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University of Miami School of Law
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    Front Matter and Table of Contents

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    Front Matter and Table of Contents

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    Sacred Nutrition: Asserting Indigenous Sovereignty and Rights of Women and Nature to Ensure the Right to Food in the United States

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    This Paper is a provocation to move beyond a standard human rights and right to food framework to encourage scholars, activists, and political leaders to engage in full throttle societal transformation. Ending hunger in the United States demands nothing less. The modern human rights framework is enshrined in the modern nation-state system that is rooted in the transatlantic slave trade, colonization, and genocide.1 Three primary ways in which these roots took hold were through land theft, rape, and starvation. Hence, to assert that integrating the right to food and freedom from hunger into nation-state constitutions or into national plans to end hunger without significantly altering the structure of the nation-state will be fundamentally ineffective. Nation states currently depend on keeping people hungry, especially women and children.2 If this is the case, then we ought to consider new ways of envisioning and devising a world in which all people are free from hunger and have good nutrition that supports human and more-than human flourishing. To do so demands we address food insecurity at its roots. This Paper relies on twenty-five years of empirical research with Black women, Native communities, and other groups of color, as well as on the scholarship of Black and Native thinkers. In doing so, the Paper outlines how rape, colonization, racism, and gender discrimination continue to generate food insecurity and hunger, and how incorporating a broad view of the right to food to support rights of women, Indigenous peoples, peoples of African descent, and the rural poor are integral to the right to food. Finally, this Paper shows that societal transformation can only be made possible through providing reparations to descendants of people who were enslaved, respecting and repairing treaty rights with Native nations, and changing human beings’ relationship with the natural world from viewing food as commodity to revering food and the natural world as kin with equal standing to humans. In doing so, we can meet the challenges of the climate catastrophe and promote resilience of future generations

    Virtual Stardom: The Case for Protecting the Intellectual Property Rights of Digital Celebrities as Software

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    For the past several decades, technology has allowed us to create digital human beings that both resemble actual celebrities (living or deceased) or entirely virtual personalities from scratch. In the near future, this technology is expected to become even more advanced and widespread to the point where there may be entirely virtual celebrities who are just as popular as their flesh-and-blood counterparts—if not more so. This raises intellectual property questions of how these near-future digital actors and musicians should be classified, and who will receive the proceeds from their performances and appearances. Since, in the near-term, these entities will probably not develop sentience akin to an artificial general intelligence, they will essentially function as software licensed out to execute tasks on various entertainment projects— be it acting in a movie or delivering a performance on stage or in the metaverse. As such, this paper proposes that virtual celebrities be classified as software, and their owners (either corporate or individual) should enjoy copyright protections for their use, and image and name trademark protections in case they are unlawfully copied by third parties

    Prefatory Matter and Table of Contents

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    Indigenous Knowledge as Evidence in Federal Rule-Making

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    Recent and historic federal guidance instructs agencies to consider Indigenous Knowledge in decision-making where it is available. However, tribal advocates are faced with many hurdles, in the form of “information quality” criteria, which requires the collection and dissemination of Indigenous Knowledge to conform to a complex set of procedural rules before agencies may be willing to consider it as evidence for rule-making. This Article seeks to define Indigenous Knowledge, highlight the hurdles to its implementation by federal agencies, and equip tribal advocates and officials with strategies and a demonstrative example of best practices for the packaging and presentation of Indigenous Knowledge in a manner which will give that knowledge the greatest chance of inclusion as evidence in agency decision-making

    Public Health Impacts and Intra-Urban Forced Displacement due to Climate Gentrification in the Greater Miami Area—Community Lawyering for Environmental Justice and Equitable Development

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    Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being influenced by elevation concerns. We disseminated an online survey to examine environmental hazards, housing conditions, threat of displacement, and current mental and physical health status. We collected seventy-four responses between August 2021 and August 2022. The Qualtrics survey consisted of twenty-five questions to determine the breadth and extent of mental and physical health impacts due to threats of forced displacement related to redevelopment along the coral rock ridge. We assessed movement into and out of areas of gentrification in Miami-Dade County and any correlations with health impacts and forced displacement due to environmental housing conditions and redevelopment in these areas. Migration patterns by zip code and elevation were analyzed using data obtained from the U.S. Census Bureau and served to supplement and cross-validate geographical data and existing literature that showed a pattern of migration and movement in line with climate gentrification. This work was used to develop and support policies with the potential to slow down the rapid gentrification along the rock ridge and mitigate the process of forced displacement occurring amongst the environmental justice communities living there

