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The Forum-Defendant Rule, the Mischief Rule, and Snap Removal
No full textSamuel Bray’s The Mischief Rule reconceptualizes and revitalizes that venerable canon of statutory interpretation. Bray’s new approach to the mischief rule offers a textual solution to an ongoing civil procedure puzzle—forum defendants and “snap removal.” The forum-defendant rule provides that a diversity case is not removable from state to federal court when a properly joined and served defendant is a citizen of the forum state. Snap removal occurs when a defendant removes before the forum defendant has been properly served, “snapping” the case into federal court. Three courts of appeals and a majority of district courts have endorsed this practice, concluding that it is consistent with the unambiguous text of 28 U.S.C. § 1441(b)(2) and does not produce an absurd result, despite contravening congressional intent that such cases remain in state court. Bray’s reconstruction of the mischief rule offers a textual solution—by focusing on the mischief Congress targeted with the “properly served” language of § 1441(b)(2), courts can broadly interpret existing statutory text to prohibit snap removal as a clever evasion of the forum-defendant rule
President Biden’s Executive Orders on the Environment: Praiseworthy Policy, Political Red Herring, or… Both?
No full textTo be “praiseworthy” is to be deserving of praise, of warm approval. To be a “red herring” is to be misleading, a distraction from the real question, whether intentional or not. It is hard to argue that Executive Orders 13990 and 14008 do not contain praiseworthy environmental policies, many of which have already been reaffirmed in further Presidential efforts. However, for the learned environmentalist, it is difficult not to maintain a robust skepticism. In the discussion that follows, I will explore elements of the Biden administration’s praiseworthy environmental policy. I will also examine ways in which some of those policies may be misleading based on current political narratives and environmental history. I conclude that although the Biden administration’s position on a variety of environmental issues is praiseworthy, it fails to acknowledge and address the underlying ideological commitment that has gotten us here, and as such, we should not let our praise distract from the ideological battle that must still be won
Congress and Universal Injunctions
No full textAs the judicial and scholarly debate rages over the power of federal courts to issue universal or non-particularized injunctions, this paper explores the role of Congress in ending this controversy. It considers the details, wisdom, and efficacy of five legislative proposals to eliminate or limit universal/non-particularized injunctions; it concludes that one approach resolves the problem—a flat and unequivocal prohibition on injunctions that protect anyone other than the plaintiffs
Regulating Broker-Dealer Investment Recommendations—Laying the Groundwork for the Next Financial Crisis
No full textSecurities and Exchange Commission Regulation Best Interest (RBI) sought to mitigate or remove conflicts of interest on the part of broker-dealers that receive transaction-based commissions. As this Article demonstrates, RBI will effectively force broker-dealers to abandon such compensation arrangements in favor of fixed-fee arrangements. This will reduce investment choices, limit access to personalized professional investment advice and adversely affect the quality of services.
More significantly, RBI provides incentives for broker-dealers to hold customer funds in low return cash accounts that can be exploited through so-called “carry” trades. The financial services industry is already restructuring in order to capture the value of such trades, at the expense of retail investors. As was the case during the financial crisis of 2008, those investments will implode during a market meltdown. This will likely cause the failure of many large financial institutions, absent a massive, politically unpalatable government bailout.
RBI will also cause investors to be steered into cookie cutter accounts that will result in a dangerous concentration of investment assets, as occurred with subprime mortgages in the run up to the Financial Crisis of 2008. The liquidation of concentrated assets in a market panic will have a cascading effect that will force market prices into a downward spiral. This will wreak havoc in the financial markets. The coronavirus securities market selloff in March 2020 proved, if proof is needed, that market selloffs are inevitable. The next such event will only be accentuated by the panicked liquidation of RBI induced portfolio concentrations
African Union Continental Free Trade Area: Opportunities for New Regional Discourse?
No full textThis chapter begins with a brief introduction to existing international Intellectual Property (IP) obligations. It then discusses the African Unions (AU\u27s) IP policies as derived from AU policy statements and language from the statute of the Pan-African Intellectual Property Organization (PAIPO). One of the initiatives of the AU was to adopt an instrument establishing the PAIPO to address IP throughout the African continent. Among other things, the PAIPO shall “harmonize intellectual property standards that reflect the needs of the AU,” its member states, and regional organizations. The preamble to the PAIPO statute makes it clear that “development” is one of the priorities of the organization, stating that AU member states are “determined to promote a development-oriented intellectual property system in order to achieve the objectives of the African Union. The PAIPO preamble also speaks to the need to strengthen national capacity and affirms the recommendations of the WIPO development Agenda.https://ecollections.law.fiu.edu/faculty_books/1291/thumbnail.jp
The Legal Legacy of the Special Court for Sierra Leone: The Relationship Between the Court and the Sierra Leone Truth and Reconciliation Commission
Get PDFThe Dormant Monster: Florida’s Intrastate Marijuana Regulation and Its Susceptibility to Dormant Commerce Clause Challenge
Get PDFHuman Centered Artificial Intelligence - Leveraging AI to Empower People and Democracy: a Multidisciplinary Perspective
No full textResearch focuses on the study of Artificial Intelligence from a Multidisciplinary Perspective.https://ecollections.law.fiu.edu/visiting-researcher-profiles/1033/thumbnail.jp
FIU Law and University of Miami School of Law Co-Hosted the third Workshop in a Zoom Summer Brown Bag
No full textFIU College of Law and University of Miami School of Law co-hosted the last Workshop in a Zoom Summer Brown Bag.
Eric R. Carpenter (FIU College of Law) presented The Effect of Changing the Military’s Rape Law on Law Enforcement Case Processing.
Patrick O. Gudridge (UM School of Law) presented The Duty to Protect Reconstructed—Interior Constitutions and Constitutional Crimes.https://ecollections.law.fiu.edu/faculty-workshops/1056/thumbnail.jp