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FSU Law Focus - 10/18/2021
Get PDFFrom the Dean: 2021-2022 Viewbooks available; FSU Law Hosts Wellness Events; Alum Profile: Natasha Dorsey (\u2712); Student Profile: 3L Jackie Mustianhttps://ir.law.fsu.edu/fsu-law-focus/1015/thumbnail.jp
FSU Law Focus - 12/03/2021
Get PDFFrom the Dean: Nat Stern\u27s 40th year of teaching at FSU Law; Professor Hsu Publishes Book (Capitalism and the Environment: A Proposal to Save the Planet); Alum Profile: Erika J. Barger (\u2713); Student Profile: 3L Melody Andrewshttps://ir.law.fsu.edu/fsu-law-focus/1058/thumbnail.jp
FSU Law Focus - 10/05/2021
Get PDFFrom the Dean: 2021 Alumni Awards; Trial Team Ranked #15 Naturally; Alum Profile: Miguel R. Acosta (\u2707); Student Profile: 3L Landus Andersonhttps://ir.law.fsu.edu/fsu-law-focus/1127/thumbnail.jp
FSU Law Focus - 07/16/2021
Get PDFFrom the Dean: FSU Law alumni base surpassed 10,000 members; New Book for Prof. Logan (Sex Offender Registration and Community Notification Laws: An Empirical Evaluation), Alum Profile: Crystal Anderson (’10), Student Profile: 2021 Grad Clarke Brannonhttps://ir.law.fsu.edu/fsu-law-focus/1188/thumbnail.jp
FSU Law Focus - 08/06/2021
Get PDFFrom the Dean: Stoops Family Foundation, Inc. pledged $1 million to create the Stoops Center for Law and Business; Justice Muñiz Teaching New Course on Textualism; Alum Profile: Lauren R. Storch (\u2717); Student Profile: 3L Shannon Duncansonhttps://ir.law.fsu.edu/fsu-law-focus/1210/thumbnail.jp
The Twin Environmental Law Problems of Preemption and Political Scale
Get PDFThis is a daunting moment for the United States environmental movement. Since 2017, it often seems that federal environmental law is being systematically dismantled—most aggressively by the executive branch, but with tacit support from much of the sitting legislature, and likely with increasing support from the judiciary as well. For environmentalists, the assault on the regulatory accomplishments made over decades of previous lawmaking is cause for grief, but it also compels preparation for the challenges yet to come. This chapter advises environmentalists to resist federal preemption of state regulation and to think creatively about how to accomplish the goals of national-level policy without the benefit of federal authority. The immediate federalism-related challenge is to ensure that the campaign to alter the fundamentals of federal environmental law is not partnered with a campaign to block state and local efforts to fill the resulting regulatory void through preemption. Illustrating this danger with current efforts to eliminate the Clean Air Act’s “California Waiver,” Part I warns environmentalists to be especially on guard against the expansion of ceiling preemption. Ceiling Preemption perverts the customary use of federal preemption to ensure minimum national environmental quality standards into maximum standards that restrict regional efforts to do better. To protect state and local autonomy to exceed minimum standards, advocates should also seek the inclusion of savings clauses in new federal statutes and regulations, and they should advocate for the judicial presumption against preemption where these issues are litigated. With the diminishing force of federal environmental law, however, advocates must think more seriously about how to continue pursuing solutions to national-level environmental problems by means other than federal authority. Part II assesses the possibilities for coordinated action beyond federal law to address large-scale environmental problems. It considers uniform regional governance using model rules, such as the Sustainable Development Model Code, and even collective private governance, coordinated by non-governmental agents such as homeowner associations and professional organizations. In many cases, these options provide a second-best strategy, chosen by necessity when first-best options are unavailable. Nevertheless, they are better than no strategy, and in some cases, may new provide tools for environmental engagement that could complement or even exceed what is possible under federal law alone
Is Labor Arbitration Lawless?
Get PDFLabor arbitration is often viewed as a more peaceful, productive, and private alternative to workplace strikes and violence. On the other hand, statutory laws are intended to protect all workers, and contract law default rules and rules of interpretation often serve a protective role that could be harmful if ignored in this private dispute resolution setting. To provide more insight into how arbitrators decide labor disputes, we utilize our newly crafted data set of hundreds of labor arbitrationa wards spanninga decade. Unlike prior datas ets, our data are more inclusive: they include both published and unpublished awards as well as cases decided by non-AAA arbitrators and industrial boards, enabling a fuller-and thus potentially more credible-study of differing types of labor arbitration. We find-counter to previous research-that the vast majority of awards do not cite to external authority such as statutes, administrative authorities, or case law, or to secondary sources. Yet, our awards provide little evidence that arbitrators explicitly declined to address a statutory issue raised by one of the parties. These findings indicate there is perhaps much more room for labor arbitrators to refer to external authority in their decisionmaking. Our results also indicate that reference to governing law depends on factors like attorney representation and service provider guidance. If so, our study has potential implications for the structure and desirability of arbitration for labor disputes as well as for other types of arbitration, including employment, consumer, and securities arbitrations. The inherent tension between peaceful, quick, private dispute resolution and the risks of potential lawlessness might be greater for the resolution of statutory claims, and if so, our study has implications for the desirability and structure of the arbitration of such claims. For example, examination of external authority and written reasoning could be required for the binding resolution of statutory claims in labor arbitration. Moreover, our more inclusive study indicates that there remains an inherent tension between peaceful, quick dispute resolution and the risks of potential lawlessness. More broad studies are warranted
FSU Law Focus - 10/22/2021
Get PDFFrom the Dean: Trial Team wons first place in Fourth Annual Martin Luther King, Jr. National Civil Rights Competition; 2021 Alumni Awards Celebration; Bayern Publishes New Book - Autonomous Organizations; Alum Profile: Nicholas R. Cleary (\u2719); Student Profile: 3L Lauren Rolfehttps://ir.law.fsu.edu/fsu-law-focus/1021/thumbnail.jp
