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Articles 1 - 19 of 19
Full-Text Articles in Law
Private Habeas, Chris Kozak
Private Habeas, Chris Kozak
Intercultural Human Rights Law Review
Half a century ago, Abraham Maslow demonstrated that conditioning a person's physical safety on their participation in some higher-order social project is sheer madness. Yet this is exactly what federal immigration law does to undocumented victims of human trafficking. To receive a visa, victims must first convince Donald Trump's immigration officials-who have a strong interest in deporting them-that they are, in fact, victims. They also must cooperate fully in the prosecution of their trafficker, a process over which they have no real control. This is not a new complaint. Advocates have been frustrated by this myopia for a long time. …
Global Water Crisis And Human Rights: A Glass Half Empty, Julian Montoya
Global Water Crisis And Human Rights: A Glass Half Empty, Julian Montoya
Intercultural Human Rights Law Review
Water is Earth's most precious resource as it holds the fate of all living things. Throughout human history, civilizations have depended on a reliable supply of freshwater. From rain-water harvesting and irrigation canals to fracking and groundwater pumping, humans have continually developed ways to control and use water resources. Whether for industry or agriculture, all aspects of human life need water. As a result, societies always faced pressure from various competing interests. Today, however, the demand for water has surpassed sustainability levels overflowing into potentially irreversible paths. Using the New Haven School of Jurisprudence, this paper aims to diagnose the …
The Second Front — Again? The Rising Tide Of Global Jihadism In East And Southeast Asia, Dr. Mark Kielsgard, Tam Hey Juan Julian
The Second Front — Again? The Rising Tide Of Global Jihadism In East And Southeast Asia, Dr. Mark Kielsgard, Tam Hey Juan Julian
Intercultural Human Rights Law Review
Mainstream scholarship abounds with assumptions that East and Southeast Asia will not constitute a second front in the international war on terrorism. These assumptions typically rely on different motivations, targets and methods employed by terrorist groups in the region as compared to Middle Eastern groups. This article argues that these assumptions are largely outdated, based on faulty conceptual models, fail to take stock of the growth and popularity of ISIS in the region and the significance of political failures of regional governments to adequately address domestic grievances. The peril has grown in recent years from localized sectarian movements and efforts …
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 13 (2018).
Slavery, Religion And Reconciliation, Bill Piatt
Slavery, Religion And Reconciliation, Bill Piatt
Intercultural Human Rights Law Review
Santa Fe is a beautiful, culturally rich and diverse city. I am a native Santa Fean, and my mixed Hispanic/Indian/Anglo/African blood reflects the ethnic makeup of the region. Each year the city celebrates a Fiesta. One component, the Entrada, celebrates the "peaceful" re-conquest of the Indigenous people by the Spanish colonizers. Controversy has arisen in recent years as activists challenge the memorialization of a tradition that they feel represents slavery and brutality. Linking their struggle to recent efforts to remove memorials to the Confederacy, they have sought to physically block the re-enactment, leading to arrests, collateral conflict, and the very …
"Lieux De Memoire" In International Law: The Rights Of National And Ethnic Minorities Related To Their Memorial, Dr. Antal Berkes
"Lieux De Memoire" In International Law: The Rights Of National And Ethnic Minorities Related To Their Memorial, Dr. Antal Berkes
Intercultural Human Rights Law Review
The term "lieux de mimoire" or sites of memory, as the historian Pierre Nora formulated it, expresses "the problem of the embodiment of memory in certain sites where a sense of historical continuity persists. "Contrary to history which is the reconstruction of the past, memory is the perpetual "transmission and conservation of collectively remembered values" by ethnic minorities, families or groups. It binds a concrete group to which it is specific, thus it is "by nature multiple and yet specific; collective, plural, and yet individual." Memory "takes root in the concrete, in spaces, gestures, images, and objects", and "lieux de …
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
St. Thomas Law Review
The supreme law of the land states: ". . .the right of the people to keep and bear arms shall not be infringed." The Supreme Court has found that the right to bear arms for self-defense is protected by the Constitution. Most states have expanded on this right and allow individuals to carry concealed weapons as long as they become licensed by the state. However, this right to carry concealed weapons is surely subject to limitations.' In the state of Florida, concealed weapon permit holders are prohibited from carrying on college or university campuses. This restriction is not beneficial to …
Front Matter
St. Thomas Law Review
Front Matter includes the Table of Contents for St. Thomas Law Review Volume 30, Issue 2, Spring 2018.
