Florida Agricultural and Mechanical University
Florida Agricultural & Mechanical University College of LawNot a member yet
884 research outputs found
Sort by
Transferring Nonnegotiable Mortgage Notes
Get PDFThis article reviews what we know about transferring ownership and the right of enforcement of nonnegotiable notes. The focus will be on notes secured by mortgages, since this is likely the context in which most modern nonnegotiable notes are created. There has been a vast amount of litigation about the transfer of negotiable mortgage notes in the past half decade, greatly expanding our understanding, but there has been little development involving nonnegotiable notes. Hence, it is helpful to compare negotiable and nonnegotiable notes, with particular emphasis on how each is transferred. Perhaps ironically, this means that the bulk of this article discusses negotiable notes as a point of reference, despite the fact that its ultimate focus is nonnegotiable notes. Part I of this article reviews the history of the definition of negotiability, and shows how our current understanding of negotiability came to be. Part II demonstrates how to tell the difference between negotiable and nonnegotiable notes, and why that difference is important. Part III discusses the meaning of “transfer” of a promissory note. Part IV examines specifically how the right to enforce nonnegotiable notes can be transferred under present law, and considers whether changes are needed. Finally, this article concludes with a brief description of a proposed national mortgage registry that has the potential to make transfers of both negotiable and nonnegotiable mortgage notes far more efficient without disrupting the current legal regime
Selling Florida\u27s Water up the River
Get PDFWhile Florida has the second highest rainfall in the United States, from the northern Okefenokee Swamp to the southern Florida Everglades, these bountiful ecosystems are still dependent to a great degree on the level and flow of underground watersupplies. Yet these life sustaining water bodies are under threatby the very government agency tasked to protect them. By sellingmillions upon millions of gallons of water from the Floridan aquiferto out-of-state bottling interests, Florida\u27s water managementdistricts are causing an unnecessary, yet life threatening, depletionof the aquifer waters. Over the last forty years of regulation by thewater management districts, many of our springs have declined inquality and flow while others have dried up altogether.In Central Florida, the St. Johns River Water ManagementDistrict issues numerous Consumptive Use Permits, or CUPs, topublic and private development interests. Often selling millions ofgallons each year for nothing more than a few hundred dollars inpermitting fees. In recent years, the St. Johns River WaterManagement District has issued hundreds of millions of gallons inCUPs despite outcry from both local governments and local citizens.This article reviews two of the most controversial of these permits
A Blanket of Immunity Will Not Keep Florida Dry: Proposed Adjustments to Florida\u27s Drainage Regulations and Sovereign Immunity Laws to Account for Climate Change Impacts
Get PDFAddressing stormwater drainage in Florida has been an ongoing challenge since the middle of the twentieth century when the State began to experience rapid growth. Drainage problems already occur in Florida during seasonal high tides, heavy rains, and in storm surge events, and the impacts projected by climate change will exacerbate flooding. Identification of deficiencies in Florida’s existing drainage systems should include the responsibility and liability of drainage systems to be retrofitted to adapt to climate change. Part I of this paper explains the connection between global climate change and its effects on stormwater drainage in Florida. The existing governmental entities for stormwater drainage in Florida are identified and the scope of their governance is explained in Part II. Part III summarizes the existing sovereign immunity laws in Florida, including an explanation of how the federal roots and key exceptions to sovereign immunity influence Florida law. Part IV discusses two views on proposed changes to Florida’s sovereign immunity laws
2015 Law Student Animal Law Legal Writing Competition
No full textCongratulations to FAMU Law Student Kara Graham, the winner of the 2015 Law Student Animal Law Legal Writing Competition! The annual competition is presented by the Florida State University College of Law Chapter of the Student Animal Legal Defense Fund and is co-sponsored by Pets Ad Litem, Inc. and The Florida Bar Animal Law Committee.
Ms. Graham\u27s winning entry in the competition was entitled: Cooling Down Florida’s Coast: Saving East Central and Southeast Florida’s Sea Turtles From Impacts of Climate Change. Ms. Graham was recently honored by FAMU College of Law Professor Randall S. Abate and immediate past chair of the Animal Law Committee and founder of Pets Ad Litem, Inc. Ralph DeMeo.https://commons.law.famu.edu/student-photos/1000/thumbnail.jp
Reflections on Presumed Incompetent: The Intersections of Race and Class for Women in Academia Symposium - The Plenary Panel
Get PDFComeback of Community-based Forest Management: The Need to Revamp Strategies to Promote Decentralized Environmental Governance in India and Brazil
Get PDFThe governance of forests and their resources has always been a contentious issue. It has created a divide between developing and developed countries, as well as within them. With the increasing recognition of forests as valuable commodities in the global market, the management of forests in developing countries is becoming a matter of constant concern for ecologists, economists, and politicians.
Part I of this article provides an overview of the Participatory Forest Management (PFM) approach in the international context. Part II and III examine environmental governance in the forest sector of two rapidly emerging economies of the world, India and Brazil. Part IV analyzes the two regimes and proposes adoption of favorable practices from one another to supplement their PFM framework through policy recommendations. The discourse focuses on the development of participatory tools for forest governance, pinpointing the key legal instruments, executive actions, institutional arrangements, and public engagement initiatives in the context of the historical, political, and economic backdrop of both countries. The fundamental role of the state and judiciary in inducing regulatory and behavioral coherence among the key actors has been discussed in the light of accountability and transparency by way of background and analysis. The article concludes with recommendations to mitigate existing and future conflicts in the successful implementation of a PFM regime in India
Move, or Wait for the Flood and Die: Protection of Environmentally Displaced Populations Through a New Relocation Law
Get PDF
