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  • Full of deception: are retailers substituting and mislabeling their herbal supplements? - Law
    as adulterated and or mislabeled herbal dietary supplements in other words they were contaminated or substituted products Unsurprisingly state and federal courts have been flooded with class action suits seeking to compensate consumers who were victims of this apparent deception A few consumers allege to be allergic to some of the fillers used in the retailers production process while many others simply want to recoup the monies spent on the worthless merchandise Sounds like a winner right Not so fast The major problem consumers will face nationwide is the underlying tests that were used to unveil this alleged fraud misrepresentation and or deception Several medical experts have already discredited DNA testing in the context of herbal supplements because most of the products are actually herbal extracts which may not contain any genetic DNA strands of the underlying herb These critics say an herbal extract product may be perfectly kosher even though the herb s DNA cannot be detected To be sure this will not stop health conscious consumers or their lawyers from pressing forward That the retailers labeling did not include the added fillers may be enough for FDUTPA in essence false advertising claims In the United States the market for herbal supplements and remedies is estimated to be 7 14 billion in 2015 By 2020 sales are projected to reach at least 9 billion At the end of 2013 more than 36 million consumers in the United States alone confirmed their daily use of some form of herbal supplement in pursuit of healthy lifestyles Another issue consumers may face emanates from the FDA which classifies herbal supplements as dietary supplements rather than prescription drugs This classification in turn exempts manufacturers of dietary supplements from the stringent labeling regulations associated with prescription drugs Moreover the FDA has the ability to

    Original URL path: https://law.fiu.edu/mislabeling-herbal-supplements/ (2016-01-02)
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  • Anthony Halmon Archives - Law
    been filling health enthusiasts with deception regarding the key ingredients present in their herbal supplements Admissions Juris Doctor Program LL M Program Transfer Applicants Request Information Scholarships Financial Aid Visiting Applicants Academics Registrar s Office Curriculum International Graduate Studies Legal Skills Values Academic Excellence Program AEP Experiential Learning Pathways to the Profession FIU Law Review Competition Teams Trial Advocacy Program Library About the Library Research Collections Library Student Services Faculty

    Original URL path: https://law.fiu.edu/tag/anthony-halmon/ (2016-01-02)
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  • What Makes a Crime Against Humanity? - Law
    against us all But who is part of us all Professor Stanley Fish presented in the same Hebdo event on the tension that exists between freedom of religion and freedom of expression Certain religious beliefs mandate physical violence against certain blasphemous expressions and thus freedom of religion cannot fully cohere with freedom of expression the expression of a blasphemy might be actionable under certain religious doctrines Does the terrorist believe under religious law that he must commit violence against blasphemers to save humanity If so can his actions be considered a crime against humanity Under this rough sketch of Professor Fish s much more eloquent speech I only hope to highlight that to the terrorists of the Hebdo massacre the crime against humanity might have been the Hebdo publication All of this is to say that a name like terrorism can be flipped on its head and that terrorist acts are often justified in the terms of protecting humanity What is more I would be surprised to discover that such beliefs are anything but sincerely held That in no way suggests that each interpretation of what counts as protecting the spirit of humanity is well founded To the contrary I argue that the problem with the name crime against humanity is that it suggests a universal understanding of what conduct is against humanity as one can infer from Professor Fish s presentation that conclusion would be too simple I suggest that the best names for crimes are rigid designators terms that try to speak only to the actions that they prohibit and only speak in the form of a separate definition The best names should also attempt to remain silent as to the moral grounding on which such prohibitions are built Maybe terrorism is in fact deserving of the name

    Original URL path: https://law.fiu.edu/crime-against-humanity/ (2016-01-02)
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  • Ferguson & What Comes Next: Reaching Justice - Law
    caused by a public actor However this avenue does not address the concerns of protestors around the country that called for change in policing practices Systematic change can be attained by another legal avenue if the Department of Justice finds that law enforcement systematically deprives people of their constitutional rights On March 4 2015 the Department of Justice released a report on their findings from an investigation on the Ferguson Police Department The report details a pattern and practice of racial bias and unlawful conduct including incriminating emails revenue driven policing judicial compliance in misconduct and unlawful stops and arrests Having legal basis for a lawsuit there are two options on how this case will proceed First the Ferguson Police Department can enter into a consent decree with the federal government The consent decree will likely include the remedies outlined in the Department of Justice Report including shift from revenue to community policing track review and analyze stops searches tickets and arrests train force in de escalation reform training generally and improve supervision The federal government would then oversee the enforcement of the consent decree and assure that the Ferguson Police Department was complying with and reforming their practices The Ferguson Police Department could also refuse to enter into a consent decree forcing the Justice Department to file a formal lawsuit A formal lawsuit would require the Justice Department to prove the alleged pattern and practice and allow the court to determine the proper remedy However like any legal practice in modern times taking the case all the way through trial is rare In fact these types of Department of Justice investigations and consent decrees are not as rare as they seem Ferguson is not the first nor will it be last time the Department of Justice has found such

    Original URL path: https://law.fiu.edu/ferguson-what-comes-next/ (2016-01-02)
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  • Sara Gordils Archives - Law
    Ferguson Police Department and the legal action that can be taken by the family of Micheal Brown and the Justice Department Admissions Juris Doctor Program LL M Program Transfer Applicants Request Information Scholarships Financial Aid Visiting Applicants Academics Registrar s Office Curriculum International Graduate Studies Legal Skills Values Academic Excellence Program AEP Experiential Learning Pathways to the Profession FIU Law Review Competition Teams Trial Advocacy Program Library About the Library

