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Articles 1 - 24 of 24
Full-Text Articles in Law
Integrating Human Rights With Local Norms: Ebola, Burial Practices, And The Right To Health In West Africa, Julie Fraser, Henrike Prudon
Integrating Human Rights With Local Norms: Ebola, Burial Practices, And The Right To Health In West Africa, Julie Fraser, Henrike Prudon
Intercultural Human Rights Law Review
While international rights are intended to apply universally, their interpretation is culturally dependent and implementation contextually defined. Scholars have therefore advocated culturally sensitive approaches to human rights that include local norms in programs for effective implementation. This paper examines such approaches by scholars including Celestine Nyamu-Musembi (2000), Erika George (2008), and Tom Zwart (2012), and explores their application in a case study on the right to health, Ebola, and burial practices in West Africa. As these approaches aim to integrate local norms with universal human rights, their application in a case study enables a critical assessment of whether the coexistence …
Classified Websites, Sex Trafficking, And The Law: Problem And Proposal, Marianne Lourdes Asencion
Classified Websites, Sex Trafficking, And The Law: Problem And Proposal, Marianne Lourdes Asencion
Intercultural Human Rights Law Review
Since the beginning of the 1600s, slavery was a known issue in the United States (U.S.). Although slavery was abolished in 1863 as a result of the Civil War, slavery persists in the present day. Modem day slavery is human trafficking. Although there is a misconception that human trafficking is only an international issue, victims need not cross international borders to be trafficked. Even though trafficking suggests movement or travel, there is no requirement that victims must be transported in order for trafficking to take place. Annually, approximately 700,000 victims are trafficked within U.S. borders. In the U.S. alone, there …
One Decade Later: Florida's Stand Your Ground Law Alive And Well, Shahabudeen K. Khan
One Decade Later: Florida's Stand Your Ground Law Alive And Well, Shahabudeen K. Khan
Intercultural Human Rights Law Review
This article focuses on certain key findings and recommendations of the ABA Task Force outlined above in relation to Florida's Stand Your Ground law. It also examines Florida Stand Your Ground law and its evolution since its inception in 2005. Is Florida safer in 2016 compared to 2005? Has Stand Your Ground delivered positive results ten years later? There have been unsuccessful calls to repeal Stand Your Ground laws in their entirety. Furthermore, this article re-establishes the gravity of this problem and suggests that one critical step forward is to work around the legislatures in implementing reforms. Part II of …
Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes
Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes
Intercultural Human Rights Law Review
On the afternoon of February 26, 2012, George Zimmerman (Zimmerman) drove through his neighborhood when he spotted a "suspicious black male" and decided to inform the authorities. Seventeen-year-old Trayvon Martin (Martin) was walking home after purchasing a bag of Skittles at a nearby 7-Eleven. Instructed by a police dispatcher, Zimmerman was to stay in his vehicle and avoid Martin. Zimmerman ignored the dispatcher's instructions and decided to approach Martin. Zimmerman consequently entered into an altercation with Martin, who was unarmed. Moments later, Zimmerman shot Martin, and claimed self-defense. A claim of self-defense under a Stand Your Ground theory enables an …
How Universal Is The United Nations' Universal Periodic Review? An Examination Of The Discussions Held On Female Genital Mutilation In The First Cycle Of Review, Gayatri Patrel
Intercultural Human Rights Law Review
Hailed as the most innovative and unique human rights monitoring mechanism at the United Nations, the Universal Periodic Review (UPR) process promises to promote and protect the universality of all human rights issues and concerns in an objective, universal, and transparent manner. With the interactive dialogue session being at the heart of the review, coupled with the possibility of peer States potentially raising any international human rights norm to hold States accountable, there is a possible challenge to the universality of human rights norms, vocalized by State representatives when certain contentious issues are raised during State reviews. This paper explores …
The Cost Of (Non)Compliance: An Expose Of The United States' Immigration Detention Policy And Its Failure To Comply With International Standards, Jessica Wright
The Cost Of (Non)Compliance: An Expose Of The United States' Immigration Detention Policy And Its Failure To Comply With International Standards, Jessica Wright
Intercultural Human Rights Law Review
The persistence of brutal warfare sparked an international movement against torture at the turn of the twentieth century. By 1948, the Universal Declaration of Human Rights (UDHR) introduced a ban on torture.' Two decades later, the International Covenant on Civil and Political Rights (ICCPR) followed suit, prohibiting member States from subjecting individuals to torture. However, in decades following said treaties, brutal dictatorships proved that short provisions in international documents are not enough to prevent torture. The plight of Chilean dictator Augusto Pinochet illustrated the weaknesses of the international framework on torture. Despite the heinous acts of torture committed under his …
The Relevance Of Victims' Organizations In The Transitional Justice Process: The Case Of The Grandmothers Of Plaza De Mayo In Argentina, Dr. Valeria Vegh Weis
The Relevance Of Victims' Organizations In The Transitional Justice Process: The Case Of The Grandmothers Of Plaza De Mayo In Argentina, Dr. Valeria Vegh Weis
