Florida Agricultural and Mechanical University
Florida Agricultural & Mechanical University College of LawNot a member yet
884 research outputs found
Sort by
Updating Resources
Get PDFTo ensure the student was relying on good case law, they would use Shepard’s Florida Citations to determine whether Eggart v. State had received any negative treatment by subsequent courts. For example, the case would be reviewed to determine if it had been overruled, superseded, deemed unconstitutional or received any other treatment that would negate or lessen its precedential value. According to the Shepard’s entry, at the time, the case was discussed and followed several times and remained good law.
You can see a scan of the Shepard’s entry for Eggart v. State below. The citation for the Shepard’s volume used is: Lexis Nexis, Shepard’s Florida Citations, Vol. 2, at 222 (Case ed. 2003). [Note: the earlier edition of Shepard’s is no longer available in the Virgil Hawkins Collection.)https://commons.law.famu.edu/hawkins-research-1/1017/thumbnail.jp
Africa: Selected Documents on Constitutive, Conflict and Security, Humanitarian, and Judicial Issues
No full textAt a time when the international community is focusing on the difficult problems of conflict and development in the nations of the African continent, this volume presents an important collection of current and essential documents. It provides a ready reference to often hard-to-find documents and statutes for scholars, researchers, and policy makers working on issues involving the people and nations of Africa.https://commons.law.famu.edu/faculty-books/1009/thumbnail.jp
Shepard\u27s Florida Citations
Get PDFAs a lawyer or law student, any time you cite a case in support of a legal argument, you must check whether its authority has changed as a result of more recent decisions. Before the advent of the Internet, this process was typically done using a print tool called a citator. The principle citator at the time of the original FAMU law school was Shepard’s Citations, an indexing resource developed by Frank Shepard during the 19th century. Citators allow you to determine if your case is still good law and it acts as a research tool to find other cases and materials that cited your case. The Shepard’s Florida Citations, of the time, is no longer available in the Virgil Hawkins Collection, so this demonstration has used a more current edition as an example.
The basic steps involved in “Shepardizing” a case with a print citator are 1.) obtain the correct citation for your case, 2.) identify the correct Shepard’s set and gather all necessary volumes as identified on the cover of the most current soft bound supplement, 3.) check each volume for reference to your case, 4.) identify and review these cases for negative treatment of your case, 5.) read all cases that indicate negative treatment of your case, 6.) repeat for all applicable Shepard’s volumes.https://commons.law.famu.edu/hawkins-research-1/1018/thumbnail.jp
The Responsibility to Protect: A Beaver Without a Dam Review of The Responsibility to Protect: Reprot of the International Commission on Intervention and State Sovereignty
Get PDFThe beaver\u27s dam is comparable to protective intervention for at-risk populations.\u27 Beavers need dams to enlarge the underwater habitat that will be open to them in winter, by creating a pond deep enough so that the bottom will not freeze. Humanitarian corridors and safe havens serve parallel functions for displaced civilians during times of conflict. Deep water, whether it is due to a beaver dam or not, provides storage for winter food and year-round underwater access to the den secure from predators. The shelter and safety deep water provides can be likened to the physical protection needed to safeguard civilians and aid convoys, deliver humanitarian supplies, forcibly disarm belligerents, and shield humanitarian workers during and after conflict. Increasing the area of the pond through damming and additional downstream impoundments provides safer access to additional food supplies for beavers in the same way that buffer or no-fly zones protect vulnerable civilians. The Responsibility to Protect can be likened to the beaver because it seeks to build a dam of protection through the actions of the international community, to safeguard and preserve human life in nations whose governments fail to do so. Just as beavers without dams are more at risk of death and starvation during the winter season, people in areas of conflict that lack buffer zones are similarly at risk year round. This analysis seeks to determine whether the report adequately lays out a viable strategy for the international community that complements, in human terms, the protective rationale or logic behind the beavers\u27 dam, by providing a framework for intervention to protect at-risk populations in such a manner as to minimize human suffering and loss of life
The Evolving Intervention Regime in Africa: From Basket Case to Market Place?
