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  The Purposive Historian

  Eloisa Rodriguez-Dod

  In 2007, as I was writing a law review article about legal disputes among survivors regarding ashes of cremated decedents, my good friend and col- league, Professor Elena Maria Marty-Nelson, suggested I contact Professor Michael A. Olivas. She had read a personal account that Michael had posted on the Latino/a Law Profs Listserv that was relevant to my piece. She also was fairly confident that Michael would be amenable to my using His story in the article. I had never met Michael nor had I ever had the occa- sion to otherwise communicate with him either by telephone or email. So I was hesitant. How would he react when a stranger calls him to talk about His father's passing? I went ahead and called Michael, and I was truly pleased I did. We hit it off right away. We spoke about ourselves a bit, and he told me he had an aunt with the same name as me, Eloisa, so he would not forget who I was (lucky for me he loved his aunt). In the end, just as Elena had predicted, Michael was delighted that I wanted to include his post about his father in my article and immediately agreed. Thus my article begins as follows.

  Several years ago, Professor of Law Michael A. Olivas underwent some inner emotional and religious turmoil concerning his father's death. Professor Olivas wrote: Before my father, Sabino Olivas, a great chilero, died, he left clear oral instructions to me that his ashes were to be spread on his chile plants. He died following a car accident in 1998. I was the executor of his will, and I was required to make a solomonic choice-he was also a lifelong Catholic, and Catholics may be cremated but their ashes are to be interred in consecrated ground. What is el hijo mayor to do? Do first son obligations trump fiduciary obligations? ls a chile plant "consecrated" ground, under [New Mexico] law? ls this a case of habeas corpus? So l took a pinch of ash and sprinkled it on the plants in the backyard, and l buried the rest in his grave in the Santa Fe Military Cemetery.

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  The Intersection of Law, Religion, and Infectious Disease on the Handling and Disposition of Human Remains

  Eloisa Rodriguez-Dod, Aileen M. Marty, and Elena Marty-Nelson

  The 2014 West Africa Ebola crisis highlights the pressing need for effective laws and procedures governing the handling and disposition of infectious human remains. Existing frameworks, both domestically and internationally, are inconsistent and underdeveloped in ways that jeopardize public health and disregard decedents’ wishes concerning post-mortem disposition, trample on survivors’ quasi-property rights, and conflict with religious beliefs regarding care of the body. These issues become critically important when death results from a highly contagious deadly disease. For example, persons who die of Ebola have very high levels of the Ebola virus on their skin and on any leaked bodily fluids. Thus, when family members come in contact with the body, they can contaminate themselves and others. The World Health Organization noted that certain religious rites in the post-mortem handling of Ebola patients, such as washing, shrouding, and praying over the deceased, directly contributed to a significant number of new Ebola infections in the 2014 outbreak. In addition to its preparation and handling, the final disposition of the body also presents significant concerns. Although cremation may be viewed as an ideal scientific solution for final disposition of Ebola victims, it may violate moral values, cultural practices, and many religious beliefs, and meet significant resistance. When Liberian President Sirleaf decreed that Ebola victims had to be cremated, many in the community viewed the mandate as contrary to religious tenets and, instead, performed secret burials that led to even more infections.

  Without thoughtful and culturally sensitive laws and procedures in place, governments may, in times of crises, dictate particular methods of handling and disposing of highly contagious human remains that may not be as effective as needed and may unnecessarily infringe upon deeply held religious beliefs. The lack of an effective legal framework should be of serious concern to policymakers in all countries, including the United States. We propose the need for such a framework and provide guidance for decision makers confronting these issues. We suggest that any legal framework educate communities to understand the public health issues and empower them to address these issues in ways that respect religious beliefs. Moreover, in order to be truly effective, we also recommend that any solutions be inherently interdisciplinary and combine legal, medical, moral, humanitarian, and religious elements.

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  Law Professor and Accidental Historian: The Scholarship of Michael A. Olivas

  Ediberto Román

  Law Professor and Accidental Historian is a timely and important reader addressing many of the most hotly debated domestic policy issues of our times—immigration policy, education law, and diversity. Specifically, this book examines the works of one of the country's leading scholars—Professor Michael A. Olivas. Many of the academy's most respected immigration, civil rights, legal history, and education law scholars agreed to partake in this important venture, and have contributed provocative and exquisite chapters covering these cutting-edge issues. Each chapter interestingly demonstrates that Olivas's works are not only thoughtful, brilliantly written, and thoroughly researched, but almost every Olivas article examined has an uncanny ability to predict issues that policy-makers failed to consider. Indeed, in several examples, the book highlights ongoing societal struggles on issues Professor Olivas had warned of long before they came into being. Perhaps with this book, our nation's policy-makers will more readily read and listen closely to Olivas's sagacious advice and prophetic predictions.

