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FSU Law Focus - 07/05/2019
Get PDFFrom the Dean: Florida Bar Annual Convention reporthttps://ir.law.fsu.edu/fsu-law-focus/1177/thumbnail.jp
FSU Law Focus - 08/01/2019
Get PDFFrom the Dean: Summer externships; American Law Institute Names Professor Bayern Adviser for a Restatement of Torts Project; Alum Profile: Joseline Jean-Louis Hardrick (’09); Student Profile: 2019 Grad Bianca Báez Pearsonhttps://ir.law.fsu.edu/fsu-law-focus/1205/thumbnail.jp
FSU Law Focus - 03/29/2019
Get PDFFrom the Dean: Alternative Spring Break; Faculty Profile: Dmitry Krasikov; Alum Profile: Kevin W. Wood (’85); Student Profile: 3L William Hamiltonhttps://ir.law.fsu.edu/fsu-law-focus/1222/thumbnail.jp
FSU Law Focus - 04/05/2019
Get PDFFrom the Dean: Associate Dean Nancy Benavides named 2019 Law Faculty/Administrator Professionalism Award winner; Faculty and Alum Profile: Nikki Clark (’77); The Importance of Mentoring; Student Profile: 3L Sophie Luchinhttps://ir.law.fsu.edu/fsu-law-focus/1230/thumbnail.jp
FSU Law Focus - 04/12/2019
Get PDFFrom the Dean: Seeking nominations for our Exemplary Public Service Career Award; Admitted Students Preview Day; Alum Profile: Shenika Harris (’04); Student Profile: 3L Taylor Byrdhttps://ir.law.fsu.edu/fsu-law-focus/1238/thumbnail.jp
Quasi-International Organizations: Cross-Border Subnational Organizations in American Law
Get PDFThe past two decades witnessed what some have called a Federalism Revolution. With new powers to state actors came scholarly questions, as new sub-organizations developed. These participants created subnational organized creatures that crawled over geopolitical borders. As these transnational quasi-organizations grew, questions followed. This paper examines the role of international organizations and federalism through the lens of the extant subnational climate change organizations. Can governors buck President Trump\u27s decision on the Paris Climate Accords? Did this so-called Federalism Revolution grant new authority to join and form international organizations? What of the Compact Clause and Treaty Clauses? What pertinent precedent lies waiting? First, the paper explores and examines international law and then U.S. law, as well as the doctrine that created the previous federalism structure. Then, the paper delineates and explores the climate change international organizations as case studies. Finally, the paper discusses supplementary international environmental organizations as working precedent. This paper pays much needed attention to a trending form of cross-border global partnership to resoundingly show their undoubted efficacy and rising prominence
The Crisis of World Order and the Constitutive Regime of the International System
Get PDFStatespersons, scholars, and commentators of every political persuasion agree that we are currently witnessing a crisis of world order. It is widely assumed that the so-called Liberal World Order that the United States constructed in the post-World War II years is collapsing. This Article interrogates and challenges this claim. This Article examines what it means to speak of world order. It argues that to understand the notion of world order, it is necessary to investigate the normative foundations of the international system. Therefore, this Article develops a theoretical construct that I call the Constitutive Regime of the International System to conceptualize the notion of world order. It argues that the international system is predicated on and governed by a Constitutive Regime that embodies a grand worldview-i.e., a theory of world order-that prescribes policies, practices, and rules of international law that are considered necessary for maintaining global order and stability. This regime, which is designed by the Great Powers of each historical epoch, shapes international and domestic politics. It determines the criteria and preconditions of statehood, thereby affecting how societies are organized and governed. It promotes certain methods for the conduct of world politics, and it establishes mechanisms for international lawmaking, thus providing the constitutive foundation of international law. A crisis of world order occurs when these basic normative assumptions about the nature of the international system and the processes of global governance are challenged. Having provided a conceptual framework for understanding the notion of world order, this Article then challenges the claim that the post-World War II Liberal World Order is currently in a period of crisis. It argues that, beginning in the 1970s, the Liberal World Order of the post-World War II era was replaced by a neoliberal world order-in other words, a neoliberal Constitutive Regime. This Article shows how this neoliberal Constitutive Regime shaped virtually every aspect of world politics and provided the normative foundation ofglobalization during the closing decades of the twentieth century. This Article concludes with a discussion of the origins of the current crisis of world order and a reflection on the future of world order in an era of increased Great Power competition
Are Autonomous Entities Possible?
Get PDFOver the last few years, I have demonstrated how modern business-entity statutes, particularly LLC statutes, can give software the basic capabilities of legal personhood, such as the ability to enter contracts or own property. Not surprisingly, this idea has been met with some resistance. This Essay responds to one kind of descriptive objection to my arguments: That courts will find some way to prevent the results I describe either because my reading of the business-entity statutes would take us too far outside our legal experience, or because courts will be afraid that robots will take over the world, or because law is meant to promote human (versus nonhuman) rights. As I demonstrate in this essay, such objections are not correct as a descriptive matter. These arguments make moral and policy assumptions that are probably incorrect, face intractable line-drawing problems, and dramatically overestimate the ease of challenging statutorily valid business structures. Business-entity law has always accommodated change, and the extensions to conventional law that I have identified are not as radical as they seem. Moreover, the transactional techniques I advocate for would likely just need to succeed in one jurisdiction, and regardless, there are many alternative techniques that, practically speaking, would achieve the same results
FSU Law Focus - 03/25/2019
Get PDFFrom the Dean: 10 of 12 Florida House of Representatives legislative interns are FSU Law students; FSU Law Hosts International IP Roundtable; Alum Profile: Kelly Overstreet Johnson (’82); Student Profile: 3L Mitchell Custerhttps://ir.law.fsu.edu/fsu-law-focus/1219/thumbnail.jp