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Full-Text Articles in Law

Racial Migrations, Tucker Culbertson Jan 2008

Racial Migrations, Tucker Culbertson

St. Thomas Law Review

The following three articles by Dominique Legros, Robert Koulish, and Cesar Cuauhtémoc Garcia Hernández concern laws, politics, and philosophies involving transnational migration. Individually and in sum, these articles productively engage with the radical multidimensionality of both racial identity and racial governance. In this introduction, I will briefly describe the articles and offer very few comments thereon, most of which emphasize what I believe to be the articles most important cumulative contribution regarding the complexity and centrality of race within forces and discourses of citizenship, territory, sovereignty, and nationality. Hence, the title of this introduction, which is intended to suggest both …


Foreword Latcrit Xii - The Critical Locality And The Processes Of Community, Charles R.P. Pouncy Jan 2008

Foreword Latcrit Xii - The Critical Locality And The Processes Of Community, Charles R.P. Pouncy

St. Thomas Law Review

The foreword to each annual LatCrit Conference Symposium is a document that generally attempts to situate the current Symposium within the parameters of LatCrit and outsider jurisprudence discourse. In addition to examining the role that the current Symposium plays in the elaboration of LatCrit theory and praxis, part of the task of the foreword calls for reflection on the evolution of the LatCrit project and its future development. This foreword will examine the relationship of the Symposium contributions to the themes of LatCrit XII and to the perennial issues that LatCrit conferences and theory attempt to engage. This foreword, however, …


Of Inferior Stock: The Two-Pronged Repression Of Radical Immigrant Birth Control Advocates At The Turn-Of-The Twentieth Century, Cesar Cuahtemoc Garcia Hernandez Jan 2008

Of Inferior Stock: The Two-Pronged Repression Of Radical Immigrant Birth Control Advocates At The Turn-Of-The Twentieth Century, Cesar Cuahtemoc Garcia Hernandez

St. Thomas Law Review

This article addresses law's coercive function to quash birth control advocacy at the turn-of-the-twentieth century. Part II addresses the development of anti-obscenity legislation, especially at the federal level, to slow quelling support for birth control availability and usage. In particular, the article addresses the trend during the late 1800s in which the states and federal government prohibited sending birth control information or products through the mail. This section also explores the significant harassment, and both actual and threatened prosecution of birth control advocates that resulted from criminal prohibitions. Part III surveys the rampant nativism that swept policymaking circles during this …


Empowering People With The Right To Acquire Capital With The Earning Of Capital: A Binary Approach To The Economic Empowerment Of Subordinated People, Robert Ashford Jan 2008

Empowering People With The Right To Acquire Capital With The Earning Of Capital: A Binary Approach To The Economic Empowerment Of Subordinated People, Robert Ashford

St. Thomas Law Review

Based on "binary economics" this essay suggests that one overlooked way to empower economically subordinated people in a market economy is to universalize the right to acquire capital with the earnings of capital. This right is rarely specifically identified or discussed in law schools. Although ostensibly open to all people, as a practical matter the right to aquire with the earnings of capital is presently concentrated primarily in less than 5% of the population.' The concentration of the right to acquire capital with the earnings of capital helps to explain why poor people remain subordinated. Foundationally distinct from classical, neoclassical, …


Puerto Rico As A Critical Locality: Is A Post-Colonial Puerto Rico Possible - A Game-Theoretic Analysis Of The Impasses Over Puerto Rico's Status, F.E. Guerra Pujol Jan 2008

Puerto Rico As A Critical Locality: Is A Post-Colonial Puerto Rico Possible - A Game-Theoretic Analysis Of The Impasses Over Puerto Rico's Status, F.E. Guerra Pujol

St. Thomas Law Review

The author applies the game-theoretic concept of the truel (or three-person duel) to the Puerto Rico status debate. In summary, the debate over Puerto Rico's future political status resembles a three-person, sequential, random-order truel in which no single player is able to eliminate the other two players. In addition, the author applies some concepts from evolutionary biology (path dependence) and behavioral economics (loss aversion) to explain the current impasse over Puerto Rico's status. Finally, the author examines recent strategic behavior in the U.S. Congress over Puerto Rican status.


Moving On Up: Different Faces Of Upward Mobility In An Interracial Couple, Katharine J. Hahn Jan 2008

Moving On Up: Different Faces Of Upward Mobility In An Interracial Couple, Katharine J. Hahn

St. Thomas Law Review

I grew up working-class, aware of the difference between me and those with money. Now, as I finish my doctorate in counseling psychology and begin life with my husband Reggie Oh ("Reggie"), a law professor, I find myself with money. Reggie grew up differently, coming to the United States from South Korea when he was five years old. He was expected to be upwardly mobile. I was not. As a white American woman, I have interpreted some of his habits as middle-class or upper middle-class. He protests that it is not always about class but can be about culture. In …


