Florida Agricultural and Mechanical University
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Can They Do That?: The Limits of Governmental Power Over Medical Treatment
Get PDFThe government’s power over health care is strongest when health care treatments and precautions to protect the public welfare, such as quarantines and vaccinations, are at issue. Governmental power over health care decisions weakens when an individual’s health care decisions are in question. When health care decisions would only affect the individual making them, the government’s power is even less. This article argues that government agents must be cautious in making health care determinations for others and that they should aim to protect an individual’s right to self-determination so long as those choices do not pose a threat to the health and well-being of others
Critical Race IP
Get PDFIn this Article, written on the heels of Race + IP 2017, a conference we co-organized with Amit Basole1 and Jessica Silbey,we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP).Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we articulate the provisional boundaries and core ideological commitments that define Critical Race IP, particularly in contrast with Critical Intellectual Property. After exploring the landscape of this developing area of study through its central themes, we draw upon scholarship on public feelings to demonstrate the importance of community building and intimacy-making practices in the growth of Critical Race IP. Public feelings are an implicit and often under-theorized aspect of intellectual property law that comes to the forefront in engagements with race and colonialism. We conclude with a discussion of Critical Race IP as decolonizing praxis that can aid in anti-racist and anti-colonial struggles
Legal Control of Water Resources Cases and Materials
No full textThis comprehensive casebook, now in a fully updated sixth edition, spans eastern and western water law and policy issues, focusing on the allocation, use and conservation of groundwater and surface water. The new edition retains its in-depth consideration of water institutions, expands its discussion of federal-state and interstate water relations, and sharpens its coverage of property rights claims and the public trust doctrine. It includes new U.S. Supreme Court cases, along with important recent decisions from other federal and state courts. The role of water law in climate change adaptation is considered throughout.https://commons.law.famu.edu/faculty-books/1033/thumbnail.jp
2018 Hooding Ceremony Program
Get PDFhttps://commons.law.famu.edu/hooding-ceremony-programs/1013/thumbnail.jp
The Right to Public Education and the School to Prison Pipeline
Get PDFThe school-to-prison. pipeline is a controversial concept and a disappointing reality. It refers to the draconian disciplinary trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system-such as suspending or expelling them. Public schools are intended to primarily be institutions for public education. It is clear that serving as a pipeline to prison is not the central purpose of the public school. The purpose of public education is to provide students an opportunity to develop their capabilities and grow as individuals. Public education is intended to inculcate civic values that will prepare students to function socially and integrate seamlessly into society. However, prison is a place where we send those who demonstrate an inability or unwillingness to adhere to the norms of society, those who have not embraced society\u27s values, and those who have therefore, not successfully integrated into society. School should prepare students for happy, successful, and meaningful lives that are completely unrelated to prison. The school-to-prison pipeline distorts the public education mission by way of a collection of education and public safety policies and practices that push our nation\u27s schoolchildren out of the classroom and into the streets, the juvenile justice system, [and ultimately] the [adult] criminal justice system. As the American Civil Liberties Union (ACLU) has noted: [t]his pipeline reflects the prioritization of incarceration over education. Black children are disproportionately targeted for referral and arrest by police in schools and are inevitably more susceptible to becoming victims of the school-to-prison pipeline. One of the most disturbing consequences of being a victim of the pipeline is that it leads to negative educational and long-term outcomes and, thus, undermines a student\u27s right to public education. Any student funneled into the pipeline is on a path to destruction. The core idea presented in this symposium-inspired piece is that the school-to-prison pipeline undermines the right to public education and must therefore be dismantled. This argument is advanced in three parts. Part I begins by first recognizing that there is a right to public education. That right is a duty-a positive right-that each state has an obligation to enforce pursuant to their state constitutions and the Equal Protection Clause of the U.S. Constitution. Part II defines the school-to-prison pipeline. This part discusses the emergence of zero tolerance policies and the impact of school exclusion and arrest on student education. Part III addresses the disproportionate impact of zero tolerance policies on Black victims and concludes that the school-to-prison pipeline is part of the modern American story of racial oppression