Florida's Controlling Summary Judgment Rule 1.510(C) Contrasted With The Common Law-Created Rule Grounded On Two Conflicted Federal Cases, H Michael Muñiz
Florida's Controlling Summary Judgment Rule 1.510(C) Contrasted With The Common Law-Created Rule Grounded On Two Conflicted Federal Cases, H Michael Muñiz
St. Thomas Law Review
Florida litigators, who are familiar with the Florida Rules of Civil Procedure, should not be surprised that the prescribed, controlling procedural rule to be followed as well as for a Florida state trial court to adjudicate a motion for summary judgment ("MSJ") is presumptively set forth within Rule 1.510 of the modem-day Florida Rules of Civil Procedure. The current rule expressly provides, in material part, "the judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled …
Preventing Cultural Heritage Destruction And Responsibility To Protect, Erin Collins
Preventing Cultural Heritage Destruction And Responsibility To Protect, Erin Collins
Intercultural Human Rights Law Review
Over the past two decades the international community has witnessed the unlawful destruction of cultural heritage. In response, the United Nations General Assembly has stated that it was appalled by the destruction of sites such as the Buddhas of Bamiyan, concerned by the attack and the looting of the Iraqi Museum, and it even unequivocally condemned' the increasing frequency of horrifying terrorist attacks undertaken by the Islamic State. Despite the United Nations General Assembly continually expressing its outrage after each incident, it was not until recently that the International Criminal Court ("ICC") took steps to hold those responsible for cultural …
Delineating Defects: A Primer On Florida Product Liability Law (2017), Armando G. Hernandez
Delineating Defects: A Primer On Florida Product Liability Law (2017), Armando G. Hernandez
St. Thomas Law Review
This Article also aims to achieve the long-term goal of serving as an easy-to-use, comprehensive, and pragmatic compendium on Florida product liability law going forward for lawyers, judges, law students, engineers, industry insiders, etc. Part II of this Article explores the state of Florida product liability law decided in 2017 on both the state and federal court levels in the seminal areas of design defect, manufacturing defect, and/or failure to warn.1 4 Part III of this Article outlines trends and developments in the ancillary areas of procedural law, evidence, and jury instructions, among others." Part IV of this Article outlines …
Security, Law & Public Policy - Assessing The Efficacy Of A National Security Vs. Law Enforcement Model To Combat Terrorism, Marvin L. Astrada
Security, Law & Public Policy - Assessing The Efficacy Of A National Security Vs. Law Enforcement Model To Combat Terrorism, Marvin L. Astrada
St. Thomas Law Review
The relationship between security, law, and public policy, generally speaking, is one fraught with tension. This is the case, in part, because security has the potential for limitless application. During the campaign and since taking office, candidate (and later President) Trump clearly espoused an emphasis on security in order to "Make America Great Again." Securitization measures from a political, economic, sociocultural, and foreign policy perspective were key pillars of President Trump's campaign and have informed Executive policy-making since Trump assumed office. In the present highly contentious political environment, wherein the Executive has vigorously articulated and pursued an expansive sociopolitical and …
Driven To Distracted Driving In Florida, Becky Saka
Driven To Distracted Driving In Florida, Becky Saka
St. Thomas Law Review
This Comment examines the roadblocks that are stopping Florida from having an effective enforcement of Florida's texting while driving ban." Part II discusses the meaning and dangers of distracted driving. This part also focuses on Florida's legislative response to texting while driving by examining the current cellphone legislation in Florida. Part III specifically addresses why Florida's statute falls short from deterring Florida drivers from distracted driving. In addition, this part addresses why Florida has been resistant to proposed legislation to change Florida's current law. Finally, Part IV proposes amendments to Florida's law that will best allow Florida to deter drivers …
Protecting Florida's Marine Life With Conservation Drones, Daniel Grammes
Protecting Florida's Marine Life With Conservation Drones, Daniel Grammes
St. Thomas Law Review
This comment analyzes drones under current Fourth Amendment jurisprudence and focuses on the issues contributing to unsustainable fisheries in Florida. Part II explains the basic concept of drones and discusses privacy issues through the Fourth Amendment as well as Florida marine patrol statutes that are relevant to an analysis of drone technology. Part III highlights that Florida's fisheries are at an unsustainable level because there are not enough Florida marine patrol officers and the simplicity of disposing illegally harvested wildlife into the ocean. Part IV suggests that Florida adopt legislation authorizing a drone enforcement program for marine patrol. Part V …
Battle Of The Bayou: Placing A Receiver In The Right Position During A Bankruptcy Proceeding, Antonio M. Dinizo Jr.
