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Terrorist Detention: Directions for Reform
Get PDFCounterterrorism efforts by the U.S. government since 2001 have produced numerous legal controversies. One of the most controversial subjects has been the detention of individuals allegedly involved with terrorist organizations or activities. Unlike traditional criminal detainees, such persons are not held pursuant to indictment on charges pending trial or to a verdict of conviction. Unlike traditional military detainees, they are not battlefield captives from combat in a war zone against the military forces of another nation. Rather, terrorist detainees are held based on the individual\u27s alleged connections to terrorist organizations and activities, without more. Terrorist detention, so defined, is an extraordinary measure departing from traditional criminal and military detention models. Consequently, terrorist detention must be justified by the extraordinary circumstances caused by the threat of terrorism which confound the application of traditional legal models. To date, however, the law governing terrorist detentions has been insufficiently bound to such justifications, and many important legal issues remain unaddressed. Accordingly, terrorist detention is ripe for significant legal reform
Irreconcilable Differences: Resolving Conflicts in Florida\u27s Eyewitness Identification Jurisprudence
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FAMU Lawyer and Annual Report Volume 8, Issue 1
Get PDFhttps://commons.law.famu.edu/lawyernewsletter/1011/thumbnail.jp
Hurricane Katrina: America\u27s Unnatural Disaster
Get PDFOn August 29, 2005, Hurricane Katrina slammed into the Gulf Coast states of Louisiana and Mississippi. The storm devastated the region and its citizens. But its devastation did not reach across racial and class lines equally. In an original combination of research and advocacy, Hurricane Katrina: America’s Unnatural Disaster questions the efficacy of the national and global responses to Katrina’s central victims, African Americans. This collection of polemical essays explores the extent to which African Americans and others were, and are, disproportionately affected by the natural and manmade forces that caused Hurricane Katrina. Such an engaged study of this tragic event forces us to acknowledge that the ways in which we view our history and life have serious ramifications on modern human relations, public policy, and quality of life.https://commons.law.famu.edu/faculty-books/1004/thumbnail.jp
You Can\u27t Always Get What You Want, But If You Try Sometimes You Can Steal It and Call It Fair Use: A Proposal to Abolish the Fair Use Defense for Music
Get PDFThe fair use doctrine in copyright has become the excuse for every creatively challenged author who gets caught using someone else\u27s intellectual property without paying for it and tries to pass it off as his or her own. Fair use has also become the means to use someone else\u27s work for purposes unrelated to the original without paying for the use.
While there are scholars who believe fair use should be more widely applicable than it already is, this Article will discuss how the fair use defense in music has been expanded far beyond the original legislative intent and has been applied too liberally by the courts, potentially rendering an author\u27s rights under 17 U.S.C. § 1068 meaningless. For authors to recapture these lost rights, the defense should be severely restricted, abolishing it for all but a very few narrowly tailored exceptions
What Evidence Will Justify an Allocation of Liability Among Responsible Parties Under Superfund?
Get PDFBurlington No. & Santa Fe R. Co. v. United States and Shell Oil Co. v. United States Docket Nos. 07-1601 and 07-1607. Argument date: February 24, 2009, From: The Ninth Circuit
Case at a Glance: Over a 30-year period Shell Oil delivered bulk agricultural chemicals to a now-contaminated reseller\u27s site in California. Part of the site was leased from Burlington Northern Railroad. When the site operator failed, the United States and California incurred costs in cleaning the parcel and successfully sought to impose joint and several liability on Shell and the railroad. Shell contends it is not liable under Superfund and both responsible parties contest the imposition of joint and several liability
2009 Hooding Ceremony Program
Get PDFhttps://commons.law.famu.edu/hooding-ceremony-programs/1004/thumbnail.jp
Bender\u27s State Taxation: Principles & Practice
No full textFull insight into the often detailed and always complex principles governing state tax law, compliance, and planning.https://commons.law.famu.edu/faculty-books/1055/thumbnail.jp