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From Inside the Cage to Outside the Box: Natural Resources as a Platform for Nonhuman Animal Personhood in the U.S. and Australia
Get PDFNonhuman animals are currently treated as property under U.S. and Australian law, leaving them open to various kinds of exploitation. There has been a gradual evolution away from this property paradigm in both countries, but significant work remains to ensure that nonhuman animals are afforded adequate legal protections. This article considers the legal avenues available to protect nonhuman animals in the U.S. and Australia, focusing particularly on the attribution of legal personhood. Section 2 of the article reviews attempts by the Nonhuman Rights Project (NhRP) to establish legal personhood protections for nonhuman animals through writ of habeas corpus petitions under U.S. common law. Section 3 surveys the options for recognition of animal personhood under Australian law, discussing issues of standing, habeas corpus, and guardianship models. Section 4 discusses the growing movement to assign legal personhood rights to natural resources. The article proposes that to the extent that natural resources have received legal personhood protection to recognize their inherent value, similar protections should be afforded to animals. In the meantime, habeas corpus, standing, and guardianship theories provide valuable procedural platforms for incremental progress toward protecting nonhuman animals in both the U.S. and Australia
Law Day Fifth District Court of Appeal Oral Arguments at Florida Agricultural and Mechanical University College of Law, 2016
Get PDFAs part of FAMU College of Law\u27s Law Day activities, the Florida Fifth District Court of Appeal is holding a session in the FAMU College of Law Ceremonial Moot Courtroom. A three judge panel is hearing oral arguments from attorneys representing their clients in cases involving suppression of evidence, the exclusionary rule and other evidentiary questions, as well as the ineffective assistance of counsel in a case involving deportation issues. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.https://commons.law.famu.edu/law-day/1007/thumbnail.jp
The Legislative History of the Administrative Procedure Act
Get PDFDuring the twentieth century, one of the most important developments in American government and politics was the expanding power of administrative agencies of all kinds. The enactment of the Administrative Procedure Act (“APA”) of 1946 was the crucial event in the course of this expansion. The APA was the culmination of long-term efforts to regulate the decision-making of administrative agencies, and it reflected a significant political compromise. This paper traces the outlines of that reflection. In Part I, it reviews the political background leading up to the proposal of the legislation in the 79th Congress that became the APA. In Part II, it reviews the circumstances surrounding how the APA developed and was eventually enacted during 1945 and 1946. Part III discusses the evolution of the definitions of the crucial statutory terms that categorized agency and culminated in Section 2 of the APA. Parts IV-VI describe how the APA regulated agency rulemaking, agency adjudication, and the judicial review of agency action respectively
Community Economic Development Clinic Brochure, page 2
No full textCommunity Economic Development Clinic Brochure, page 2https://commons.law.famu.edu/brochure-photos/1006/thumbnail.jp
A Student Electronic Discovery Primer: An Essential Companion for Civil Procedure Courses
Get PDFA Student Electronic-Discovery Primer supplements the traditional civil procedure textbook. The Primer is specifically designed as a practical and accessible guide for the first-year law student. Traditional civil procedure textbooks have given short shrift to what has emerged as a foundation of modern civil litigation—electronic discovery. This concise text introduces students to the new and often troubling themes of electronic discovery: preservation, search, metadata, and forms of production, touching upon the major issues that confront the use of digital data in litigation. It also includes sample electronic discovery practice forms and outlines the key 2015 amendments to the Federal Rules of Civil Procedure relating to electronic discovery. This Primer is an excellent electronic discovery introduction for students and a handy guide for civil procedure professors.https://commons.law.famu.edu/faculty-books/1020/thumbnail.jp
Virgil Hawkins: Educator & Civil Rights Activist
Get PDFVirgil Darnell Hawkins was an African-American trailblazer. Through and by way of his unrelenting effort to become a Florida lawyer, the Jim Crow laws, that once kept Florida\u27s African Americans from attending the white public universities and colleges, were eventually abolished. This paved the way for the end of discrimination in Florida\u27s schools of higher learning and opened the way for African Americans to attend state universities and colleges.
This program and presentation honor Mr. Virgil Darnell Hawkins
The Injustice of Sea Level Rise: Ethics and Evidence, Lies and Liability--Text of Speech
Get PDFThe Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.https://commons.law.famu.edu/cilj-lectures-pres/1008/thumbnail.jp
Best Practices for Local Government Land Use Decision-making: A Non-Legislative Approach
No full textThis peer reviewed article illustrates problems in local government hearing processes and recommends methods to ensure more efficient and citizen-friendly hearings
The Color of Pain: Blacks and the U.S. Health Care System--Can the Affordable Care Act Help to Heal a History of Injustice?, Part II
Get PDFThe state of Americans\u27 health care has been troubling, especially before health care reform.The Affordable Care Act (ACA) is often touted as universal health care, and the initial intention was for the U.S. to have universal health care. However, with all of the compromises involved in its passage, the ACA resulted in comprehensive health insurance reform, significantly increasing the accessibility, affordability, and quality of health care for most, but not all, Americans. The ACA is a substantial step toward universal health care-a near-universal mandate-that may soon provide coverage to all Americans, and even include undocumented immigrants. Americans can find excellent health care-if they can afford it. The key is health insurance. For those without health insurance, inadequate health care has been determined to be a chief cause of death, putting it statistically ahead of HJV/AJDS and diabetes. Uninsured adults often forego needed medical care or preventive care, and are twice as likely to have poor health as their privately insured counterparts. Furthermore, uninsured Americans with chronic conditions, such as diabetes, cancer, or heart disease, have difficulty managing their ailments precisely because they have no insurance. Lack of health insurance has been linked to developmental and educational deficits for children, reductions in workforce productivity, and significant familial and community stresses. By the time uninsured adults reach the age of sixty-five and are able to qualify for Medicare, they generally require more care than their insured counterparts. \u27 Uninsured patients are three times more likely to die during their hospital stays than insured patients, and they are 25 percent more likely to die prematurely than those with insurance. In addition, uninsured citizens use the emergency room as their primary source of care, placing a huge burden on medical facilities. Indeed, uninsured persons receive billions of dollars in care from emergency room services, for which they do not pay. Finally, uninsured individuals receive about 25,000. While all racial and ethnic groups are impacted,\u27 these problems disproportionately affect African Americans and Hispanics, who have significantly greater uninsured rates than whites. America\u27s health care crisis is a societal concern, because Americans collectively shoulder the health care costs of its uninsured and underinsured citizens. Faced with the possibility of creating a permanent health and health care underclass consisting of African Americans, Hispanics, and the working poor, Americans needed a solution-a national health care system for its citizen
Homelessness and Legal Advocacy Clinic Brochure
No full textHomelessness and Legal Advocacy Clinic Brochurehttps://commons.law.famu.edu/brochure-photos/1005/thumbnail.jp