Jane Cross | Nova Southeastern University (original) (raw)

Papers by Jane Cross

SSRN Electronic Journal, 2014

Drafting and researching a dual education proposal for Nova Southeastern University College of La... more Drafting and researching a dual education proposal for Nova Southeastern University College of Law and the Council of Legal Education law schools in the Caribbean; recruitment of distinguishing visiting law professors; acting as liaison with Caribbean community in South Florida; coordinating summer law conferences on issues in Caribbean law; and proposing and developing programs concerning Caribbean law.

Penn State Journal of Law and International Affairs, 2020

Snow whose support and guidance has been invaluable to my success and sanity in this process. In ... more Snow whose support and guidance has been invaluable to my success and sanity in this process. In addition, I thank Andrea Ewart and Kenneth Lewis for their invaluable comments on this article. Moreover, I wish to acknowledge my indebtedness to my colleagues in the American and Caribbean Law Initiative. Finally, I salute the courage, persistence and optimism of the Caribbean people as they chart the course to increasing regional integration. 2020

ILSA Journal of International and Comparative Law, 2009

On 14 February 2009, His Excellency Judge Patrick L. Robinson of Jamaica, President of the Intern... more On 14 February 2009, His Excellency Judge Patrick L. Robinson of Jamaica, President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), spoke at the Nova Southeastern University (NSU) Shepard Broad Law Center, for Black History Month. The event was initiated by the Consul General of Jamaica and co-sponsored by the Caribbean Law Programs, the Inter-American Center for Human Rights of NSU Law Center, the Latin American Caribbean Forum of NSU's Graduate School of Humanities and Social Sciences, and Unique Creations, Inc. After the presentation, Judge Robinson submitted his speech for publication to the ILSA Journal of International and Comparative Law. Judge Robison's comments are insightful and timely in their exploration of the interaction between the common law and civil law systems in the structure and procedure for the ICTY. Judge Robinson has served as the President of the ICTY since 17 November 2008, and has been on the ICTY since 1998. He has served...

Post-colonial Caribbean constitutions have incorporated inherited political constructs. Using the... more Post-colonial Caribbean constitutions have incorporated inherited political constructs. Using these legacies, Caribbean countries have struggled to adapt their constitutional components after independence. Notably, the pathways of post-colonial constitutions have distinct progressions in common law and civil law countries. In Commonwealth Caribbean countries, new nations adopted constitutions that incorporated the Westminster model. After decades of independence, these constitutions have remained relatively static even though there have been efforts to update and reform their outmoded features. In contrast, after independence, civil law countries have undergone numerous, significant modifications. Cuba provides a compelling example of how post-colonial constitutions have evolved due regime change and political ideology. In both legal systems, democratically reinforced political development remains an important vehicle for altering or eliminating the vestiges of colonial constitution...

During the fall semester of 2004, Nova Southeastern University Shepard Broad Law Center (NSU Law ... more During the fall semester of 2004, Nova Southeastern University Shepard Broad Law Center (NSU Law Center) devoted its Goodwin Seminar series to an examination of emerging legal trends and institutions in the Commonwealth Caribbean. Accordingly, the seminar series invited a number of speakers to explore the ongoing legal reform and change within the region. Along these lines, the Goodwin Seminar speakers provided insights into the long-term efforts to address contemporary national, regional and international concerns by advancing Caribbean law and legal institutions. These innovations have culminated with such historic regional undertakings as the inauguration of the Caribbean Court of Justice (CCJ) scheduled for April 2005 and the establishment of the Caribbean Single Market and Economy (CSME).

The Oxford Encyclopedia of International History, Apr 30, 2009

British Honduras, British Guiana, Dutch Guiana and French Guiana. Colonial settlement in Belize (... more British Honduras, British Guiana, Dutch Guiana and French Guiana. Colonial settlement in Belize (British Honduras), Guyana (British Guiana), Guyane (French Guiana) and Suriname (Dutch Guiana) began with incursions into Spanish territory. Spanish discovery of Guiana occurred in 1499, after Christopher Columbus' third voyage to the America in 1498, and Spain laid claim to all of Guiana and Central America. Nonetheless, Dutch trade in Guiana began shortly after Netherland gained independence from Spain in the late 1500's. Spain sanctioned Dutch trade in the region and Dutch settlements emerged in the early 1600's. By 1665, immigrants from the Netherlands, Great Britain and France had established settlements in various areas of Guiana. About the same time, in Central America, English and Scottish buccaneers and logwood and mahogany cutters were also making incursions into Spanish territory. No one country was able to occupy more than a few areas scattered throughout the infiltrated regions.

… OF LEGAL HISTORY, Oxford University Press, 2009, 2009

... the Napoleonic Codes. Conclusion ... 1980s. Florén-Romero, Marisol, “Guide to Legal Research ... more ... the Napoleonic Codes. Conclusion ... 1980s. Florén-Romero, Marisol, “Guide to Legal Research in the Dominican Republic.” In Globalex, http://www.nyulawglobal.org/ globalex/Dominican_Republic.htm (accessed 14 December 2007). ...

