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Abstract: In 1979, President Jimmy Carter signed the Convention on the Elimination of All Forms of Discrimination Against Women. Thirty years later, the U.S. has yet to ratify the Convention, let alone pass any of the necessary implementing legislation. Many scholars have propounded reasons why the United States should ratify this treaty, yet the question remains whether ratification would, in fact, accomplish anything at this late date. Some scholars propose that the U.S. should ratify the treaty for symbolic reasons, to help women everywhere. However, research shows that countries’ human rights records do not always coincide with their membership in human rights treaties. This article proposes the possibility that ratification of CEDAW could, in addition to not helping women in the U.S. or elsewhere, create problems in advancing women’s rights. Symbolic ratification of CEDAW, without full commitment to the treaty’s objects and purposes, could bring to an end any meaningful conversation about ongoing discrimination against women in the United States. Unless and until the U.S. internalizes the norms that are articulated in CEDAW, perhaps it is better if this country does not move forward with a hollow ratification that could prove to be worse than meaningless.
Convention on the Elimination of All Forms of Discrimination Against Women, CEDAW, women's convention, international human rights, women's rights, discrimination against women
Abstract: Federal payments to religious groups that provide social services amount to an improper delegation of the executive power in violation of the non-delegation doctrine. It is proper for the executive branch to involve itself in the provision of social services to needy Americans, but delegating that task to private religious organizations is a misuse of power. The executive would do much better to centralize the administration of federal funds rather than disbursing money to hundreds of small service providers, many of whom require recipients to accept the group's evangelizing in exchange for social services.
Executive Power, non-delegation doctrine, federal payments to religious groups, misuse of power
Abstract: Legal writing teachers have certain requirements that we feel must be met in each piece of student writing. Most significantly, we expect to see analysis that follows a predictable, logical pattern, whether it be IRAC, CREAC, or some variation thereon. However, not all of our students come to us fresh from undergraduate school; many arrive after, or even during, careers in which they have developed an effective writing style of their own. Our response to these students' writing should demonstrate thoughtful consideration of the experiences that they bring to the classroom.
Legal writing, legal writing teachers, part-time students,legal writing, experienced writers, life experiences
Abstract: Florida's residential eviction statute requires that a tenant who is sued for eviction must deposit into the registry of the court any alleged past-due rent. This never happens because tenants are either ignorant of the requirement, are unable to deposit the money, or choose to simply move on. If the past-due rent is not deposited with the court, the tenant is not permitted to raise any defenses in court, meaning the landlord always wins. It is wasteful to require landlords and courts to address issues the results of which are virtually always in favor of one party. Further, the law ignores basic notions about the human need for housing. The law serves no purpose, and should be changed.
landlord-tenant law, Florida, residential evictions
Abstract: This is a practical response to a question that vexes many Florida lawyers: What is, or is not, a final order from a Florida trial court that is appealable to a District Court of Appeal on the basis of its finality? The scope of the discussion is limited to appeals from civil and administrative, rather than criminal, courts in Florida. The article begins with a brief overview of the District Courts of Appeal and their jurisdiction, and then addresses the efforts Florida courts have made to establish a standard by which to measure an order's "finality." Further, the article analyzes the procedure by which final orders are appealed, and it then concludes that the courts have succeeded in defining "final judgments" and that Florida lawyers need only follow the courts' rules and precedent in determining which "final judgments" are appealable and which are not.
appealable issues, Florida trial courts, Florida District Court of Appeal, civil courts, administrative courts
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