Florida Agricultural and Mechanical University
Florida Agricultural & Mechanical University College of LawNot a member yet
884 research outputs found
Sort by
AGRICULTURE AND FAMILY FARMS:INTESTATE SUCCESSION AND ALLEGATIONS OF FRAUD IN TRANSFERS
Full text linkThis Article is intended to contribute to the scholarship regarding family farms by focusing on caselaw in three distinct areas. First, this Article examines the legal issues that may arise with intestate succession of a family farm. The second part of this Article analyzes the legal issues surrounding family farms and alleged fraudulent transfers, conveyances, and deeds. In conclusion, given the myriad of considerations that arise with the transfer of family farms, producers and agricultural law practitioners must be aware of the risks of intestate succession and alleged fraudulent transfers, conveyances, and deeds to ensure the smooth succession of family farm
The Change that Needs to be Made: A Shift From Juvenile Life Without Parole to the Use of Rehabilitative Programs in Florida
Full text linkLife without parole is the harshest sentence a minor can receive for a homicide offense. Florida is one of a few states that still allow this type of sentence for minors. This sentence violates the Eighth Amendment of the Constitution because it is a cruel and unusual punishment as it locks up a minor for the rest of his or her life, or at least for most of it. Life without parole for juveniles who commit homicide offenses should no longer be available in Florida. A juvenile should receive a sentence that does not keep them incarcerated for the majority of his or her life expectancy. Juveniles sentenced to life without parole are denied opportunities to participate in rehabilitation programs. This leaves the juvenile feeling hopeless, denies the juvenile the opportunity to change his or her character, and does not allow the juvenile to receive the help he or she may need. The criminal justice system takes away the opportunity for parole for certain minors, depriving them of a chance at life outside of the prison walls. This Article examines some of the issues with sentencing minors to life without parole. It concludes by proposing that the sentence should be banned in Florid
A CART WITHOUT AMULE:COMPARING SOLUTIONS TO HEIRS PROPERTY AND OTHER REAL PROPERTY ISSUES ACROSS LEGAL SYSTEMS IN THE AMERICAS
Full text linkThis Article will examine historical real property issues in two legal systems in the Americas—Saint Lucia and Colombia—and draw comparisons to the heirs property plight in the United States. From this analysis, the Article will conclude that the United States must heed the lessons learned from the real property reforms of other legal systems and take more concerted and vigorous steps if the injustices of heirs property are to ever be truly resolved
AN ECONOMIC COMPARISON OF SUCCESSION LAW SYSTEMS: PRIORITIZING SPOUSES VS. FORCED SHARES FOR CHILDREN AND PROPOSAL FOR A STANDARDS BASED APPROACH TO CHILD DISINHERITANCE
Full text linkIn the United States (“U.S.”), the foundation of succession law is the freedom of disposition. Priority is placed on the testator’s freedom to choose what happens with their property after they die. Thus, laws governing the distribution of property in both testate and intestate situations are aimed at honoring the testator’s intent. In the U.S., spouses are given preferential treatment under succession laws and intestacy laws. However, children are not given as great a level of protection as spouses and a testator can legally disinherit a child. This approach is unique because several other countries, along with one U.S. state, have some form of a forced inheritance for children. Proponents of a forced inheritance for children note the negative externalities associated with disinheriting kids and have analyzed the potential economic benefits of using a standards-based approach to children’s disinheritance, rather than the U.S. rule allowing disinheritance under all circumstances. On the other hand, research in favor of prioritizing spouses under succession laws shows that there can be economic benefits because it leaves a surviving spouse in a stronger financial position. This article serves as a comparative analysis from an economic perspective of the two succession systems: one where the spouses are prioritized over children and one where children are given a forced share of their parents’ estate. Further, this article argues that rather than a blanket allowance or blanket disallowance of the disinheritance of children no matter the situation, the better approach from an economic perspective could be to adopt a standards-based approach where child disinheritance is allowed only in certain circumstances. This article contributes to the growing area of research that relates economic concepts to succession law
YO SOY BORICUA, PA’ QUE TU LOS SEPAS: HOW HEIRS’ PROPERTY ENDANGERS THE FUTURE OF PUERTO RICO
Full text linkThis article analyzes the problem of heirs’ property in Puerto Rico in three sections. Section I commences with the complexities related to Puerto Rico’s civil law system. Section I then bifurcates into Subsections A and B. Subsection A delves into colonial ties that continue to influence the political reality of Puerto Rico. Subsection B then identifies the main barriers to avoiding heirs’ property as informal land transfers, forced heirship, and conjugal partnerships.
Section II depicts how the current economic and housing crisis exposes the island to foreign threats. Section II also bifurcates into Subsections A and B. Subsection A unravels how hurricanes and the Federal Emergency Management Agency\u27s shortcomings exacerbate the housing structure\u27s faults. Subsection B criticizes the action taken by the Puerto Rican government to benefit foreign investors at the expense of the people through tax and immigration benefits. Section III presents a realistic multistep approach to protecting Puerto Rican property ownership. Furthermore, Section III seeks to empower Puerto Ricans to establish formal ownership of property interests using community land trusts and sustainable land development as the foundation for revitalizing the Puerto Rican economy. The article concludes by expressing the dire need to protect the island by reallocating power to the people
Transcending Tradition Through Inclusive Online Pedagogy
No full textThis work critiques the exclusionary nature of the traditional Socratic method and introduces The New Pedagogy: Online Socrates as a foundational framework for building more inclusive, equitable, and student-centered approaches to legal education.
It challenges the continued reliance on the traditional Socratic method in legal education, arguing that its hierarchical and exclusionary nature undermines meaningful inclusion and student engagement—both online and in the classroom. It contends that the barriers often attributed to online learning expose deeper inequities within traditional legal pedagogy itself.
Building on this critique, the work proposes that the shift to online education provides a unique opportunity to transcend tradition by developing intentionally inclusive, collaborative, and student-centered approaches to teaching law. It introduces the foundational concept of The New Pedagogy: Online Socrates, which begins the work of reimagining the rigor of Socratic dialogue through practices that promote equity, belonging, and accessibility. This conceptual framing lays the groundwork for further development of The New Pedagogy: Online Socrates in future scholarship and envisions a more just and inclusive model for legal education
A CARTWITHOUT A MULE: COMPARING SOLUTIONS TO HEIRS PROPERTY AND OTHER REAL PROPERTY ISSUES ACROSS LEGAL SYSTEMS IN THE AMERICAS
Full text linkThis Article will examine historical real property issues in two legal systems in the Americas—Saint Lucia and Colombia—and draw comparisons to the heirs property plight in the United States. From this analysis, the Article will conclude that the United States must heed the lessons learned from the real property reforms of other legal systems and take more concerted and vigorous steps if the injustices of heirs property are to ever be truly resolved