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Racial Wealth Divide through the Eyes of the Younger Family: Undoing America\u27s Legacy of Wealth Inequality in Search of the Elusive American Dream Utilizing a Sankofa Model of Transitional Justice, The
Get PDFWater Federalism and the Army Corps of Engineers\u27 Role in Eastern States Water Allocation
Get PDFIt is black letter constitutional theory that the several states are the masters of their property law, and hence their water law. For that reason, states have been free to adopt regimes as widely different as reasonable use riparianism and prior appropriation, depending on local conditions and perceived needs. Superimposed on the same physical water resource network, is the United States Army Corps of Engineers (Corps). The presence of Corps\u27 facilities in basins now experiencing short supply opens the door to state and federal water allocation conflict that calls for mediation under the principles of water federalism, a doctrine that has varied considerably over time. This article will recount those changes in doctrine and then consider whether any of the past variations of water federalism are well-suited to contemporary conditions
Now You See it Now You Don\u27t: Addressing the Issue of Websites which are Lost in Space
Get PDFThis article asks the following question: should the average law professor, who works mightily to churn out a large journal article every two years or so, be penalized for relying heavily on Internet citations provided full and accurate credit is given to all sources? I believe that in order to attempt to answer this question, it is important to first examine the roots of scholarship in academia and revisit its original purpose and second, to discuss the rise of technology and the impact it has had on the academy. This article will eventually set out some guidelines for the use the Internet in scholarly articles in order to avoid having a mightily toiled-over, URL-laden article used as bird cage liner
Critical Race Feminist Bioethics: Telling Stories in Law School and Medical School in Pursuit of Cultural Competency
Get PDFThis article examines how slavery and the concept of race intersect with gender to construct a distinct notion of science and technology that has been historically marginalized at best. The particular aspect of science that is explored is the development of the medical specialty of gynecology in the United States. The focal point of this article is to explore a means to address the impact of continuing to tell the narrative on the development of the medical specialty of gynecology in the United States without the benefit of a herstorical lens
Supreme Paradox: Autism Spectrum Disorder and Rowley Misapplication of a Judicial Relic to an Unprecedented Social Epidemic, A
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The Government Contractor Defense and Superior Orders in International Human Rights Law
Get PDFAs military functions are increasingly outsourced to corporate contractors, civil courts face adjudicating issues of tort liability arising from actions occurring in war zones. Currently, victims of torture and other invasive military techniques used at Abu Ghraib and Guantanamo Bay seek to prevail over issues of sovereign immunity and to hold corporations responsible for the actions of their employees. In response, corporations shield themselves with the government contractor defense: an affirmative defense developed in the context of product liability actions. Recent articles have overwhelmingly suggested that the defense will prevail and often have argued that it should prevail due to issues of sovereign immunity. This article makes a novel claim that places the government contractor defense in the context of international law. This article examines the theoretical foundations of the government contractor defense, comparing the elements of the defense to the international law of human rights, and argues that the government contractor defense is reducible to a claim of superior orders. The government contractor defense is attempting to hang on the coattails of sovereign immunity, i.e., the defense is nothing more than saying, the government told me to do it. Indeed, this is what corporations argue to establish the traditional prima facie case for the government contractor defense: specific orders and compliance with those orders. In light of the analytical similarity between the two defenses, and given the absolute ban of the superior orders defense in international law, the government contractor defense is unacceptable in the context of claims of human rights violations
The Inevitable Demise of the Implied Employment Contract
Get PDFIn this article, Professor Fineman argues that courts\u27 decision in the early 1980s to apply implied contract doctrine to employment relationships did not have the intended results. Employers immediately began restructuring their employment documents, and eventually found a way to essentially avoid liability through careful drafting of personnel documents. Professor Fineman further argues that the failure of contract law was inevitable based on the limitations of contract theory. Finally, Professor Fineman suggests a method to more successfully enforce workplace norms by looking to broader-based norms prevalent in the industry or applicable to the type of job position at issue
Florida Fifth District Court of Appeal Law Day Oral Argument Session at FAMU Law, 2008
Get PDFLaw Day activities include five appeals by practicing attorneys on behalf of their clients and question-and-answer break following each argument, held in the FAMU College of Law Ceremonial Moot Courtroom.https://commons.law.famu.edu/law-day/1001/thumbnail.jp