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  Writing, Mentoring, and Even Battling Lurking Variables

  Ediberto Román

  Those that have the good fortune to read this anthology, which was written by many of the country's leading lights in the fields of immigra- tion policy, legal history, and law and education, will grow to appreciate the significance of professor, and now president of the University of Hous- ton, Downtown, Michael Olivas. These readers will likely be inspired by his pathbreaking legal scholarship, his prophetic legal and political analy- sis, which is often a decade or more ahead of its time, and his sorely needed counter to the skewed and narrow-minded dominant narrative of Latino and Latina experience in the United States. Many will be at least equally inspired by his Sisyphean yet undaunted struggle to make our legal acad- emy and our country more diverse, welcoming, and merit-based. Thus, unlike the countless stereotypical Hollywood depictions of the lazy and uneducated Latina or Latino, the dean of the Latino/a law profes- soriate has fought inequity with the proverbial pen, has used his keen intellect, cogent analysis and tireless energy to pen foundational and prescient works, and has engaged in aggressive and perhaps even pointed activism that has literally changed the face ( or faces) of our profession, but which also occurred with significant personal costs. For many of us in our ivory towers, we can only dream of having even a fraction of the impact Professor Olivas has had in his career. He has changed countless lives of academics, young and older immigrant families, and too many others to count in this essay. Each nevertheless will undoubtedly remain indebted, grateful, and proud to have such a force of nature championing their important causes, which in all likelihood would have gone unaddressed had he not become their champion. One of his most successful and inspiring mentees, and champion in his own right, Dean Kevin Johnson, aptly illustrated in the introduction to this volume how Olivas has championed sorely needed accurate Latina/o narratives. For me, Professor Olivas has also armed us with the courage to "walk the walk" with him in our own writings and our respective community engagement, and our efforts have been supported by the knowledge that an all-powerful figure in our profession will always "have our backs," or "support us," as perhaps our Anglo friends would prefer to describe it.

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  Genocide by Deportation into Poverty: Western Diplomats on Ottoman Christian Killings and Expulsions, 1914-1924

  Hannibal Travis

  "The final years of the Ottoman Empire were catastrophic ones for its non-Turkish, non-Muslim minorities. From 1913 to 1923, its rulers deported, killed, or otherwise persecuted staggering numbers of citizens in an attempt to preserve "Turkey for the Turks," setting a modern precedent for how a regime can commit genocide in pursuit of political ends while largely escaping accountability. While this brutal history is most widely known in the case of the Armenian genocide, few appreciate the extent to which the Empire's Assyrian and Greek subjects suffered and died under similar policies. This definitive volume is the first to comprehensively examine the genocides of the Armenians, Assyrians, and Greeks in comparative fashion, analyzing the similarities and differences among them and giving crucial context to present-day efforts for reparative justice."--Provided by publisher.

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  Colombia: Ungoverned Territory and the Proliferation of Non-State Actors

  Victor M. Uribe-Uran

  Colombia is located in a strategic position in the Andean region as it borders Panama, Brazil, Venezuela, and Ecuador. In addition, it has access to two oceans and is only a two-and-a-half-hour airplane ride from the United States. Therefore, instability in the country can impact regional security and even security in the United States. Colombia has been a key ally of the United States as demonstrated by the fact that the United States has invested $10 billion in aid to help the Colombian government combat drug trafficking, organized crime, and the guerrilla organizations that exist in the country.

  The main objective of this chapter is to address some of the historical narratives, geopolitical and cultural factors, and demographic foundations of Colombia's strategic cultural orientation. The chapter also seeks to highlight key strategic cultural values and traditional orientations exhibited by the country (both the elite and the masses); to identify the primary purveyors of strategic culture; and, to look at continuities, changes, and challenges for strategic culture, particularly contemporary ones.

