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Where Has Their Innocence Gone? Addressing Child Sex Tourism
Get PDFIf someone thinks that slavery is a thing of the past, they are simply unaware of what is going on around them. It is amazingly easy to “buy” a child. Given the incredible advances in technology and the pervasiveness of the Internet, one could obtain practically any product with a simple click of a mouse. While these technological advances have made life easier in many respects, it has also made it easier for sex predators to have access to buy and sell children. These children are exploited sexually just as easily as ordering a pizza. Children around the world are used as objects to satisfy the perverted sexual desires of deviants. The bulk of these children reside in poor and vastly uneducated countries around the globe and their innocence is stolen and shattered on a daily basis. This article addresses the already rampant problem of sex tourism with special attention on child sex tourism. The focus will be to inform the who, what, and where of sex tourism, its history, the economics of it, the laws— both domestic and international—concerning sex tourism, court cases involving sex tourism, the problems associated with combating sex tourism, and also possible solutions in eliminating sex tourism
2014 Hooding Ceremony Program
Get PDFhttps://commons.law.famu.edu/hooding-ceremony-programs/1009/thumbnail.jp
High Time for Medical Marijuana or Buzz-Kill?: The Controlled Substances Act and the Sherman Antitrust Act May Cause Florida\u27s Compassionate Medical Cannabis Act to Go Up in Smoke
Get PDFFlorida is the latest state to jump into the arena of medical marijuana with the passage of SBI030 on June 16, 2014. The law, named The Compassionate Medical Cannabis Act of 2014,\u27 allows low-THC cannabis to be prescribed to patients suffering from cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms
Remedies for Foreign Citizens Subjected to Outsourced Pollution: A Case Study of American Big Oil in the Ecuadorian Amazon
Get PDFThe term “globalization” generally carries a positive connotation, invoking images of progress and international unity. “Technology” similarly enjoys a reputation of enabling human advancement and improving sustenance, shelter, education, and overall quality of life. Both promote the development of the other and their success has become intertwined. Development of the oil industry is one newsworthy example of the coming together of technology and globalization as nations rush to discover, extract, and refine oil wherever possible and sell the fuel to their own citizens or export it to other nations. Oil is also an example of dangers generally not associated with technology and globalization. The hazards of oil spills and waste for human and environmental health are highly publicized and difficult to doubt. As the oil industry has become globalized, so have the dangers to which it leads. The focus of this paper is one such danger: the disproportionate impact the exploitation of land for oil production by U.S. companies has had on the indigenous people of Ecuador
We Buy Houses : Market Heroes or Criminals?
Get PDFThe residential sale/leaseback/buyback transaction is a socially beneficial foreclosure rescue transaction that is being regulated increasingly by the criminal courts to the detriment of the homeowners, investors, and society at large. Because the transaction is being regulated more aggressively with the criminal law, peculiar outcomes arise, which include investors being sentenced, in some cases, to draconian sentences --a trend that will eviscerate the transactions rather than improving them.
In calling for a retreat from that position, this Article makes both descriptive and prescriptive claims. The first descriptive claim is that the transaction is a beneficial one and that it has valid, non-fraud raisons d\u27etre. The second descriptive claim is that the level of persecution of this transaction is escalating for several reasons. Those reasons emerge from a perfect storm of social, political, and economic factors, the desire to criminalize unconscionability, which largely has been obliterated as a civil contract doctrine, and the triumph of behavioral economics over rational choice economics in homeowner advocacy jurisprudence. The first prescriptive claim is that criminal regulation creates more harm than it cures by eroding the institution of contracting and by exacerbating the very market failure that gives rise to the transaction. The second prescriptive claim is that, where there are problems with the transaction, there are several better alternatives to criminal regulation. Specifically, minor licensing and regulation and remedial civil dispositions create better outcomes than criminal dispositions
Entertainment Careers for Lawyers, Third Edition
Get PDFEntertainment law is a popular area of study for law students and a desired career path for practitioners. Yet the glamour of working with actors, production companies, musicians, writers, and others to create works of art comes with long hours, hard work, and fierce competition for jobs. Entertainment Careers for Lawyers, Third Edition, will dispel many of the myths surrounding the practice and help lawyers and law students gain an understanding of the realities of entertainment law. This book will help you:
Gain an overview of the substantive law areas included in entertainment law, from intellectual property and litigation to contract negotiations and estate planningUnderstand the pros and cons of specializing in entertainment lawLearn about the career trajectories available in four major entertainment genres: music, theater, film, and televisionGet the academic and work experience you need to succeed in this specialtyLand your first job as an entertainment lawyer as a law studentSuccessfully transition to entertainment law as a mid-career attorneyExplore non-legal career options in the entertainment fieldUnderstand the day-to-day realities of working as an entertainment lawyerhttps://commons.law.famu.edu/faculty-books/1015/thumbnail.jp
On V. Stiviano, Donald Sterling\u27s Companion: Exploring Whiteness as Property
Get PDFMuch maligned billionaire and former Clippers owner Donald Sterling ignited national race relations discourse after his companion, V. Stiviano, was connected to the leak of a conversation in which Sterling made anti-black comments. This author posits that Sterling\u27s command that his companion Stiviano disassociate with people of color, particularly black people, is covertly and overtly racist. Covert racism is implicit in the nature of their conversation.