Intercultural Human Rights Law Review
The case of the Grandmothers of Plaza de Mayo has been extensively discussed, but most commentators focus on two aspects: its "uniqueness," and its "meaningful participation" in the transitional justice process. This paper challenges the traditional commentary by concentrating on the complexity of the Grandmother's experience and its potential to be replicated by other victims' organizations in other parts of the globe. The paper also proposes replacing the traditional goal of "meaningful participation" - focused on a victim-centered or victim-oriented perspective - by means of a victim-driven approach. To do this, the article analyzes the success of the Grandmothers by …
Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer
Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer
Intercultural Human Rights Law Review
Section I of this article will provide updated statistical data on human trafficking in California, demonstrating increased consciousness, heightened awareness and the ongoing search for effective tools. Sections II and III will highlight the important psychological and practical economic impact asset forfeiture laws have on crime. These sections will also provide a comprehensive review how forfeiture is currently implemented in the fight against human trafficking. Sections IV and V will argue why human trafficking crimes must be subjected to California's civil asset forfeiture laws: how civil forfeiture reduces both the supply-side and demand-side of trafficked victims. It will also provide …
Front Matter
St. Thomas Law Review
Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 30, Issue 1, Fall 2017.
Dostoevsky As Juvenile Justice Advocate And Progenitor Of Therapeutic Jurisprudence, Amy D. Ronner
Dostoevsky As Juvenile Justice Advocate And Progenitor Of Therapeutic Jurisprudence, Amy D. Ronner
St. Thomas Law Review
In this Article, I explore this fixation with childhood suffering and suggest that Dostoevsky implicitly predicted the core tenets of a relatively new legal movement, called "therapeutic jurisprudence" ("TJ"), and I broach the question of why this matters. In an effort to provide an answer, I identify Dostoevsky as an early ombudsman for therapeutic juvenile justice and link him to the voiceless "polyphonic" voices in The Brothers Karamazov and to what I denominate the poly-personae of A Writer's Diary.
Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood
Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood
St. Thomas Law Review
This Comment brings reconciliation between the majority and minority opinions in Strieff by proposing a solution that will uphold Fourth Amendment rights and public safety. Part II explores the Fourth Amendment by tracing the origins of the exclusionary rule, and then discusses the Court's first step in undermining constitutional rights in Terry v. Ohio. Part III discusses the Court's trend of weakening Fourth Amendment rights and provides an in-depth analysis of the impact its most recent Fourth Amendment ruling, Strieff will have on Blacks and lower socioeconomic citizens. Part IV provides a comprehensive solution, suggesting a warrant hierarchy system that …
The Object Of The Moral Act: Understanding St. Thomas Aquinas Through The Work Of Steven Long And Martin Rhonheimer, John Makdisi
The Object Of The Moral Act: Understanding St. Thomas Aquinas Through The Work Of Steven Long And Martin Rhonheimer, John Makdisi
Faculty Books
In the 1993 encyclical Veritatis Splendor Pope John Paul II stated that the “morality of the human act depends primarily and fundamentally on the ‘object’ rationally chosen by the deliberate will.” Since that time the interpretation of the moral object has garnered increased attention among Thomist scholars. Yet it remains a source of dispute. Two scholars who take rather opposed views on what Aquinas means by the moral object are Martin Rhonheimer and Steven Long. The purpose of this dissertation is to elucidate the account of Aquinas’s doctrine through a comparison of the interpretations of each of these scholars with …
Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead
Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead
St. Thomas Law Review
This article will progress as follows. In Part 1, I discuss both the medical profession and the legal profession's challenges in relation to effective communication with patients and clients. I suggest that the medical profession's response, specifically as it relates to delivering bad news, has been more proactive and widespread than the legal profession's response. Part 2 briefly reviews research dealing with legal clients' emotional responses to different forms of communication, with a view supporting the argument that clarity of information, empathic responses to clients' reactions, and collaborative problem-solving are important elements of a professional relationship. Part 3 introduces the …
Front Matter
St. Thomas Law Review
Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 29, Issue 2, Spring 2017.
Civility And Professionalism In The Law: The Road To Justice Symposium Dedication, Benjamin Greenberg, Gerald Greenberg
Civility And Professionalism In The Law: The Road To Justice Symposium Dedication, Benjamin Greenberg, Gerald Greenberg
St. Thomas Law Review
The Greenberg Family is delighted and honored that this edition of the St. Thomas Law Review is being published in honor of our father, Murray Greenberg. Although we thought of him as just our Dad, we know that he was beloved and deeply appreciated by generations of lawyers, law students, and others throughout South Florida for his contributions to our community and the Bar. This volume, with its emphasis on professionalism and civility in the practice of law, speaks to many of the issues that he cared about most and that he exemplified as a lawyer and a person.
