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Beyond Borders: Martin Luther King, Jr., Africa, and Pan Africanism
Get PDFThis modest essay was a work of love in honor of Henry J. Richardson III, my dear brother, friend, mentor, and father in international law. Hank is universally recognized as the Dean of Black international law scholars and lawyers in the United States (U.S.), Africa, and beyond. He has single-handedly mentored three generations of international lawyers, influenced three generations of international legal scholarship, and established the Black International Tradition (BIT), which stretches back to the very origins of our nation, preceding even the Constitution. His works on Dr. Martin Luther King Jr.\u27s (King) leadership, authority, and ministry as a global human rights icon, which form the backbone of this essay, are invaluable to King scholars, researchers, and America\u27s political leadership in a nation and world under siege by nativism, nationalism, white nationalism, poverty, and war
With the Best of Intentions: First Amendment Pitfalls for Government Regulation of Signage and Noise
Get PDFA basic tenant of American jurisprudence is the protection of speech under the First, Fifth, and Fourteenth Amendments to the United States Constitution, as well as sections 4 and 9 of Article I of the Florida Constitution. While the extent of free speech is not limitless, this Article demonstrates that government attempts to regulate speech through regulation of signage and noise has been significantly curtailed by both federal and state courts in recent years. Further, a constitutional challenge to a government regulation will often be reviewed de novo as a pure question of law and is therefore subject to a stricter standard of review than general regulations.\u27 This dictates that governments cannot rely upon the judicial deference typically afforded to local governments exercising their police powers. Therefore, many sign and noise ordinances will need to be significantly amended to ensure constitutional compliance. In addition to explaining the current climate of First Amendment regulation with regard to signage and noise, this Article provides concrete advice and best drafting guidelines for governments to utilize when drafting or revising signage and noise regulations
Finding the Theory and Method for the Pedagogy of Teaching Legal Research: A Response to Callister\u27s Time to Blossom
Get PDFIn his article “Time to Blossom,” Callister invites legal research experts to begin a discussion as to what theory and methodology would be most effective for teaching legal research. This article suggests that utilizing a tailored form of systems theory in conjunction with active learning methods would allow legal educators not only to teach students in an effective and understandable manner but also to adapt their teaching methods to correspond to changes in the legal research field
Taking it to the Bank: Creating a New Constitutional Standard and Using Blue Carbon Banking to Compensate the Miccosukee Tribe for the Federal Taking of their Tribal Lands
Get PDFThe typical remedy for a property owner whose property interests have been diminished from government regulations—as is the case with the federal government\u27s regulation of the Miccosukee\u27s tribal lands—would be compensation sought under the Fifth Amendment of the United States Constitution. The last clause of the Fifth Amendment— the Takings Clause—provides that private property [shall not] be taken for public use, without just compensation. The Supreme Court has explained that the purpose of the Takings Clause is to prevent the government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole. Arguably, this is exactly what the Miccosukee Tribe is being forced to do—bear the burden of the environmental degradation of their tribal lands for no other purpose than for the benefit of the majority of society. Unfortunately, Fifth Amendment protections have not been fully available to all American Indian tribes based on the unique land tenure rights of the native peoples. It accordingly remains unclear whether the Tribe would be successful in a claim for compensation under the Takings Clause of the Fifth Amendment
Transcending Borders Abortion in the Past and Present
No full textThis multidisciplinary volume investigates different abortion and reproductive practices across time, space, geography, national boundaries, and cultures. The authors specialize in the reproductive politics of Australia, Bolivia, Cameroon, France, ‘German East Africa,’ Ireland, Japan, Sweden, South Africa, the United States, and Zanzibar, with historical focuses on the pre-modern era, nineteenth and twentieth centuries, as well as the present day. This timely work complicates the many histories and ongoing politics of abortion by exploring the conditions in which women have been forced to make these life-altering decisions.https://commons.law.famu.edu/faculty-books/1051/thumbnail.jp
Mythbusting: Why the Critics of Litigation Finance are Wrong
Get PDFCritics of ALF contend that such financing methods create various problems: they violate well-established principles of common law about the relationship between litigants and third-parties; they are tantamount to usurious loans; and they threaten the integrity of the judicial system by making it easier for litigants with few resources to bring frivolous lawsuits.
This article discusses both sides of this debate and concludes that the most prevalent criticisms of ALF are based upon misconceptions and myths about the nature of ALF transactions and of the interests of the parties involved in those transactions. When ALF is carefully considered, it is not fundamentally different from a variety of financial arrangements that are widely accepted in different economic contexts. At the most basic level, the investment in a legal claim is much like the purchase of an interest in any other asset. Bringing this kind of financial arrangement into the legal sector may threaten some well-established but outmoded assumptions, but it does not threaten the fundamental objectives of the legal system. To the contrary, ALF allows cases to be decided on their merits instead of being decided by the relative financial power of the parties
Federal Research
Get PDFFinding legal information in the United States can be difficult and/or confusing for the layperson. Electronic databases such as LexisNexis or Westlaw may only be accessible for those who can afford it. Even with access to these databases, those without legal training may find them to be overwhelming. This chapter aims to shed some light on the process of doing federal legal research as well as recommend Internet sites where the layperson can get access to free legal resources.https://commons.law.famu.edu/faculty-books/1024/thumbnail.jp
Recent Developments in Climate Justice
Get PDFClimate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of these burdens at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry remain elusive and underinclusive; a recent book, Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016), seeks to fill that void by providing an overview of the landscape of climate justice from a variety of legal and geographic perspectives. On March 10, 2017, ELI convened the book’s editor and three contributing authors to discuss current developments. Below, we present a transcript of the seminar, which has been edited for style, clarity, and space considerations
Males as Victims of Sex Trafficking in East Tennessee
Get PDFPublic awareness of the human trafficking epidemic in East Tennessee has been on the rise in recent years. Local task forces have been formed, and citizens are more aware of the specific issues involving commercial sexual exploitation. However, the tendency has been to focus on female victims, as females are more commonly victims in human trafficking cases. What are the issues faced by males who are trafficked, assaulted and abused for commercial sexual exploitation? Males make up nearly 20% of all human trafficking victims in Tennessee and nationwide. Based upon national numbers, a child is sold for commercial sex every two minutes. While twenty percent may seem inconsequential, when considering the staggering number of victims affected, a significant number of males are exploited and victimized by human trafficking each year. Reports published by the Tennessee Bureau of Investigation suggest that the human trafficking epidemic is just as prevalent in Tennessee as it is in other parts of the nation. In fact, within the East Tennessee region, Knox, Sevier, and Carter Counties have reported the highest number of human trafficking/incidences of commercial sexual exploitation
Fowl Practice of Humane Labeling: Proposed Amendments to Federal Standards Governing Chicken Welfare and Poultry Labeling Practices
Get PDFChickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products