Florida Agricultural and Mechanical University
Florida Agricultural & Mechanical University College of LawNot a member yet
884 research outputs found
Sort by
Leveraging Academic Law Libraries to Expand Access to Justice
Get PDFAcademic law libraries are in a unique position to help citizens gain access to the court system and legal information. By creating clinics that focus on helping pro se patrons find and complete legal forms, academic law libraries would not only benefit their schools but also the justice system
Black Legal Education at HBCUs: A History of Segregation Merits Getting Back to Increasing the Pipeline by Enhancing HBCU Law Schools
No full text
Tort Law: Skills and Practice Workbook (The Lawyering)
No full textThis tort law workbook is an essential companion to every torts course. It bridges the theory versus praxis gap by introducing real-life tort related challenges that emerge in Harmville, USA, a fictional town. Harmville\u27s residents provide the scenarios for exercises that are integral to effectively building and honing practical legal skills, including critical thinking, legal research, and writing. Students will be required to perform legal tasks for Harmville\u27s residents in a manner that can easily parallel and enhance any torts class. This workbook includes relevant statute(s), case law, and internet links to act on or resolve tort law issues. Each chapter also has a checklist, key questions to ask clients, and an effective self-assessment tool. While this book s applicable reach is broad, it also refers to legal resources and a Teacher s Manual for the following states: Florida; Illinois; New York; Ohio; Pennsylvania; and Texas.https://commons.law.famu.edu/faculty-books/1037/thumbnail.jp
A Historical Account of the Internationalization of Invest Disputes: What the Global South Should Know When Negotiating Bilateral Investment Treaties
Get PDFUnder international law, and perhaps in the context of the ICSID Convention, it is fair to state that; the potential for investment disputes is more likely with respect to foreign investments hosted in the global south. In most situations when investment disputes arise, foreign investors often allege that an act that includes regulatory initiatives of the host state or an omission attributable to the host state, has occasioned a violation of applicable investment agreement. Sometimes the basis for the alleged breach results from underlying contractual claims by the foreign investor. Thus, investment claims have created the intellectual foundation for a spirited debate over whether the insulation of contractual claims from treaty claims should be standardized under international investment law and arbitration. There are valid arguments on both sides of the divide. In spite of good attempts to articulate a more acceptable position on the issue, including the suggestion of an integrationist approach to reconcile the opposing propositions on this critical matter, the jury of scholars is still out on that question. Arbitral jurisprudence has provided little or no guidance on the resolution of the debate either
The Right to Bear Arms... and Lesson Plans
Get PDFThis Article will argue that due to the unique characteristics of mass school shootings, including their swiftness, unpredictability, and at times advanced planning and preparation, that American society can no longer simply rely on law enforcement to effectively stop or even prevent future acts of mass violence from occurring on our schools. Rather, legally licensed and armed teachers and school personnel are actually the most effective deterrent to mass school shootings. The primary focus of this Article will be schools kindergarten through twelfth grade (K-12), as they comprise of the majority of mass shootings in the United States and typically do not have their own school police department as most public and private postsecondary schools do.
Part I of this Article will review how some noteworthy states are legislatively combating this problem by allowing school faculty to legally carry weapons, with proper training and licensing, on school campuses. Part II will discuss the strong opposition to allowing guns on school campuses and analysis of suggested alternative preventative measures. Part III of this Article will analyze how effective these legislative measures have been since their inception. Finally, Part IV will attempt to look to the future in order to predict the ongoing evolution of legally allowing guns on school campuses
Mind the Gap: Proposing a Tool for Identifying Gaps in Institutional Arbitration Rules
Get PDFA recognized benefit of arbitration is the power of the disputants to select, usually in advance, the procedural rules that will govern their dispute resolution. The right to determine procedural rules may be particularly important in transnational agreements where contracting parties are from States with different legal cultures. Of course, Parties capitalizing on this advantage do not draft new procedural rules for every transaction. Instead, the parties incorporate procedural rules created by arbitral institutions into their agreements. This creates clear incentives for institutions to develop thorough yet flexible procedural rules. Despite this incentive, the rules themselves may be deficient in resolving a particular procedural issue. In these cases, the tribunal must make an important determination: Is there a gap in the rules that must be filled by an exercise of the tribunal’s discretion or does the silence imply an intent to preclude a particular procedural mechanism?
Much has been written on the identification of gaps in party contracts by arbitral tribunals; however, the literature is largely silent on the identification of gaps in procedural rules. In this paper I will provide background on the nature and consequences of a gap and propose a Borrowed Rule Principle to help tribunals determine whether a gap exists. I will apply the Borrowed Rule Principle to two provisions from the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada Rules (CAM-CCBC Rules) to determine whether those provisions contain gaps that must be filled
Copyright to the Rescue: Should Copyright Protect Privacy?
Get PDFWhile some courts have held that “[i]t is universally recognized . . . that the protection of privacy is not the function of our copyright law,” the remedies afforded copyright owners make pursuing copyright claims an attractive option to privacy plaintiffs. Copyright remedies include the removal of digital copies from the internet and the destruction of physical copies. The extent to which copyright ought to protect privacy interests has been considered in various jurisdictions recently but has not been treated comprehensively by contemporary legal scholars in the United States. This piece seeks to undertake that treatment.
Part II of this paper begins this consideration by discussing two cases in which plaintiffs asserted copyright claims in addition to privacy allegations, though the underlying injuries were clearly primarily privacy-based. Part III provides a brief overview of the current state of privacy law. Part IV then considers the theoretical and jurisprudential overlap between privacy and copyright, and highlights the problems presented by protecting privacy through copyright. Part IV also suggests two relatively modest legislative solutions: (1) a limited federal statute that would provide a plaintiff alleging online privacy infringement with a remedy analogous to the DMCA’s takedown provisions available to those alleging online copyright infringement; and (2) statutorily adopting the moral right of disclosure already recognized in other countries in order to codify the common law right of first publication. Finally, Part V concludes by returning to the Ashley Madison example to consider the potential of the proposed solutions to address the problems presented