Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law (16)
- Law and society (8)
- Race and the law (5)
- Constitutional law (2)
- Criminal law (2)
-
- Fourth amendment (2)
- Human rights (2)
- International law (2)
- Police reform (2)
- Race and law (2)
- 5th amendment (1)
- BIPA (1)
- Ben crump (1)
- Benjamin l crump (1)
- Biometric Illinois Privacy Act (1)
- Biometric Privacy Data Regulation (1)
- Black professional athlete (1)
- Civil rights and discrimination (1)
- Class (1)
- Corporate reparations (1)
- Criminal law and procedure (1)
- Criminal procedure (1)
- Darren wilson (1)
- Data privacy (1)
- Data privacy legislation (1)
- Data regulation (1)
- Discriminatory dog breed restrictions (1)
- Dog owners (1)
- Drug law (1)
- Drug policy (1)
Articles 1 - 21 of 21
Full-Text Articles in Law
Claim Denied - Access Denied: The Black Wall Street Insurance Grift, Andre D.P. Cummings, Kalvin Graham
Claim Denied - Access Denied: The Black Wall Street Insurance Grift, Andre D.P. Cummings, Kalvin Graham
St. Thomas Law Review
The subject of Corporate Reparations has gained noteworthy momentum in recent years. The murder of George Floyd at the hands of former police officer Derek Chauvin in 2020 galvanized major United States corporate leadership into thinking about and committing to playing a sizeable role in ending systemic racism and bringing economic equality and social justice to the nation.
Doug McMillon, Chief Executive Officer (CEO) of Fortune #1 company Walmart, Inc. expressed as much when he stated in the wake of the George Floyd summer of protests:
"What I’ve come to realize is that it wasn’t just the physical weight of …
Dog Owners Deserve Public Housing: Why Florida's Dog Breed Restrictions Are Discriminatory And Should Be Repealed, Melissa Betancourt
Dog Owners Deserve Public Housing: Why Florida's Dog Breed Restrictions Are Discriminatory And Should Be Repealed, Melissa Betancourt
St. Thomas Law Review
This Comment analyzes why dog breed restrictions are discriminatory and ineffective, and how responsible dog owners throughout Florida lack access to inclusive public housing laws. Part II provides background on the breed-specific ordinances in Florida and Public Housing Authorities, including history and definitions. Part III discusses why breed-specific legislations are ineffective, and Florida’s recent attempts to eliminate them. Part IV considers three solutions to trump over Florida’s dog breed restrictions and aid dog owners during the current housing crisis. Lastly, Part V will summarize and conclude the analysis throughout the Comment.
Lack Of Access To The Law: Saving Black Americans A Seat At The Legal Table Symposium Transcript, Benjamin L. Crump
Lack Of Access To The Law: Saving Black Americans A Seat At The Legal Table Symposium Transcript, Benjamin L. Crump
St. Thomas Law Review
Transcript: Opening Remarks of "Lack of Access to the Law: Saving Black Americans a Seat at the Legal Table" Symposium by Benjamin L. Crump, Esq.
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 …
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 …
From Tiktok To Racial Violence: Anti-Blackness In The Gendered Sphere, Dr. Donald F. Tibbs
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
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 …
Meek Mill's Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb G. Conrad, Andre D.P. Cummings, Amy D. Johnson
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 …
Race & Policing In America Symposium Transcript
Race & Policing In America Symposium Transcript
St. Thomas Law Review
The symposium was moderated by Professor andré douglas pond cummings of University of Arkansas at Little Rock William H. Bowen School of Law.
States And Laws, Jews And Palestinians: Yadgar's Traditionist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg
States And Laws, Jews And Palestinians: Yadgar's Traditionist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg
Intercultural Human Rights Law Review
This essay reviews Israel's Jewish Identity Crisis: State and Politics in the Middle East, published last year by Yaacov Yadgar (Stanley Lewis Professor of Israel Studies at the University of Oxford School of Global and Area Studies). His book connects Israel's sometimes arcane internal identity debates to core issues in the Israel/Palestine conflict, a connection largely unexamined prior to this book.
Betraying The American Public's Trust And Police Accountability Interrogations: The Darren Wilson Story, Shaymaa Shwel
Betraying The American Public's Trust And Police Accountability Interrogations: The Darren Wilson Story, Shaymaa Shwel
Intercultural Human Rights Law Review
This paper will be focused on the specific failure by prosecutors to obtain an indictment when Michael Brown (Brown), the victim, was shot by law enforcement and will discuss: (1) systematic racism in the City of Ferguson (Ferguson), and the events leading up to the Darren Wilson (Wilson) case; (2) the specificities of the grand jury proceedings in the Wilson case; and (3) finally, conclude by evaluating how the Wilson case led to no indictment, and how attempting to indict a police officer is completely different.
