, drawing a new fiscal border around state enterprises, nodding to market realities, and preparing the island for greater insertion into the world economy. While the political economy of post-Castro Cuba has changed in this way, the United States continues to subject the island to an unprecedented program of unilateral sanctions, universally condemned as a breach of human rights, international law, sovereignty, and rationality. Given the historic limitations of Cuba’s economic policies and the noxious effects of U.S. policy, how do we assign proximate cause for the mixed results to date of the Tarea
A Game Theory View of Family Law: Planning for a 500% Family Tax
Get PDFDivorces involve money, which can prompt fierce legal battles. These include family obligations for child support, alimony, and property division. Small income changes can have huge consequences. For example, a 5,000 of increased family obligations. A 50,000 of obligations. Or a 50,000 of reduced obligations