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Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 9, Issue 3, Spring 1997.

Limitations Of The Adversary Approach In Our Criminal Justice System, Harry Lee Anstead

St. Thomas Law Review

If there is one thing that I would like for you to remember from my remarks today, it is the limitations of the adversary system. I would like you to keep that phrase in mind, and if you carry anything away at all to think about, let it be the limitations of the adversary system that we have in the United States.

Indigent Contemnors Beware: In Florida, You May Be Incarcerated Without Being Appointed Counsel, Neal G. Bourda

St. Thomas Law Review

The proposition espoused in this comment is applicable to any civil contempt action where the contemnor is indigent. However, this comment principally focuses on Florida's laws regarding an indigent parent's right to court-appointed counsel for failure to pay child support. While Florida has a court procedure allowing the indigent parent to explain why he is in contempt, the proceeding does not include the right to counsel if he is indigent, although the possibility of incarceration is ever present. In this context, Florida should adopt a policy that abolishes the civil/criminal contempt distinction. Furthermore, Florida should adopt a bold policy of …

Protecting The Privilege In The Corporate Setting: Conducting And Defending Internal Corporate Investigations, Benedict P. Kuehne

St. Thomas Law Review

This article presents a general overview of corporate criminal liability, identifies the factors which must be examined in determining whether to conduct an internal investigation, and sets out the tools to be used by counsel in making the corporate internal investigation as privileged, meaningful, and successful as possible. It is the goal of this article to provide practitioners with the necessary tools to protect the confidentiality of a corporation's internal investigations.

Welcome, Joseph B. Farina

St. Thomas Law Review

No abstract provided.

Introduction, Siegfried Wiessner

St. Thomas Law Review

No abstract provided.

Wounded Knee Revisited: The Personal Reflections Of A Defense Attorney Upon A Water-Shed Life Experience, Albert J. Krieger

St. Thomas Law Review

The following is a portion of a speech delivered by Mr. Krieger at the Annual Colorado Bar Association Convention in September of 1996, in which Mr. Krieger spoke of his representation of those accused in the Wounded Knee Trial.

The Legal Adventures Of Fortunate Eagle: The Activist Formerly Known As Adam Nordwall, Adam Fortunate Eagle

St. Thomas Law Review

No abstract provided.

Tribal Chair's Perspective On Inherent Sovereignty, Billy Evans Horse, Luke E. Lassiter

St. Thomas Law Review

No abstract provided.

Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu

Case Western Reserve Journal of International Law

No abstract provided.

Low-Intensity Conflict And The Law, L. C. Green

ILSA Journal of International & Comparative Law

The term low-intensity conflict is relatively new in military and political language and is employed more or less synonymously with noninternational conflict, especially when such a conflict becomes of international concern.

Prisoners In The Federal Courts, Lurana S. Snow

St. Thomas Law Review

No abstract provided.

Bankruptcy Alchemy: Conversion Of Nothing To Golden Opportunity, A. Jay Cristol, Alexander Sarmiento Walden

St. Thomas Law Review

The United States Constitution empowered Congress to establish uniform bankruptcy law throughout the land. Instead, Congress allowed states to opt out of federal exemptions and permitted state law exemptions to be used. Consequently, a person residing in a debtor's haven such as Florida or Texas, may seek a fresh start with a hundred million dollars or more in exempt property. Meanwhile, other debtors who happen to reside in states which are not a debtor's Garden of Eden begin their fresh start with only five thousand dollars. This structure is grossly unfair and leads to the inequitable proposition that indeed, there …

Property Disputes And Religious Schisms: Who Is The Church?, John E. Fennelly

St. Thomas Law Review

No abstract provided.

Seniority Systems And The Americans With Disabilities Act: The Fate Of Reasonable Accommodation After Eckles, William J. Mcdevitt

St. Thomas Law Review

Frequently, in addition to intended effects, new legislation has an unintended impact on existing statutory or judge-made law. Most of the consequences of new laws are anticipated by the legislators, but invariably, some of the effects are unforeseeable. Occasionally, legislators deliberately leave ambiguities and conflicts to the courts for resolution. This is precisely the scenario that was expected by those who have followed the Americans with Disabilities Act (ADA or "the Act") over the past several years. Specifically, there has been a continuing controversy as to the extent of an employer's obligation to accommodate a disabled employee who works under …

The Lawfulness Of Humanitarian Intervention, Michael J. Reppas

St. Thomas Law Review

This article addresses the conflicting claims of territorial sovereignty and humanitarian intervention, analyzes how these claims have been resolved in the past, and predicts how current trends in resolution will affect the global common interest. Part II discusses, in detail, the conflicting theories of territorial sovereignty and humanitarian intervention. Part III analyzes the trends in decision-making and the conditioning factors since the end of the Second World War that have motivated the United Nations to establish international law and a specific protocol for when humanitarian intervention is justified. Part IV analyzes the history between the United States and the former …

Introduction, Anthony C. Musto

St. Thomas Law Review

No abstract provided.

