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International Human Rights Law In U.S. Courts, Richard B. Lillich Jan 1992

International Human Rights Law In U.S. Courts, Richard B. Lillich

Florida State University Journal of Transnational Law & Policy

Although, as Professor Bilder rightly observes, "[ijnternational human rights law is derived from a variety of sources and involves many kinds of materials, both international and national, it is to national law that one must look first to determine the scope and content of the human rights recognized and protected in any country. Domestic courts confronted with human rights claims initially refer to national constitutions, laws, decrees, regulations, court and administrative decisions, and policy pronouncements for relevant rules of decision. Increasingly, however, domestic courts also are taking international human rights law into account in deciding cases. The purpose of this …

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North American Free Trade Agreement: The Public Debate, Fran Ansley Jan 1992

North American Free Trade Agreement: The Public Debate, Fran Ansley

Scholarly Works

No abstract provided.

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Liability Of Blood Banks For The Transmission Of Hiv-Aids, Martin B. Kofsky Jan 1992

Liability Of Blood Banks For The Transmission Of Hiv-Aids, Martin B. Kofsky

St. Thomas Law Review

This article focuses on cases of HIV transmission arising from blood transfusions. This article specifically details and describes the effect of blood shield statutes upon HIV-AIDS litigation and the appropriate standard of care to which a blood bank or similar entity should be held. Finally, the impact of the standard of care in conjunction with blood shield statutes on negligence actions arising from the transmission of the virus through blood transfusions will be examined. Although only two to three percent of all HIV-AIDS transmission cases are attributable to transfusion, the bulk of the litigation with respect to HIV-AIDS transmission is …

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The Jury Trial In The Criminal Context: The Link Between The Defendant And The Community, Alfredo Garcia Jan 1992

The Jury Trial In The Criminal Context: The Link Between The Defendant And The Community, Alfredo Garcia

St. Thomas Law Review

No abstract provided.

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Front Matter Jan 1992

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, and Table of Contents for St. Thomas Law Review Volume 5, Issue 1, Fall 1992.

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The Hazelwood Hazard: Litigating And Legislating In The State Domain When Federal Avenues Are Closed, Alexander Wohl Jan 1992

The Hazelwood Hazard: Litigating And Legislating In The State Domain When Federal Avenues Are Closed, Alexander Wohl

St. Thomas Law Review

The focus of this article is to move the awareness of the ability to expand individual rights in the state domain one step further, into the legislative arena; to examine efforts to overcome judicial restrictions under the United States Constitution not simply through an increased use of state judicial remedies but, in instances where that option may fall short or may not be the best alternative, through action in the individual state legislatures. As a means of studying this procedure, this article will focus on a particular Supreme Court decision that limited a previously existing right under the Bill of …

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The Case Of The Bogus Ballot Summary: Grose V. Firestone, Thomas C. Marks Jan 1992

The Case Of The Bogus Ballot Summary: Grose V. Firestone, Thomas C. Marks

St. Thomas Law Review

No abstract provided.

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Failed Or Uneven Discourse Of State Constitutionalism: Governmental Structure And State Constitutions, Jeffrey A. Parness Jan 1992

Failed Or Uneven Discourse Of State Constitutionalism: Governmental Structure And State Constitutions, Jeffrey A. Parness

St. Thomas Law Review

In his recent article in the Michigan Law Review, entitled "The Failed Discourse of State Constitutionalism," Professor James A. Gardner examines the responses to Justice Brennan's invitation to state high courts "to seize control of the protection of constitutional rights by looking to state constitutions as potentially more generous guarantors of individual rights than the U.S. Constitution." He finds the responses in the "voluminous body of commentary" by "distinguished state jurists" and "prolific academics" to be "extraordinarily optimistic about the prospects for state constitutional law ... not only to meet J u s t i c e Brennan's challenge, but …

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Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut Jan 1992

Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut

St. Thomas Law Review

This article will review how state courts interpret state constitutional guarantees to arms, address the refusal by some courts to apply established rules on the interpretation of constitutional guarantees to arms cases, and examine discriminatory firearm bans in public housing.

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The Cocaine Addicted Lawyer And The Disciplinary System, Raymond P. O'Keefe Jan 1992

The Cocaine Addicted Lawyer And The Disciplinary System, Raymond P. O'Keefe

St. Thomas Law Review

This article will discuss cocaine addiction within the legal profession and its impact upon individual attorneys, clients, and the profession as a whole. It discusses different approaches that have been taken in Bar disciplinary proceedings and the need for professional sanctioning bodies to accept cocaine addiction as a disease, and recovery from it as a mitigating factor. It argues that admitting evidence of addiction and recovery as mitigation best serves the goals of the disciplinary proceeding, which are to 1) protect the public, 2) maintain the integrity of the legal profession,. and 3) preserve public confidence in the legal profession. …

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Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory Jan 1992

Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory

St. Thomas Law Review

This comment will (i) demonstrate that black defendants as well as black victims in death penalty cases, are not equally protected under the Fourteenth Amendment of the Constitution and (ii) propose a solution to provide blacks equal protection, as contemplated by the framers of the United States Constitution, when they face execution. This comment is not intended to present the argument that a death row inmate should share the same equal protection with that of law abiding citizens. Rather, this comment stands for the proposition that as a group, all death row inmates should be equally protected regardless of race.

