Florida International University

Florida International University College of Law
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    3246 research outputs found

    NIL Collectives and The Disadvantage Dilemma: Disparities And Challenges In Collegiate Athletics

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    For a long time, the National Collegiate Athletic Association (NCAA)’s principle of amateurism, the concept that student-athletes should not profit from their name, image, and likeness (NIL) while competing in collegiate athletics, was strongly upheld. However, it quickly became a challenge for the NCAA to defend its principle of amateurism after thousands of advocates, including universities and student-athletes themselves, began to criticize the NCAA. Finally, after decades of fighting for more equitable rights for student-athletes, the NCAA made a change to its NIL Policy as a result of two major landmark cases. The NCAA, however, now faces another challenge amidst this major achievement for student-athletes: NIL Collectives. Organizations created by prominent alumni, boosters, and businesses, NIL Collectives function separately from the colleges or universities. But NIL Collectives seem to inherently be school-specific, as they are built by the alumni and school supporters who create the collective. Recently, NIL Collectives have begun engaging in recruiting actives that explicitly go against the NCAA prohibition against “pay-for-play” by inducing student-athletes to attend and play at the college or university with which the collective primarily works. This has led to unfair recruiting advantages in collegiate athletics between power schools and smaller schools without the support from prominent alumni and businesses. In an effort to level the playing field amongst the larger and smaller schools, this paper evaluates a potential solution for the unexpected issues the NCAA faces because of NIL Collectives

    Editorial Board

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    Replace The Jew --The Visible Invisibility of American Antisemitism And Spoken Beliefs

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    This is an essay that attempts to provide a contemporary take on antisemitism from the perspective of a professor of employment discrimination

    The Submerged Administrative State

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    Professor Gabriel Scheffler from the University of Miami School of Law presented his work The Submerged Administrative State. The paper addresses the reputation crisis of the US government, attributing it to the public\u27s unfamiliarity with the administrative state. It proposes to make administrative agencies more visible and comprehensible to rebuild trust in government.https://ecollections.law.fiu.edu/faculty-workshops/1074/thumbnail.jp

    Rational Investing or Speculative Fever?: SPACs, Robinhood, and Digital Assets—Securities Markets or Casinos?

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    This article focuses a recurring theme – speculation in the financial markets. The 2010-2020 decade set the stage for a new round of speculative activity starting in 2021. In the article that follows I reflect on a new wave of speculation and three current examples of speculative activity. The article concludes that regulators should be cautious about over-regulation of SPACs and gamified trading. The article also supports the regulation of digital assets (crypto currencies and NFTs) as securities

    An Examination of Differential Item Functioning in a Measure of Self-Reported Offending across Race and Ethnicity among a Sample of Justice-Involved Youth

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    Self-report measures of offending are widely used in criminological research and have been employed to examine potential differences across groups in offending. An assumption of these comparisons is that the items that comprise these measures function similarly across relevant groups. We evaluated differential item functioning (DIF) of a measure of self-reported offending across White, Black, and Hispanic youth involved in the justice system (n = 1289) using multigroup item response theory analysis. We then demonstrated the utility of moderated non-linear factor analysis by testing if relevant continuous-level covariates (i.e. socioeconomic status, neighborhood disorder, and impulse control) accounted for DIF associated with race/ethnicity. The findings suggest that several items displayed DIF, and that the DIF associated with race/ethnicity persisted even after controlling for covariates. We also compared two models that predicted non-DIF-adjusted scores to DIF-adjusted scores. The results indicate that summed raw scores of offending may bias estimates across groups

    Volo Foundation Lecture: Science, Free Speech, and Public Choice

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    In an era where science, free speech, and public choice clash, the historical unity between these pillars, as envisioned by America\u27s founding fathers, is obscured. Examining Thomas Jefferson\u27s reverence for Bacon, Locke, and Newton, reveals a past where reason and freedom intertwined. However, contemporary challenges, epitomized by the pandemic response, illustrate a divergence. Amidst censorship and expert dominance, the vital role of public scrutiny emerges. Acknowledging the fallibility of experts and embracing free speech as essential for reasoned discourse becomes imperative. To restore the balance, humility from scientific institutions, a renewed appreciation for free speech, and public courage are necessary to preserve science, reason, and freedom

    Book Review on From the Great Recession to the Covid-19 Pandemic by Professor Jerry W. Markham

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    A review of Professor Jerry Markham\u27s book From the Great Recession to the COVID-19 Pandemic

    Introduction: From Science to Public Choice: An Overview

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    Florida International University College of Law
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