Farmer Operations Of Color And Food Based Coalitions, Guadalupe T. Luna Jan 2008

Farmer Operations Of Color And Food Based Coalitions, Guadalupe T. Luna

St. Thomas Law Review

Legal theorists are engaging and pursuing alternative visions directed towards building coalitions between communities of color. We are told that "coalitions are necessary in order to fully understand and attack racial hierarchy and white supremacy in the United States." This essay explores the concept of coalition building and examines whether it would be a possible method for preserving and protecting communities of color. A remarkable, heinous agricultural history has thwarted the traditional land use practices of communities of color, who have also been subject to rural subordination by widespread white supremacy. Physical manifestations of rural racial superiority curtailed the operations …


Religious Reparations From The Trans-Atlantic Slave Trade: Forming Demons, Cults, And Zombies To Justify Black Enslavement, Danielle Boaz Jan 2008

Religious Reparations From The Trans-Atlantic Slave Trade: Forming Demons, Cults, And Zombies To Justify Black Enslavement, Danielle Boaz

St. Thomas Law Review

When religion is discussed in a legal setting, the topic is typically an examination of whether a law is either dealing with religions equally or staying out of religious affairs. The Western world has concerned itself with issues such as prayer in school, references to God on currency, religious attire in classrooms, and biblical texts in courthouses. These problems deal with the negative obligations of a state to not impose a religion on its people. The examination found in this article, however, will consider religious freedom from a different perspective. It will analyze freedom of religion in terms of the …


Cultural, Ethnic, And Religious Fragmentation, Guadalupe T. Luna Jan 2008

Cultural, Ethnic, And Religious Fragmentation, Guadalupe T. Luna

St. Thomas Law Review

This stream of contemplation centers around a realm of diverse and stimulating essays with themes ranging from religious persecution to an equally appreciated discussion on the nexus between food and international trade agreements. The essays draw from the Latino and Latina Stories, History, Law, Race, and Religion Panels. Further, presentations stem from the Coalition Building Panels in which the Global and Local Panels scrutinize Indigenous communities' confrontations with racial superiority problems that are veiled under the guise of an educational model. Reflecting a fundamental priority to engage the locus of Conference sites, this Cluster encompasses international human rights constructions from …


Haiti Is Black! Racial Essentialism And United States Involvement In The 2004 Removal Of President Aristide, Jordan E. Dollar Jan 2008

Haiti Is Black! Racial Essentialism And United States Involvement In The 2004 Removal Of President Aristide, Jordan E. Dollar

St. Thomas Law Review

Through this paper I seek to interrogate the United States' policy toward Haiti as one based on racial essentialism. This paper will track the historical evolution of racial essentialism towards Haiti by the United States and the culmination of this essentialism through the removal of populist president Jean-Bertrand Aristide. I will show the common theme in U.S. policy towards Haiti, beginning with the successful slave rebellion in 1804, and ending with the 2004 removal of Aristide; the suppression of popular movements in Haiti based on racial essentialism. I also will attempt to provide an analysis of key actions taken by …


Law, Food, And Culture: Mexican Corn's National Identity Cooked In "Tortilla Discourses" Post-Tlc/Nafta, Ernesto Hernandez-Lopez Jan 2008

Law, Food, And Culture: Mexican Corn's National Identity Cooked In "Tortilla Discourses" Post-Tlc/Nafta, Ernesto Hernandez-Lopez

St. Thomas Law Review

With this essay, I will briefly introduce an inquiry concerning food and national cultural identity as expressed in the law. I will examine current changes in the Mexican state's public legal obligations, i.e., the law, and the production and consumption of corn, i.e., maize or maiz. These changes suggest that law, food, and culture are mutually influential in their production and consumption. The specific law examined is Mexico's corn tariff regime altered by the Tratado de Libre Comercio de America de Norte/North American Free Trade Agreement ("TLC/NAFTA"), which in the year 2008 eliminates all tariffs for corn imports from the …


Front Matter Jan 2008

Front Matter

St. Thomas Law Review

Front Matter includes the Table of Contents for St. Thomas Law Review Volume 21, Issue 1, Fall 2008.


Wither The Jury Trial, Stanley Marcus Jan 2008

Wither The Jury Trial, Stanley Marcus

St. Thomas Law Review

This speech was presented on March 13, 2008, in Hollywood, Florida, as part of the National Conference of Law Reviews.


Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli Jan 2008

Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli

Northwestern Journal of Law & Social Policy

This is a brief introduction to the symposium issue. The goal of this symposium issue is to decrease the significant knowledge gaps about the actual educational attainment of undocumented children after the Court's decision in . The research presented in this issue suggest that while children are integrated into public schools, changes in the law and social policies are needed in order to fulfill s promise to ensure the ability of innocent children to have the opportunity to contribute to American society.


Challenging Disparities In Special Education: Moving Parents From Disempowered Team Members To Ardent Advocates, Margaret M. Wakelin Jan 2008

Challenging Disparities In Special Education: Moving Parents From Disempowered Team Members To Ardent Advocates, Margaret M. Wakelin

Northwestern Journal of Law & Social Policy

No abstract provided.


