Digital Commons Network^™

What's Past Is Prologue*: The Status And Contemporary Relevance Of American Indian Treaties, Kirke Kickingbird

St. Thomas Law Review

No abstract provided.

The Chiapas Uprising And The Negotiating Process, Margarita Gonzalez De Pazos

St. Thomas Law Review

No abstract provided.

Human Rights Education Programs For Indigenous Peoples: Teaching Whose Human Rights, Lynda Frost

St. Thomas Law Review

During the difficult decades of the 1970s and 1980s, human rights organizations (HROs), especially nongovernmental HROs, flourished in the Americas. The HROs directed their attention and resources toward documenting and denouncing the numerous and flagrant violations of human rights occurring in the region More recently the HROs found, partly because of their success, that demands for their services and funding for their projects have diminished. In an effort to revive and refocus their energy, many HROs have turned to human rights education as a new focus. Latin America has a strong tradition of popular education. Using techniques developed in popular …

Indian Gaming Regulatory Act: An Overview, Michael D. Cox

St. Thomas Law Review

Part I of this paper explores the history of gaming prior to the Act's passage. Part II discusses the major provisions of the IGRA. Part III reviews the litigation that has ensued since the IGRA was passed. Finally, part IV discusses the most recent proposals to amend the IGRA by the new Congress.

Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement, Bruce A. Green

St. Thomas Law Review

This Article focuses on how standards of prosecutorial conduct are enforced. As will be discussed, the process for sanctioning wrongful conduct of federal prosecutors is structurally inadequate. Federal prosecutors are subject to discipline by as many as four different authorities. Yet, each of the available disciplinary mechanisms is itself deficient. Furthermore, the diffusion of responsibility among different mechanisms compounds the problem.

Professionalism And Life In The Trenches: The Case Of The Public Defender, Rodney Thaxton, Lida Rodriguez-Taseff

St. Thomas Law Review

I would like to start with a little story. This actually happened during my employment at the Dade County Public Defender's office, when I was in juvenile court. There was this very bright young man who, having been arrested for stealing bicycles, was in detention. He had figured out an ingenious way to steal bicycles. He would go into the bicycle section in department stores, get a bicycle, and start riding it around. An employee would invariably say, "Oh, you can't ride that bicycle in here. Take it out," and would escort him to the door with the bicycle. He …

How The Exception Makes The Rule: Agency Waiver Of Statutes, Rules, And Precedent In Florida, F. Scott Boyd

St. Thomas Law Review

The purpose of this article is certainly not to formulate a complete conception of administrative equity. The intent, rather, is simply to begin to examine one small aspect of Florida administrative law which traditionally has been associated with equitable principles: the exception. First, the concept of exception will be considered, to provide some definition. As might be expected, both the form of the .law to which exception is sought and the form of the action granting exception are important in determining the discretion of the agency. Exceptions are therefore considered in groups: first, exceptions to statutory requirements; next, exceptions to …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 7, Issue 3, Summer 1995.

The President's Welcome Address, Franklyn M. Casale

St. Thomas Law Review

Welcome to this symposium, fittingly entitled, "Tribal Sovereignty: Back to the Future?" hosted by the St. Thomas University Human Rights Institute and its School of Law. Many languages are spoken in this room, and especially in our South Florida area, but rarely do we hear the richness of the languages that we have experienced here in prayer. I thank those who have prayed with us in their own languages for adding to the richness of our already rich and diverse South Florida community here at St. Thomas University. I welcome you all. I welcome especially their excellencies, the various Chiefs …

Indian Housing: The Fourth Decade, Susan J. Ferrell

St. Thomas Law Review

No abstract provided.

Sovereignty And Treaty Rights - We Remember, G. Peter Jemison

St. Thomas Law Review

No abstract provided.

American Indian Treaties And Modern International Law, Siegfried Wiessner

St. Thomas Law Review

No abstract provided.

The Saga Of Indigenous Peoples In Brazil: Constitution, Law And Policies, L. Roberto Barroso

St. Thomas Law Review

In 1979, when the military rule in Brazil was coming to an end, I dedicated some of my time to student political activity supporting the return of democracy. Several students used to show their political beliefs by posting banners on the windows of their cars. I had several in my car. One of them, probably the one that raised the most curiosity, read: "For the demarcation of indigenous lands." It was very charming, but none of us knew exactly its real meaning and implications. As far as I can remember, that was the first time I ever cared about Indians. …

Restoration Of The Independent Nation State Of Hawaii Under International Law, Francis Anthony Boyle

St. Thomas Law Review

No abstract provided.

A Backdrop For Reconciliation, Herbert Becker

St. Thomas Law Review

No abstract provided.

Spirituality, Culture And Tradition: An Introduction To The Role Of Tribal Courts And Councils In Reclaiming Native American Heritage And Sovereignty, Mark J. Wolff

St. Thomas Law Review

No abstract provided.

Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson

St. Thomas Law Review

The premise of this Article is that the inability of lawyers to conduct themselves in a reasonable fashion has less to do with a lack of good manners or ignorance about what conduct is expected, but has more to do with not having the strength of character needed to exercise self-discipline when making practical or ethical choices. I focus on civility because it speaks to both the profession's present distress over an apparent deterioration in lawyer behavior and its ongoing interest in lawyers of high moral character. My main agenda is to reintroduce certain ancient, classical ideas about civility as …

Yossarian Is Back, The Ultimate Catch-22: What To Do When The Statute Of Limitations Has Run On Lesser Offenses, Chris L. Kleppin

St. Thomas Law Review

This Comment examines how the courts in Florida have treated the issue of whether, and if so how, to give lesser-included-offense instructions when the statute of limitations has not run on the greater offense but has run on the lesser offenses. The remainder of this Part discusses the relevant aspects of statutes of limitations and lesser-included offenses respectively. Part II of this Comment is a chronological summary, from 1879 to 1980, of Florida cases in which the courts confronted the issue of the statute of limitations and lesser-included offenses. These cases dealt primarily with whether and how jury instructions should …

A View From The North: Aboriginal And Treaty Issues In Canada, Brad W. Morse

St. Thomas Law Review

No abstract provided.

Overview Of The Indian Child Welfare Act, Michael C. Snyder

St. Thomas Law Review

This article provides an overview of these basic Indian Child Welfare Act (ICWA) requirements and judicial interpretations of these requirements. It also includes references to the Federal Guidelines for State Courts. These Guidelines do not have the binding legislative effect of federal regulations, but are helpful in interpreting the ICWA.

Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee

Scholarly Works

Modern natural law constitutionalists assert that the Constitution, properly understood, includes a kind of general trump card in the form of a moral reality which provides (or is, at any rate, thought to provide) a measure of all positive legal acts--whether framed in terms of the values of natural equality, natural rights, or “simple justice.”

This article explores why “trump card” natural law constitutionalism cannot by its nature adequately confront crucial issues of institutional design and democratic theory. In thus putting questions of moral substance ahead of crucial issues of authority, natural law constitutionalism appears to rest on a naive, …

The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein

Touro Law Review

No abstract provided.

Multimedia Computing: Copyright Law's "Last Stand", Steven Pepe

Touro Law Review

No abstract provided.

Not Just A Private Club: Self Regulatory Organizations As State Actors When Enforcing Federal Law, Richard L. Stone, Michael A. Perino

Faculty Publications

In the Securities Exchange Act of 1934, Congress enacted a comprehensive scheme for regulating the national securities markets. Pursuant to that scheme, the Securities and Exchange Commission was given ultimate authority to enforce the newly enacted securities laws against market participants. The Exchange Act also created a prominent enforcement role for national securities exchanges, like the New York Stock Exchange. Congress required these self-regulatory organizations as a condition for their continued operation to enforce, among other things, compliance by their members with the provisions of the Exchange Act and the rules and regulations promulgated thereunder. The SROs were also given …

Severability In Statutes And Contracts, Mark L. Movsesian

Faculty Publications

Established doctrine on the severability of unconstitutional statutory provisions has drawn criticism on almost every conceivable basis. Commentators have condemned severability doctrine as too malleable and as too rigid; as encouraging judicial overreaching and as encouraging judicial abdication. They have criticized the doctrine's reliance on legislative intent and its disregard of legislative intent; its excessive attention to political concerns and its inattention to political concerns; its lack of any coherent explanation.

The reasons for this lingering controversy are easy to discern. One is purely pragmatic. "We live in an age of statutes." Legislation provides our primary source of law in …

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

Scholarly Works

No abstract provided.

William J. Stephens: Some Cases In Point, Kenneth M. Wasserman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Griswold V. Connecticut And The Unenumerated Right Of Prvacy, David Helscher

Northern Illinois University Law Review

In 1965, the United States Supreme Court recognized a constitutional right of privacy in marital sexual matters in Griswold v. Connecticut. In the thirty years since the decision, privacy rights have been extended to some areas of sexual expression, reproductive choices and classes of individuals. The right of privacy set out in Griswold has not been extended to all areas of sexual matters. An examination of the landmark case, its historical support for the right of privacy, and subsequent case development draw into question the Supreme Court's 1986 decision in Bowers v. Hardwick and possible future appeals based on an …

Indian Child Welfare Act Of 1978: The Congressional Foray Into The Adoption Process, Brian D. Gallagher

Northern Illinois University Law Review

Adoption law has become the focus of increased media and legal attention in the past few years. In 1978, Congress entered the adoption process, an area traditionally reserved for state regulation, through passage of the Indian Child Welfare Act. This Act was intended to remedy the "wholesale separation of Indian children from their families," which was viewed as being "perhaps the most tragic and destructive aspect of American Indian life ...". This article addresses the effect this Act has had over the past seventeen years. While a definitive statement regarding the success or failure of the act with respect to …

Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl

Northern Illinois University Law Review

Although recognized as an acceptable form of punishment in other cultures, castration as a punitive measure has traditionally found limited support in the United States. This comment examines the use of castration as a form of punishment, tracing the procedure from its origins in the eugenics movement in the early twentieth century to the recent popularity of chemical castration as an alternative to incarceration for sex offenders. The comment discusses constitutional challenges to the castration of sex offenders and addresses the economic and social policy considerations implicated by the practice. The author concludes that castration represents an unconstitutional and ineffective …