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Ban Child Marriages: Florida is Not Acting in the Best Interest of the Child
Full text linkThis Note argues that Florida must follow Delaware and New Jersey and ban all minor marriages, without exception. Although the right to marry is a fundamental right, the states have the power to set the age requirements to obtain a marriage license. Permitting any minor to marry, even with specific limitations, is harmful to a child. Thus, Florida must ban all marriages of any person under the age of eighteen. Florida’s current marriage statute sets the minimum age to marry at seventeen, once specific exceptions are met. The statute is an improvement from Florida’s previous marriage statute, which is now repealed, and had little to no restrictions on minor marriages. However, even with Florida’s recent repeal and replacement of the marriage licensing statute, Florida is still not acting in the best interest of children within the state by permitting seventeen-year-olds to marry. Permitting any minor to marry, even with specific limitations, is harmful to a child
From Street-level Bureaucracy to Sustainable Communities: Librarianship for Social Justice in Times of Limited Resources
No full textAbstract of Contributed Chapter:
Librarians have been urged to emphasize social justice and human rights issues in their library mission, but they may find themselves challenged to provide additional services, such as access to legal information for those who cannot afford an attorney. Social justice services in libraries are seldom adequately funded and providing services in this area is labor intensive. In addition, there is an emotional intensity in library services for social justice that is often not considered in the initial enthusiasm of providing services in this area. Yet there seems to be no limit to the need. An interesting and useful perspective on how a public agency such as a library responds in circumstances of limited resources and unlimited demand can be found in the book Street-Level Bureaucracy: Dilemmas of the Individual in Public Service, by Michael Lipsky. In this perspective, lower level civil servants who interact directly with members of the general public exercise a level of discretion in the amount of services provided and how those services are administered. This chapter explores how this can generate tensions between more traditional library bureaucracy and social justice services, such as providing public access to justice resources in law libraries. However, the “street-level” response is evolving into a sustainability perspective as librarians embrace a more social justice–oriented outlook in library service planning.https://commons.law.famu.edu/faculty-books/1041/thumbnail.jp
Under the Pecos River Compact, Can Texas\u27s Allocation of Water Be Charged for Evaporation of Floodwater Stored in an Upstream Reservoir Located in New Mexico?
Full text linkThe 1949 Pecos River Compact allocates the river’s water between Texas and New Mexico. In an earlier phase of this original jurisdiction litigation, concluded roughly 30 years ago, the Supreme Court resolved issues regarding how the states’ obligations were to be calculated. The Compact allocation involves a highly technical formula that depends on measurements of the river’s inflow and outflow in each water year. To effectuate its decision going forward, the Court retained jurisdiction and appointed a River Master to oversee the annual quantification of New Mexico’s delivery obligation. The current dispute arose when in fall of 2014, Tropical Storm Odile caused heavy and widespread rainfall in the Pecos River Basin. Texas requested that water be stored in the Brantley Reservoir in New Mexico because the Red Bluff Reservoir in Texas was already full. When the flood risk abated in 2015, the Bureau of Reclamation (the operator of the Brantley Reservoir) began releases that continued throughout 2015 even though Texas remained unable to store that water in the Red Bluff Reservoir. As a result, more than 40,000 acre-feet of water released from Brantley flowed downstream without any benefit to Texas. This case involves the claim by New Mexico, eventually agreed to by the River Master, that New Mexico should be given a credit toward the calculation of its 2014 and 2015 delivery obligations for evaporative losses from the Brantley Reservoir associated with the extra stored floodwater. Eventually, in the 2018 and 2019 Water Year Reports, the Water Master recognized the credits and began to apply them retroactively to lower the amount of New Mexico’s delivery obligations
Homeschooling and Libraries New Solutions and Opportunities
No full textAs families are looking for better ways to educate their children, more and more of them are becoming interested and engaged in alternative ways of schooling that are different, separate, or opposite of the traditional classroom. Homeschooling has become ever more creative and varied as families create custom-tailored curricula, assignments, goals, and strategies that are best for each unique child. This presents a multitude of challenges and opportunities for information institutions, including public, academic, school, and special libraries. The need for librarians to help homeschool families become information and media literate is more important than ever.