    Original URL path: https://law.fiu.edu/tag/sara-gordils/ (2016-01-02)
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  • Charlie Hebdo: Freedom of Expression versus the Protection of Religious Feelings - Law
    which offends shocks or disturbs v In its 2011 Resolution 16 18 the UN Human Rights Council stated that public discourse is actually one of the best means to combat religious intolerance and hatred and strengthen democracy United States case law indicates that for speech to be considered incitement it must include a direct call to violence vi Further the European Court of Human Rights has held that grossly offensive content cannot be prohibited just because people are insulted rather people should expect criticism about their religion from dissidents especially when the religious issues are part of ongoing public debate vii This expression is even further protected when it touches upon issues of political concern viii Most international case law deals with instances of public riots and outrage whereas the Charlie Hebdo incident is an outlier one of terrorism that cannot truly be predicted But courts cannot determine what speech is prohibited based on the fear that people will react This would cause two problems first this heckler s veto would incentivize the insulted group to riot against speech in order to trigger the government s removal of that speech second this could create a prior restraint to otherwise lawful speech because the government would be forced to prohibit any speech that could be deemed offensive While Charlie Hebdo s publications were certainly insulting its editors were merely exercising their fundamental right to express their views The cartoons though depictions of religious figures usually had a political undertone which grants them further protection In this instance the scales of justice should give greater weight to that freedom of expression which is so fundamental in today s society Daniela Abratt i http www nytimes com 2015 01 10 world europe charlie hebdo paris shooting html ii http www reuters com article

    Original URL path: https://law.fiu.edu/charlie-hebdo-freedom-of-expression/ (2016-01-02)
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  • Daniela Abratt Archives - Law
    and religion under American and international law in light of the attack on Charlie Hebdo Admissions Juris Doctor Program LL M Program Transfer Applicants Request Information Scholarships Financial Aid Visiting Applicants Academics Registrar s Office Curriculum International Graduate Studies Legal Skills Values Academic Excellence Program AEP Experiential Learning Pathways to the Profession FIU Law Review Competition Teams Trial Advocacy Program Library About the Library Research Collections Library Student Services Faculty

    Original URL path: https://law.fiu.edu/tag/daniela-abratt/ (2016-01-02)
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  • The SEC’s First Credit Rating Agency Enforcement Actions: Slow and “Exceedingly Fine”—or Just Slow? - Law
    instrument quality Investors heavily rely on NRSRO ratings in making investment decisions therefore NRSRO ratings have a real impact on capital markets However the integrity of NRSRO ratings can be questionable For example in 2001 NRSROs rated Enron Corporation a good credit risk until just four days before its massive bankruptcy 6 More recently in August 2007 all three major NRSROs gave AAA ratings to portions of a 1 6 billion collateralized debt obligation CDO only to downgrade those ratings to junk generally reserved for highly speculative instruments with a high risk of default by the end of 2008 7 Criticism of inflated NRSRO ratings and subsequent unavoidable downgrades was particularly prevalent in the period following the 2008 financial crisis 8 Lawmakers have generally attributed NRSROs ratings follies to a combination of conflicts of interest significantly issuers pay NRSROs to rate their instruments NRSROs who provide more appealing ratings naturally win business over other NRSROs and imperfect internal controls i e failures of diligence and rating methodologies The Enron scandal prompted Congress to mandate study of some of these problem areas 9 but only the past decade has seen escalating concrete regulatory measures In 2006 Congress passed the Credit Rating Agency Reform Act which codified the NRSRO registration process previously done by the SEC on an ad hoc basis and made the SEC responsible for NRSRO oversight 10 2010 s Dodd Frank Act mandated further regulation and reform however SEC rulemaking implementing the law has been slow and enforcement nonexistent 11 That is until the SEC s January 21 2015 orders Mission accomplished then Perhaps the mills of justice have slowly over many years finally done their work And yet perhaps not S P will pay 58 million to settle the SEC s charges and has agreed to a one year time out from rating the narrow class of instruments at the center of the enforcement actions Yet in 2014 S P generated over 1 1 billion in new ratings and ratings estimates revenues alone 12 Against that backdrop can we really say 58 million and a closely cabined time out for ratings misconduct is exceedingly fine Ashley Hersutamto 1 See e g Vineberg v Bissonnette 548 F 3d 50 59 1st Cir 2008 2 SEC Announces Charges Against Standard Poor s for Fraudulent Ratings Misconduct SEC gov Jan 21 2015 http www sec gov news pressrelease 2015 10 html 3 See generally Nationally Recognized Statistical Rating Organizations Release No 34 34616 59 FR 46314 Sept 7 1994 4 See generally Credit Rating Agency Reform Act of 2006 Pub L No 109 291 120 Stat 1327 5 See Krista Santos Corporate Credit Ratings A Quick Guide in Treasurer s Companion 45 46 http www treasurers org system files CMF corpcredit ratings what info pdf 6 Report on the Role and Function of Credit Rating Agencies in the Operation of the Securities Markets SEC gov 3 Jan 2003 http www sec gov news studies credratingreport0103 pdf 7 Shira Ovide Inside S

    Original URL path: https://law.fiu.edu/sec-credit-rating-agency-enforcement/ (2016-01-02)
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