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  Origins of Labor Rights and Justice in Colombia, 1850-1950

  Victor M. Uribe-Uran and Germán Alfonso Palacio Castañeda

  Works addressing the history of Colombian labor rights and justice during the period covered in this chapter are limited in number and depth. Contemporary technical juridical manuals and legal compilations, quite useful as historical sources, are certainly available. Other than these, the one text that pays greater attention to historical legal aspects is an insightful book written from a Marxist perspective. Its authors suggest that the labor legislation enacted during some of the decades covered in this study was mainly the result of the implacable "logic of capital,” directed at crippling the labor movement and maximizing capitalist productivity. However, they do not pause over the emergence, nature, and meaning of labor justice, and neither do they discuss the labor jurisdiction (a separate specialized court system) as such. After all, the labor one was just an expression of bourgeois justice in general and, thus, at the service of capitalist accumulation. An additional study combining historical insights with technical legal analysis pays closer attention to the vicissitudes of unionization - related laws than labor courts and justice. Another work examines historical aspects briefly and mainly as background information for a sociological discussion concerning the operation of labor justice in recent decades. One more touches on a period closer to that under examination here but does not focus at all on the transition from civil to labor justice, an aspect addressed in this essay. Therefore, this chapter is a preliminary attempt to fill a historiographical gap on the circumstances behind the emergence of a specialized system of labor courts and procedures. As the introduction of this book suggests, like the rest of the chapters this one strives to connect labor history and legal history. It offers, in particular, a general "archeological" overview of a labor justice in Colombia, looking at its connections to labor conflicts and related state reforms and policies. While the chapter highlights the overall historical meaning of this new legal and judicial specialty, the actual operation of labor justice is beyond the essay's scope and would require further studies.

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  Lactation and the Working Woman: Understanding the Role of Organizational Factors, Lactation Support, and Legal Policy in Promoting Breastfeeding Success

  Valentina Bruk-Lee, Deborah Albert, and Kerri Stone

  This chapter explores the organizational factors shown to impact a woman’s ability to successfully combine breastfeeding and work. As such, we explore the role of support for breastfeeding at work, flexible work arrangements, organizational policies, and other work characteristics on women’s work attitudes and well-being, as well as on, breastfeeding initiation and/or duration. The chapter discusses interventions to overcome organizational barriers, with a focus on employer education efforts and workplace lactation programs, both of which promote breastfeeding continuation upon return to work while resulting in numerous corporate benefits. Last, we conclude with a timely overview and interpretation of the complex legal landscape surrounding this critical topic in the United States, including a discussion of recent changes in legislation intended to afford the lactating working mother additional protection in the American workplace.

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  The International Criminal Court in an Effective Global Justice System

  Linda E. Carter, Mark S. Ellis, and Charles Chernor Jalloh

  International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

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  Transnational Commercial Surrogacy: Contracts, Conflicts, and the Prospects of International Legal Regulation

  Cyra Akila Choudhury

  With the emergence of assisted reproductive technologies, particularly in vitro fertilization, gestational surrogacy in which an woman can be hired to gestate the child of commissioning parents has grown into a multimillion dollar industry. While many countries prohibit surrogacy, others permit and some even allow women to charge for the service of gestation on a commercial basis. This article addresses the regulation of transnational surrogacy and the related legal conflicts that arise in cross-border agreements particularly in commercial contracts It starts with a brief exploration of the surrogacy industry and growth. It then goes on to describe and analyze some of the legal frameworks that affect surrogacy contracts. The article proceeds to discuss some of the most prominent cross-border controversies to highlight that these conflicts tend to arise from a lack of international or transnational regulation on parentage and citizenship. Finally, the article explores the proposals for international regulation and the prospects of solving some of the more difficult legal problems that have arisen from transnational surrogacy.

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  ¿Ayuda la Internacionalización? Un Análsis del Proceso de Paz Colombiano de 1998

  Jorge L. Esquirol

  El 27 de agosto del 2012 el presidente de la República anunció que había llegado a un acuerdo con el movimiento guerrillero FARC-EP para emprender negociaciones que condujeran a la terminación del conflicto armado. Las negociaciones han sido presentadas como el paso definitivo hacia una paz que favorecerá el progreso económico y el bienestar general y han sido recibidas con grandes expectativas. No obstante, los discursos que anuncian la paz no son nuevos para el país, y los colombianos han perdido la ingenuidad cuando se trata de las FARC. Entre otras cosas, el público tiene una teoría sobre el conflicto, las negociaciones y la paz, que este libro procura ayudar a construir.

