Florida Agricultural and Mechanical University
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Celotex Trilogy Revisited: How Misapplication of the Federal Summary Judgment Standard is Undermining the Seventh Amendment Right to a Jury Trial
Get PDFIncrementalism, Ideology and Social Choice: Should the United States Ratify the U.N. Convention on the Rights of the Child - A Practical Perspective
Get PDFIllegal Peace?: An Inquiry into the Legality of Power-Sharing with Warlords and Rebels in Africa
Get PDFWhen warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for guns for jobs ? Which legal rules, if any, govern peace agreements in internal conflicts? Specifically, which rules regulate power-sharing? Are the aims of peace, justice, and adherence to the rule of law attainable, let alone compatible, with coerced political transitions where warlords force democratically constituted or legitimate governments to share power?
This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, and define a lawful basis or approach to sharing power when governments are confronted with the aforementioned scenario. The Article is polemical and questions the dominant logic that political power-sharing is lawful, legitimate, and unequivocally serves the public good, arguing that power-sharing deals that ignore controlling rules are unlawful and not viable. This Article examines the legal and political efficacy of powersharing in the Accra Agreement (2003) and Lom6 Agreement (1999) in Liberia and Sierra Leone, respectively. It scrutinizes how little weight law was given in peace negotiations, examines the law relevant to powersharing, and challenges the well-settled practice of sharing power, which contravenes such law. Power-sharing, as opposed to, for example, amnesty, is the subject here
2006 Hooding Ceremony Program
Get PDFhttps://commons.law.famu.edu/hooding-ceremony-programs/1001/thumbnail.jp
Towards Equity and Efficiency in Partnership Allocations
Get PDFThe primary goal of any tax system is to raise sufficient revenue for government. More precisely, taxation is the means by which government supplies necessary things not available from the private market. Taxation allows society to cure distributional imperfections in the market. It is appropriate, therefore, only to the extent that the market cannot provide goods and services for which there is public demand; if private markets equitably supplied food, shelter, health care, education, and common defense, taxes could be greatly reduced if not completely eliminated. The revenue raising goal is thwarted to the extent the taxing system is either inefficient or inequitable. Inefficiency decreases gross national product\u27 and inequity spurs resentment and avoidance. Both consequences - inefficiency and inequity - interfere with the market\u27s ability to supply goods and services and have the perverse effect of provoking more tax levies. The two secondary concerns - efficiency and equity - need not be mutually exclusive, though it is sometimes argued that the pursuit of equity decreases efficiency and vice versa.\u27 Progressive taxation seems inequitable because it imposes disparate nominal burdens on taxpayers. One explanation, of course, is that the marginal utility of each dollar is greater to lower earners than to higher earners. The nominally higher extraction from higher earners is equal to the nominally lower extraction from lower earners. Equity is thereby preserved or attained and, assuming progressive rates are set at optimal levels, the tax system should nevertheless achieve its revenue raising goal
Can States Regulate Hydropower Dams as Dischargers Pursuant to Their Clean Water Certification Authority?
Get PDFUnder §401 of the Clean Water Act, 33 U.S.C §13·n, to obtain a federal license for any activity that results in a discharge into the navigable waters, the license applicant must obtain a certification from the state in which the activity takes place that the discharge complies with several aspects of state water-quality regulation under the Clean Water Act. A common setting in which this requirement has been applied is when a hydropower dam seeks to be relicensed by the Federal Energy Regulatory Commission (FERC)
Florida A&M University College of Law Annual Report 2005-2006
Get PDFhttps://commons.law.famu.edu/newsletters-pubs/1002/thumbnail.jp
