Author: NeJame Law

Lifting the Veil of Silence

 Legal Options for the Victims of Sexual Assault It has been estimated over 40% of women in Florida and over 20% of men have been victimized by sexual violence other than rape.1  These statistics are astonishing to say the least.   Historically, victims of sexual violence were silenced because of the lack of understanding surrounding these issues and the stigma associated with their victimization.  Our culture did not support the open discourse that we see today. Victims had to rely primarily on the discretion of prosecutors and the criminal justice system for retribution.  Moreover, even after a prosecution and...

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The Ins & Outs of Title IX

Sexual Harassment & Sexual Violence cases in Schools With sexual harassment and sexual violence matters dominating much of the headlines of late, one important area of concern has not been given the attention which it deserves.  Title IX of the Education Amendments of 1972 (“Title IX”), is a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities.  All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal funds must comply with Title IX.  Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion. When a student alleges a complaint stating that they are a victim of sexual harassment and/or sexual violence, the school must respond “promptly and effectively” and begin its investigation.  If the school becomes aware of conduct that would constitute sexual harassment or violence, they must act regardless of the student’s desire. Every school must have a written procedure they make available to the parties involved.  The complainant must prove his or her case by a “preponderance of the evidence” standard.  This means that they must convince the Title IX investigator that the misconduct is more likely to have occurred than not.  This is not a very high standard (think 50.1 percent chance the claimant is being...

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Hemp

Pay attention this fall, because hemp is hitting the runways.  Well, it has been for years.  Derek Lam, Calvin Klein, Ralph Lauren, YSL, Versace… the list goes on.  High-caliber fashion houses have been blending hemp in their textiles for years, and for good reason.  Hemp is sustainable, biodegradable, affordable and eco-friendly.  But is it legal in the United States, federally?  Yes.  Well, sort of.  It’s legal to import hemp products from other hemp-producing countries.  Hemp isn’t the type of marijuana that gets you high (otherwise your hemp-seed juices would have a much different post-workout effect…).  You see, hemp is...

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Animal Law The legal community is slowly recognizing our furry friends are family.

Every month, we discuss legal issues surrounding current affairs and lifestyle topics that affect our community, friends, and family.  But what about our furry friends?  They, too, are part of our families, are they not?  Of course, they are, but the law doesn’t truly treat them as such.  The law, in fact, is fairly antiquated, and in most circumstances, a companion pet will be considered “personal property” or a “chattel” with its value being only what you paid for the animal.  How can this be?  We now live in a world that has evolved to fully embrace the emotional...

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Ready, Set, Grow | The Anxious Wait for Florida’s Medical Marijuana Legal Framework

Floridians have been preparing participate in the marijuana market long before the passage of Amendment 2.  The burgeoning cannabis market is a dream situation for investors and entrepreneurs: from lawyers to doctors to investment bankers, there isn’t one sector of big business in Florida that doesn’t have its hungry eye on how to participate in the cannabis space.  But while lawmakers meet this session to establish the legal framework for Amendment 2, Florida is left without legislative guidance on the issue leaving investors guessing on how to best employ their capital. There are a number of ways to “read...

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