This series collects the current and past scholarship of FIU College of Law faculty.
Submissions from 2001
Can International Law Help? An Analysis of the Colombian Peace Process, Jorge L. Esquirol
El Arbitraje Arrendaticio, Gilberto A. Guerrero-Rocca
Privatizing Social Security, Jerry W. Markham
Latin American Legal History: Some Essential Spanish Terms, M C. Mirow
An Obituary of the Federal Estate Tax, M C. Mirow and Bruce A. McGovern
Beyond the Polemic Against Junk Science: Navigating the Oceans that Divide Science and Law with Justice Breyer at the Helm, Joelle A. Moreno
Estates & Trusts: 2001 Survey of Florida Law, Eloisa Rodriguez-Dod
Members and Outsiders: An Examination of the Models of United States Citizenship as well as Questions Concerning European Union Citizenship, Ediberto Román
Submissions from 2000
A Generation Spent Studying the U.S. Courts of Appeals: A Chronology, Thomas E. Baker
A Symposium Précis, Thomas E. Baker
Towards a More Perfect Union: Some Thoughts on Amending the Constitution, Thomas E. Baker
The Constitutional Implications of Human Cloning, Elizabeth Price Foley
The Riddle of Harmless Error in Michigan, Elizabeth Price Foley and Robert M. Filiatrault
Caracteres del Nuevo Procedimiento Administrativo Inquilinario, Gilberto A. Guerrero-Rocca
Banking Regulation: Its History and Future, Jerry W. Markham
Banking and Insurance: Before and after the Gramm-Leach-Bliley Act, Jerry W. Markham and Lissa L. Broome
The Power of Codification in Latin America: Simón Bolívar and the Code Napoléon, M C. Mirow
RESPA - Questioning its Effectiveness, Eloisa Rodriguez-Dod
A Race Approach to International Law (RAIL): Is There a Need for Yet Another Critique of International Law, Ediberto Román
Who Exactly Is Living La Vida Loca: The Legal and Political Consequences of Latino-Latina Ethnic and Racial Stereotypes in Film and Other Media, Ediberto Román
Two Degrees of Speech Protection: Free Speech through the Prism of Agricultural Disparagement Laws, Howard M. Wasserman
Submissions from 1999
Two Cheers for the Commission on Structural Alternatives for the Federal Courts of Appeals, Thomas E. Baker
Bastardy and the Statute of Wills: Interpreting a Sixteenth-Century Statute with Cases and Readings, M C. Mirow
Comsumer Bankruptcy's New Clothes: an Empirical Study of Discharge and Debt Collection in Chapter 13, Scott F. Norberg
Framers’ Intent and Military Power: Has Supreme Court Deference to the Military Gone Too Far?, Kalyani Robbins
Implications of the Tax Reform Proposals for Fraud – or – How to Shift to a Consumption Tax Without Helping the Cheaters, Kalyani Robbins
No-Drop Prosecution of Domestic Violence: Just Good Policy, or Equal Protection Mandate?, Kalyani Robbins
Reconstructing Self-Determination: The Role of Critical Theory in the Positivist International Law Paradigm, Ediberto Román
Submissions from 1998
Constitutional Fidelity and the Commerce Clause: A Reply to Professor Ackerman, Elizabeth Price Foley and Elizabeth C. Price
Does the FDA Have Authority to Regulate Human Cloning?, Elizabeth Price Foley and Elizabeth C. Price
The Evolution of Health Care Decision Making: The Political Paradigm and Beyond, Elizabeth Price Foley and Elizabeth C. Price
Debtor Incentives, Agency Costs and Voting Theory in Chapter 11, Scott F. Norberg
The Bankruptcy Review Commission Recommendation on Classification of Claims in Chapter 11, Scott F. Norberg
Foreword, Bankruptcy Law Symposium, Scott F. Norberg and Todd J. Zywicki
The Alien-Citizen Paradox and Other Consequences of U.S. Colonialism, Ediberto Román
What’s Good for General Motors: Corporate Speech and the Theory of Free Expression, Howard M. Wasserman
Submissions from 1997
2020 Year-end Report on the Judiciary by the Chief Justice of the United States, Thomas E. Baker
Tyrannous Lex, Thomas E. Baker
The Fictions of Latin American Law(Part I), Jorge L. Esquirol
Common Ground: Perspectives on Latino-Latina Diversity, Ediberto Román
Empire Forgotten: The United States's Colonization of Puerto Rico, Ediberto Román
Second-Best Solution: The First Amendment, Broadcast Indecency, and the V-Chip [comments], Howard M. Wasserman
Submissions from 1996
A Constitutional Bibliography, Thomas E. Baker
