Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law (82)
- Front matter (14)
- St thomas law review (12)
- Law and society (11)
- Constitutional law (7)
-
- Criminal law (7)
- Human rights (5)
- Legal profession (5)
- Race and the law (5)
- Intercultural human rights law review (4)
- International law (4)
- Criminal procedure (3)
- Federal law (3)
- Fourth amendment (3)
- Human rights law (3)
- Law and morality (3)
- Employment law (2)
- Federal civil procedure (2)
- Florida (2)
- Florida legislation (2)
- Human trafficking (2)
- John makdisi (2)
- Juveniles (2)
- Labor and employment law (2)
- Law review (2)
- Legal education (2)
- New haven school of jurisprudence (2)
- Police reform (2)
- Policy-oriented jurisprudence (2)
- Prosecutorial discretion (2)
Articles 61 - 90 of 113
Full-Text Articles in Law
John Makdisi On The Intercultural Origins Of The Common Law, Marc-Tizoc Gonzalez
John Makdisi On The Intercultural Origins Of The Common Law, Marc-Tizoc Gonzalez
Intercultural Human Rights Law Review
In this Essay, I pay homage to John Makdisi on the occasion of his retirement. Since joining the St. Thomas Law faculty in 2011, I have esteemed him as one of the law school's senior Property Law professors, yet-truth be told-at times also felt intimidated by him for his deep knowledge of the subject, particularly present estates and future interests, coupled with his serious demeanor, penetrating gaze, and cogent arguments at faculty meetings. 4 Especially during tenuretrack faculty reviews of my teaching, I worried that my relative inexperience in teaching the subject might cause me to commit an embarrassing error. …
Human Dignity: The Clandestine Factor In Prosecutorial Discretion, Tamara F. Lawson
Human Dignity: The Clandestine Factor In Prosecutorial Discretion, Tamara F. Lawson
Intercultural Human Rights Law Review
Justice and human dignity have an organic and symbiotic relationship. The American Bar Association's Functions and Duties of the Prosecutor Standard 3-1.2(a) outlines that "[t]he prosecutor is an administrator of justice . . . [and] should exercise sound discretion and independent judgement in the performance of the prosecution function." The ABA standards further prohibit improper bias2 and proscribe a duty to report and respond to prosecutorial misconduct.3 ABA Standard 3-1.2(b) states: "The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict." 4 Although rarely openly discussed, I ask now, is …
Prosecutorial Indiscretion, Alfred Light
Prosecutorial Indiscretion, Alfred Light
Intercultural Human Rights Law Review
In honor of John and June Mary Makdisi, this volume's general theme is about the importance of morality to law. They will be missed, having impacted students in a wide array of courses, stretching from Torts, Remedies, and Property to Evidence, Natural Law, and Family Law. Although my remarks strictly relate to my principal area of expertise and interest (i.e., environmental law), they are no less imbued with some of the moral concerns that have marked the academic lives of the Makdisis. As a professor working in the environmental field, moreover, considering the relationship of morality to law can be …
Nature's Law And The Nature Of The Cosmos: Ancient Human Stories About Perennial Moral Concerns, Roy Balleste
Nature's Law And The Nature Of The Cosmos: Ancient Human Stories About Perennial Moral Concerns, Roy Balleste
Intercultural Human Rights Law Review
When I was twelve years old, I was a guest at an unknown installation managed by the U.S. Air Force. The installation harbored a precious instrument: a solar telescope. I stood in front of the telescope while looking into outer space, and I was both excited from my visit and anxiously hoping for a better future for humanity. This experience opened up for me a world of new perceptions about the cosmos. I had wondered before about the mysteries of the universe. Since that time, new technologies have been developed and the achievements of human ingenuity have been fascinating, but …
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez
Intercultural Human Rights Law Review
In what follows, I first introduce what I take to be the two foundational insights of Policy-Oriented Jurisprudence, to wit: that law is a means that should be defined and studied from the perspective of the political superior or sovereign as inherently a type of decision made in social context that is ideally someone's creative and rational choice. Second, I introduce New Haven's distinction between theories of law and theories about law as framing its assessment of alternative legal theories, including Natural Law. Third, I explore Lasswell's and McDougal's attitude toward Natural Law, as well as the sources from which …
The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Makdisi
The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Makdisi
Intercultural Human Rights Law Review
The first section of this essay explores why the good of children requires the institution of marriage to promote the procreation of children by the act of physical-spiritual love between a man and a woman. The second section explores why the good of children requires the institution of marriage to promote the upbringing of children by the lasting, exclusive, and faithful commitment of the couple. The third section explains why Obergefell's removal of the requirement of a legal union between a man and a woman as an essential aspect of marriage not only destroys the function of the marriage institution …
Ethical Leadership, David A. Armstrong
Ethical Leadership, David A. Armstrong
Intercultural Human Rights Law Review
Our world is in desperate need of Ethical Leaders. In turmoil, it tumbles toward the abyss of hatred, violence, and anarchy. The cry for leaders with an authentic ethical agenda dedicated to the common good rises, and it assumes increasing urgency. This contribution is meant to honor John and June Mary Makdisi, intellectual and moral leaders of the academy. Their upcoming retirement provides the welcome occasion to reflect on responsible leadership in the necessarily joint universe of law and morality. This essay undertakes to delimit the proper understanding of ethical leadership, provides historical examples, and explores the question as to …
John The Theologian: Towards Integrating Law And Religion, Gordon Butler
John The Theologian: Towards Integrating Law And Religion, Gordon Butler
Intercultural Human Rights Law Review
Every dean leaves an impact on the law school they serve and its faculty. St. Thomas Law Dean Makdisi supported and encouraged Professor Siegfried Wiessner's effort in creating an LL.M. program in Intercultural Human Rights. While others will laud his many accomplishments as dean in the J.D. program, his impact on the religious heritage and Catholic mission of St. Thomas Law was greatest in the LL.M. program.