Civility And Professionalism In The Law: The Road To Justice Symposium Issue
Civility And Professionalism In The Law: The Road To Justice Symposium Issue
St. Thomas Law Review
No abstract provided.
The Shell Game: An Easy Hide-And-Go-Seek Game For Criminals Around The World, Idelys Martinez
The Shell Game: An Easy Hide-And-Go-Seek Game For Criminals Around The World, Idelys Martinez
St. Thomas Law Review
This Comment explores how the laws of the United States facilitate the formation of anonymous shell corporations, how criminals take advantage of these laws, and how the United States is in dire need of a change. Part I of this Comment discussed the legitimate and illicit uses of shell corporations by weighing the interests of corporate owners and their need for shell corporations and the potential risks that shell corporations pose to the United States. Part II of this Comment outlines the legislative efforts to regulate anonymity and discusses why the current laws and proposed legislation are ineffective. Part III …
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 12 (2017).
Symposium Issue: Participants Biographies
Symposium Issue: Participants Biographies
St. Thomas Law Review
Symposium Issue: Participants Biographies
Inside Professionalism: How In-House Counsel Can Give Practical Effect To The Ethical Responsibility To Society At Large When Reviewing Items For Form And Legal Sufficiency In A Manner That Supports The Integrity Of The Representative Form Of Governance Of Public Corporations And Local Governments, R A. Cuevas, Jr.
St. Thomas Law Review
Messrs. Heineman, Jr., Lee, and Wilkins of the Center on the Legal Profession at Harvard Law School have written on the need for lawyers to recognize that, as professionals and citizens, they owe ethical responsibilities to the rule of law, society at large, and the clients and institutions they represent. This Essay identifies a situation where a routine task performed by lawyers in the legal departments of public corporations and local governments can implicate this ethical responsibility owed to society at large. The lawyers' task is the review of documents and other items relating to their clients' operations for form …
Foreword: St. Thomas Law Review Volume 20 Anniversary Issue, Alfredo Garcia
Foreword: St. Thomas Law Review Volume 20 Anniversary Issue, Alfredo Garcia
St. Thomas Law Review
No abstract provided.
Editor-In-Chief Address, Chanae L. Wood
Editor-In-Chief Address, Chanae L. Wood
St. Thomas Law Review
Welcome to the St. Thomas Law Review's Volume 30 Anniversary Issue. It is with great pride that the St. Thomas Law Review declares this historic issue as the "Voice of the Voiceless." Charged with a great task, the Articles Selection Committee' prudently and meticulously selected articles that highlight controversial topics that have been the subject of debate within the media and legal community. But it was not just controversial topics that the Committee sought. More importantly, the Committee's focus was on articles that provided a voice to unrepresented and underrepresented groups: the "voiceless." Accordingly, the articles included in this issue …
Challenging The Status Quo: An Integrated Approach To Dismantling The School-To-Prison Pipeline, Nancy G. Abudu, Ron E. Miles
Challenging The Status Quo: An Integrated Approach To Dismantling The School-To-Prison Pipeline, Nancy G. Abudu, Ron E. Miles
St. Thomas Law Review
When it comes to challenging school disciplinary policies that have an especially disparate and negative impact on students of color and students with disabilities, courts cannot be the sole or final arbiter for addressing this serious problem. Rather than acting as a discouraging force, courts routinely uphold these disruptive school disciplinary policies and end up being a major conduit in the "School-to-Prison Pipeline" (STPP). The STPP refers to the phenomenon of over-disciplining minors, which in turn results in their suspension, expulsion, and in some cases, incarceration. With limited exceptions, the cases that parents have brought on behalf of their children …
Prisoners Of The Zip Code: How Single Zip Code Rate-Making Hurts The Public Interest, Ansell Fernandez
Prisoners Of The Zip Code: How Single Zip Code Rate-Making Hurts The Public Interest, Ansell Fernandez
St. Thomas Law Review
This comment argues that using socioeconomic data to calculate auto insurance premiums within the boundaries of a single ZIP Code disproportionally increase premiums on low-income households, leading to higher rates of uninsured drivers in these communities. Furthermore, this comment discusses how this rate scheme provides a possible avenue to illegally discriminate based on race, as a direct result of historical racial segregation and recent advances in big data. Part II.A of this comment discusses the recent amendment to the insurance laws of Florida that now allows the use of a single ZIP Code to calculate auto insurance rates. Part II.B …