A Symposium Precis, Thomas E. Baker
Teaching the Elephant to Dance: Privatizing the FDA Review Process, Elizabeth Price Foley and Elizabeth C. Price
Statutory Interpretation in Securities Jurisprudence: A Failure of Textualism, Ediberto Román
Submissions from 1995
A Catalogue of Judicial Federalism in the United States, Thomas E. Baker
A View to the Future of Judicial Federalism: “Neither Out Far Nor in Deep”, Thomas E. Baker
Intramural Reforms: How the U.S. Courts of Appeals Have Helped Themselves, Thomas E. Baker
Submissions from 1994
A Bibliography for the United States Courts of Appeals, Thomas E. Baker
An Assessment of Past Extramural Reforms of the U.S. Courts of Appeals, Thomas E. Baker
A Proposal that Congress Create a Commission on Federal Court Structure, Thomas E. Baker
Imagining the Alternative Futures of the U.S. Courts of Appeals, Thomas E. Baker
The Eleventh Circuit’s First Decade Contribution to the Law of the Nation, 1981-1991, Thomas E. Baker
The Inherent Power to Impose Sanctions: How a Federal Judge is Like an 800-pound Gorilla, Thomas E. Baker
Torts-- Federal Preemption of State Common Law-- Federal Cigarette Labeling & Advertising Act, Elizabeth Price Foley and Elizabeth C. Price
Toward a Unified Theory of Products Liability: Reviving the Causative Concept of Legal Fault, Elizabeth Price Foley and Elizabeth C. Price
Confederate Bonds, General Custer, and the Regulation of Derivative Financial Instuments, Jerry W. Markham
Submissions from 1992
A Legislative History of the Creation of the Eleventh Circuit, Thomas E. Baker
Some Preliminary Thoughts on Long-Range Planning for the Federal Judiciary, Thomas E. Baker
The Impropriety of Expert Witness Testimony on the Law, Thomas E. Baker
Submissions from 1991
An Introduction to Federal Court Rulemaking Procedure, Thomas E. Baker
Not Another Constitutional Law Course: A Proposal to Teach a Course on the Constitution, Thomas E. Baker
The Commodity Exchange Monopoly – Reform is Needed, Jerry W. Markham
Submissions from 1990
On Redrawing Circuit Boundaries — Why the Proposal to Divide the United States Court of Appeals for the Ninth Circuit is Not Such A Good Idea, Thomas E. Baker
“Our Federalism” in Pennzoil Co. v. Texaco, Inc. or How the Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker
Toward A Unified Theory of the Jurisdiction of the United States Courts of Appeals, Thomas E. Baker
Submissions from 1989
A Law Student’s Responsibility for a Liberal Education, Thomas E. Baker
“The Right of the People to be Secure. . .”: Toward a Metatheory of the Fourth Amendment, Thomas E. Baker
Killing Daddy: Developing a Self-Defense Strategy for the Abused Child, Joelle A. Moreno
Submissions from 1988
"Front-Running" - Insider Trading Under the Commodity Exchange Act, Jerry W. Markham
Submissions from 1987
The Need for a New National Court, Douglas D. McFarland and Thomas E. Baker
Submissions from 1986
Thinking About Federal Jurisdiction — Of Serpents and Swallows, Thomas E. Baker
Avoidability of Intercorporate Guarantees Under Sections 548(a)(2) and 544(b) of the Bankruptcy Code, Scott F. Norberg
Submissions from 1985
A Compendium of Proposals to Reform the United States Courts of Appeals, Thomas E. Baker
Federal Jurisdiction, Thomas E. Baker
The Ambiguous Independent and Adequate State Ground in Criminal Cases: Federalism Along a Mobius Strip, Thomas E. Baker
Eighth Amendment Challenges to the Length of a Criminal Sentence: Following the Supreme Court “From Precedent to Precedent”, Thomas E. Baker and Fletcher N. Baldwin Jr
Submissions from 1983
A Primer on Precedent in the Eleventh Circuit, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Dam Federal Jurisdiction!, Thomas E. Baker
“Taking” a Constitutional Look at the State Bar of Texas Proposal to Collect Interest on Attorney-Client Trust Accounts, Thomas E. Baker and Robert E. Wood Jr.
Submissions from 1982
A Postscript on Precedent in the Divided Fifth Circuit, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Probation for Class C Misdemeanors: To Fine or Not to Fine is Now the Question, Thomas E. Baker
Submissions from 1981
Constitutional Law, Thomas E. Baker
Precedent Times Three: Stare Decisis in the Divided Fifth Circuit, Thomas E. Baker