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Hiv-Aids And Governmental Control Of Information: International Denial Of Human Rights, Michael L. Closent, Scott H. Isaacman Jan 1992

Hiv-Aids And Governmental Control Of Information: International Denial Of Human Rights, Michael L. Closent, Scott H. Isaacman

St. Thomas Law Review

This article will identify two significant failures in the efforts to effectively combat the HIV-AIDS pandemic. Both problems deal with the collection and dissemination of HIV-AIDS information. The first topic of concern is what we call the AIDS "name game." The definition of AIDS varies from country to country and changes from time to time within a single country, with substantial negative consequences. In addition, too much attention is focused upon AIDS rather than upon HIVAIDS (or HIV infection). Secondly, the underreporting of HIV-AIDS is a serious problem resulting in the denial of important human rights to hundreds of thousands …

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The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively Jan 1992

The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively

St. Thomas Law Review

This essay is derived in part from the author's book THE CONSTITUTION AND RACE (1992). Copyright 1992 by Donald E. Lively.

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European Unity In The Nineties--A Mirage, Thomas Opperman Jan 1992

European Unity In The Nineties--A Mirage, Thomas Opperman

St. Thomas Law Review

Thank you for the honor of presenting the 1991 St. Thomas Distinguished Lecture in Law. I accepted your kind invitation with great pleasure. You may not be aware of the fact, but I flatter myself to be one of the closest observers of St. Thomas University School of Law in Germany because I receive regular information about you from my very good friend Professor Siegfried Wiessner, an alumnus of our Law School at Eberhard Karls University in Tiibingen, Germany. Seeing him in the audience, I definitely feel at home. The subject of my lecture is the prospect of European unity …

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Say It Ain't So, Lewis--The Agony Of A New Legal Method Professor, James F. Kagan Jr. Jan 1992

Say It Ain't So, Lewis--The Agony Of A New Legal Method Professor, James F. Kagan Jr.

St. Thomas Law Review

No abstract provided.

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Should Defense Counsel Interview Plaintiffs' Treating Physician Ex Parte: Physician-Patient Privilege V. Discovery, Diane Davis Jan 1992

Should Defense Counsel Interview Plaintiffs' Treating Physician Ex Parte: Physician-Patient Privilege V. Discovery, Diane Davis

St. Thomas Law Review

This article first discusses the physician's ethical and legal obligations towards the patient and society. Second, it explores cases in which a patient's right to claim the physician-patient privilege was at issue, and why courts permitted or prohibited ex parte interviews. The article concludes that the courts prohibiting ex parte interviews of treating physicians reach the proper result based on the public policy favoring the physician-patient privilege.

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Introduction, Sherrie Cohen Jan 1992

Introduction, Sherrie Cohen

St. Thomas Law Review

This symposium issue entitled The 1990s: A New Jurisprudence Emerges was announced in the wake of the election of a new administration in the Fall of 1992. We believed that moment presented an opportune time to explore new policy directions and creative jurisprudential approaches to recurring and emerging conflicts within our nation's social and economic life. Our Call for Papers set forth our quest: What are 'the emerging issues and challenges facing a new jurisprudence of the 1990s? The diversity of responses we received reflects the range of issues in which our nation and our jurisprudence must engage in the …

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The State And Federal Religion Clauses: Differences Of Degree And Kind, Neil Mccabe Jan 1992

The State And Federal Religion Clauses: Differences Of Degree And Kind, Neil Mccabe

St. Thomas Law Review

This article will critically analyze some recent decisions that have recognized greater rights under state constitutions in the area of religious freedom, but it will place more emphasis on the possibility of lesser or different protection under the state constitutions.

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From Needy To Greedy - Are The Elderly A Suspect Class Under The Equal Protection Clause Of The Florida Constitution, John F. Cooper Jan 1992

From Needy To Greedy - Are The Elderly A Suspect Class Under The Equal Protection Clause Of The Florida Constitution, John F. Cooper

St. Thomas Law Review

No abstract provided.

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No Different Drummer: The Effect Of The 1983 Amendment To Article I, 12 Of The Florida Constitution, Paul R. Joseph Jan 1992

No Different Drummer: The Effect Of The 1983 Amendment To Article I, 12 Of The Florida Constitution, Paul R. Joseph

St. Thomas Law Review

It is hornbook law that the Bill of Rights provides a constitutional "floor" rather than a "ceiling." This means that the rights contained therein, which limit federal power directly and which are today understood as limiting state power by virtue of the Fourteenth Amendment's Due Process Clause, provide the minimum level of protection which no government may contravene. There is nothing to prevent the enactment of additional limitations on government power by granting or recognizing additional rights. Although such could be enacted as legislation, the focus of this symposium is state constitutions. Thus, for our purposes here, it is only …

