Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

28 Usc § 1782 In Aid Of Foreign Arbitration: "A Tribunal By Any Other Name", Attilio M. Costabel Jan 2021

28 Usc § 1782 In Aid Of Foreign Arbitration: "A Tribunal By Any Other Name", Attilio M. Costabel

St. Thomas Law Review

No abstract provided.


From Tiktok To Racial Violence: Anti-Blackness In The Gendered Sphere, Dr. Donald F. Tibbs Jan 2021

From Tiktok To Racial Violence: Anti-Blackness In The Gendered Sphere, Dr. Donald F. Tibbs

St. Thomas Law Review

This article proceeds in four sections. Section I begins with a brief historiography of the danger of White gendered racism to Black life; specifically, when White women falsely accuse Black men of crimes. The seriousness of this provocative history is undisputed. It has been captured as a movie adaptation of a famous novel, well documented in academic scholarship, sang in negro spiritual songs, described in countless media stories, and documented by the federal government when the accusations involved brutal retaliation-style killings. After discussing the historical underpinnings of gendered racism, Section II uses a case study of a White woman, named …


Public Health Policing And The Case Against Vaccine Mandates, Dr. Tryon Woods Jan 2021

Public Health Policing And The Case Against Vaccine Mandates, Dr. Tryon Woods

St. Thomas Law Review

There can be no simple reading of a text, be it literary, philosophical or scientific, nor of the social text in the most general sense. Rather, the question must turn upon itself, no less than its putative object, as a matter of interpretation and, more important, as a matter of the forces at work in the interpretative activity under way. There is always the ascription of voice to what is otherwise silent, the attribution of a face or the placement of a mask. Le germe n’est rien, c’est le terrain qui est tout. The microbe is nothing, the soil is …


Let's Make Some "Scents" Of Our Fourth Amendment Rights: The Discriminatory Truths Behind Using The Mere Smell Of Burnt Marijuana As Probable Cause To Search A Vehicle, Alessandra Dumenigo Jan 2021

Let's Make Some "Scents" Of Our Fourth Amendment Rights: The Discriminatory Truths Behind Using The Mere Smell Of Burnt Marijuana As Probable Cause To Search A Vehicle, Alessandra Dumenigo

St. Thomas Law Review

This Comment addresses the negative effects that have resulted and will continue to result if police officers are encouraged by jurisprudence to conduct a warrantless search of an entire vehicle based on the smell of burnt marijuana. Warrantless searches of an entire vehicle based merely on the smell of burnt marijuana grant officers unlimited power that will likely result in police misconduct, an increase in racially profiled traffic stops, and a distrust between police officers and the Black community amid the nationwide outrage over the death of George Floyd. Part II of this Comment discusses the history of the Fourth …


Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez Jan 2021

Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez

St. Thomas Law Review

What drives a business? Most simply put, profit. But to what end? Employment classification has a significant impact on a business’s profit. The two most common worker classifications recognized globally are the independent contractor and the employee. This classification determines whether the individual receives access to pay, qualifies for benefits, and gains protection from discrimination. All these factors come at a cost to an employer and result in a cut in their overall profit. In the twentieth century, employment classification has been subject to heavy litigation in a particular field: the gig economy. The gig economy, which primarily grew in …


Meek Mill's Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb G. Conrad, Andre D.P. Cummings, Amy D. Johnson Jan 2021

Meek Mill's Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb G. Conrad, Andre D.P. Cummings, Amy D. Johnson

St. Thomas Law Review

Meek Mill, in his intimate autobiographical tracks of Trauma, Oodles O’Noodles Babies, and Otherside of America, describes experiencing not just several instances of childhood trauma as identified by the CDC-Kaiser Permanente study, but as a teenager, he suffered additional cruel trauma at the hands of U.S. police and a criminal justice system that wrongly imprisoned and unfairly positioned him in a revolving door between probation and prison. The data tells us that the trauma Meek experienced as a child and teenager statistically predicts a poorer life expectancy for him than those individuals that experienced no trauma or little trauma as …


Future Disabilities And Employment Discrimination Law, Amanda Valero Jan 2021

Future Disabilities And Employment Discrimination Law, Amanda Valero

St. Thomas Law Review

This Article will first discuss the purpose of the ADA, the importance of the 2008 ADA Amendments, and how recent decisions will once again deny protections to individuals who are “regarded as” disabled. Part II describes the evolution of disability law in the form of the Rehabilitation Act, the ADA (Title I – Employment), and its amendments. Part III analyzes the “regarded as” prong of the ADA, the Sutton case which narrowly construed the protections afforded by the ADA, how the Sutton decision negatively impacted individuals discriminated against on the basis of a “disability,” and how the 2008 ADA amendments …


The Nil Game Plan: How The Florida Legislature Can Become Student-Athletes' "Ambassador Of Quan", Alexa Rae Martinez Jan 2021

The Nil Game Plan: How The Florida Legislature Can Become Student-Athletes' "Ambassador Of Quan", Alexa Rae Martinez

St. Thomas Law Review

The movie Jerry Maguire follows a successful sports agent who questions the morals of his work, which leads to him being stripped of his contribution at his firm and being left with one client. Throughout the movie, Maguire struggles to build his clientele while pursuing the best interests of his only client, Rod Tidwell. Somewhere along the way, Tidwell uses the word “Quan” and leaves Maguire perplexed; “Quan? That’s your word?” Tidwell replies: “Yeah, that’s my word. You know some dudes might have the coin. But they’ll never have the Quan.” “Wha…what is that?” Maguire asks, still clearly confused. Tidwell …