Battle Of The Bayou: Placing A Receiver In The Right Position During A Bankruptcy Proceeding, Antonio M. Dinizo Jr.
St. Thomas Law Review
Investment Manager, Sam Israel, launched the Bayou Group LLC, a hedge fund, hoping to produce large returns for high net worth investors. After months of losses, it became clear to Israel that Bayou would never garner the types of returns he had promised investors. Instead of altering strategies or closing Bayou, Israel decided to convert Bayou into a Ponzi scheme. When Ponzi schemes fail, they present unique challenges for courts, regulators, creditors, and interested parties. One choice stakeholders will have to make is whether to appoint a receiver to marshal assets and seek a recovery for defrauded investors and creditors, …
Front Matter
St. Thomas Law Review
Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 31, Issue 1, Fall 2022.
The Feel Of A Case: Virtue Decision-Making As The Correct Approach For Deciding Cases In Equity, Diego M. Pestana
The Feel Of A Case: Virtue Decision-Making As The Correct Approach For Deciding Cases In Equity, Diego M. Pestana
St. Thomas Law Review
Section I of this Article will provide a brief history of Law and Economics, beginning with its origins in the judicial philosophy of legal realism as espoused by Oliver Wendell Holmes. Section II will discuss the American Hospital case, where Judge Posner memorialized the Leubsdorf- Posner Formulation for granting preliminary injunctions. Section III examines the effect of American Hospital on the lower courts in the Seventh Circuit. Section IV will discuss how the Supreme Court has dealt with preliminary injunctions as well as the factors the Court provided district courts to consider. Section V will describe Professor Solum's idea of …
Lethal Injection Or Lethal Litigation: Florida's Amended Lethal Injection Protocol Opens The Door For Cries Of Cruel And Unusual Punishment, Cynthia Ventura
Lethal Injection Or Lethal Litigation: Florida's Amended Lethal Injection Protocol Opens The Door For Cries Of Cruel And Unusual Punishment, Cynthia Ventura
St. Thomas Law Review
In Florida, lethal injection has been the primary method of execution since the 1990s. The Florida Department of Corrections recently amended its protocol by replacing all three drugs previously used. The first administered lethal dose is now etomidate, an anesthetic that has never been used in the United States as a lethal injection drug. This Comment discusses the lack of empirical research available to support the state of Florida's use of etomidate as an appropriate method of rendering a prisoner unconscious prior to administering the second and third injections. First, this Comment will provide a brief background of the history …
Falcon V. State: Should The Florida Supreme Court Have Opened The Door For Sentencing Review Of Juveniles Sentenced To Life In Prison For Murder?, Jamie L. Wilson
Falcon V. State: Should The Florida Supreme Court Have Opened The Door For Sentencing Review Of Juveniles Sentenced To Life In Prison For Murder?, Jamie L. Wilson
St. Thomas Law Review
This Comment addresses the implications on victim's families and society regarding the resentencing and future sentencing of juveniles who have been convicted of murder. Specifically, this Comment will focus on the factors judges are required to consider before a life sentence is imposed, while proposing a solution to balance the factors in order to ensure victim's rights are not overlooked. Part II explores the required juvenile sentencing factors mandated by the United States Supreme Court in Miller, and further explores Florida's response as evidenced in Falcon, Atwell v. State, and Landrum v. State. Part II further discusses Florida's previous statutory …