Mississippi Law Journal, 2008

In Families Redefined, the authors recognize that numerous families extant today include those fo... more In Families Redefined, the authors recognize that numerous families extant today include those founded on kinship relationships. Kinship relationships are non-conjugal consensual adult relationship based on emotional and economic interdependence. Similar to marriage, civil unions and domestic partnerships, these relationships deserve and require legal protections and benefits to sustain them.This article examines 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship protection and benefits, 5) the use of contract law in kinship relationship and 6) using legislation to benefit kinship relationships. The article advocates for the expansion of legal concepts of family to include kinship relationships by comparing the treatment of these issues in various states and nations. In this manner, the authors support a new definition of family that goes beyond conjugal arrangements.

University of Miami Inter-American Law Review, 2014

The rising calls worldwide for a moratorium on the death penalty parallel the judicial erosion o... more The rising calls worldwide for a moratorium on the death penalty parallel the judicial erosion of the mandatory death penalty (“MDP”) in a number of Commonwealth Caribbean nations. The appellate proceedings of Attorney General of Barbados versus Jeffrey Joseph and Lennox Ricardo Boyce illustrate the jurisprudential evolution of the MDP in the following areas: (1) constitutionality; (2) deadlines for appeal; (3) the judicial review of executive clemency proceedings; and (4) petitions to international human rights organizations.

This article explores the advent of a new chapter in Commonwealth Caribbean MDP jurisprudence through Attorney General v. Joseph, a seminal opinion by the Caribbean Court of Justice (“CCJ”). In this case, the CCJ augmented the procedural safeguards that have given rise to the de facto abolition of the MDP in Barbados and other Commonwealth Caribbean nations. This article also explains the intricate balance, in MDP appeals, of (1) constitutional and international law and (2) judicial review of executive action. The article concludes that the CCJ (once touted as a “hanging court”) has actually worked to secure the role of judicial discretion in MDP appeals and to insure the de facto abolition of the MDP.

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of... more In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship families protection and benefits, 5) the use of contract law in kinship relationships, and 6) using legislation to benefit kinship relationships.
This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal benefits provided by marriage, while the fourth and fifth sections examine, respectively, the types of kinship relationships that should have similar benefits and the effect of denying such benefits. The next two sections present legal solutions that propose using contract law and adopting legislation to provide legal protection and benefits to kinship units.
Accordingly, the article advocates for the expansion of legal concepts of family to include kinship relationships by comparing the treatment of these issues in various states and nations. In this manner, the authors support a new definition of family that goes beyond conjugal arrangements.

SSRN Electronic Journal, 2014

Drafting and researching a dual education proposal for Nova Southeastern University College of La... more Drafting and researching a dual education proposal for Nova Southeastern University College of Law and the Council of Legal Education law schools in the Caribbean; recruitment of distinguishing visiting law professors; acting as liaison with Caribbean community in South Florida; coordinating summer law conferences on issues in Caribbean law; and proposing and developing programs concerning Caribbean law.

Penn State Journal of Law and International Affairs, 2020

Snow whose support and guidance has been invaluable to my success and sanity in this process. In ... more Snow whose support and guidance has been invaluable to my success and sanity in this process. In addition, I thank Andrea Ewart and Kenneth Lewis for their invaluable comments on this article. Moreover, I wish to acknowledge my indebtedness to my colleagues in the American and Caribbean Law Initiative. Finally, I salute the courage, persistence and optimism of the Caribbean people as they chart the course to increasing regional integration. 2020

ILSA Journal of International and Comparative Law, 2009

On 14 February 2009, His Excellency Judge Patrick L. Robinson of Jamaica, President of the Intern... more On 14 February 2009, His Excellency Judge Patrick L. Robinson of Jamaica, President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), spoke at the Nova Southeastern University (NSU) Shepard Broad Law Center, for Black History Month. The event was initiated by the Consul General of Jamaica and co-sponsored by the Caribbean Law Programs, the Inter-American Center for Human Rights of NSU Law Center, the Latin American Caribbean Forum of NSU's Graduate School of Humanities and Social Sciences, and Unique Creations, Inc. After the presentation, Judge Robinson submitted his speech for publication to the ILSA Journal of International and Comparative Law. Judge Robison's comments are insightful and timely in their exploration of the interaction between the common law and civil law systems in the structure and procedure for the ICTY. Judge Robinson has served as the President of the ICTY since 17 November 2008, and has been on the ICTY since 1998. He has served...

Post-colonial Caribbean constitutions have incorporated inherited political constructs. Using the... more Post-colonial Caribbean constitutions have incorporated inherited political constructs. Using these legacies, Caribbean countries have struggled to adapt their constitutional components after independence. Notably, the pathways of post-colonial constitutions have distinct progressions in common law and civil law countries. In Commonwealth Caribbean countries, new nations adopted constitutions that incorporated the Westminster model. After decades of independence, these constitutions have remained relatively static even though there have been efforts to update and reform their outmoded features. In contrast, after independence, civil law countries have undergone numerous, significant modifications. Cuba provides a compelling example of how post-colonial constitutions have evolved due regime change and political ideology. In both legal systems, democratically reinforced political development remains an important vehicle for altering or eliminating the vestiges of colonial constitution...

