FIU Law Review Student Articles Selected for Publication

Congratulations to the FIU Law Review Staff Member whose articles were selected for publication! During their 2L year, each FIU Law Review Staff Member writes a comment or note addressing a relevant legal topic that is of particular interest to them. Staff Members spend a full academic year researching, writing, and meeting with a Faculty Advisor. At the start of the Staff Members’ 3L year, the student works are reviewed by the FIU Law Review’s Faculty Advisory Committee, which selects a few for publication in the journal.

The comments selected for publication for the 2018–2019 editing cycle were written by Jason Anon (Senior Staff Member), Andrew Balthazor (Senior Staff Member), Thomas Campbell (Article Editor), Genesis Martinez (Articles Editor), Annasofia A. Roig (Executive Managing Editor), and Federica Vergani (Executive Symposium Editor). Synopses of their works may be found below.

Jason Anon’s comment analyzes the current tension in Florida existing between the mandatory reporting requirement of Rule 4-8.3(a) of the Florida Rules of Professional Conduct and the lack of protection from employer retaliation for “at-will” lawyers who report or insist on reporting the misconduct of other lawyers. Mr. Anon’s comment explores the current legal landscape surrounding this “Catch-22” problem before providing potential solutions to the ironic paradox existing between the mandatory reporting of professional misconduct rule and the lack of “at-will” attorney protection from employer retaliation for lawyers adhering to the reporting rule.

Andrew Balthazor’s comment is titled The Challenges of Cryptocurrency Asset Recovery. Cryptocurrencies like Bitcoin are digital assets that freely cross jurisdictional boundaries. Transfers are irrevocable and free of third-party controls. Cryptocurrencies’ features enable defendants to judgment-proof themselves by transferring assets outside the effective reach of courts, making recovery difficult. Mr. Balthazor’s comment explores the applicability and restrictions of pre-judgment and post-judgment legal procedures when confronted with these new digital assets.

Thomas Campbell’s comment analyzes a recent Department of Homeland Security notice, calling for the collection of immigrant social media information. Campbell’s comment examines the legal, social, and practical issues associated with this controversial data collection policy.

Genesis Martinez’s comment considers the existing Fourth Amendment protections of automobile passengers, and how those protections apply to ridesharing services like Uber and Lyft. Ms. Martinez argues that the existing Fourth Amendment doctrine does not provide adequate protections for rideshare passengers because it fails to consider how transportation innovations have evolved society’s privacy expectations.

Annasofia Roig’s comment examines how the diplomatic relations (or lack thereof) between Cuba and the United States have impacted the immigration of the Cuban people. Because of the poor relations between the two countries, for many decades, Cuba refused to accept any deportee from the United States. Thus, the United States had little choice but to implement Wet Foot-Dry Foot in order to “save face” on an international level. Ms. Roig’s comment discusses how President Obama was able to negotiate a repatriation agreement between Cuba and the United States by reestablishing diplomatic relations. Finally, the comment analyzes the possible effects of President Trump’s harsh stance on Cuba.

Federica Vergani’s comment addresses the rights of transgender children. Ms. Vergani argues that transgender children should be able to access hormone suppression therapy without parental consent through a judicial bypass procedure. Children have a right to privacy that includes the ability to decide whether to take hormone suppressants, and the State’s interests in restricting this right are not significant as to render the parental consent requirement valid.

The students in the photo from left to right are: Genesis Martinez, Andrew Balthazor, Annasofia A. Roig, Jason Anon, Federica Vergani, and Thomas Campbell.