Pedro Malavet

Pedro A. Malavet

Professor
Director of LL.M. in Comparative Law

Mailing Address: Box #117625 Gainesville, FL 32611
Email: malavet@law.ufl.edu
Phone: 352.273.0974
Fax: 352.392.3005
SSRN  Vita [PDF]

http://nersp.osg.ufl.edu/~malavet/

Education

LL.M., Georgetown University
J.D., Georgetown University (magna cum laude)
B.B.A., Emory University

Teaching and Scholarship

Civil Procedure, Comparative Law, Critical Race Theory, Evidence, Introduction to Law, U.S. Territorial Possessions

Professional Activities

  • President, Florida Chapter—Order of the Coif
  • American Society of Comparative Law: Director of UF Levin College of Law Sponsor Membership
  • Member of the American Law Institute.
  • University of Florida: Joined College of Law faculty as Assistant Professor (1995-2001); Associate Professor (2001); Professor of Law (2004).
  • Previous Teaching Experience: Pontifical Catholic University of Puerto Rico Adjunct Professor of Law (1991-92); Georgetown University Law Center; Teaching Scholar (1993-94), Adjunct Professor (1995).
  • Private Practice: Bufete Malavet & Ayora (Puerto Rico, 1989-93).
  • Professional Affiliations: Puerto Rican Bar Association, U.S. District Court for Puerto Rico, U.S. First Circuit Court of Appeals, Center for the study of Race and Race Relations, Fundacion Facultad de Derecho Eugenio Maria de Hostos

Comparative Law (2 or 3 credits) – LAW 6250

  • An introduction to the comparative method from the perspective of an American lawyer, focusing on methodology, rather than on substantive matters. Starts with a survey of Comparative Law, its history, current definition and scope, followed by practical uses of Comparative legal analysis in United States courts. The more substantial part of the semester studies the Civil Law tradition, the most common legal system in our world today. Naturally, this course can only provide a general overview of the large number of Civil Law nations. It starts with foreign legal education and the legal professions. Then the Civil law system is placed in its proper context: historical roots; structure; approach to judicial review; judicial organization.

Evidence (4 credits) – LAW 6330

  • A study of the law governing proof of issues of fact before a judicial tribunal. Topics may include judicial notice, presumptions, burden of proof, hearsay, relevancy, testimonial proof, demonstrative and scientific proof, documentary proof and privileged communications. Emphasis is placed on the Federal Rules of Evidence.
    Prerequisite: Civil Procedure (LAW 5301) [Registration preference will be given to students in their third full semester.].

U.S. Territorial Possessions – LAW 6936

  • Examines history of U.S. territorial acquisitions and the changing legal paradigms applied by U.S. to its past and current territorial possessions. After reviewing the history, will then discuss legal, philosophical and moral implications of U.S. colonialism in 21st Century.

Current Books

  • PUERTO RICO: CULTURAL NATION, AMERICAN COLONY (NYU Press, 2004). Expanded study of century-old U.S. Puerto Rico relationship.

Representative Law Reviews / Journals

  • Cluster Introduction: Puerto Rico: Interrogating Economic, Political, and Linguistic Injustice, 42 Cal. Western Int’l L.J. 101 (Spring 2012).
    A review of articles in the LatCrit XVI symposium volume.
  • The Inconvenience of a “Constitution [that] follows the flag … but doesn’t quite catch up with it”: From Downes v. Bidwell to Boumediene v. Bush,80 Mississippi Law Journal 181-257 (Fall 2010).
    Providing extensive historical, precedential and sociological context for the 2008 decision on the habeas corpus rights of detainees at Guantanamo Naval Station; includes a detailed study of the court’s references to the Insular Cases and then a detailed analysis of the original decisions an their historical and sociological context.
  • Afterword: Outsider Citizenships and Multidimensional Borders: The Power and Danger of Not Belonging, 52 Cleveland State L. Rev. 321-338 (2005).
    A critical review of the essays and articles included in the LatCrit VIII Symposium issue.
  • Introduction: LatCritical Encounters with Culture, in North-South Frameworks, 55 Florida Law Review 1 (2003).
  • Reparations Theory and Postcolonial Puerto Rico: Some Preliminary Thoughts, 13 La Raza Law Journal 387 (2002).
  • The Accidental Crit II: Culture and the Looking Glass of Exile, 78 Denver University Law Review 753 (2001).
  • Puerto Rico: Cultural Nation, American Colony, 6 Michigan Journal of Race & Law 1 (2000).
  • Literature and Arts as Antisubordination Praxis LatCrit Theory and Cultural Production: The Confessions of an Accidental Crit, 33 University of California – Davis Law Review 1293 (2000).
  • The Foreign Notarial Legal Services Monopoly: Why Should We Care?, 31 John Marshall Law Review 945 (1998).
  • The Non-Adversarial, Extra-Judicial Search For Legality And Truth: Foreign Notarial Transactions As An Inexpensive And Reliable Model For A Market-Driven System Of Informed Contracting And Fact-Determination, 16 Wisconsin International Law Journal 1 (1997).
  • Counsel for the Situation: The Latin Notary, a Historical and Comparative Model, 19 Hastings International and Comparative Law Review 389 (1996).

Book Chapter

Book Chapter: The Story of Downes v. Bidwell: “The Constitution Follows the Flag … But Doesn't Quite Catch up With It,” in Race and the Law Stories (Rachel Moran and Devon Carbado, eds., Foundation Press, 2008). A study of the principal decision of the Insular Cases of 1901, which has provided constitutional authorization for the U.S. territorial empire for over a century. The cases were most recently referenced by the U.S. Supreme Court in Boumediene v. Bush in June 2008.