Get PDFThe analysis that follows aims to present dynamic new information about pressing law of the use of force and peacemaking developments in Africa. It is meant to be more descriptive than analytic. It will discuss, among other things, the evolution of the international law of the use of force by assessing state practice and treaty law developments in Africa since the end of the Cold War-developments that undoubtedly form an important part of the evolution of the corpus of general international law. Space constraints will not permit me to examine the legality of the various African interventions that have taken place since the end of the Cold War (the majority of which took place without UNSC authorization). These include the Economic Community of West African States (ECOWAS) interventions in Liberia, Sierra Leone, Guinea-Bissau, and now Guinea; the Mission for the Implementation of the Bangui Agreement (MISAB) in the Central African Republic (CAR); and the Southern African Development Community (SADC) operation in Lesotho. I will nonetheless discuss the efficacy of the regional frameworks that gave them impetus.1 I will also refer to the intervention provisions in the new Constitutive Act of the African Union (AU), which in late 2002 will replace the Organization of African Unity as the premier continental organization in Africa. Not only is Africa the first region to advance comprehensive intervention regimes, but the ones it advances are leagues ahead of the other regions of the world. African state practice and treaty law developments since the end of the Cold War illustrate that, with some exceptions, African nations have been among the most committed to creating peace both within and outside of Africa
To Pay or Not to Pay, That is the Question: Should SSI Recipients Be Exempt From Child Support Obligations?
Get PDFThis article will explore whether it is legally permissible for state courts to order Supplemental Security Income (SSI) recipients to pay child support. As background, the history of the SSI program, showing its genesis in a perceived need for uniformity, will be reviewed along with its current requirements. A discussion of federal child support laws will provide additional background.
Although many feel that every parent should be required to pay child support or argue against further federal subsidies, this article proposes an alternate solution. First, SSI recipients should be exempt from payment of child support. Next, the federal government, through the Child Support Enforcement Program, should make this exemption mandatory. Finally, a program should be created to provide a monthly benefit to the children involved, to ensure that they have a minimum level of income
Interstate Water Allocation: A Contemporary Primer for Eastern States
Get PDFThe principal thesis of this article is that interstate water allocation matters. It matters because, absent allocation, states that want to conserve their water resources for either future intrastate use or for present in situ use are at risk of having sister states use that water in other inconsistent ways. Interstate allocation also matters because, if there is not a negotiated agreement, water use is sufficiently similar to a zero sum game in that there will be winners and losers and the winning strategy is easily identified. Under the most recent and detailed United States Supreme Court precedent, states engaged in present development and use of the water will win the greater entitlements. The goal of this article is to set forth the legal underpinnings of those conclusions and then suggest to states favoring present conservation and in situ uses how they can best avoid being the losers
Amicus Brief of Howard University Law School for the Supreme Court Case of Grutter v. Bollinger
Get PDFBlack Internationalism: Embracing an Economic Paradigm
Get PDFThe seemingly inexorable march toward a more unified political and economic world order poses strategic and leadership challenges to States, international organizations, and local activists unimaginable a generation ago. Supporters of this process argue that easing international economic regulatory restrictions, creating a more predictable legal order, and liberalizing investment standards will benefit the global economy by rendering financial transactions more efficient, thereby increasing trade and investment opportunities. Globalization poses important conceptual challenges to international law and international trade scholars committed to defending local interests and historically marginalized people against the perceived adverse effects of accelerated global economic expansion. Critics argue that this expansion has weakened local communities giving primacy to the demands of foreign investor capital over the economic and political viability of local interests and institutions. This Article proposes a paradigm shift away from the traditional rights-based, Pan-Africanist trajectory of black internationalism and instead embraces an economically grounded black empowerment strategy that is responsive first and foremost to the unique economic imperatives of the emerging world economy