A Justice School: Teaching Forced Migration Through Experiential Learning, Lauren Gilbert
A Justice School: Teaching Forced Migration Through Experiential Learning, Lauren Gilbert
Intercultural Human Rights Law Review
This article demonstrates how experiential learning in law school can prepare students for the practice of law and, if done well, instill in them a life-long commitment to social justice. I use my efforts to integrate a public service component into my immigration courses to illustrate this. Despite institutional obstacles encountered along the way, the success of this effort ultimately turned on working collaboratively with student leaders with a shared commitment to equal justice, winning the support of well-placed individuals within our administration, and ensuring that the experience for students was rewarding. Our signature achievement has been the Karnes Pro …
Civility, Courtesy, Professionalism And Behaving Responsibly In An Age Of Rudeness, Leonard Pertnoy
Civility, Courtesy, Professionalism And Behaving Responsibly In An Age Of Rudeness, Leonard Pertnoy
Intercultural Human Rights Law Review
As members of the legal profession, we live out who we are by our actions, and it is time this includes good manners, disciplined behavior, and respect for each other and for the legal system. It is these requirements that are at the core of maintaining and preserving our democratic system. Perhaps it is time to supplement the code of professional responsibility with a code of personal behavior to ensure civility in courts. Toward this end, I propose the following: The Twelve Commandments of Professional Behavior
Doing Well By Being Good: How U.S. Labor Law Encourages Employer Good Faith Behavior, Douglas E. Ray
Doing Well By Being Good: How U.S. Labor Law Encourages Employer Good Faith Behavior, Douglas E. Ray
Intercultural Human Rights Law Review
This essay will discuss ways in which that duty of good faith bargaining is enforced and how a series of decisions by the courts and the National Labor Relations Board designed to increase employer power and flexibility have inadvertently encouraged and compelled employers to bargain in good faith by conditioning use of their most powerful weapons on their participation in good faith bargaining. The presence of economic weapons held in reserve is a powerful negotiating lever and an employer which has forfeited the ability to use weapons such a permanent striker replacement, lockout, and unilateral change will have substantially less …
The Moral Imperative To Change Unjust Laws And The New Haven School, Carol Castleberry
The Moral Imperative To Change Unjust Laws And The New Haven School, Carol Castleberry
Intercultural Human Rights Law Review
The theme of this issue of the Intercultural Human Rights Law Review involves profound issues of law and morality. Professors John and June Mary Makdisi chose this theme as one close to their hearts. Throughout their professional and personal lives, both Professors Makdisi have been teachers, mentors, and examples of how law and morality fit together. This essay is dedicated to them.
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 14 (2019).
