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Homelessness and Legal Advocacy Clinic Brochure, page 2
No full textHomelessness and Legal Advocacy Clinic Brochure, page 2https://commons.law.famu.edu/brochure-photos/1009/thumbnail.jp
Changing Winds and Rising Tides on Beach Renourishment in Florida: Short-Term Alternatives and Long-Term Sustainable Solutions Using Law and Policy From Florida and Nearby States
Get PDFSandy beaches make up 825 miles of Florida\u27s 1,260 total miles of coastline around the Sunshine State\u27s peninsula. These beaches are changing over time due to the natural erosional forces of wind and water. Coastal engineering attempts to halt natural forces with man-made structures such as buildings, piers, groins, jetties, breakwaters, sea walls, ports, inlets, and in some cases, it creates new sandy beaches and world-class cities where none existed. In an effort to protect the new real estate from the erosion that has always existed, engineers created beach nourishment. This Article focuses on building up beaches through beach nourishment. This Article proposes that in the short-term, better funding, technological, and legal solutions for beach nourishment projects exist; and in the long-term, beach nourishment is not sustainable. By taking a practical approach to environmental problem-solving and examining innovative legal solutions, this Article focuses on how beaches may be renourished responsibly while alleviating some of the drawbacks
Riding Circuit: Bringing the Law to Those Who Need It
Get PDFIn this article, I will first look at how various state Access to Justice Commissions in the United States are addressing self-represented litigants\u27 ability to access and navigate the civil court system. I review various projects that attempt to make legal forms and processes more understandable to the public. I also discuss the role of law librarians, and how they bring a working understanding of the problems and missteps that self-represented litigants face first-hand. I argue for better inclusion of these information professionals in state commissions and in various outreach programs to improve the quality of the legal information provided to the public for better outcomes both in and outside of a courtroom.
Next, I will review some innovative models of providing access to justice in different jurisdictions that may meet one or more of the needs found in under-served populations. I will also discuss how a radical collaboration of diverse professionals can ride circuit to provide both preventive and just in time legal and social services to people in need
A Shift in the Wind: Siting More Wind Power Projects Along Texas\u27 367-Mile Coast of Gulf Winds, and Mitigating Potential Risk to Migratory Bird Populations
Get PDFWind farm development in Texas is surging, making wind power Texas’ hottest energy prospect. Texas currently produces more wind power than any other state by a significant margin, and it keeps blowing through major milestones almost every year. Part II of this paper discusses the relationship between Texas and wind energy, examining the success of onshore wind energy in Texas, the uncertainty and challenges of offshore wind energy in the Gulf of Mexico, and possible room for improvement in Texas’ onshore wind farms. Part III analyzes Texas’ current legal framework, evaluating key federal involvement within Texas’ wind energy industry, and local policy towards onshore wind energy. Part IV proposes more effective use of wind energy in Texas by shifting more wind farm development to coastal areas, while addressing possible strategies to mitigate impacts on migratory birds. Part IV also explores the viability of a transition to an increased concentration of coastal wind farms, and analyzes proper siting management and technologies that can minimize potential risk towards migratory birds
Preventing Contagion and Protecting Civil Liberties: Problems in Quarantine & Isolation Law in the United States & Suggestions for Reform
Get PDFDealing with catastrophic outbreaks of communicable disease will likely be one of the greatest challenges facing state and federal governments in the United States in the twenty-first century. In the last fifteen years, policymakers have become increasingly sensitive to the prospect of bioterrorism acts involving contagious diseases and the threat of rapid international transmission of diseases ranging from influenza to Ebola. The danger to public health posed by disease outbreak—and the danger to social order that would follow a disease outbreak—make it clear that any risk of a rapidly spreading, communicable disease would have to be met with swift and decisive measures by officials at every level of government. The use of isolation and quarantine would be among the most powerful instruments government officials would have to control the spread of disease and protect the public.
This Article examines the existing local, state, and federal law that authorizes quarantines and isolations and considers these laws in the context of public health policy and recent events. This Article also focuses on two recent cases involving the exercise of quarantine authority to illustrate the problems with existing law. Finally, this Article considers proposals for quarantine and isolation law reform at the state level and evaluates the ability of these proposals to solve the problems with existing law. This Article concludes that the most effective reform measure is to give federal public health agencies primary jurisdiction over the control of the diseases within their authority, with the power to delegate disease control tasks to state agencies
Of Life and Limb: The Failure of Florida\u27s Water Quality Criteria to Test for Vibrio Vulnificus in Coastal Waters and the Need for Enhanced Criteria, Regulation, and Notification to Protect Public Health
Get PDFThe nefarious duo of warming oceans and rising sea levels has created a menacing yet lesser-known climate change-induced problem: an increase in sea-borne diseases. For most, the biggest concern when diving into the ocean is a possible, though exceedingly rare, shark encounter; however, it is the unexpected, unseen risk of Vibrio vulnificus that poses the greater danger. Part I of this paper discusses Vibrio vulnificus cases along the coasts of Florida, examining both the illnesses that were contracted through exposure of open wounds to seawater and those contracted through the consumption of raw oysters from the Gulf Coast. Part II analyzes existing federal and state regulations regarding water quality along the coasts, including regulatory bodies that have sprung into existence to combat water quality issues and the procedures used to test coastal waters for the presence of bacteria. It also addresses the regulations governing shellfish harvesting and consumption, from Florida\u27s cooperation with the National Shellfish Sanitation Program (NSSP) to consumer advisories that are now mandated by the state. Part II concludes with a discussion of the procedure for warning the public of Vibrio along the coasts. Part III introduces the stringent regulation of raw oyster sales and consumption in California and the effect these regulations have had on reported cases of raw oyster-associated illness from Vibrio bacteria. Part IV proposes several methods by which existing laws and regulations could be amended or enhanced to better protect the public against the risk posed by Vibrio vulnificus
Housing Clinic Brochure, page 2
No full textHousing Clinic Brochure, page 2https://commons.law.famu.edu/brochure-photos/1008/thumbnail.jp
Animal Law and Environmental Law: Exploring the Connections and Synergies
Get PDFEnvironmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold, both in the United States and abroad. In What Can Animal Law Learn From Environmental Law?, editor Randall S. Abate brought together academics, advocates, and legal professionals to examine the very different histories of environmental and animal law, as well as the legal and policy frameworks that bridge the two fields. On November 16, 2015, the Environmental Law Institute held a Dialogue about these critical issues. Drawing on lessons from history, politics, and law, the panelists examined how environmental law’s successes and shortcomings can inform animal law and how the two fields can work together for mutual gain in the future
Towards a Community Patent
Get PDFDuring the European Patent Forum of May 2008, Gunter Verheugen, European Commissioner for Enterprise and Industry, declared there was an urgent need [for a community patent]. The sentiment was well received. However, in 2009, all attempts to implement a patent policy to standardize prosecution and grant across all European Union Community countries failed. Since the 1970\u27s, there have been ongoing discussions toward the creation of a Community-wide patent in the European Union (EU). In 2003, prospects for enacting a Community Patent Regulation (CPR) seemed hopeful and almost complete. However, in 2004, a stalemate arose which made the enactment of the CPR even more unlikely. On December 11, 2012, the European Parliament adopted two draft regulations aimed at creating a European Union-wide patent, along with a Unified Patent Court. This article will examine the historical challenges to the enactment of, as well as the prospects of, successful implementation of a Community-wide EU patent