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Environmental Law and Policy: Nature Law and Society
No full textEnvironmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach. It explores the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field. Sax emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law.https://commons.law.famu.edu/faculty-books/1034/thumbnail.jp
A Discussion With EPA\u27s General Counsel Avi Garbow: Environmental Justice, Agency Priorities, and Employment
Get PDFThe Center For International Law & Justice and Environmental Law Society present a discussion with Avi S. Garbow who, during his tenure as EPA General Counsel, has worked closely on the Clean Power Plan, Clean Water Rule and other initiatives.https://commons.law.famu.edu/env-anim/1002/thumbnail.jp
Community Economic Development Clinic
No full textCommunity Economic Development Clinichttps://commons.law.famu.edu/brochure-photos/1001/thumbnail.jp
The Real Homeland Security Gaps
Get PDFThis Article reveals the real security gaps in FPS and suggests that the enormous delegation of FPS\u27s vital security functions to private contractors should be treated as an unconstitutional delegation of an inherently governmental function. However, the current constitutional doctrine regarding inherently governmental functions is so weak that even this obvious example of a vital security function that ought to be performed by government fails to satisfy the current constitutional standard for being inherently governmental. Part II presents the FPS federal infrastructure mission and the real homeland security gaps created by post 9/11 policies that have undermined FPS security capabilities. Part II demonstrates that these homeland security gaps outweigh the structural and budgetary concerns that have been used to justify the widespread delegation of federal security to private contractors. Part III analyzes the legal authority for FPS privatization and recognizes that the current excessive privatization and its resulting homeland security gaps is inconsistent with the legislative intent of the DHS Act. Despite Congress\u27s legislative intent, the Department has broad legal authority to privatize under statutory law and this does not violate executive branch policies regarding privatization. Part IV considers the constitutional law concerns that excessive privatization raises and suggests that, despite judicial reluctance to enforce a limit on privatization based on the nondelegation doctrine, limitations should bar privatizing the FPS to the point that homeland security is severely undermined. The privatization of government-here, through the expansive and broad privatization of the FPS security functions undermines our core precepts regarding democratic governance and our constitutional structure
Centering Education in the Next Great Copyright Act: A Response to Professor Jaszi
Get PDFRather, as the Georgia State decisions exemplify, educators and educational institutions are treated like every other unlicensed user of copyrighted materials; they are expected to prove that each use is a fair use firmly within the confines of existing fair use jurisprudence. Jaszi further asserts that endeavoring to change the copy-right statute is a lost cause and offers, as the least bad alternative, the possibility of educators articulating their uses as transformative and, therefore, well within the recognized parameters of the fair use doctrine. This piece responds to Professor Jaszi’s article. Part II briefly analyzes the Georgia State decisions out of the Northern District of Georgia and the Eleventh Circuit. The analysis is intended to demonstrate the uphill battle educational institutions are likely to face in following Professor Jaszi’s recommendation. In Part III this article considers the pragmatic issues fair use presents for educational institutions accused of copyright infringement; specifically institutional risk-aversion and potential costs of and exposure to liability. In Part IV, we suggest an alternative to Jaszi’s approach; we call for educators to organize and strategize around a legislative solution that recognizes the importance of education to the purpose of copyright, as articulated in the Constitution. Part V concludes
The Injustice of Sea Level Rise: Ethics and Evidence, Lies and Liability--Event Poster
Get PDFThe Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a 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/1004/thumbnail.jp
Legal and Medical Ethical Entanglements of Infant Male Circumcision and International Law
Get PDFThe practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organisations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that female genital mutilation has received
How the Lone Star State Reached the Entire Nation: The Need to Limit the Nationwide Injunction Against DAPA and DACA in United States v. Texas
Get PDFOn June 23, 2016, the Supreme Court of the United States was ultimately deadlocked in the case United States v. Texas. In just one line, the Supreme Court shattered the dreams of millions of undocumented children and their parents who were residing in the United States; those like Anthony and Maria.The Supreme Court\u27s utterance of these nine words, [t]he judgment is affirmed by an equally divided Court, created instability and uncertainty amongst undocumented children, students, workers and parents. This divided decision upheld a nationwide injunction against President Obama\u27s executive action creating DAPA and expanding DACA.
Although the stories of Anthony and Maria are hypotheticals, they are reminiscent of millions of actual stories of undocumented people who have been affected by the nationwide injunction. To address this meaningful issue, this article will argue that the injunction\u27s applicability needs to be limited to Texas; this can be achieved by challenging the nationwide injunction in the other states which were not a party to the lawsuit. First, this article will discuss the background of DAPA and Expanded DACA, along with the court case and subsequent appeals which created and upheld the nationwide injunction. Next, this article will discuss the arguments for and against the nationwide injunction and its legitimacy. Lastly, this article will argue that a nationwide injunction-based on an initial decision by one court in Texas-is inherently overbroad and should be challenged by those affected in forty-nine other states
A Civil Rights Act for the 21st Century: The Privileges and Immunities Clause and a Constitutional Guarantee to be Free from Discriminatory Impact
Get PDFAs the nation reflects on the fiftieth anniversaries of the various civil rights legislation of the 1960s\u27 and considers the challenges that remain for fully addressing our history of racial discrimination, segregation, and suppression, we must begin with a very fundamental question: What is the harm that we are seeking to address, and how effectively do our current civil rights laws work towards achieving that goal? Given our collective success in addressing some of the most egregious intentional discrimination, as well as the intransigent, and evolving nature of institutional racism, it is time for a new Civil Rights Act that focuses on discriminatory impacts and effects. In light of the Court\u27s restrictive interpretation of the Equal Protection Clause this new Civil Rights Act should look to another portion of the Fourteenth Amendment, the Privileges and Immunities Clause, which should be interpreted to provide the basis for guaranteeing the inclusion of African Americans into the full range of benefits of our community. While the United States Supreme Court undercut the Privileges and Immunities Clause just five years after the amendment was ratified, the new challenges we face in achieving racial justice demand its revitalization and reaffirmation