The Toll Of American Exceptionalism On American Justice, Jay Sterling Silver
The Toll Of American Exceptionalism On American Justice, Jay Sterling Silver
Intercultural Human Rights Law Review
Early in his presidency, Barak Obama observed that "the fact that I am very proud of my country and I think that we've got a whole lot to offer the world does not lessen my interest in recognizing the value and wonderful qualities of other countries, or recognizing that we're not always going to be right, or that other people may have good ideas." The American exceptionalism police were quick to charge him with heresy. Then Louisiana Governor Bobby Jindal lamented, for example, that "[t]his is a president who won't proudly proclaim American exceptionalism, maybe the first president ever who …
Family Law: Above And Beyond The Call Of Duty, Marianne Cristina Gonzalez
Family Law: Above And Beyond The Call Of Duty, Marianne Cristina Gonzalez
Intercultural Human Rights Law Review
Family law practitioners play a delicate and important role in the lives of clients and their families. As lawyers, we have a duty and an obligation to listen to and understand the client's legal needs, while competently advocating to meet their goals and expectations. But how often do we really pay attention to the mental and spiritual needs of our clients to achieve their goal? Chances are we generally do not, since our own emotional baggage has been left unchecked. We have mastered the skill of tuning out the "red herrings" by trimming the excess, non-essential emotional noise that not …
Are Administrative Law Judges Officers Of The State: Constitutional Considerations In The Selection And Tenure Of Administrative Law, Eric H. Miller
Are Administrative Law Judges Officers Of The State: Constitutional Considerations In The Selection And Tenure Of Administrative Law, Eric H. Miller
St. Thomas Law Review
One of the hallmarks of the Florida Administrative Procedure Act is the creation of a pool of hearing officers independent from any agency or the direct control of any political figure. Since its substantial revision in 1974, the statute has always provided for the selection and hiring of administrative law judges ("ALJ") by the Director of the Division of Administrative Hearings. ALJs hear almost every type of case, from licensure denials to environmental permitting challenges. In most cases, the ALJ weighs the evidence and legal arguments before recommending findings of fact, conclusions of law, and proposed final disposition to the …
Welcome To Trump's Ice Age: Violations Of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids, Gianni Piantini
Welcome To Trump's Ice Age: Violations Of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids, Gianni Piantini
St. Thomas Law Review
This Comment addresses the implications of ICE agents violating Fourth Amendment rights of undocumented immigrants who have been unreasonably seized during workplace raids. Part II discusses how the Fourth Amendment protections extend to the workplace, as well as the influence of ICE on immigration law and how the Fourth Amendment applies in the immigration context. Part IH addresses how Trump's antiimmigrant oratory has encouraged ICE to conduct workplace raids, which result in egregious violations of the Fourth Amendment. Part III further addresses the effect of the holding in Delgado on workplace raids and how ICE has conducted the raids in …
Security, Law & Public Policy - Assessing The Efficacy Of A National Security Vs. Law Enforcement Model To Combat Terrorism, Marvin L. Astrada
Security, Law & Public Policy - Assessing The Efficacy Of A National Security Vs. Law Enforcement Model To Combat Terrorism, Marvin L. Astrada
St. Thomas Law Review
The relationship between security, law, and public policy, generally speaking, is one fraught with tension. This is the case, in part, because security has the potential for limitless application. During the campaign and since taking office, candidate (and later President) Trump clearly espoused an emphasis on security in order to "Make America Great Again." Securitization measures from a political, economic, sociocultural, and foreign policy perspective were key pillars of President Trump's campaign and have informed Executive policy-making since Trump assumed office. In the present highly contentious political environment, wherein the Executive has vigorously articulated and pursued an expansive sociopolitical and …
Delineating Defects: A Primer On Florida Product Liability Law (2017), Armando G. Hernandez
Delineating Defects: A Primer On Florida Product Liability Law (2017), Armando G. Hernandez
St. Thomas Law Review
This Article also aims to achieve the long-term goal of serving as an easy-to-use, comprehensive, and pragmatic compendium on Florida product liability law going forward for lawyers, judges, law students, engineers, industry insiders, etc. Part II of this Article explores the state of Florida product liability law decided in 2017 on both the state and federal court levels in the seminal areas of design defect, manufacturing defect, and/or failure to warn.1 4 Part III of this Article outlines trends and developments in the ancillary areas of procedural law, evidence, and jury instructions, among others." Part IV of this Article outlines …
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 …
Front Matter
St. Thomas Law Review
Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 31, Issue 1, Fall 2022.
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 …
The Second Front — Again? The Rising Tide Of Global Jihadism In East And Southeast Asia, Dr. Mark Kielsgard, Tam Hey Juan Julian
The Second Front — Again? The Rising Tide Of Global Jihadism In East And Southeast Asia, Dr. Mark Kielsgard, Tam Hey Juan Julian
Intercultural Human Rights Law Review
Mainstream scholarship abounds with assumptions that East and Southeast Asia will not constitute a second front in the international war on terrorism. These assumptions typically rely on different motivations, targets and methods employed by terrorist groups in the region as compared to Middle Eastern groups. This article argues that these assumptions are largely outdated, based on faulty conceptual models, fail to take stock of the growth and popularity of ISIS in the region and the significance of political failures of regional governments to adequately address domestic grievances. The peril has grown in recent years from localized sectarian movements and efforts …
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 …
Preventing Cultural Heritage Destruction And Responsibility To Protect, Erin Collins
Preventing Cultural Heritage Destruction And Responsibility To Protect, Erin Collins
Intercultural Human Rights Law Review
Over the past two decades the international community has witnessed the unlawful destruction of cultural heritage. In response, the United Nations General Assembly has stated that it was appalled by the destruction of sites such as the Buddhas of Bamiyan, concerned by the attack and the looting of the Iraqi Museum, and it even unequivocally condemned' the increasing frequency of horrifying terrorist attacks undertaken by the Islamic State. Despite the United Nations General Assembly continually expressing its outrage after each incident, it was not until recently that the International Criminal Court ("ICC") took steps to hold those responsible for cultural …
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).