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Settlement of the ACF Controversy: Sisyphus at the Dawn of the 21st Century
Get PDFThe ancient Greek myth in which Sisyphus is condemned to perpetually roll a massive boulder up a hill only to have it fall back down now symbolizes repetitive, ultimately fruitless effort. The Apalachicola-Chattahoochee-Flint (ACF) basin rapidly has become the emblem of Sisyphean water conflict in the eastern United States. It has the potential to rival some of the West\u27s long-running water disputes, although it will never challenge the Colorado River in that regard.
At the outset, it is important to recognize that there are many parties with an interest in the ACF basin. The most prominent in recent years are the three basin states, Georgia, Alabama, and Florida. The party with the greatest physical control in the basin is the United States Army Corps of Engineers (Corps). Other parties include both the active and passive users of the water. Unless the three states and the other parties to the dispute embark on a markedly different approach, there is every reason to think that the ACF controversy has additional unfulfilling decades ahead of it. There also is some emerging room for optimism. Almost everyone dependent on the waters of the basin believes there is not enough water to support uses on a sustainable level without modification of both their own practices and those of others. That implies there is room for give on all sides in a solution that will require more give than take
A Prairie Perspective on Global Warming and Climate Change: The Use of Law, Technology, and Economics to Establish Private Sector Markets to Compliment Kyoto
Get PDFWe are in the midst of an environmental calamity that few perceive as grave. The climate is changing. Civilization is suffering. One person can do little to cope with these problems on a global scale. But farmers can do something about their farming operations to contribute less to climate change.
Today, two percent of the population feeds us. With mechanical advancements, new farm machinery, innovative practices, products, commodities, securities, and markets folk can do something to reward farmers for their efforts to slow the pace of climate change
Pick ering the Speech Rights of Public School Teachers: Arguing for a Movement by Courts Toward the Hazelwood-Tinker Standard under the First Amendment
Get PDFBroadening Narrow Perspectives and Nuisance Law: Protecting Ecosystem Services in the ACF Basin
Get PDFThe political stalemate among the neighboring states of Georgia, Alabama, and Florida over the cooperative management of the Apalachicola-Chattahoochee-Flint (ACF) River Basin has been chronicled in numerous articles in the past. This Article will canvas parallel ground in relation to the ACF Basin. In addition, this Article will consider the usual mantra about why the legal deck appears to be stacked against the bottom of the basin where the principal benefits of the water are derived from the ecological systems that are supported by a more natural flow regime. After that, however, the Article will explain how the greatly expanded understanding of ecosystem services that has come about in recent decades can be a counterweight to insular decision-making. The legal vehicle for that transformation is interstate public nuisance and the core principles of state sovereignty that it enables. Neither of two late twentieth century developments, preemption by comprehensive federal water pollution control legislation nor a change in equitable apportionment doctrine, are sufficient to contradict that conclusion
Morse Code, Da Vinci Code, Tax Code and ... Churches: An Historical and Constitutional Analysis of Why Section 501(c)(3) Does Not Apply to Churches
Get PDFThis article is about the United States federal tax code and churches. In particular, it discusses the interplay between section 501(c)(3) and churches in America. Section II presents a background of the history of the tax exemption for churches and the judicial holdings relative to that exemption. Section III explores the historical development of the separation between church and state, tax exemptions, and section 501(c)(3). Section V analyzes section 501(c)(3) under the Constitution\u27s free speech and religion clauses. Section V proposes a recommendation, and Section VI is the conclusion
The Physics of Fourth Amendment Privacy Rights
Get PDFEinstein\u27s esteem for theoretical physics and Dostoyevsky serve as a conduit for this article\u27s discussion about the similarities between the evolution of theoretical physics and the criminal process related to Fourth Amendment privacy rights. Part I of this Article demonstrates that law and science share traits of rationality, a quest for universality, and theoretical evolution. Part II traces the parallel paths of Fourth Amendment privacy rights and theoretical physics. Part III illustrates the radical alterations in theoretical physics created by Einstein\u27s relativity discoveries and the radical alterations in Fourth Amendment privacy rights created by the U.S. Supreme Court\u27s decision in Katz v. United States. Both Einstein\u27s relativity and the Katz\u27s two-prong test for Fourth Amendment privacy rights demonstrated a variance from absolutism to fluidity. In the final part of the article, the author will hypothesize that both Einstein\u27s relativity contributions and the Supreme Court\u27s decision in Katz have answered some questions and formulated others, all of which unveil exciting future challenges in the area of theoretical physics and Fourth Amendment privacy law
Florida Fifth District Court of Appeal to hold Oral Arguments Session at FAMU Law, 2007
Get PDFAs part of Law Day activities, Oral Arguments are heard by a three justice panel. The event includes five appeals by practicing attorneys on behalf of their clients, question-and-answer sessions following each argument, and a reception with the justices following the Court session.https://commons.law.famu.edu/law-day/1000/thumbnail.jp
FAMU Lawyer and 2006-2007 Annual Report Volume 6, Issue 1
Get PDFhttps://commons.law.famu.edu/newsletters-pubs/1003/thumbnail.jp
The Virgil D. Hawkins Collection Plaque
No full textThis plaque, located in the Virgil D. Hawkins Collection, a special collection of the Florida A & M University College of Law Library, commemorates the pioneering efforts of Virgil Darnell Hawkins as he broke down barriers so that other African Americans could attend Florida public law schools. The Collection is comprised of most of the books in the law library of the original FAMU law school. His significant efforts were also instrumental in the establishment of the original Florida A & M College of Law.https://commons.law.famu.edu/hawkins-photos/1006/thumbnail.jp
Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Human Rights
Get PDFClimate change is currently the most significant and daunting international environmental problem, with disproportionate and devastating impacts on indigenous groups. The plight of the Inuit is illustrative of a larger need to recognize and enforce international environmental human rights violations. Part I of this Article examines the evolution of various approaches to environmental human rights theories in (1) United States law, (2) international human rights law instruments, and (3) the laws of other nations. Part II considers the scientific evidence and legal theory underlying the Inuit petition before the Inter-American Commission on Human Rights and explores how this scenario underscores the need for a more viable avenue and forum to redress international environmental human rights violations. Part III explores other theories of recovery, addressing the Alien Tort Claims Act (ATCA) and proposing two types of potentially viable new theories for environmental human rights claims under the ATCA. In addition to environmental human rights claims under the ATCA, Part III further suggests that (1) listing polar bears as a threatened species under the Endangered Species Act and (2) requiring human rights impact assessments are additional useful steps in addressing climate change impacts. The Article concludes that more effective relief needs to be fashioned