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Full-Text Articles in Law
Driven To Distracted Driving In Florida, Becky Saka
Driven To Distracted Driving In Florida, Becky Saka
St. Thomas Law Review
This Comment examines the roadblocks that are stopping Florida from having an effective enforcement of Florida's texting while driving ban." Part II discusses the meaning and dangers of distracted driving. This part also focuses on Florida's legislative response to texting while driving by examining the current cellphone legislation in Florida. Part III specifically addresses why Florida's statute falls short from deterring Florida drivers from distracted driving. In addition, this part addresses why Florida has been resistant to proposed legislation to change Florida's current law. Finally, Part IV proposes amendments to Florida's law that will best allow Florida to deter drivers …
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
St. Thomas Law Review
The supreme law of the land states: ". . .the right of the people to keep and bear arms shall not be infringed." The Supreme Court has found that the right to bear arms for self-defense is protected by the Constitution. Most states have expanded on this right and allow individuals to carry concealed weapons as long as they become licensed by the state. However, this right to carry concealed weapons is surely subject to limitations.' In the state of Florida, concealed weapon permit holders are prohibited from carrying on college or university campuses. This restriction is not beneficial to …
The Feel Of A Case: Virtue Decision-Making As The Correct Approach For Deciding Cases In Equity, Diego M. Pestana
The Feel Of A Case: Virtue Decision-Making As The Correct Approach For Deciding Cases In Equity, Diego M. Pestana
St. Thomas Law Review
Section I of this Article will provide a brief history of Law and Economics, beginning with its origins in the judicial philosophy of legal realism as espoused by Oliver Wendell Holmes. Section II will discuss the American Hospital case, where Judge Posner memorialized the Leubsdorf- Posner Formulation for granting preliminary injunctions. Section III examines the effect of American Hospital on the lower courts in the Seventh Circuit. Section IV will discuss how the Supreme Court has dealt with preliminary injunctions as well as the factors the Court provided district courts to consider. Section V will describe Professor Solum's idea of …
Lethal Injection Or Lethal Litigation: Florida's Amended Lethal Injection Protocol Opens The Door For Cries Of Cruel And Unusual Punishment, Cynthia Ventura
Lethal Injection Or Lethal Litigation: Florida's Amended Lethal Injection Protocol Opens The Door For Cries Of Cruel And Unusual Punishment, Cynthia Ventura
St. Thomas Law Review
In Florida, lethal injection has been the primary method of execution since the 1990s. The Florida Department of Corrections recently amended its protocol by replacing all three drugs previously used. The first administered lethal dose is now etomidate, an anesthetic that has never been used in the United States as a lethal injection drug. This Comment discusses the lack of empirical research available to support the state of Florida's use of etomidate as an appropriate method of rendering a prisoner unconscious prior to administering the second and third injections. First, this Comment will provide a brief background of the history …
Slavery, Religion And Reconciliation, Bill Piatt
Slavery, Religion And Reconciliation, Bill Piatt
Intercultural Human Rights Law Review
Santa Fe is a beautiful, culturally rich and diverse city. I am a native Santa Fean, and my mixed Hispanic/Indian/Anglo/African blood reflects the ethnic makeup of the region. Each year the city celebrates a Fiesta. One component, the Entrada, celebrates the "peaceful" re-conquest of the Indigenous people by the Spanish colonizers. Controversy has arisen in recent years as activists challenge the memorialization of a tradition that they feel represents slavery and brutality. Linking their struggle to recent efforts to remove memorials to the Confederacy, they have sought to physically block the re-enactment, leading to arrests, collateral conflict, and the very …
"Lieux De Memoire" In International Law: The Rights Of National And Ethnic Minorities Related To Their Memorial, Dr. Antal Berkes
"Lieux De Memoire" In International Law: The Rights Of National And Ethnic Minorities Related To Their Memorial, Dr. Antal Berkes
Intercultural Human Rights Law Review
The term "lieux de mimoire" or sites of memory, as the historian Pierre Nora formulated it, expresses "the problem of the embodiment of memory in certain sites where a sense of historical continuity persists. "Contrary to history which is the reconstruction of the past, memory is the perpetual "transmission and conservation of collectively remembered values" by ethnic minorities, families or groups. It binds a concrete group to which it is specific, thus it is "by nature multiple and yet specific; collective, plural, and yet individual." Memory "takes root in the concrete, in spaces, gestures, images, and objects", and "lieux de …
Global Water Crisis And Human Rights: A Glass Half Empty, Julian Montoya
Global Water Crisis And Human Rights: A Glass Half Empty, Julian Montoya
Intercultural Human Rights Law Review
Water is Earth's most precious resource as it holds the fate of all living things. Throughout human history, civilizations have depended on a reliable supply of freshwater. From rain-water harvesting and irrigation canals to fracking and groundwater pumping, humans have continually developed ways to control and use water resources. Whether for industry or agriculture, all aspects of human life need water. As a result, societies always faced pressure from various competing interests. Today, however, the demand for water has surpassed sustainability levels overflowing into potentially irreversible paths. Using the New Haven School of Jurisprudence, this paper aims to diagnose the …
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 13 (2018).