During the fall semester of 2004, Nova Southeastern University Shepard Broad Law Center (NSU Law ... more During the fall semester of 2004, Nova Southeastern University Shepard Broad Law Center (NSU Law Center) devoted its Goodwin Seminar series to an examination of emerging legal trends and institutions in the Commonwealth Caribbean. Accordingly, the seminar series invited a number of speakers to explore the ongoing legal reform and change within the region. Along these lines, the Goodwin Seminar speakers provided insights into the long-term efforts to address contemporary national, regional and international concerns by advancing Caribbean law and legal institutions. These innovations have culminated with such historic regional undertakings as the inauguration of the Caribbean Court of Justice (CCJ) scheduled for April 2005 and the establishment of the Caribbean Single Market and Economy (CSME).

The Oxford Encyclopedia of International History, Apr 30, 2009

British Honduras, British Guiana, Dutch Guiana and French Guiana. Colonial settlement in Belize (... more British Honduras, British Guiana, Dutch Guiana and French Guiana. Colonial settlement in Belize (British Honduras), Guyana (British Guiana), Guyane (French Guiana) and Suriname (Dutch Guiana) began with incursions into Spanish territory. Spanish discovery of Guiana occurred in 1499, after Christopher Columbus' third voyage to the America in 1498, and Spain laid claim to all of Guiana and Central America. Nonetheless, Dutch trade in Guiana began shortly after Netherland gained independence from Spain in the late 1500's. Spain sanctioned Dutch trade in the region and Dutch settlements emerged in the early 1600's. By 1665, immigrants from the Netherlands, Great Britain and France had established settlements in various areas of Guiana. About the same time, in Central America, English and Scottish buccaneers and logwood and mahogany cutters were also making incursions into Spanish territory. No one country was able to occupy more than a few areas scattered throughout the infiltrated regions.

… OF LEGAL HISTORY, Oxford University Press, 2009, 2009

... the Napoleonic Codes. Conclusion ... 1980s. Florén-Romero, Marisol, “Guide to Legal Research ... more ... the Napoleonic Codes. Conclusion ... 1980s. Florén-Romero, Marisol, “Guide to Legal Research in the Dominican Republic.” In Globalex, http://www.nyulawglobal.org/ globalex/Dominican_Republic.htm (accessed 14 December 2007). ...

Mississippi Law Journal, 2008

In Families Redefined, the authors recognize that numerous families extant today include those fo... more In Families Redefined, the authors recognize that numerous families extant today include those founded on kinship relationships. Kinship relationships are non-conjugal consensual adult relationship based on emotional and economic interdependence. Similar to marriage, civil unions and domestic partnerships, these relationships deserve and require legal protections and benefits to sustain them.This article examines 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship protection and benefits, 5) the use of contract law in kinship relationship and 6) using legislation to benefit kinship relationships. The article advocates for the expansion of legal concepts of family to include kinship relationships by comparing the treatment of these issues in various states and nations. In this manner, the authors support a new definition of family that goes beyond conjugal arrangements.

University of Miami Inter-American Law Review, 2014

The rising calls worldwide for a moratorium on the death penalty parallel the judicial erosion o... more The rising calls worldwide for a moratorium on the death penalty parallel the judicial erosion of the mandatory death penalty (“MDP”) in a number of Commonwealth Caribbean nations. The appellate proceedings of Attorney General of Barbados versus Jeffrey Joseph and Lennox Ricardo Boyce illustrate the jurisprudential evolution of the MDP in the following areas: (1) constitutionality; (2) deadlines for appeal; (3) the judicial review of executive clemency proceedings; and (4) petitions to international human rights organizations.

This article explores the advent of a new chapter in Commonwealth Caribbean MDP jurisprudence through Attorney General v. Joseph, a seminal opinion by the Caribbean Court of Justice (“CCJ”). In this case, the CCJ augmented the procedural safeguards that have given rise to the de facto abolition of the MDP in Barbados and other Commonwealth Caribbean nations. This article also explains the intricate balance, in MDP appeals, of (1) constitutional and international law and (2) judicial review of executive action. The article concludes that the CCJ (once touted as a “hanging court”) has actually worked to secure the role of judicial discretion in MDP appeals and to insure the de facto abolition of the MDP.

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of... more In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship families protection and benefits, 5) the use of contract law in kinship relationships, and 6) using legislation to benefit kinship relationships.
This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal benefits provided by marriage, while the fourth and fifth sections examine, respectively, the types of kinship relationships that should have similar benefits and the effect of denying such benefits. The next two sections present legal solutions that propose using contract law and adopting legislation to provide legal protection and benefits to kinship units.
Accordingly, the article advocates for the expansion of legal concepts of family to include kinship relationships by comparing the treatment of these issues in various states and nations. In this manner, the authors support a new definition of family that goes beyond conjugal arrangements.