This collection of essays provides a range of approaches and strategies suggested by skilled professionals as well as veteran homeschool parents on how to best serve the diverse needs and learning experiences of homeschooled youth. It includes information on needs assessments for special needs students, gifted students, and African American students; advice on how to provide support for the families of homeschoolers; case studies; and information on new technologies that could benefit libraries and the homeschooler populations that they serve.https://commons.law.famu.edu/faculty-books/1036/thumbnail.jp
Lie to Me: Examining Specific Intent Under 18 U.S.C. §§ 1001, 1035
No full textOne court notes that the Supreme Court of the United States (“SCOTUS”) has previously not found specific intent to be required under similar language within Section 1001.9 While there are many similarities between Sections 1001 and 1035, there are salient differences. Notwithstanding the differences, this Article argues that Sections 1001 and 1035 should be interpreted without “intent to deceive” and rather be interpreted as a strict liability offense. This argument began with Part I, which provided a brief introduction regarding specific intent under Sections 1001 and 1035. Part II examines the purpose of criminalizing false statements, which identifies why the statute should be interpreted narrowly. Part III analyzes case law and how the Federal Circuits have interpreted the statute. Part IV discusses how Sections 1001 and 1035 meet the required elements to be classified as a public welfare offense. Part V analyzes why it is malapropos for the Department of Justice to trumpet their views on the law, and how it crosses the line of the separation of powers. Part VI identifies the “exculpatory no” doctrine, which the Supreme Court ultimately rejected, as an example of courts going beyond the plain meaning interpretation of the statute. Part VII explores the materiality requirement of the statute, and how courts have interpreted it. Part VIII provides conclusive thoughts and analysis
“DREAMers” versus the Labels Used in Government Documents and Judicial Opinions in Department of Homeland Security v. Regents of the University of California
Full text linkRegretfully, the debate over immigration reform has been fueled and railroaded by rhetoric that is counter-productive, divisive, and dangerous . It is one thingfor people who are not knowledgeable of the law and its history to use the pejorative terms “illegal alien” and “illegal immigrant;” however, it should become unacceptable for government officials and judges to use labels like “illegal alien” and “illegal immigrant.” When placed in the historical and current context of the United States, these terms carry racial animus. They have developed to attach an identity as inferior human beings to a group of people who are not wanted in the United States, including citizens and noncitizens. The term “ illegal ” has also become code language for Latinos. If government officials and judges will not do the right thing and stop using such pejorative terms, the people, especially lawyers, must challenge their use
Bibliography of Journal and Law Review Articles Discussing Virgil Hawkins and His Legal and Social Impact
Full text linkhttps://commons.law.famu.edu/hawkins-documents/1001/thumbnail.jp
Stare Decisis on Death Row: How the Florida Supreme Court Has Abandoned Stare Decisis Since 2020
Full text linkThis comment will analyze how the Florida Supreme Court has disregarded the doctrine of Stare Decisis throughout 2020 and the consequences of the four significant changes to Florida’s death penalty law. Part II discusses how the doctrine of stare decisis is defined and its origins. Part III addresses the need for certainty and reliability of the law for its survival as an institution. Part IV discusses how the court’s new composition has led the court to overturn precedent in death penalty law. Part V delves into the four major changes that the Florida Supreme Court has made relating to the death penalty from January 2020 to October 2020 in chronological order. Part VI presents the recommendation that the Florida Supreme Court should not have made all of these drastic changes to the law because of the consequences on Florida as a state, on defendants on death row, on defendants that could face the death penalty, and on how citizens will now view the court. Part VII addresses other potential changes we can expect in Florida’s death penalty law and the possibility that the court’s composition could change in the future. Part VIII presents possible solutions to this dilemma by looking at this issue through different systems that may prevent the politicization of the court. Lastly, Part XI concludes with a summary of all discussed in this comment
Disparities in the Use of Prophylactic Treatments in Reproductive Health Between the Sexes: A Recommendation for the Use of HPV Vaccination Schemes Rather than Surgical Interventions to Reduce Inequities and Threats to the Public’s Health
Full text linkThis Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the occurrence of many forms of cancer and the disparities between the vaccinations’ use along the line of sex due to medical and legal guidelines. The final section of this Article will argue that both sexes should be afforded the same opportunities to receive the human papillomavirus vaccinations, and will further argue equal protections against non-consensual genital altering surgeries regardless of if they are aimed to prevent genital cancer and diseases or because of cultural motivations