Florida's Late Entrance To The Ongoing Trend: Sexual Orientation In The Workplace, Ernesto Rivero
Florida's Late Entrance To The Ongoing Trend: Sexual Orientation In The Workplace, Ernesto Rivero
St. Thomas Law Review
John Doe is an exceptional firefighter who also happens to be a homosexual. John performs his duties every day to the utmost of his ability; however, in response to his sexual orientation, John is verbally harassed daily, underpaid for his line of work, and subsequently discharged from his position. This is a consequence of practicing his protected constitutional right of same sex marriage at his workplace. Every individual ought to have a fair and inclusive workplace free from discrimination; that is not the case in today’s America. Although employees are protected from discrimination by the Civil Rights Act of 1964 …
Shut Up And Dribble: The Racial Subordination Of The Black Professional Athlete, Daniela Tenjido
Shut Up And Dribble: The Racial Subordination Of The Black Professional Athlete, Daniela Tenjido
St. Thomas Law Review
Most popular sports in the U.S. today are dominated by Black athletes. The professional Black athlete today has opportunities that the majority of his nonathlete counterparts do not. Judging objectively, professional Black athletes “made it.” Lucrative lifestyles and international fame, however, has come at a high price in recent years. In the era of the Black Lives Matter movement, a domestic race war, and the increase unleashing of violence against the Black community by police, Black athletes are caught in the middle. Athletes are natural born leaders. This has led to the strong convictions and rightful protest by many of …
The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble
The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble
St. Thomas Law Review
Racism and discrimination remain topics of focus that continue to shape the lives, experiences, and results of the American people. These aspects continue creating privileges, systematically and socially, for Whites while disadvantaging Blacks. Today’s White person claims to not see color, but is that the truth? Perhaps they do not see color, but maybe a more honest statement is that they do not see blackness. Where did it all begin? To answer these questions, this paper explores “The Birth of a Monster,” better known as “whiteness,” by encompassing white privilege and supremacy. It will paint a picture from segregation to …
Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In Internationa Law, Beatriz Garcia, Lucas Lixinski
Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In Internationa Law, Beatriz Garcia, Lucas Lixinski
Intercultural Human Rights Law Review
This article argues that the current model of Indigenous rights adjudication foregrounds essentialized notions of culture, backgrounding interests of Indigenous peoples (IPs) that are not necessarily related to culture. Culture imposes a burden that limits the possibilities of human rights for Indigenous peoples, which is at least in part attributable to the current model's lack of precision. We show that the jurisprudence on IP rights by international adjudicatory bodies focuses on culture without meaningful attempts to explain and define it, is imprecise on how culture affects the reading of the human right for which it serves as the basis, as …
An Analysis On Biometric Privacy Data Regulation: A Pivot Towards Legislation Which Supports The Individual Consumer's Privacy Rights In Spite Of Corporate Protections, Carla Llaneza
St. Thomas Law Review
This Comment will address the different ways in which biometric data has become an integral part of everyday American life, whether it be through the use of facial recognition for national security or the use of fingerprinting to access an individual’s smartphone. Part II will further discuss how biometric data privacy legislation, specifically as set out in the Biometric Illinois Privacy Act (“BIPA”), has become prominent and will analyze its effects on the legal rights of consumers to bring suit against private entities. Part III will discuss the present solutions available to consumers who fall victim to companies who distribute …
Pandemic, Protests, And Prison Reform? Why 2020 Is A Catalyst To Rethink Drug Policy, Keelia Lee
Pandemic, Protests, And Prison Reform? Why 2020 Is A Catalyst To Rethink Drug Policy, Keelia Lee
St. Thomas Law Review
This Article will argue for the abandonment of the current criminal justice system as it relates to drug offenses and for its replacement with a medical model to address the healthcare problem of addiction. The medical model approach calls for complete decriminalization of all controlled substances coupled with better rehabilitation and reintegration policies. This Article argues the criminalization of drugs has targeted minorities under the guise of keeping communities safe. It will look at the differences between the United States and Portugal, a country that has implemented the medical model, while also analyzing recent legislation in the United States addressing …
How The Race Of A Neighborhood Criminalizes The Citizens Living Within: A Focus On The Supreme Court And The "High Crime Neighborhood", Deandre' Augustus
How The Race Of A Neighborhood Criminalizes The Citizens Living Within: A Focus On The Supreme Court And The "High Crime Neighborhood", Deandre' Augustus
St. Thomas Law Review
My whole life I was taught that all men are not created equal. This was beaten into my brain by my loving mother who just wanted me to be safe. You see, this message was part of what most young Black men hear when given “the talk.” I remember multiple variations of the talk given to me throughout my early childhood. However, a variation of the talk was most vividly remembered while taking our dog for a walk around my neighborhood with my mother. At the time, we lived in a suburban area, in a predominantly White neighborhood of Baton …
Cultural, Morality, And The Law: The Treatment Of Homosexuals In Jamica, Donovan Mcfarlane
Cultural, Morality, And The Law: The Treatment Of Homosexuals In Jamica, Donovan Mcfarlane
Intercultural Human Rights Law Review
This paper presents the issue from the diverse contextualities including religion, natural law jurisprudence, culture and rule of law using the New Haven School of Jurisprudence methodology in dissecting the treatment of homosexuals in the island nation of Jamaica.
A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding, Wadad Barakat
A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding, Wadad Barakat
St. Thomas Law Review
This Comment addresses the negative implications of juveniles who waive their Miranda rights due to lack of knowledge, fear, and lack of cognitive capabilities." First, this Comment will provide insight regarding the Fifth Amendment, the history of Miranda, and key cases that lead to the reform of Miranda. Second, this Comment will discuss juveniles' perspective of the Miranda language along with the police's perspective. In particular, it will emphasize the complexity of the language as it stands today and how juveniles' cognitive abilities are insufficiently developed to understand it. Lastly, this Comment will propose guidelines to prevent minors from giving …
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 …