Television Coverage Of State Criminal Trials, Gerald Kogan, Rikki Klieman

St. Thomas Law Review

This article examines the controversy regarding the use of television cameras in state criminal trials, as discussed at The Florida Bar annual meeting held in Lake Buena Vista, Florida, on June 21, 1996. Chief Justice Gerald Kogan of the Supreme Court of Florida moderated a panel discussion on this topic. The panel consisted of Judge Stanley Weisberg of the Los Angeles Superior Court and Rikki Klieman of Court TV.

Is The Witness Believable? A New Look At Truth And Veracity Character Evidence And Bad Acts Relevant To Truthfulness In A Criminal Case, Fred W. Bennett

St. Thomas Law Review

This article explores the evidentiary use at trial of a witness' character for truthfulness or untruthfulness.' Additionally, the article discusses Federal Rules of Evidence (Rule or Rules) 404(a)(1), 405(a), 608(a), and 608(b). Part II of this article covers the common law antecedents of the rules governing the use of truth and veracity character evidence. Part III explores the rationale and scope of Rule 404(a)(1), with illustrations of the use of opinion and reputation evidence under this rule. This section also includes a discussion of Rule 405(a), with an illustration of cross-examination under this rule. Part IV covers Rule 608(a) along …

Truth In Jury Instructions: Reforming The Law Of Lesser Included Offenses, John F. Yetter

St. Thomas Law Review

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 10, Issue 1, Fall 1997.

Humanity And Humaneness: Communities Coming Together On Issues Of Human Relations To Achieve Social Justice For Indigenous Peoples, Harry Lee Anstead

St. Thomas Law Review

No abstract provided.

In Defense Of The Bia And The Nps: Federal Acknowledgment, Native American Consultation, And Some Issues In The Implementation Of The Native American Graves Protection And Repatriation Act In The Southeastern United States, J. Anthony Paredes

St. Thomas Law Review

No abstract provided.

Tribal Sovereignty In The Twenty-First Century, Lawrence Hart

St. Thomas Law Review

No abstract provided.

Tribal Courts: Protectors Of The Native Paradigm Of Justice, B.J. Jones

St. Thomas Law Review

The University of North Dakota School of Law provides training and technical assistance to some twenty-one tribal courts in the Dakotas and Minnesota. These courts vary in size and jurisdiction. For example, the Oglala Sioux Tribal Court2in South Dakota, on a per capita basis, handles quite possibly the largest caseload of any court in the nation, and the smaller courts in Minnesota, because of Public Law 280, handles limited disputes. All of these courts, regardless of size or docket pressures, are attempting to resolve disputes that arise within the reservation community in a manner that is loyal to the indigenous …

Navajo Peacekeeping: Technology And Traditional Indian Law, Robert Yazzie

St. Thomas Law Review

No abstract provided.

Twenty-First Century Wampum: The Use Of Iroquois Diplomatic Protocols In Aboriginal Land Claim Negotiations, John Tahsuda

St. Thomas Law Review

No abstract provided.

Mexico Since The Mayan Uprising: Government And Zapatista Strategies, Margarita Gonzalez De Pazos

St. Thomas Law Review

New Year's Eve of 1993 was full of great expectations. The main goal of the Salinas" government, the entering into force of the North American Free Trade Agreement (NAFTA), would become a reality on the first of January. When the New Year arrived, unbelievable news spread. At dawn, in Chiapas, the forgotten ones had taken armed control of the heads of municipalities of four towns: San Cristobal de las Casas, Las Margaritas, Altamirano, and Ocosingo. The Mayan Uprising had started. In its first statements, the Ejercito Zapatista de Liberaci6n Nacional (EZLN) declared war against the Mexican government and the military. …

Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald C. Cadle

Law Faculty Scholarly Articles

A "genetic revolution" is upon us. Techniques for genetic testing have increased in sophistication, and an international effort to map and sequence human DNA—The Human Genome Project ("HGP")—is now well under way. We are beginning to exploit our new found genetic knowledge. Recognition of the relationship between developments in genetic science, law, and public policy, is creeping into the "literature" and into the law school curriculum. Even the popular 60 Minutes television "news magazine" recently did a program on the perils of genetic testing. Still, for lawyers and policymakers at least, the material is not all that accessible.

The following …

Lifetime Achievement Award Presented To Attorney General Janet Reno

St. Thomas Law Review

No abstract provided.