Private Habeas, Chris Kozak
Private Habeas, Chris Kozak
Intercultural Human Rights Law Review
Half a century ago, Abraham Maslow demonstrated that conditioning a person's physical safety on their participation in some higher-order social project is sheer madness. Yet this is exactly what federal immigration law does to undocumented victims of human trafficking. To receive a visa, victims must first convince Donald Trump's immigration officials-who have a strong interest in deporting them-that they are, in fact, victims. They also must cooperate fully in the prosecution of their trafficker, a process over which they have no real control. This is not a new complaint. Advocates have been frustrated by this myopia for a long time. …
Falcon V. State: Should The Florida Supreme Court Have Opened The Door For Sentencing Review Of Juveniles Sentenced To Life In Prison For Murder?, Jamie L. Wilson
Falcon V. State: Should The Florida Supreme Court Have Opened The Door For Sentencing Review Of Juveniles Sentenced To Life In Prison For Murder?, Jamie L. Wilson
St. Thomas Law Review
This Comment addresses the implications on victim's families and society regarding the resentencing and future sentencing of juveniles who have been convicted of murder. Specifically, this Comment will focus on the factors judges are required to consider before a life sentence is imposed, while proposing a solution to balance the factors in order to ensure victim's rights are not overlooked. Part II explores the required juvenile sentencing factors mandated by the United States Supreme Court in Miller, and further explores Florida's response as evidenced in Falcon, Atwell v. State, and Landrum v. State. Part II further discusses Florida's previous statutory …
Protecting Florida's Marine Life With Conservative Drones, Daniel Grammes
Protecting Florida's Marine Life With Conservative Drones, Daniel Grammes
St. Thomas Law Review
This comment analyzes drones under current Fourth Amendment jurisprudence and focuses on the issues contributing to unsustainable fisheries in Florida. Part II explains the basic concept of drones and discusses privacy issues through the Fourth Amendment as well as Florida marine patrol statutes that are relevant to an analysis of drone technology. Part III highlights that Florida's fisheries are at an unsustainable level because there are not enough Florida marine patrol officers and the simplicity of disposing illegally harvested wildlife into the ocean. Part IV suggests that Florida adopt legislation authorizing a drone enforcement program for marine patrol. Part V …
Florida's Controlling Summary Judgment Rule 1.510(C) Contrasted With The Common Law-Created Rule Grounded On Two Conflicted Federal Cases, H Michael Muñiz
Florida's Controlling Summary Judgment Rule 1.510(C) Contrasted With The Common Law-Created Rule Grounded On Two Conflicted Federal Cases, H Michael Muñiz
St. Thomas Law Review
Florida litigators, who are familiar with the Florida Rules of Civil Procedure, should not be surprised that the prescribed, controlling procedural rule to be followed as well as for a Florida state trial court to adjudicate a motion for summary judgment ("MSJ") is presumptively set forth within Rule 1.510 of the modem-day Florida Rules of Civil Procedure. The current rule expressly provides, in material part, "the judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled …
Battle Of The Bayou: Placing A Receiver In The Right Position During A Bankruptcy Proceeding, Antonio M. Dinizo Jr.
Battle Of The Bayou: Placing A Receiver In The Right Position During A Bankruptcy Proceeding, Antonio M. Dinizo Jr.
St. Thomas Law Review
Investment Manager, Sam Israel, launched the Bayou Group LLC, a hedge fund, hoping to produce large returns for high net worth investors. After months of losses, it became clear to Israel that Bayou would never garner the types of returns he had promised investors. Instead of altering strategies or closing Bayou, Israel decided to convert Bayou into a Ponzi scheme. When Ponzi schemes fail, they present unique challenges for courts, regulators, creditors, and interested parties. One choice stakeholders will have to make is whether to appoint a receiver to marshal assets and seek a recovery for defrauded investors and creditors, …
Dostoevsky As Juvenile Justice Advocate And Progenitor Of Therapeutic Jurisprudence, Amy D. Ronner
Dostoevsky As Juvenile Justice Advocate And Progenitor Of Therapeutic Jurisprudence, Amy D. Ronner
St. Thomas Law Review
In this Article, I explore this fixation with childhood suffering and suggest that Dostoevsky implicitly predicted the core tenets of a relatively new legal movement, called "therapeutic jurisprudence" ("TJ"), and I broach the question of why this matters. In an effort to provide an answer, I identify Dostoevsky as an early ombudsman for therapeutic juvenile justice and link him to the voiceless "polyphonic" voices in The Brothers Karamazov and to what I denominate the poly-personae of A Writer's Diary.
Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead
Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead
St. Thomas Law Review
This article will progress as follows. In Part 1, I discuss both the medical profession and the legal profession's challenges in relation to effective communication with patients and clients. I suggest that the medical profession's response, specifically as it relates to delivering bad news, has been more proactive and widespread than the legal profession's response. Part 2 briefly reviews research dealing with legal clients' emotional responses to different forms of communication, with a view supporting the argument that clarity of information, empathic responses to clients' reactions, and collaborative problem-solving are important elements of a professional relationship. Part 3 introduces the …
Challenging The Status Quo: An Integrated Approach To Dismantling The School-To-Prison Pipeline, Nancy G. Abudu, Ron E. Miles
Challenging The Status Quo: An Integrated Approach To Dismantling The School-To-Prison Pipeline, Nancy G. Abudu, Ron E. Miles
St. Thomas Law Review
When it comes to challenging school disciplinary policies that have an especially disparate and negative impact on students of color and students with disabilities, courts cannot be the sole or final arbiter for addressing this serious problem. Rather than acting as a discouraging force, courts routinely uphold these disruptive school disciplinary policies and end up being a major conduit in the "School-to-Prison Pipeline" (STPP). The STPP refers to the phenomenon of over-disciplining minors, which in turn results in their suspension, expulsion, and in some cases, incarceration. With limited exceptions, the cases that parents have brought on behalf of their children …
Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood
Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood
St. Thomas Law Review
This Comment brings reconciliation between the majority and minority opinions in Strieff by proposing a solution that will uphold Fourth Amendment rights and public safety. Part II explores the Fourth Amendment by tracing the origins of the exclusionary rule, and then discusses the Court's first step in undermining constitutional rights in Terry v. Ohio. Part III discusses the Court's trend of weakening Fourth Amendment rights and provides an in-depth analysis of the impact its most recent Fourth Amendment ruling, Strieff will have on Blacks and lower socioeconomic citizens. Part IV provides a comprehensive solution, suggesting a warrant hierarchy system that …
Prisoners Of The Zip Code: How Single Zip Code Rate-Making Hurts The Public Interest, Ansell Fernandez
Prisoners Of The Zip Code: How Single Zip Code Rate-Making Hurts The Public Interest, Ansell Fernandez
St. Thomas Law Review
This comment argues that using socioeconomic data to calculate auto insurance premiums within the boundaries of a single ZIP Code disproportionally increase premiums on low-income households, leading to higher rates of uninsured drivers in these communities. Furthermore, this comment discusses how this rate scheme provides a possible avenue to illegally discriminate based on race, as a direct result of historical racial segregation and recent advances in big data. Part II.A of this comment discusses the recent amendment to the insurance laws of Florida that now allows the use of a single ZIP Code to calculate auto insurance rates. Part II.B …
The Cost Of (Non)Compliance: An Expose Of The United States' Immigration Detention Policy And Its Failure To Comply With International Standards, Jessica Wright
The Cost Of (Non)Compliance: An Expose Of The United States' Immigration Detention Policy And Its Failure To Comply With International Standards, Jessica Wright
Intercultural Human Rights Law Review
The persistence of brutal warfare sparked an international movement against torture at the turn of the twentieth century. By 1948, the Universal Declaration of Human Rights (UDHR) introduced a ban on torture.' Two decades later, the International Covenant on Civil and Political Rights (ICCPR) followed suit, prohibiting member States from subjecting individuals to torture. However, in decades following said treaties, brutal dictatorships proved that short provisions in international documents are not enough to prevent torture. The plight of Chilean dictator Augusto Pinochet illustrated the weaknesses of the international framework on torture. Despite the heinous acts of torture committed under his …
Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes
Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes
Intercultural Human Rights Law Review
On the afternoon of February 26, 2012, George Zimmerman (Zimmerman) drove through his neighborhood when he spotted a "suspicious black male" and decided to inform the authorities. Seventeen-year-old Trayvon Martin (Martin) was walking home after purchasing a bag of Skittles at a nearby 7-Eleven. Instructed by a police dispatcher, Zimmerman was to stay in his vehicle and avoid Martin. Zimmerman ignored the dispatcher's instructions and decided to approach Martin. Zimmerman consequently entered into an altercation with Martin, who was unarmed. Moments later, Zimmerman shot Martin, and claimed self-defense. A claim of self-defense under a Stand Your Ground theory enables an …
Classified Websites, Sex Trafficking, And The Law: Problem And Proposal, Marianne Lourdes Asencion
Classified Websites, Sex Trafficking, And The Law: Problem And Proposal, Marianne Lourdes Asencion
Intercultural Human Rights Law Review
Since the beginning of the 1600s, slavery was a known issue in the United States (U.S.). Although slavery was abolished in 1863 as a result of the Civil War, slavery persists in the present day. Modem day slavery is human trafficking. Although there is a misconception that human trafficking is only an international issue, victims need not cross international borders to be trafficked. Even though trafficking suggests movement or travel, there is no requirement that victims must be transported in order for trafficking to take place. Annually, approximately 700,000 victims are trafficked within U.S. borders. In the U.S. alone, there …
Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer
Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer
Intercultural Human Rights Law Review
Section I of this article will provide updated statistical data on human trafficking in California, demonstrating increased consciousness, heightened awareness and the ongoing search for effective tools. Sections II and III will highlight the important psychological and practical economic impact asset forfeiture laws have on crime. These sections will also provide a comprehensive review how forfeiture is currently implemented in the fight against human trafficking. Sections IV and V will argue why human trafficking crimes must be subjected to California's civil asset forfeiture laws: how civil forfeiture reduces both the supply-side and demand-side of trafficked victims. It will also provide …