    Masthead

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    The Underwater: Using Art to Engage Communities Around Climate Action

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    This Article delves into the intersection of art and environmental activism, with a focus on the impact of climate change. Cortada, both an artist and trained attorney, re-counts his three-decade journey leveraging art to inspire community engagement and address social and environmental challenges. He explains how Antarctic researchers made him aware of South Florida\u27s vulnerability to sea level rise, leading to the development of interactive art projects that foster civic engagement and climate advocacy. The Article also addresses the challenges posed by climate denial and misinformation, emphasizing the need for creative strategies to combat these issues. Cortada introduces specific participatory art initiatives he has crafted to visualize South Florida’s vulnerability to rising seas and to ignite dialogue and action on climate change. He details a range of projects, including The Underwater, Underwater HOA, Elevation Drive, Underwater Vote, and HELLO, which all effectively employ art to render climate change a personal and pressing matter for communities. This law review Article is an innovation in and of itself, serving simultaneously as an exhibition of “Underwater Florida,” a performative artwork Cortada created in 2022 to document the fraught state of coastal cities along the Florida peninsula. It showcases images of yard signs that the artist placed in front of 54 Florida city halls to mark their respective elevations, thereby recording this moment in the state\u27s history and sharing information with its residents to encourage policymakers to prepare for a future with rising seas. In mapping elevations along Florida\u27s coastline to underscore the threat of sea level rise, Cortada acts as a sentinel, witness, neighbor, informant, educator, science communicator, and advocate, and as a figurative bridge between the potential victims of tomorrow and today\u27s contributors to climate harm. The inclusion of “Underwater Florida” in the law review Article exemplifies the innovative format, which transcends traditional academic boundaries to captivate its audience. This symbiotic relationship between art and academic discourse is a testament to their combined strength in conveying urgent messages about climate action. Cortada\u27s efforts extend to transforming public spaces into platforms for climate storytelling and fostering interdisciplinary engagement in regional governments, demonstrating art\u27s potency in stimulating public discourse and prompting action on climate change. The Article concludes by reinforcing the essential role of art in fostering a culture of care and activism, crucial for preserving our planet and its inhabitants in the face of a climate crisis

    Revamping Green Securitization Frameworks in the EU

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    Sustainable finance and green investments have grown from a trend to a dominant investment strategy throughout asset classes globally, and the EU is no exception. The EU published its Green New Deal and Sustainable Finance Strategy as roadmaps toward a more sustainable and equitable future. The twin reports contain comprehensive plans and initiatives to make sustainable finance more accessible through effective regulation. Stemming from those initiatives were various regulatory frameworks such as the EU Taxonomy, the Corporate Sustainability Reporting Directive, the Sustainable Finance Disclosure Regulation, and the EU Green Bond Standard. The regulations above are aimed at everything from public company disclosure requirements to a comprehensive categorization system for sustainable financial products in the case of the EU Taxonomy. Also relevant to this Note is the EU Securitization Regulation, which serves as a framework for securitized products, disclosures, reporting, and structuring. However, even in the presence of deliberate regulation, headwinds in the securitization market could dampen sustainable finance initiatives. For example, greenwashing, scaling risk, and a lack of uniform measurement are three issues that underscore the complexities and roadblocks of rolling out sustainable securitization more broadly. However, the existing regulatory backdrop, comprising sustainability regulations in financial services, could regulate many aspects of the securitization process, from identification of collateral, structuring transactions, originator and issuer disclosures, and investor protection. Moreover, the existing frameworks will need to be tailored towards securitization, public-private partnerships will need to be adopted, and ratings and oversight processes will need to be tailored towards green securitized products to encompass the securitization process’s complexities adequately

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