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Rationed Justice
Get PDFIn the United States, equal justice under law is at the very forefront of our American justice system. Equal justice is meant to guarantee equal access to the justice system. Equal access to the judicial process is the sin qua non of a just society. Many Americans, however, do not have any access to the justice system, never mind that of equal access. Equal justice has not reached the nation\u27s indigent, or even many of our moderate-income citizens
Housing Clinic Brochure
No full textHousing Clinic Brochurehttps://commons.law.famu.edu/brochure-photos/1003/thumbnail.jp
Spying
Get PDFRonald C. Griffin’s paper Spying, which is the third paper in the book Selected Issues in Modern Jurisprudence, edited by David A. Frenkel, begins with the finding in the Church Committee Report in the USA. It spotlights Edward Snowden’s disclosure about the NSA, reviews pertinent laws about spying and parades some suggestions and recommendation to curb government excesses.https://commons.law.famu.edu/faculty-books/1012/thumbnail.jp
How the Public Trust Doctrine\u27s Fiduciary Duty Requirement Requires States\u27 Proactive Response to Promote Offshore Power Generation
Get PDFAs the earth continues to warm and the impacts of that warming trend loom larger, the question becomes whether and to what degree do governments have responsibility to respond to that threat. The potential range of threats and impacts from climate change vary greatly and governments’ ability to respond, effectively and efficiently, exceeds that of the individual and therefore must fall on the greater collection of individuals. In the United States, one way that the collection of individuals is represented, albeit with limitations, is by the government that operates for the collective public good. This Article focuses on what responsibility state governments have under the public trust doctrine in United States jurisprudence and determines how effective the response of government should be when viewed in a public trust context
Banning Metal Mining in Guatemala
Get PDFMetal mining is unsustainable for Guatemala and its harms insurmountable for its people. Guatemalans who oppose metal mining have been fighting for decades domestically and internationally against the environmental degradation and other human rights abuses from metal mining activities in the country with little to show for their efforts. The State is too weak and corrupt to offer much hope for reform. Guatemala requires extensive governance reforms to become the type of strong democracy capable of reaping the potential benefits of metal mining in its territory. This is a long-term project. Most Guatemalans opposed to metal mining already know this, and the struggle is largely to ban all metal mining in the country. However, the prospect of a ban is elusive, in part because the country may face liability from investors affected by the ban. This Article presents the best case for a metal mining ban while exploring alternatives to minimize the investor liability costs to the country. First, the Article recommends that Guatemala exercise its sovereign right to adopt a law banning all future metal mining concessions. Second, Guatemala should rely on existing domestic laws to close the metal mines and mitigate the substantial damages resulting from these activities. Under either approach, Guatemala is likely to face investor liability in the millions and perhaps lose future investment in the country. This Article offers Guatemala suggestions for defending and mitigating these costs by relying on comparative studies of similar actions taken by Costa Rica and El Salvador
Guardian Ad Litem Clinic Brochure
No full textGuardian Ad Litem Clinic Brochurehttps://commons.law.famu.edu/brochure-photos/1002/thumbnail.jp
Cooperating Individual or Entity: Law Enforcement\u27s Friend in a Time of Escalating Deficits and Tight Budgets
Get PDFEverything You Wanted to Know About Breast Augmentation Surgery But Were Afraid To Ask: A Medical - Legal Overview
Get PDFThis article will provide a medical/legal perspective to breast augmentation surgery. Written by an attorney who teaches anatomy and a plastic surgeon who routinely performs the procedure, it will initially offer a medical analysis of how the procedure is performed along with its attendant risks. The second part will focus on the court cases and legal theories that have arisen when things go wrong. The article will explain the convoluted litigation history involving breast augmentation when suits were common place and a group of experts linked breast implants to the development of autoimmune disease without any real scientific basis to support their opinions. It will conclude with a discussion of the various legal theories currently being asserted when the surgery does not live up to the patient\u27s expectations