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In Praise Of Diverse Discourse, Neil H. Cogan Jan 1992

In Praise Of Diverse Discourse, Neil H. Cogan

St. Thomas Law Review

Professor James A. Gardner's article, The Failed Discourse of State Constitutionalism,' is an obituary to state constitutional law. Like some recent academic notices of death, it is not simply premature. It is misconceived. Professor Gardner's obituary has two parts, an empirical part that argues that state constitutional law discourse and, in effect, state constitutional law has failed; and a political part that argues that state constitutional law ought to fail. Neither part is dependent upon the other. Even had Gardner found that state constitutional law discourse is robust, he would nonetheless have argued that state constitutional law ought to fail. …

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Book Review - The Sixt Amendment On Modern American Jurisprudence: A Critical Perspective, Laura Gardner Webster Jan 1992

Book Review - The Sixt Amendment On Modern American Jurisprudence: A Critical Perspective, Laura Gardner Webster

St. Thomas Law Review

No abstract provided.

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Review Essay: A Generation Of Change In Florida State Constitutional Law Review Of Talbot D'Alemberte, The Florida State Constitution: A Reference Guide, Robert F. Williams Jan 1992

Review Essay: A Generation Of Change In Florida State Constitutional Law Review Of Talbot D'Alemberte, The Florida State Constitution: A Reference Guide, Robert F. Williams

St. Thomas Law Review

No abstract provided.

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Back To The Future: Original Intent As A Means For Vitalizing The Fourteenth Amendment In The Context Of Race, Raneta J. Lawson Jan 1992

Back To The Future: Original Intent As A Means For Vitalizing The Fourteenth Amendment In The Context Of Race, Raneta J. Lawson

St. Thomas Law Review

Donald E. Lively's book The Constitution and Race exposes in a methodological way the historical origin of the conflict between symbolism and substance in the context of race. Lively chronicles two centuries of constitutional jurisprudence pertaining to race from the initial deferral of race-based issues at the nation's founding to the modem day catering to majoritarian interests that continues to subordinate racial concerns. Throughout this jurisprudential retrospective, Lively demonstrates how race-based considerations have permeated nearly every aspect of society and yet such considerations remain significantly unattended because of national policies that ultimately indulge competing priorities. Lively argues that a recognition …

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Realigning Maternal/Fetal Interests In The Battle Against Substance Abuse, Jeanette Lewis Jan 1992

Realigning Maternal/Fetal Interests In The Battle Against Substance Abuse, Jeanette Lewis

St. Thomas Law Review

America's "War on Drugs" has given rise to political and legal debate concerning the critical health problems presented by maternal drug abuse during pregnancy. The "War," largely characterized by criminal sanctions as opposed to preventative measures, indicates the social attitude and legal response to this crisis. Researchers estimate that 375,000 newborns may be harmed by maternal substance abuse in the United States each year. Furthermore, one in every ten babies born in urban areas has been exposed to cocaine in the womb. Given the epidemic proportions of America's drug problem and its agenda against drug use, it is surprising that …

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Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity, Malik Simba Jan 1992

Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity, Malik Simba

Explorations in Ethnic Studies

In the constitutional case of Gong Lum v. Rice (1927), the United States Supreme Court, composed entirely of Bok Guey (whites), adjudged Hon Yen (Chinese) to be in the same social classification as Lo Mok (blacks).[1] The case, which pertained to "racially" segregated schools, reveals the problematic of law, race, and ethnicity.

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Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben Jan 1992

Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben

Scholarly Works

During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used those first ten Amendments to constitutionalize state common-law torts. In this essay, Professor Elaine Shoben argues that the Court would be well advised to forgo that practice. Pointing to the Court's experience in constitutionalizing defamation law under the First Amendment, Professor Shoben says when the Court meddles in state tort law, the result is a highly complex and very unsatisfactory body of law. On the Bicentennial of the Bill of Rights, this author recommends that if the Court feels compelled to reform a state common-law …

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State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley Jan 1992

State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.

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On Remembering Judge Eugene P. Spellman: A Different Vision, Ira J. Kurzban, Irwin P. Stotzky Jan 1992

On Remembering Judge Eugene P. Spellman: A Different Vision, Ira J. Kurzban, Irwin P. Stotzky

St. Thomas Law Review

No abstract provided.

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The Jurisprudence Of Affirmative Action: Equality In Abstraction And Application, Alec Anthony Izzo Jan 1992

The Jurisprudence Of Affirmative Action: Equality In Abstraction And Application, Alec Anthony Izzo

St. Thomas Law Review

Analyzing the results in affirmative action cases decided in the last fourteen years tends to invite specious observations. For example, it is true that only 50% of the affirmative action plans reviewed by the Supreme Court withstand constitutional attack, while 80% withstand federal statutory attack. Additionally, more than half of the Court's affirmative action opinions have been authored by Justice Brennan and in each case the challenged plan has been approved. Further, two cases evaluating the constitutional merits of affirmative action were written by Justice Powell, whose opinions resulted in findings of unconstitutionality, and whose language echoes long beyond his …

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