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FSU Law Focus - 04/28/2023
Get PDFFrom the Dean: Remembering Professor Joseph joe Weller Jacobs; 2023 Lillich Lecture Presented by NYU Professor; Alum Profile: Meaghan K. Maus (’20); Student Profile: 3L Sophia Muinahttps://ir.law.fsu.edu/fsu-law-focus/1257/thumbnail.jp
FSU Law Focus - 01/31/2023
Get PDFFrom the Dean: FSU Business Review presents New Frontiers in Organizational Law Symposium; Greg Yates Joins Career Services Team; Alum Profile: Andrea A. Lewis (\u2710); Student Profile: 3L David Gorlickihttps://ir.law.fsu.edu/fsu-law-focus/1300/thumbnail.jp
The Unfulfilled Promise of Self-Determination in Court-Connected Mediation
Get PDFIn the context of mediation, party self-determination refers to the ability of disputants to have power, control, and autonomy in the process. There are numerous process design questions involved in running a mediation, no matter its subject matter. Consider just one example: Should the mediation be conducted in person, or virtually? The answer to this question can have a profound impact on the direction and course of a mediation, including its outcome. Yet, in the context of court-connected mediation, disputing parties are not consistently provided the opportunity to give input on how such process design questions are resolved. In fact, these decisions are typically made by mediators, courts, program administrators, counsel, or others-which conflicts with the Model Standards of Conduct for Mediators\u27s declaration that disputing parties may exercise self-determination at any stage of a mediation, including process design. In effect, this dynamic represents a significant failure regarding one of mediation\u27s core promises. This Article proposes a novel solution to this unfulfilled promise: the institution of an Opening Negotiation Session at the start of every court-connected mediation. This joint meeting would involve all participants (mediators, disputants, and counsel) to ensure party interests are accounted for in deciding how four specific process design questions, all explored in the Article, will guide the mediation. This opening negotiation can immediately impact how the mediation will be run as it moves forward, thereby dramatically enhancing party self-determination and leading to a more tailored, empowering, and accountable resolution process for all participants
Redeeming SPACs
Get PDFSpecial purpose acquisition companies (SPACs) exploded in popularity in the recent past, luring both adventurous retail investors and sophisticated institutional investors. In a SPAC, a publicly traded shell corporation acquires a private target, thereby taking it public in a manner that circumvents the rigors of a traditional initial public offering (IPO). Proponents vaunt SPACs\u27 ability to simplify the process of accessing the public markets and democratize capitalism, but in their current form, they pose risks to retail investors and to the market as a whole. Using a hand-collected dataset spanning 2010- 2021, this Article fills a gap in the literature by providing new empirical data regarding a critical feature of SPACs-the redemption right. SPACs allow their shareholders to vote for an acquisition target while simultaneously pulling their money out-a species of empty voting, where a vote is decoupled from any economic substance. We document a disturbing level of empty voting in SPACs and demonstrate an inverse correlation with stock performance: SPACs with more empty voting perform worse. Backed by this empirical support, we propose a tailored reform that we believe could make SPACs a viable and valuable alternative to traditional IPOs
Microdosing Psychedelics Under Local, State, and Federal Law
Get PDFMicrodosing psychedelic substances ( microdosing\u27) is a growing trend that has gained significant media and scientific attention. The practice typically involves consuming low doses of psychedelics, such as psilocybin or lysergic acid diethylamide ( LSD\u27), two or three times per week, over the course of weeks or months. Many claim that microdosing improves attention, creativity, or mood. Some say it reduces pain as well as symptoms of anxiety, depression, and migraine or cluster headaches. Others fear it has not been proven safe or effective by randomized controlled trials. Nevertheless, the microdosing trend is growing against the backdrop of a broader psychedelic renaissance characterized by increasing interest in researching, legalizing, consuming, and commercializing psychedelics. This Article is the first to address the legal status of microdosing under local, state, and federal law. It analyzes the national trend toward psychedelic legal reform and how it affects the legal status of people who microdose.
Since 2019, over a dozen U.S. cities have decriminalized psychedelics, making their possession in each city a low priority for law enforcement. The following year, during the 2020 presidential election, the psychedelic renaissance reached a turning point. Through ballot initiatives, the District of Columbia partially decriminalized psychedelics, and Oregon became both the first state to decriminalize psychedelics and the first to legalize the production, sale, and supervised adult use of psilocybin. In 2022, Colorado became the second state to partially decriminalize psychedelics and create a legal market for their supervised administration. Related legislation has been proposed in about a dozen other states, including California, New York, Massachusetts, Illinois, and New Hampshire. However, despite the growing popularity of microdosing, these jurisdictions have largely overlooked the practice and thus raised numerous equity and public health concerns. This Article analyzes available scientific evidence for microdosing, summarizes its risks and benefits, and analyzes how existing and proposed legislation affect the practice. It concludes with recommendations for the safe and equitable integration of microdosing into existing, proposed, and future psychedelics regulation. As more jurisdictions decriminalize or legalize psychedelics, they can use the Article as a resource and guide
FSU Law Focus - 10/27/2023
Get PDFFrom the Dean: 3Ls Paul Decoste and Raymond Betancourt won Hofstra Law\u27s National Legal Innovation Tournament; FSU Law Celebrates Homecoming 2023; In Memoriam: James Dawson Beasley (\u2774); Student Profile: 3L Shannon Parameshhttps://ir.law.fsu.edu/fsu-law-focus/1026/thumbnail.jp