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  Ficções do Direito Latino-Americano

  Jorge L. Esquirol

  A Coleção Teoria e História do Direito, coordenada por Ronaldo Porto Macedo Junior e José Reinaldo de Lima Lopes, oferece ao leitor brasileiro alguns dos mais recentes e relevantes textos, nacionais e estrangeiros, da teoria e da história do pensamento jurídico. Considerando o caráter institucional do direito, a integração entre teoria e história ajuda a entender de maneira mais completa o que fazem e como pensam os juristas. Esta coletânea reúne ensaios do autor sobre direito comparado latino-americano. Neles o autor discute e critica duas ficções hegemônicas sobre o Direito na America Latina: a de que seria uma mera copia do Direito europeu e de que seria um Direito fracassado, sempre incapaz de atingir os níveis de excelência formal e de desempenho alcançados nos países do capitalismo central. Ao desafiar estas ficções Esquirol oferece ao leitor um inspirado e rigoroso texto que servirá de grande estimulo aos interessados em Direito Comparado, Historia do Direito, Direito Internacional e Direito e Desenvolvimento.

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  La Geopolítica del Constitucionalismo en Latino-América

  Jorge L. Esquirol

  El presente libro se encuentra estructurado en tres partes bien diferenciadas. En la primera, se examina la relación que existe entre el constitucionalismo latinoamericano y el estadounidense. En la segunda parte del libro, se examina críticamente la experiencia que ha tenido Latinoamérica tanto con el constitucionalismo liberal como con el radical durante los últimos 25 años. Se analiza la experiencia de países como Colombia, México y Argentina y se hace un balance de las experiencias ecuatoriana, boliviana y venezolana. En la tercera parte, se examinan algunas de las fortalezas del modelo constitucional estadounidense.

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  The Impact of Transnational Comparativism on Law in Latin America

  Jorge L. Esquirol

  Legal development may happen slowly, but law never stands still. Among the many factors having an impact on legal development, the influence of foreign and international patterns, although often controversial, is not questionable. But to what extent do foreign and international laws actually affect (the different paths of) legal development? The book aims to provide an answer to this question through different perspectives – from human rights and environmental law to commercial and contract law – and in different geographical contexts – from Europe to Africa, from Asia to Latin America.

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  LexisNexis Practice Guide: Florida DUI Law

  H. Scott Fingerhut and Robert Reiff

  With its easy-to-navigate table of contents, concise on-point writing, and abundant practical features, LexisNexis Practice Guide: Florida DUI Law provides an excellent source to help attorneys find answers to their questions about Florida DUI practice. • Appendix of forms contains dozens of sample forms attorneys can readily adapt for use in their practice. • Warnings, timing alerts, strategic points, and exceptions point out potential issues and help prevent practice missteps. • Checklists help ensure attorneys don't overlook important considerations or procedural steps in building a case. • Coauthor is well-known as expert in Florida DUI law. Practice guide combines on-point coverage of the law with practical, "how to" insights developed through author's years of practice experience. • Annual updating with replacement volumes ensures that all coverage remains current. Coauthor Robert S. Reiff has more than 30 years of experience representing clients accused of DUI and other criminal offenses. He was the only DUI/DWI lawyer named by "Best Lawyers in Florida" for 2016 and was among just six attorneys selected as Super Lawyers in the Criminal Defense: DUI/DWI section for 2016.

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  Winning Arguments: What Works and Doesn’t Work in Politics, the Bedroom, the Courtroom and the Classroom

  Stanley Eugene Fish

  A lively and accessible guide to understanding rhetoric by the world class English and Law professor and bestselling author of How to Write a Sentence. Filled with the wit and observational prowess that shaped Stanley Fish’s acclaimed bestseller How to Write a Sentence, Winning Arguments guides readers through the “greatest hits” of rhetoric. In this clever and engaging guide, Fish offers insight and outlines the crucial keys you need to win any debate, anywhere, anytime—drawn from landmark legal cases, politics, his own career, and even popular film and television. A celebration of clashing minds and viewpoints, Winning Arguments is sure to become a classic.

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  Bank Funding, Liquidity, and Capital Adequacy: A Law and Finance Approach

  José Gabilondo

  Focusing primarily on the banking system in the United States, this book offers an innovative framework that integrates a depository bank’s liquidity and its capital adequacy into a unified notion of funding that helps to explain how the 2007–2008 crisis unfolded, why central banks succeeded in resolving the crisis, and how the conceptual legacy of the crisis and its resolution led to lasting changes in bank funding regulation, including new objective requirements for bank liquidity. To provide a comparative context, the book also examines the funding models of non-bank intermediaries like dealer banks and insurers.

