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Articles 31 - 60 of 302
Full-Text Articles in 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.
The Power Of The Dissent And Writing The Future Of Justice: Maat, Aristotle's Rhetoric, And Justice Ginsburg's Dissent In Kentucky V. King, Livan Davidson
The Power Of The Dissent And Writing The Future Of Justice: Maat, Aristotle's Rhetoric, And Justice Ginsburg's Dissent In Kentucky V. King, Livan Davidson
Intercultural Human Rights Law Review
This article explains why Ginsburg's dissent in King is rhetorically superior to the majority opinion. It evaluates, by way of comparing and contrasting, the persuasiveness of the dissent and majority opinions in King. This article examines the opinion through the lens of Aristotle's rhetorical model and the ancient tenet of Maat. It analyzes Ginsburg and Justice Alito's (Alito) use of rhetorical devices that appeal to persuasion, including logos (appeal to logic), ethos (appeal to credibility), pathos (appeal to emotions), and Maat (rightness in the world). This article concludes that Ginsburg's use of rhetoric has a superior appeal to fairness and …
Front Matter
St. Thomas Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 34, Issue 1, Fall 2021.
The Nil Game Plan: How The Florida Legislature Can Become Student-Athletes' "Ambassador Of Quan", Alexa Rae Martinez
The Nil Game Plan: How The Florida Legislature Can Become Student-Athletes' "Ambassador Of Quan", Alexa Rae Martinez
St. Thomas Law Review
The movie Jerry Maguire follows a successful sports agent who questions the morals of his work, which leads to him being stripped of his contribution at his firm and being left with one client. Throughout the movie, Maguire struggles to build his clientele while pursuing the best interests of his only client, Rod Tidwell. Somewhere along the way, Tidwell uses the word “Quan” and leaves Maguire perplexed; “Quan? That’s your word?” Tidwell replies: “Yeah, that’s my word. You know some dudes might have the coin. But they’ll never have the Quan.” “Wha…what is that?” Maguire asks, still clearly confused. Tidwell …
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 …
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 …
Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez
Employment Classification And Human Dignity In The Gig Economy, Bridget Nicole Gonzalez
St. Thomas Law Review
What drives a business? Most simply put, profit. But to what end? Employment classification has a significant impact on a business’s profit. The two most common worker classifications recognized globally are the independent contractor and the employee. This classification determines whether the individual receives access to pay, qualifies for benefits, and gains protection from discrimination. All these factors come at a cost to an employer and result in a cut in their overall profit. In the twentieth century, employment classification has been subject to heavy litigation in a particular field: the gig economy. The gig economy, which primarily grew in …
Let's Make Some "Scents" Of Our Fourth Amendment Rights: The Discriminatory Truths Behind Using The Mere Smell Of Burnt Marijuana As Probable Cause To Search A Vehicle, Alessandra Dumenigo
Let's Make Some "Scents" Of Our Fourth Amendment Rights: The Discriminatory Truths Behind Using The Mere Smell Of Burnt Marijuana As Probable Cause To Search A Vehicle, Alessandra Dumenigo
St. Thomas Law Review
This Comment addresses the negative effects that have resulted and will continue to result if police officers are encouraged by jurisprudence to conduct a warrantless search of an entire vehicle based on the smell of burnt marijuana. Warrantless searches of an entire vehicle based merely on the smell of burnt marijuana grant officers unlimited power that will likely result in police misconduct, an increase in racially profiled traffic stops, and a distrust between police officers and the Black community amid the nationwide outrage over the death of George Floyd. Part II of this Comment discusses the history of the Fourth …
Front Matter
St. Thomas Law Review
Front Matter includes Table of Contents for St. Thomas Law Review Volume 33, Issue 2, Spring 2021.
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.
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 …
28 Usc § 1782 In Aid Of Foreign Arbitration: "A Tribunal By Any Other Name", Attilio M. Costabel
28 Usc § 1782 In Aid Of Foreign Arbitration: "A Tribunal By Any Other Name", Attilio M. Costabel
St. Thomas Law Review
No abstract provided.
