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Equal Protection - Florida\u27s Disenfranchisement Law: Appellate Court Affirms Decision Finding Disenfranchisement Provision Does Not Violate Constitution - Johnson v. Governor of the State of Florida, Et. Al., 405 F.3d 1214 (11th Cir. 2005)
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Kyoto or Not, Here We Come: The Promise and Perils of the Piecemeal Approach to Climate Change Regulation in the United States
Get PDFClimate change is a pervasive, yet controversial, problem. During the six months leading up to the Kyoto negotiations, President Clinton faced a major challenge when he tried to rally support at home for binding reductions on GHG emissions. Despite political and industry concerns about its potential economic impacts, the United States signed the Kyoto Protocol; however, the Bush administration withdrew from the Protocol in 2001. Part I of the Article analyzes the U.S. federal regulatory approach to climate change. Part II explores representative state, regional, and local attempts to combat climate change, whereas Part III describes voluntary compliance initiatives in the regulated community to monitor and reduce GHG emissions. Part IV focuses on federal lawsuits brought by states, cities, and nongovernmental organizations filed against 1) the federal government seeking to compel a mandatory climate change program or 2) the regulated community seeking to hold companies accountable for the effects of GHG emissions. The Article concludes that climate change litigation is a more effective tool to bring about a mandatory federal regulatory program than are legislative efforts at the state, regional, and city levels, or voluntary initiatives within the regulated community
Dawn of a New Era in the Extraterritorial Application of U.S. Environmental Statutes: A Proposal for an Integrated Judicial Standard Based on the Continuum of Context
Get PDFCongress has the authority to enact laws beyond the territorial boundaries of the United States. However, whether Congress intended to exercise extraterritorial authority in a given statute is a matter for the courts to ascertain through statutory interpretation. When considering the reach of federal legislation, courts are guided by a presumption against extraterritoriality. Part I of this Article discusses the origins and evolution of the presumption against extraterritoriality before and after the landmark decision in Aramco. Part II addresses the continuum of context paradigm from Massey and describes the extraterritorial application of U.S. environmental statutes. Part III of the Article addresses two cases that will help define the future of the extraterritorial application of U.S. environmental laws: the extraterritorial application of CERCLA in Pakootas v. Teck Cominco Metals, Ltd., and the extraterritorial application of NEPA in Friends of the Earth, Inc. v. Watson. Part IV draws on the continuum of context paradigm discussed in Part II and argues that the extraterritorial application of CERCLA is inappropriate because of sovereignty concerns as evident in Pakootas v. Teck Cominco Metals, Ltd. Conversely, the analysis in Part IV supports the extraterritorial application of NEPA in Friends of the Earth, Inc. v. Watson as an effective and appropriate avenue to protect the Earth\u27s atmosphere by providing a procedural check on the impacts from sources that contribute to climate change
Nonlegal Careers for Lawyers, 5th Edition
Get PDFWhether you are a law student who realizes that practicing law is not what you want to do or a practicing lawyer who no longer feels satisfied with your work, this newly revised guidebook will show you what you can do with your law degree, besides practice law, and will illustrate how to use your legal skills to rise above the competition. Learn in detail what opportunities exist in these fields:
-Business and Industry--jobs in corporations; accounting firms; media companies; health care and pharmaceutical companies; engineering firms; real estate sales; high-tech companies; and more. -Government and Public Service--positions in the executive, judicial and legislative branch. -Associations and Institutions--careers in professional associations; PACS, lobbying, and campaigns; national and international service organizations, publishing companies; educational institutions; unions; and more. -Entrepreneurial Ventures--opportunities for consultants, agents, writers, counselors, investigators, informational technology specialists, and more.
In this guide, the authors lead you step by step through the process of assessing the special skills that legal training provides, choosing a nonlegal career, and conducting a nonlegal job search. In addition, they provide you with essential information about a variety of careers in business and industry, government and public service, associations and institutions, and entrepreneurial ventures. To help you with the task of locating additional useful information on nonlegal careers, the book also contains a valuable resource section featuring surveys, descriptions of nonlegal careers, and a listing of publishers and publications, as well as suggested readings on nonlegal careers.https://commons.law.famu.edu/faculty-books/1016/thumbnail.jp
Pro-Democratic Intervention in Africa
Get PDFIn the past twenty years the people of the African continent have experienced human suffering on a scale unparalleled in human history. For the past decade I have examined and documented the evolution of Africa\u27s peacekeeping, peace enforcement, regional collective security, and conflict management landscape as well as Africa\u27s contribution to international law, particularly as it relates to the jus ad bellum, the law of the use of force . Although an abundance of scholarly work and official studies have examined the complexities of humanitarian intervention, only a select body of credible work has considered the phenomenon of pro-democratic intervention (PDI)--very little of which has made mention of Africa. This Article offers a conceptual framework to locate PDI in international law. It is limited to the identification of PDI as an emerging norm of international law deeply rooted in the African experience
The Law on Intervention: Africa\u27s Pathbreaking Model
Get PDFThis article seeks to examine the sum and substance of the evolving intervention regime in Africa. I employ a structural approach to highlight the normative framework governing humanitarian intervention in Africa at the sub-regional and regional levels. The article is meant to be a snapshot rather than a comprehensive treatment of the law of intervention in Africa. Space constraints preclude examination of the legality of the various post-Cold War, unilateral African interventions (i.e., those that took place without prior Security Council authorisation or valid state consent). These include the interventions by the Economic Community of West African States (ECOWAS) in Liberia, Sierra Leone, Guinea-Bissau, Guinea and Cote d\u27 Ivoire; that in the Central African Republic by the Mission for the Implementation of the Bangui Agreement; and the Southern African Development Community (SADC) operation in Lesotho. I will nonetheless discuss the efficacy of the regional practice, law and frameworks that gave these interventions impetus. The discussion that follows will also include an analysis of the peace and security framework of the new African Union that replaced the Organisation of African Unity as the premier continental organisation in Africa in March 2001
The True Legacy of Rosa Parks: Beyond the Civil Rights Movement
Get PDFRosa Parks died on October 24; her funeral was today. No doubt, there will be a flurry of well-deserved posthumous tributes and honors bestowed upon her. And no doubt, some will feel shame over the manner in which her sacrifices were depicted in later years - for instance, by the group OutKast. (Parks sued the group\u27s record company, in Rosa Parks v. Laface Records, over the unauthorized use of her name in a song title). The story of Mrs. Parks\u27s key role in the modern-day civil rights movement has been told and will be retold innumerable times. She has already been referred to, for many years, as the mother of the movement. We know well how, on December 1, 1955, in a brave act of civil disobedience, she violated the invidious Alabama Code ch. 1 § 8, which forbade all colored people from sitting in the front of the bus. And we know well, too, how her act served as the catalyst for a bus boycott, for the movement itself, and for the subsequent rise of a young minister named Dr. Martin Luther King, Jr. But by casting Rosa Parks in the role of the mother of the civil rights movement, historians place a limit on her real role in shaping America into what it is today, both nationally and internationally. No wonder, then, that, as the Associated Press reported, at a memorial service for Mrs. Parks in Alabama, Condoleezza Rice commented, I can honestly say that without Mrs. Parks, I probably would not be standing here today as Secretary of State. The larger story is that of how Rosa Parks\u27s simple act of refusing to give up her seat in the colored section of the bus to a white man changed the world