Florida Agricultural and Mechanical University

Florida Agricultural & Mechanical University College of Law
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    884 research outputs found

    Homosexuality and Death: A Legal Analysis of Uganda\u27s Proposed Anti-Homosexuality Bill

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    Percy R. Luney, Jr., Dean 2001-2005

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    Percy R. Luney, Jr. drew on extensive experience in the legal and academic arenas to open the FAMU College of Law in Orlando to an inaugural class of 89 students in August 2002. Under his leadership, the FAMU College of Law received provisional accreditation from the American Bar Association (ABA) in July 2004. Dean Luney’s vision of a first-class law school facility led to the groundbreaking for and design of the state-of-the-art permanent campus at 201 Beggs Avenue. This official portrait was presented to remind generations of the many contributions and sacrifices Dean Luney made on behalf of the FAMU College of Law.https://commons.law.famu.edu/col-deans-portraits/1000/thumbnail.jp

    Ghana Journey: Private Investment, Public Funding, and Domestic Reform

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    Some folks are good. But man is evil. He is driven by impulses, avarice, reason, scholarship, and barbarism. Ghana\u27s history affirms some of the social and philosophical claims about man and evil. A scholarly narrative about American economic life, trenched in Ghana like an overlay, will unveil bits about big businesses, small businesses, and doing business in Ghana

    Screen, Stabilize, and Ship: EMTALA, U.S. Hospitals, and Undocumented Immigrants (International Patient Dumping)

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    Pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA), patient dumping is illegal in the United States. American hospitals cannot inappropriately discharge or transfer unstable patients to other medical facilities in the United States without violating EMTALA. Yet, American hospitals are doing this very thing- international patient dumping, by inappropriately transferring or discharging (i.e. shipping) indigent undocumented immigrants in arguably unstable conditions to Third World medical facilities in the home country of the immigrant absent federal government oversight or compliance with EMTALA

    Editor\u27s Note

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    Table of Contents - Issue 2

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    UN Peacekeeping: A Sheep in Wolves Clothing? Review of UN Peacekeeping in Lebanon, Somalia and Kosovo: Operational and Legal Issues in Practice

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    Scholars and practitioners have been debating the legal and operational aspects of UN military operations since its enforcement actions in North Korea in 1950 and the Congo in 1960 (UN Operation in the Congo [ONUC]). Since then, the UN Security Council (UNSC) has authorized some semblance of enforcement action in Kuwait, Somalia, the former Yugoslavia, Kosovo, East Timor and Albania, and authorized, sanctioned or co-deployed forces in Liberia, Sierra Leone, the Central African Republic, the Democratic Republic of the Congo, Coˆte d’Ivoire and Sudan. The scholarly literature is abundant with analysis of nearly every aspect of peacekeeping and peace enforcement by the UN, regional organizations, regional alliances and coalitions of the willing. Hence, the challenge for new scholarship on peacekeeping is to carve out an identifiable niche while simultaneously making an original contribution to scholarly debate and policy-related discourse. Ray Murphy’s book attempts to meet this challenge; albeit awkwardly. Generally speaking, his text is a solid read for graduate students, junior academics and lower-level policy and operations staff in government and international institutions preoccupied with peacekeeping issues. It provides a rich analysis of the character of UN military and civilian operations in Lebanon, Somalia and Kosovo, while providing insightful regional analysis. It is a straightforward, relatively compelling and ‘politically incorrect’ indictment of UN peacekeeping and peace-enforcement practice and doctrine

    Hurricane Katrina Victims: A Claim in the International Courts

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    A Critical Consideration of Executive Orders: Glimmerings of Autopoiesis in the Executive Role

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    The United States Constitution is a parsimonious document, meant to retain the dynamic processes of the three branches of government within their respective spheres and overarching principles, beyond which it offers the latitude necessary for the developing nation to adapt to future contingencies. The Congress and the President are the governing institutions of two of those branches, to which agility is essential as a matter of survival. The most agile tool that the President has is the executive order. There is no statutory authority for the federal executive order or any other source that describes its legal effect, as such, there is no formal definition. This quasi-primer addresses executive orders in five sections. Part I is a brief history of the development of presidential orders. Part II discusses their formation scope. Part III addresses the authority for issuing executive orders. Part IV discusses limitations on their use. Finally, Part V investigates the underlying analytical and philosophical foundations that influence the creation of executive orders

    What the Financial Services Industry Puts Together Let No Person Put Asunder: How the Gramm-Leach-Bliley Act Contributed to the 2008 - 2009 American Capital Markets Crisis

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    The current subprime financial crisis has shaped up to be one of the most dramatic and impactful events in the past few decades. No one particular factor fully accounts for why the American economy suffered setbacks unseen since the Great Depression of the 1930s. Some of the roots of the current financial crisis started taking hold in 1999 when Congress passed the Financial Services Modernization Act, also known as the Gramm-Leach-Bliley Act. Gramm-Leach-Bliley brought about sweeping deregulation to the financial services industry. In essence, Gramm -Leach-Bliley swept away almost six decades of financial services regulation precipitated by the Great Depression of the 1930s. Gram m-Leach-Bliley explicitly repealed the Glass-Steagall Act passed in the 1930s to stamp out much of the evil that caused the Great Depression. The year 2009 is a momentous year: it marks the ten-year anniversary of the passage of the Gramm-Leach-Bliley Act. This article posits that passage of the Gramm -Leach-Bliley Act in 1999, the Republican push for deregulation, and-most importantly repeal of the firewalls established by the Glass-Steagall Act accounts for why America is in the midst of one of the worst and deepest financial crises in our nation\u27s history. This article examines the Senate debates leading up to the passage of the Gramm-Leach-Bliley Act. Interestingly, a number of politicians issued powerful criticisms, predictions, and forecasts around the time of the passage of Gramm-Leach-Bliley that should have been taken seriously. Most notably, Senators Byron Dorgan (D-ND), Russell Feingold (D-WI), and Barbara Mikulski (D-MD) stood out as vocal critics. To gain further insight into the reach and effect of the Gramm-Leach-Bliley Act, this article examines the deregulatory effect of the legislation on two corporations in particular: Citigroup and Bank of America. This article then examines whether firewalls are necessary in the financial services industry. As the Troubled Asset Relief Program ( TARP ) has demonstrated, some institutions are too big to fail. This article explores what a return to Glass-Steagall regulation would do to prevent the too big to fail problem. Alternatively, it explores a three-tiered approach to financial services industry regulation. Finally, it explores whether we should let financial service industry institutions fail from a market efficiency standpoint, in the absence of strong regulation in the form of firewalls or stringent regulatory oversight

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