Evaluating The Chicago Brownfields Initiative: The Effects Of City-Initiated Brownfield Redevelopment On Surrounding Communities, Jessica Higgins Jan 2008

Evaluating The Chicago Brownfields Initiative: The Effects Of City-Initiated Brownfield Redevelopment On Surrounding Communities, Jessica Higgins

Northwestern Journal of Law & Social Policy

This article examines the Chicago Brownfields Initiative and its effect on the communities in which brownfield redevelopment has already occurred. After examining the many federal, state, and local brownfields programs, it critically examines both the successes and concerns of the Chicago Brownfields Initiative. The successes include job creation and retention, residential redevelopment, improvements to quality of life, services and amenities provided, encouragement of additional investment, increased tax revenues for local governments, and increased environmental health and safety. The concerns include whether the jobs generated benefit the members of the brownfield communities, whether the new services and improvements benefit members of …


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2008

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2008

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Negligent Hiring And Criminal Rehabilitation: Employing Ex-Convicts, Yet Avoiding Liability, Timothy L. Creed Jan 2008

Negligent Hiring And Criminal Rehabilitation: Employing Ex-Convicts, Yet Avoiding Liability, Timothy L. Creed

St. Thomas Law Review

This article will argue that the proper way to balance the competing public policies of protecting victims from workplace harm and of reintegrating ex-convicts is for states to make it clear to employers when they will be liable for negligent hiring and when they can hire ex-convicts and avoid liability. States can accomplish this in at least two ways. First, states should adopt uniform and clear requirements for negligent hiring while retaining employers' discretion to refuse ex-convicts employment based solely on their status as ex-convicts. Second, all states should fashion legislation with similar requirements. For example, courts should hold employers …


Blackwater And The Privatization Of Immigration Control, Robert Koulish Jan 2008

Blackwater And The Privatization Of Immigration Control, Robert Koulish

St. Thomas Law Review

In this article, I examine the significance of Blackwater's move to the border and its recent post 9/11 involvement in immigration control. I argue that Blackwater is symbolic of a much larger immigration industrial complex, privatizing decades of border militarization and low intensity conflict that, as author Tim Dunn has documented, has been waged against border crossers and residents since the 1970s. I also argue that Blackwater is part of a post-9/11 neo-liberal regime that is designed to re-territorialize and privatize the war on terror on the domestic front. Finally, I contend that the immigration industrial complex, with Blackwater quickly …


0.45% Cosmopolitan, Dominique Legros Jan 2008

0.45% Cosmopolitan, Dominique Legros

St. Thomas Law Review

Miami is the most cosmopolitan city in the world. In 2000, 74.6% of its population spoke a language other than English at home and 59.5% were foreign born. Today, this percentage may be even higher. After a short exhilarating visit, one feels like celebrating cosmopolitanism; joining in the ongoing viva for more extended world migration; hybridization into one world culture; greater universal democracy; and last but not least, some form of world citizenship with attendant legal rights. At the risk of being an ungrateful guest, this article will put a damper on all such hurrahs. Pressing for cosmopolitans' identities to …


Pareto Negativity: The Enemy Of My Enemy Is Not Necessarily My Friend - Latin Leadership, Coalition Building, And Predatory Globalization, Becky L. Jacobs Jan 2008

Pareto Negativity: The Enemy Of My Enemy Is Not Necessarily My Friend - Latin Leadership, Coalition Building, And Predatory Globalization, Becky L. Jacobs

St. Thomas Law Review

This Essay is based on my presentation at the LatCrit VII conference, which was part of a panel discussion on Coalition Building, Globally and Locally. The purpose of the presentation and of this Essay is to reflect upon the significant role of Latin civil society organizations ("CSOs"), not only in that region's political, social and economic development of other regions, but also in the historical trajectory of the U.S. As I prepared my remarks and noted the achievements of Latin CSOs, I began to question why there are so few Latino and Latina leaders in transnational CSOs and in the …


Defending The Rule Of Law, Catherine Crier Jan 2008

Defending The Rule Of Law, Catherine Crier

St. Thomas Law Review

This speech was presented on March 15, 2008, at the National Conference of Law Reviews in Miami, Florida.


Drastic Action: The 1983 Course Boycott At Harvard Law School, Brando Simeo Starkey Jan 2008

Drastic Action: The 1983 Course Boycott At Harvard Law School, Brando Simeo Starkey

St. Thomas Law Review

Progress often comes slower than most want. No one knows this better than black Americans. After slavery, it took another century for blacks to finally receive equal treatment under the law with the Civil Rights Act of 1964 and the Voting Rights Act of 1965. But after the big hopes following the Civil Rights Movement, the lack of progress hurt all the more. Most blacks assumed that with the dismantling of Jim Crow, equality would surely follow. This, however, was not the case. By the 1980s, few blacks still reached the pinnacle of success. The black students at Harvard were …


Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks Jan 2008

Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks

Northwestern Journal of Technology and Intellectual Property

Attorneys increasingly are confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this evolving area of the law, especially in light of concerns regarding e-discovery and a lack of judicial interpretation of applicable statutes. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client who has suffered a data-security breach.


Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia Jan 2008

Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz Jan 2008

Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev Jan 2008

Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan Jan 2008

Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel Jan 2008

Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel

Northwestern Journal of Technology and Intellectual Property

No abstract provided.