Category: Volume 47
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Whose Portfolio is it, Anyway?
Investing in property means investing in our future, and this Article addresses the ways in which corporate ownership influences the future of society. First, it discusses the impact of corporations on government spending and the allocation of resources. The Article suggests that agents acting on behalf of investors are required to act in a way…
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The Advent of Benefit Corporations in Florida
This Article analyzes the advent of benefit corporations in Florida, and it argues that benefit corporations provide a sound business model for social enterprises. The Author begins by providing an overview about the history of the corporate social enterprise movement leading up to the passing of the benefit corporation statutes. The Author then focuses on…
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Executive Order 13769 and America’s Longstanding Practice of Institutionalized Racial Discrimination Towards Refugees and Asylum Seekers
One of the paradoxes of international human rights law is the international community’s inability to curb xenophobic attitudes resulting in discriminatory regulations that exclude refugees. The United States has an established history of excluding immigrants, particularly refugees, based on national or ethnic origin, masked under national security. After the Civil War and the abolition of…
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Post‐Conviction Review: Questions of Innocence, Independence, and Necessity
Alongside a growing recognition of the existence of miscarriages of justice, there has been a parallel development of schemes to address wrongful convictions after the normal appeals process has been exhausted. This Article addresses the question of what constitutes the proper role for such schemes, drawing on a comparative examination of the respective schemes in…
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Lessons of Law & Legal Studies Through Literature: The Psychology of a Criminal Versus the Psychology of a Police Investigator as Seen Through the Lenses of Crime and Punishment: Porfiry v. Raskolnikov
This Article will explore several themes. Primarily, this Article analyzes the psychologies of both an accused and the police as both interact with and battle each other psychologically over the possibility of a confession. The above analysis occurs through the prism of Fyodor Dostoevsky’s famous 1866 work Crime and Punishment. Specifically, a literary analysis of…
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Striking Down the Impervious Shields: Why Caveat Emptor Must Be Abandoned In Commercial Real Property Sales and Leases
Legislature does not eradicate the caveat emptor doctrine in commercial property sales and leases, lawmakers should at least establish a bright line rule for distinguishing between residential real property and commercial property
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In Harm’s Way: The Desperate Need to Update America’s Free Speech Model
America’s current free speech model is archaic. This Article argues that unprecedented advances in communications technology, while beneficial for countless purposes, have created an imbalance in America’s free speech model. This imbalance leaves innocent third parties dangerously exposed to harm. Despite its countless benefits, the Internet is an excellent example, as it affords its users…
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Dazed and Confused:* The Need for Clarity in Dodd‐Frank’s Abusive Standard
Since the inception of the Dodd‐Frank Act and the Consumer Finance Protection Bureau (hereinafter “CFPB”), there has been much debate on what constitutes an abusive act or practice. One of the most paramount abusive debt collection practices is using an intimidating means of communication with customers. Such abusive language is determined by the natural consequence…