Florida Agricultural and Mechanical University
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Climate Change and Global Food Security
Get PDFThe Third Annual Environmental Law and Justice Symposium, co-sponsored by Florida A&M University\u27s Environment, Development & Justice Program in the Center for International Law and Justice at the College of Law, and the Center for Environmental Equity and Justice at the School of the Environment, will engage the general public, college faculty and students, environmental policy and decision makers, and community food stakeholders in dialogue, activities, and publication of lectures and scholarship addressing the impact of climate change on the global, regional, and local food supply.https://commons.law.famu.edu/cilj-lectures-pres/1000/thumbnail.jp
Prece-Don\u27t: Corporations and the Rise of the Modern Judicial Dictatorship
Get PDFIn 2010, the Supreme Court decision, Citizens United v. Federal Election Commission, declared unconstitutional any law forbidding corporations and unions from using general treasury funds for electioneering communication, or political advocacy transmitted by broadcast, cable, or satellite communication in the period leading up to a federal election.
This note will examine the implications of the Citizens United decision and will argue that the future of First Amendment protection of corporate speech does not turn on any notion of corporate personhood. It will explore exactly how the Court has applied the equal protection clause of the Fourteenth Amendment to corporations. It will re-examine the infamous Santa Clara headnote and the genesis of the legal community\u27s flawed perception of corporate personhood. Part II will break down the Citizens Court\u27s approach and will show how the majority could have reached the same result without overturning perfectly good law. Part II will also illustrate the majority\u27s pro-business bias and its role in their analysis. Part III will discuss the implications of the decision on campaign finance laws as they relate to corporations owned by foreign nationals. It will explore how the various campaign finance laws, starting with Tillman Act of 1907 through the McCainFeingold amendments of 2002, have treated multinational corporations and how Citizens may change everything. As an academic exercise, Part IV will briefly extend the Citizen Court\u27s logic to second amendment protection of a corporation\u27s right to bear arms. The note will conclude with a warning, echoing Justice Stevens\u27 concerns regarding the lack of judicial restraint and the future of the Court
HeLa Cells and Unjust Enrichment in the Human Body
Get PDFHenrietta Lacks achieved fame and immortality in the world of science. In 1951, Johns Hopkins Hospital harvested the tissue of Ms. Lacks, a 31-year-old African American woman diagnosed with cervical cancer to mass produce HeLa cells. \u27 The money derived from her cell line produced wonders and scientific breakthroughs in technology, biology and medicine which far exceeds that reflected in the published literature, because it is the reference cell in so many research laboratories.”
In this essay, I place Ms. Lacks\u27 parts (tissue cells) back into her body to raise a claim of unjust enrichment. I discuss the ongoing debate as to whether the ownership of cells is a legally protected interest. I explore historical facts and apply them to eke out justice for Ms. Lacks and her descendants. I sketch the elements for unjust enrichment under Restatement (Third) of Restitution and Unjust Enrichment (2011). The new restatement offers an opportunity to re-visit the unauthorized taking of and profiting from Ms. Lacks\u27 cell line. Even if it does not fit expressly within the definition of unjust enrichment, it fits within the purpose and goals of the concept
LMAO; That Guy Is Such a &*%#!: Redefining Defamation Law\u27s Stagnant Community Standard in a Rapidly Changing World
Get PDFNearly forty years ago in the heat of the civil rights movement, the Supreme Court famously considered whether a Montgomery, Alabama Commissioner who supervised the Police Department was damaged by defamatory comments. In determining whether the false statements published in the New York Times article lowered the Commissioner\u27s reputation and impeded his reelection chances, the court wrestled with defining the community in which these comments were published. Should the Supreme Court consider the allegedly defamatory comments within the scope of a national community, as the New York Times is a national publication, or was the correct community restrained to the registered voters in the Montgomery district upon whose votes the Commissioner would depend? Before social media allowed us to join forums, create identities with likeminded individuals, tweet, post, or text message statements instantaneously, globally and with little or no filter, the standards of community were often viewed through a geographic lens. This note proposes that the current legal system in which judges must speculate and arbitrarily determine a plaintiff’s community based on judge\u27s own unconscious beliefs and individualized views, needs to be reformed
Enslaved Women in America: An Encyclopedia
Get PDFThis reference provides an authoritative account of the daily lives of enslaved women in the United States, from colonial times to emancipation following the Civil War. Through essays, photos, and primary source documents, the female experience is explored, and women are depicted as central, rather than marginal, figures in history. Slavery in the history of the United States continues to loom large in our national consciousness, and the role of women in this dark chapter of the American past is largely under-examined. This encyclopedia focuses on the daily experiences and roles of female slaves in the United States, from colonial times to official abolition provided by the 13th amendment to the Constitution in 1865. Enslaved Women in America: An Encyclopedia contains 100 entries written by a range of experts and covering all aspects of daily life.
Topics include culture, family, health, labor, resistance, and violence. Arranged alphabetically by entry, this unique look at history features life histories of lesser-known African American women, including Harriet Robinson Scott, the wife of Dred Scott, as well as more notable figures.https://commons.law.famu.edu/faculty-books/1011/thumbnail.jp
FAMU Lawyer Annual Newsletter Summer 2012 Vol. 9, No. 2
Get PDFhttps://commons.law.famu.edu/lawyernewsletter/1014/thumbnail.jp
Following a Sigmoid Progression: Some Jurisprudential and Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States
Get PDFThis article analyzes methods and doctrines used by States to acquire territories. The role of the United Nations in resolving disputes between nations and the inhabitants directly affected by the disputes is also addressed, including the jurisdictional, jurisprudential, and practical considerations of territorial acquisition. Finally, traditional territorial acquisition doctrines are applied to extraterrestrial and outer space acquisition. As Western civilization etched out territories and borders across its known world, international norms of diplomatic behavior appeared in the form of customs. These customs eventually grew into codifications, which in turn grew into the elaborate international system enjoyed and protested today. Laws emerged among international States to formalize the growing body of norms of interaction across them. Modern territorial sovereignty provides the State an “exclusive right” to perform State functions within that territory, but with a realization that no State may exercise its authority within the territorial limits of other States