This paper will focus on Stiviano\u27s identity and the violence white men inflicted upon her because of her race and the circumstances surrounding her relationship with Sterling. This author contends that Stiviano attempted to distance herself from being racially identifiable due to at least a cursory understanding of the subjugation accompanying being a woman of color, particularly a black woman. While Stiviano\u27s story includes name changes and plastic surgery to establish an ethnically ambiguous beauty and exotic existence, when she was demonized in the media, punched in the face, maligned in the media, and called racist and sexist slurs, historical racial and gender hierarchies were reinforced. Thus, this research suggests that America\u27s white supremacist, misogynistic classifications of women of color should be replaced with critical race feminist self-identification and severe hate crime penalties. This author argues three main points. First, the master\u27s conduit has no associative freedom--demonstrated when Sterling perpetuated the system used by white men and white male institutions to exert control over black women in the United States. Second, if blackness is property, then black men own larger shares than black women. Patriarchy affords black men more societal value than black women. Finally, pretty canvases cannot escape bigotry and violence. Though Stiviano actively constructed a Eurocentric and materialistic identity, she was still subjected to bigotry and violence
Illegal Peace in Africa: An Inquiry into the Legality of Power Sharing with Warlords, Rebels, and Junta
Get PDFAfrican states have become testing grounds for Western conflict-resolution experiments, particularly power-sharing agreements, supposedly intended to end deadly conflict, secure peace, and build democracy in divided societies. This volume examines the legal and political efficacy of transitional political power-sharing between democratically constituted governments and the African warlords, rebels, or junta that seek to violently unseat them. What role does law indicate for itself to play in informing, shaping, and regulating peace agreements? This book addresses this question and others through the prism of three West African case studies: Liberia, Sierra Leone, and Guinea-Bissau. It applies the Neo-Kadeshean Model of analysis and offers a framework for a \u27Law on Power-sharing.\u27 In a field dominated by political scientists, and drawing from ancient and contemporary international law, this book represents the first substantive legal critique of the law, practice, and politics of power sharing.https://commons.law.famu.edu/faculty-books/1006/thumbnail.jp
Panama\u27s Pando and Monte Lirio Dams: Proactive Engagement in Environmental Human Rights Through Project Due Diligence Leads to Improved Risk Management and Cost Controls
Get PDFThe Pando-Monte Lirio Hydroelectric Power Project (Pando Project) is located along the Chiriqui Viejo River (CVR) in Western Panama. It consists of two hydroelectric dams that are part of nineteen hydroelectric installations planned and partially constructed along the CVR in Western Panama. The Pando Project reflects the Inter-American Development Bank’s (IDB’s) commitment to investments in “clean energy” in Central America. The project is an important contribution to Central America’s energy needs, but has caused a number of residents and citizen organizations in the CVR region to raise issues regarding the impact the project will have on the CVR and their livelihoods and way of life.
The IDB approved a loan for the Pando Project on December 9, 2009 in the amount of 40 million. According to the IFC’s Compliance Advisor Ombudsman Appraisal Report, the investment decision to fund the Pando Project was made despite the undefined potential cumulative impact of the development on the entire CVR. The World Bank Group’s (WBG’s) traditional mandate is to advance human rights through poverty reduction by assisting developing countries to enhance their infrastructure and economic resources. Operating within this WBG framework, the IDB and IFC implement the mandate for advancing human rights by combating poverty in developing countries. The new Human Rights and Environment (HRE) paradigm adds innovative human rights concerns; concerns that are at times at odds with the traditional role of the WBG members to combat poverty in developing but impoverished communities throughout the world.
Part I of this paper reviews the evolution of the Pando Project and the IDB’s and the IFC’s funding of the Pando Project in Panama. Part II reviews the role of the WBG, IDB, and IFC in funding economic development, including the evolution of the WBG’s traditional role and its emerging integration of the new Human Rights and Environment (HRE) paradigm into its lending practices through the IFC’s Performance Standards and the subsequent development of the Equator Principles III. Part III reviews the Pando Project’s failure to fully engage all stakeholders early in the due diligence process. Part IV proposes that proactive, synergistic engagement in integrating HRE leads to improved risk management and cost control. Promoting proactive engagement of HRE principles in Multilateral Development Banks’ (MDBs’) lending practices leads to improved economic development projects and HRE protections through lower project costs, increased cost certainty, and reduced financial and political risk
Education Rights and the New Due Process
Get PDFThis Article argues for a human dignity-based, due process clause analysis to recognize the fundamental duty of government to provide high quality, public education. Access to public education is a fundamental duty, or positive fundamental right because education is a basic human need and a constituent part of all democratic rights. In The Fifth Freedom, I argued that there is a fundamental duty under the U.S. Constitution to provide public education and that the reason a fundamental right to public education has not been recognized is because of a profound confusion regarding fundamental rights as duties.\u27 The Court is biased towards protecting negative rights or liberties over enforcing positive rights or duties. As a result, the Court has failed to develop a framework for protecting even the most basic and widely accepted of fundamental duties, the constitutional duty to provide high quality, public education. Here, I demonstrate that education is essential to any meaningful concept of personal liberty and to democracy. Without an educated citizenry, liberty and democracy are merely empty concepts devoid of meaning for all but the economically privileged and socially advantaged. For instance, voter turnout is much lower amongst people with no college educations as compared to people with college and graduate level degrees. The voter turnout rate for adults who have not completed high school is even lower.\u27 Hence, it is well understood that education inspires and enables meaningful democratic engagement. Recognizing that public education is a basic capability that is essential to human dignity requires application of a due process clause analysis similar to that applied in the 2003 human dignity-based holding of Lawrence v. Texas. Ironically, Lawrence, which is a negative-rights and liberty-based holding, can serve as the template for recognizing the positive right of access to public education. While the basic right recognized in Lawrence is the right to privacy, free of government intrusion, Lawrence rests on a broader notion of substantive due process: that privacy is essential to liberty and human dignity. Like the right to privacy, education is also essential to liberty. However, the case for a dignity based due process clause protection of the right to public education is even stronger for education than the case for the right to privacy. This is because education is essential to both the liberty and the democracy components of human dignity