Bringing the Law to the Library: The Importance of Librarian Mediation in Access to Justice Services
No full textLibrary access to justice programs and services help people who need legal information and who cannot afford an attorney. Librarian mediation is a critical component in the provision of access to justice services. However, the value of library mediation, or assistance with using library resources, is often unrecognized, particularly where members of the public are trying to access electronic legal information sources, online legal forms, and other law technologies. This article will explore the role of librarians in providing access to justice services from the perspective of the work of Richard Susskind, which emphasizes technological approaches to providing legal services. While there is a place for technology in access to justice services, there is also a valuable role that librarians play in contributing to access to justice
Backlash Against Justice: The Ideological Attach on the University of North Carolina Center for Civil Rights
Get PDFIn September 2017, the University of North Carolina\u27s Board of Governors (BOG) adopted a policy stating that no University center or institute could: file a complaint, motion, lawsuit or other legal claim in its own name or on behalf of any individual or entity against any individual, entity, or government or otherwise act as legal counsel to any third party; or employ or engage, directly or indirectly, any individual to serve as legal counsel or representative to any party in any complaint, motion, lawsuit, or other legal claim against any individual, entity, or government or to act as legal counsel to any third party. Although nominally applicable across the University of North Carolina (UNC) system, the revised policy was targeted at the Center for Civil Rights at the UNC School of Law, which was the only entity impacted by the restriction. The advocacy ban was the culmination of a three year attack on the Center for Civil Rights (CCR), which was established in 2001 by legendary civil rights lawyer, Julius Chambers. CCR\u27s mission includes direct advocacy and legal representation, research and public education, and training the next generation of civil rights lawyers. CCR\u27s work was focused on dismantling the legacy of institutional discrimination and racial exclusion, and its docket included education, fair housing, environmental justice, civic engagement, and equitable access to basic public services. The targeting of CCR was not an isolated or anomalous occurrence. In North Carolina, it was part of a partisan and ideological attack on the public university system in general and UNC Chapel Hill in particular. It was also part of a sweeping statewide and national campaign to restrict access to justice for people of color and low-wealth individuals and communities, particularly when they challenge race discrimination by government entities and powerful for-profit corporations. The former implicates issues of academic freedom and the First Amendment; the latter, issues of structural racism and the Fourteenth Amendment. This article explores both the legal and political context of the BOG\u27s action. It shows, through the legal precedents and similar past attacks on legal clinics in other states, that the same tactics have been used before to interfere with academic freedom, restrict access to the courts, and preserve a racially discriminatory status quo. More importantly, this article cautions that the attack on CCR is part of a larger ideological agenda being pushed on university campuses across the country
The Truth of the Matter: Why the Social Contract Dictates Legal Scholar\u27s Sincerity, Candor, & Thoroughness
Get PDFLegal scholars have filled books, treatises, magazines, journals and law reviews with various writings ranging from highly intricate and complex theses to oversimplified and homogenous explanations. In all its forms, legal scholarship has been both touted and taunted by external and internal critics throughout the years. Some suggest that legal scholarship should holistically frame recommendations to responsible decision makers, and more specifically help the reader understand law. Others suggest that it should be used to bring restraint, proportion, perspective and atmosphere into the legal landscape and society at large. Whatever its stated purpose and whether it be doctrinal, descriptive or practical, legal scholarship remains an intricate and influential factor in legal academia, the legal system as a whole, and shaping cultural and professional discourses. As such, the varied and broad topics of legal scholarship (the empirical, the interpretive, the normative, and the prescriptive) provide innumerable opportunities for legal scholars: opportunities that are truly a gift as noted by Professor Lefkowitz. This gift should not be taken for granted, and should comport with [both] the goals and attributes of the academy \u27 and with the goals and conditions of the legal profession
Lake County owes Virgil Hawkins Recognition and a Thank You for Role in Civil Rights Struggle
No full textOld Issues New Perspectives
Get PDFThe book commences with Ronald C. Griffin‟s essay Ghost Town: The Death of Marriage, the Birth of Cohabitation, and the Emergence of the Single Woman. In his essay he revisits the history of marriage, the economics of marriage, the rise and demise of childhood, the emergence of new couplings and the social traumas that come with them.https://commons.law.famu.edu/faculty-books/1029/thumbnail.jp