Future Disabilities And Employment Discrimination Law, Amanda Valero
Future Disabilities And Employment Discrimination Law, Amanda Valero
St. Thomas Law Review
This Article will first discuss the purpose of the ADA, the importance of the 2008 ADA Amendments, and how recent decisions will once again deny protections to individuals who are “regarded as” disabled. Part II describes the evolution of disability law in the form of the Rehabilitation Act, the ADA (Title I – Employment), and its amendments. Part III analyzes the “regarded as” prong of the ADA, the Sutton case which narrowly construed the protections afforded by the ADA, how the Sutton decision negatively impacted individuals discriminated against on the basis of a “disability,” and how the 2008 ADA amendments …
Children, Chocolate, And Profits: A Policy-Oriented Analysis Of Child Labor And The Chocolate Industry Giants, Ann W. Deam
Children, Chocolate, And Profits: A Policy-Oriented Analysis Of Child Labor And The Chocolate Industry Giants, Ann W. Deam
Intercultural Human Rights Law Review
In 2001, the chocolate industry adopted the Harkin-Engel Protocol, also referred to as the Chocolate Industry Protocol, in which it "publicly acknowledged the problem of forced child labor" with a promise to "commit significant resources to address it" and ensure that "cocoa beans and their derivative products have been grown and/or processed without any of the worst forms of child labor." The noble goals set forth in this voluntary, self-regulating agreement were to be attained by 2005. Twenty years have passed since the signing of the Chocolate Industry Protocol (CIP). The purpose of this paper is to determine the effectiveness …
Fundamental Labour Standards And Corporate Sustainability: An Analysis Of The Regulatory Framework Of Core Workers' Rights And Its Integration In Contemporary International Business, S J. Rombouts, A J.F Lafarre
Fundamental Labour Standards And Corporate Sustainability: An Analysis Of The Regulatory Framework Of Core Workers' Rights And Its Integration In Contemporary International Business, S J. Rombouts, A J.F Lafarre
Intercultural Human Rights Law Review
The core of international protection of workers' rights is made up of the Fundamental Labour Standards that were developed in the framework of the International Labour Organization (ILO). These standards, included in the eight fundamental conventions of the ILO are part of public international law, but are also incorporated into a large number of other - public, private, binding and voluntary - instruments that regulate international corporate behavior and form the basis for worker protection in international corporate social responsibility mechanisms. Fundamental Labour Standards (FLS) aim to secure respect for the prohibition of child labour, the prohibition of forced labour, …
Cultural, Morality, And The Law: The Treatment Of Homosexuals In Jamaica, Donovan Mcfarlane
Cultural, Morality, And The Law: The Treatment Of Homosexuals In Jamaica, 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.
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 15 (2020).
Arresting The Nigerian Herders-Farmers Conflict: The Unconstitutionality Of The Ruga Policy, Jude Ezeanokwasa
Arresting The Nigerian Herders-Farmers Conflict: The Unconstitutionality Of The Ruga Policy, Jude Ezeanokwasa
Intercultural Human Rights Law Review
The Ruga policy which the Federal Government claims to be aimed at ending the herders-farmers conflict that has claimed thousands of lives and rendered thousands internally displaced is perceived in most segments of the Nigeria society as a policy that would exacerbate rather than end the conflict. It seeks to establish in the States of the Federation settlements for Fulani herders who are usually illegally armed with guns as against unarmed local farmers. Due to stiff opposition from mostly non-Fulani ethnic nationalities Government suspended the policy. Since the policy is only suspended and not jettisoned, it is possible that government …
Abortion In The United States: A Cry For Human Dignity, James J. Zumpano, Jr.
Abortion In The United States: A Cry For Human Dignity, James J. Zumpano, Jr.
Intercultural Human Rights Law Review
In recent years, the debate surrounding abortion has taken flight. It has been one of the most discussed and most controversial topics in the history of the United States as well as around the world. This article undertakes a critical analysis of whether mothers in the United States should maintain their exclusive privacy right to choose to terminate a pregnancy or whether unborn babies also have substantive due process rights, in particular a right to life. The gestational process of human development as well as pregnancy from the mother's perspective shall first be addressed. The various types of abortion procedures, …
Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini
Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini
Intercultural Human Rights Law Review
Since the XIXth Century, implied (unenumerated) rights have been widely recognized by the courts of several countries with the purpose of addressing the shortcomings existing in national constitutions with respect to the protection of the fundamental rights and freedoms of the human person. In the last decades, such a trend has been emulated by international human rights treaty bodies and regional courts, which use implied human rights to fill the gaps existing in human rights instruments. This practice increases the level of protection afforded to individuals and communities, achieving the goal of guaranteeing effectiveness of human rights.
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 …
Front Matter
St. Thomas Law Review
Front Matter includes Table of Contents for St. Thomas Law Review Volume 32, Issue 2, Spring 2020.
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 …
Transnational Punitive And Compensatory Damages: Villains Or Role Models?, Attilio M. Costabel
Transnational Punitive And Compensatory Damages: Villains Or Role Models?, Attilio M. Costabel
St. Thomas Law Review
This Article concludes that the purpose and the scale of the American punitive damages and compensatory damages alike should not be disparaged as excesses of a society spoiled by exaggerated wealth; instead, they should be seen as a model for valuing the universal integrity of human life, while not depending on technicalities of international forum shopping.
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 …
New Regulations, New Understandings: Taking Advantage Of The Section 199a Deduction With Restricted Imposed By Section 643(F), Victor Gabuardi
New Regulations, New Understandings: Taking Advantage Of The Section 199a Deduction With Restricted Imposed By Section 643(F), Victor Gabuardi
St. Thomas Law Review
This Article explores the intricacies and benefits of the Section 199A deduction and a general description of the final regulations. Part II of this Article discusses the Section 199A deduction, the technicalities, and operational component of the same. Part III of this Article discusses how individuals and relevant passthrough entities (“RPE”) have the ability to aggregate similar businesses they own to either qualify or even maximize on their Section 199A deduction. Part IV of this Article discusses the Section 199A calculation for RPEs and trusts, including the difference for trusts in calculating the Section 199A deduction before and after the …
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 …
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 …
Front Matter
St. Thomas Law Review
Front Matter includes Title Page, Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 33, Issue 1, Fall 2020.
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 …