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  Smoke Signals from The South : The Unanticipated Effects of an "Unsuccessful" Litigation on Brazil's Anti-tobacco War

  Manuel A. Gomez

  In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understand the potential impact of new legal instruments; and global lawyers who litigate transnationally.

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  Corporations and other Business Enterprises : Cases and Materials

  Thomas Lee Hazen, Jerry W. Markham, and John F. Coyle

  In addition to the law of corporations, the casebook explores the law of partnerships and the law of limited liability companies. It contains specialized treatment of fiduciary duties and closely-held corporations. It addresses the federal securities laws, Sarbanes-Oxley, SEC proxy rules, and insider trading. The casebook also discusses mergers and acquisitions, corporate finance, and the role of corporate lawyers in effectuating business transactions. Suitable for use in basic as well as advanced courses.

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  Charles Taylor

  Charles C. Jalloh

  This book chapter, which appears in The Cambridge Companion to International Criminal Law edited by Prof. William A. Schabas, examines the landmark trial of ex-Liberian president Charles Taylor, the first former African head of state to be tried – and convicted – by an international criminal court for his involvement in the commission of war crimes, crimes against humanity and other serious violations of international humanitarian law in a neighboring African State. It exposes the various controversies that dogged the Taylor Trial from the first through to its last day, and assesses its historic and symbolic significance for the United Nations backed Special Court for Sierra Leone and for international criminal law.

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  The Rights of the Accused under the Sixth Amendment: Trials, Presentation of Evidence, and Confrontation, Second Edition

  Paul Marcus, David K. Duncan, Tommy Miller, and Joëlle Anne Moreno

  The Rights of the Accused under the Sixth Amendment, 2nd Edition examines the wide range of criminal justice topics that fall within the scope of the Sixth Amendment. This resource offers fascinating historical perspective, modern interpretations, and insight on this critical component of the U.S. Constitution.

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  Florida Wills, Trusts, and Estates: Cases and Materials, 3rd ed.

  Elena Marty-Nelson, Eloisa Rodriguez-Dod, Gail Levin Richmond, and Donna Litman

  To encourage students to view wills, trusts, and estates issues from the standpoint of both planners and litigators, the authors include numerous questions that require students to think about ways to draft or plan to avoid litigation, while accomplishing clients’ goals. While the book is intended for the basic wills and trusts course, it may also be used in advanced trusts and estates courses, as it includes chapters on estate planning, powers of appointment, advanced directives, and probate. The rules governing wills and trusts continue to be state-law-driven. The authors’ philosophy is that students gain critical insights into complex issues by studying the laws of one jurisdiction as a whole. Florida law is a perfect platform for this endeavor because it has extensive probate and trust codes and significant case decisions addressing current and cutting-edge issues.

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  Bases y Puntos de Partida para la Organización Política de la República Argentina, Juan Bautista Alberdi

  Matthew C. Mirow

  This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them.

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  Causas Civiles En La Florida Oriental, 1785-1821 [Civil Cases in East Florida, 1785-1821]

  Matthew C. Mirow

  A study of civil litigation in the Spanish province of East Florida from 1785 to 1821. (Un estudio de las causas civiles en la Florida Oriental, 1785-1821).

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  Gonzalo Herrera y las Floridas Frente a las Cortes (Gonzalo Herrera and the Floridas Before the Cortes)

  Matthew C. Mirow

  Esta contribución explora la promulgación de la Constitución de Cádiz en las Floridas y la representación de las Floridas por Gonzalo Herrera en las Cortes de Cádiz en 1813. Es un intento de colocar el trabajo de Herrera en el contexto de la participación de la Florida en el imperio colonial español y sus experiencias constitucionales. Primero, este estudio ofrece un breve resumen de la adopción de la Constitución por la Florida Oriental y la implementación de su estructura constitucional. Segundo, la representación de las Floridas por Herrera ante las Cortes es discutida desde el punto de vista de los documentos disponibles. This contribution explores the promulgation of the Constitution of Cádiz in the Floridas and the representation of the Floridas by Gonzalo Herrera in the Cortes de Cádiz in 1813. It attempts to place Herrera’s work in the context of Florida’s participation in the Spanish Empire and its constitutional experience. First, the study offers a summary of the adoption of the Constitution in East Florida and the implementation of its constitutional structure. Second, Herrera’s representation before the Cortes is examined from the standpoint of the available sources.