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Articles 1 - 9 of 9
Full-Text Articles in Law
The Key Deer Is Headed For Extinction: How Repealing A Trump-Era Federal Rule Defining "Habitat" Could Allow Assisted Migration To Save Species Threatened By Climate Change, Kennedi Fichtel
St. Thomas Law Review
Climate change induced sea level rise is imminent. In fact, the U.S. Army Corps of Engineers has predicted that “[b]y 2045, the sea level in the Florida Keys will rise 15 inches . . . .” Such a projection usually invites questions about the implications for coastal residential homeowners. However, this projection means so much more for the voiceless inhabitants of the Florida Keys. Anthropogenic climate change that leads to sea level rise of this magnitude will be responsible for permanently destroying species’ habitats, and therefore impacting their ability to survive. For endangered and threatened species, this means extinction. As …
Tick, Tock: Clarifying The Fmla Statute Of Limitations For Claims Involving Absenteeism Policies, Sarah H. Lavelanet
Tick, Tock: Clarifying The Fmla Statute Of Limitations For Claims Involving Absenteeism Policies, Sarah H. Lavelanet
St. Thomas Law Review
This Comment addresses the ambiguity within the FMLA statute of limitations, specifically the contested interpretation of “last event.” Part II provides background on the FMLA, including its history, purpose, and relevant provisions such as eligibility, rights, and enforcement thereunder. Part III analyzes how federal circuit courts are split on the interpretation of “last event” and how this affects the timeliness of FMLA claims. Part IV proposes amending the FMLA regulations to clarify the limitations period using the Barrett holding that “last event” constitutes the last denial of FMLA rights. Finally, Part V concludes, asserting that if this solution is adopted, …
How Beneficial Is Florida's Community Property Trust Act To The Marital Estate? A Legislative Analysis Of Florida's Community Property Trust Act, Massiel Alonso
How Beneficial Is Florida's Community Property Trust Act To The Marital Estate? A Legislative Analysis Of Florida's Community Property Trust Act, Massiel Alonso
St. Thomas Law Review
Florida is a migratory state, famous for its tropical climate and its generous tax laws. Now, Florida is joining Alaska, Tennessee, South Dakota, and Kentucky in offering a Community Property Trust for marital property. One of the benefits of a Community Property Trust Act (“CPTA”) is that when a spouse owning community property dies, the basis of both the deceased spouse’s and the surviving spouse’s (50%) shares of the property are adjusted to the property’s fair market value at the date of the decedent spouse’s death. This sort of tax adjustment is referred to as a “double step-up in basis,” …
Combating Fraud Under The False Claims Act: Not-Protecting Against Post-Employment Retaliation Is A Self-Defeating Policy, Alejandro Flores Jr.
Combating Fraud Under The False Claims Act: Not-Protecting Against Post-Employment Retaliation Is A Self-Defeating Policy, Alejandro Flores Jr.
St. Thomas Law Review
Every year, fraudulent activity against the United States government costs taxpayers billions of dollars. The majority of these losses result from acts of fraud against federal health care programs like Medicare and Medicaid, and to a lesser extent, from matters involving contracts with the government for the purchase of goods and services. However, the United States Department of Justice (“DOJ”) fights back to regain lost taxpayer dollars by taking action under the False Claims Act (“FCA”), which imposes liability on such types of government fraud. Since 1986, actions taken by the DOJ resulted in the recovery of over $64 billion …
Front Matter
St. Thomas Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 35, Issue 1, Fall 2022.
A Call For Transparency In Sports To The Government Of Puerto Rico, Karla V. Aponte
A Call For Transparency In Sports To The Government Of Puerto Rico, Karla V. Aponte
St. Thomas Law Review
Much like a state, Puerto Rico is self-governed, but cannot interfere with federal law. However, sports federations in Puerto Rico are not governed by the existing applicable federal law. Sports federations are avoiding most of the strict regulations imposed by federal acts, mainly because Puerto Rico has its own Olympic identity, and is recognized by the International Olympic Committee as a separate country. As a result, the language on the federal acts has been interpreted to only apply to those organizations representing the United States. Because of this, federations avoid strict auditing procedures, and other regulations, which consequently have deterred …
The Constitutional Issues Of Publishing Mugshots In The Age Of Screenshots And Digital Media, Ryan J. Mcelhose
The Constitutional Issues Of Publishing Mugshots In The Age Of Screenshots And Digital Media, Ryan J. Mcelhose
St. Thomas Law Review
This paper takes the position that American people’s Due Process rights are violated when their mugshots are digitally disseminated prior to a conviction. The press’s First Amendment rights are not violated by not having access to pre-conviction booking photos because the press can report on other publicly accessible information. The same conclusion can be made relating to private citizens and private companies who assert that their Freedom of Speech rights are violated by not having access to obtain, publish, and disseminate pre-conviction mugshots. Existing scholarship has addressed the issue of publishing mugshots with privacy arguments related to the Freedom of …
U.S. Drug Reform: A Cultural Shift, Leionah J. Noah
U.S. Drug Reform: A Cultural Shift, Leionah J. Noah
St. Thomas Law Review
When a human body ingests a lethal dose of heroin, the body goes through an enormous physiological transformation. The functions of the central nervous system begin to depress, breathing is shallowed, the pulse is weakened, and the skin turns blue or gray with dark lips and fingernails. An alert person must quickly administer naloxone, an opioid antagonist, to reverse the effects of a heroin overdose, as symptoms typically begin after ten minutes. For many, however, their lives end with an overdose, despite this outcome being preventable. This paper will establish that drug overdose deaths are preventable for an entirely different …
Front Matter
St. Thomas Law Review
Front Matter includes Masthead and advisors for St. Thomas Law Review Volume 34, Issue 2, Spring 2022.