Law Commons^™

Dolan V. Tigard: Taking A New Look At An Old Takings Issue, Andrew S. Yagoda

St. Thomas Law Review

On June 24, 1994, the United States Supreme Court issued a land development decision that balances the strained relationship between eager land developers and overreaching municipalities. Regulatory takings have long been justified as an integral part of the states' police power These methods are incorporated into state, regional and city comprehensive land development plans, established to protect the environment and facilitate growth and development in an area. The United States Supreme Court decided Dolan v. City of Tigard in an attempt to reconcile past decisions on land use and development. Dolan limits the government's traditionally superior bargaining power and affects …

Turner Broadcasting System, Inc. V. Fcc: The Supreme Court Establishes A Standard Of Review For First Amendment Issues Involving Cable Litigation, Kathryn Seagle Robbie

St. Thomas Law Review

No abstract provided.

Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill

St. Thomas Law Review

No abstract provided.

The Journey, G. Peter Jemison

St. Thomas Law Review

No abstract provided.

Housing Hurdles: Experiences Of The Oneida Indian Nation, Keller George

St. Thomas Law Review

No abstract provided.

Equality Of Indigenous Peoples Under The Auspicies Of The United Nations - Draft Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes

St. Thomas Law Review

No abstract provided.

"We Can Do... Better":* Rights Of Singular Peoples And The United Nations Draft Declaration On The Rights Of Indigenous Peoples, Keith D. Nunes

St. Thomas Law Review

In the multiplication of European voyages of discovery and exploration between the years 1487 and 1780, the slow process of direct sea contact between regions and continents ultimately yielded a worldwide network of relationships for a new era, an era in which humankind continues to participate. North America was opened to European settlement as a result of an aborted series of English, French, and Dutch voyages intended to find a northern route to Asia. These voyages were attempts to erase the claim of monopoly to the navigation of trade routes in the Treaty of Tordesillas of 1494, as well as …

What's Past Is Prologue*: The Status And Contemporary Relevance Of American Indian Treaties, Kirke Kickingbird

St. Thomas Law Review

No abstract provided.

The Chiapas Uprising And The Negotiating Process, Margarita Gonzalez De Pazos

St. Thomas Law Review

No abstract provided.

Human Rights Education Programs For Indigenous Peoples: Teaching Whose Human Rights, Lynda Frost

St. Thomas Law Review

During the difficult decades of the 1970s and 1980s, human rights organizations (HROs), especially nongovernmental HROs, flourished in the Americas. The HROs directed their attention and resources toward documenting and denouncing the numerous and flagrant violations of human rights occurring in the region More recently the HROs found, partly because of their success, that demands for their services and funding for their projects have diminished. In an effort to revive and refocus their energy, many HROs have turned to human rights education as a new focus. Latin America has a strong tradition of popular education. Using techniques developed in popular …

Indian Gaming Regulatory Act: An Overview, Michael D. Cox

St. Thomas Law Review

Part I of this paper explores the history of gaming prior to the Act's passage. Part II discusses the major provisions of the IGRA. Part III reviews the litigation that has ensued since the IGRA was passed. Finally, part IV discusses the most recent proposals to amend the IGRA by the new Congress.

Introduction: Towards An Inclusive Professionalism, Peter Margulies

St. Thomas Law Review

The landscape of lawyering seems bewilderingly chaotic today, compared with images of practices past, replete with country clubs and white male practitioners.' Despite their exclusiveness, corporate law firms of old at least had some shared values, and some commitment to norms other than those generated by the market. Our society, as well as the legal profession, is more diverse than it was. The present-day invocation of professionalism is one reaction to the increased diversity of the legal profession, and to the vaulting prominence of market forces, which has reduced many lawyers in major firms to a race to the bottom …

Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement, Bruce A. Green

St. Thomas Law Review

This Article focuses on how standards of prosecutorial conduct are enforced. As will be discussed, the process for sanctioning wrongful conduct of federal prosecutors is structurally inadequate. Federal prosecutors are subject to discipline by as many as four different authorities. Yet, each of the available disciplinary mechanisms is itself deficient. Furthermore, the diffusion of responsibility among different mechanisms compounds the problem.

Practiced Moral Activism, Paul R. Tremblay

St. Thomas Law Review

Readers of legal ethics literature frequently encounter the following question: "Can a good lawyer be a good person?" This Article addresses a variation of that question: "Can a good lawyer be a good person if that person is not a good philosopher?" This new question confronts a perplexing realization about most moral exploration of lawyering-that it takes place amidst a language and an intellectual world with which most practicing lawyers are not familiar or conversant. Of course, the philosophers inhabiting that world and using that language aim to affect the lives of working attorneys in some concrete way,but reading the …

Professionalism And Life In The Trenches: The Case Of The Public Defender, Rodney Thaxton, Lida Rodriguez-Taseff

St. Thomas Law Review

I would like to start with a little story. This actually happened during my employment at the Dade County Public Defender's office, when I was in juvenile court. There was this very bright young man who, having been arrested for stealing bicycles, was in detention. He had figured out an ingenious way to steal bicycles. He would go into the bicycle section in department stores, get a bicycle, and start riding it around. An employee would invariably say, "Oh, you can't ride that bicycle in here. Take it out," and would escort him to the door with the bicycle. He …

"The Pathology Of Practice--A Short Story,", Philip N. Meyer

St. Thomas Law Review

No abstract provided.

Justice On Trial: The Efficacy Of The International Criminal Tribunal For Rwanda, Melissa Gordon

ILSA Journal of International & Comparative Law

There can be no peace without justice, no justice without law, and no meaningful law without a court to decide what is just and lawful under any given circumstance. The process of codification, adjudication and enforcement is as vital to a tranquil international community as it is to any independent national state.

-Benjamin B. Ferencz'"

The success of the Yugoslavian and Rwandan War Crimes Tribunals will determine the future of international criminal law. Whether the Tribunals are able to command the attention and respect of the world remains to be seen.

How The Exception Makes The Rule: Agency Waiver Of Statutes, Rules, And Precedent In Florida, F. Scott Boyd

St. Thomas Law Review

The purpose of this article is certainly not to formulate a complete conception of administrative equity. The intent, rather, is simply to begin to examine one small aspect of Florida administrative law which traditionally has been associated with equitable principles: the exception. First, the concept of exception will be considered, to provide some definition. As might be expected, both the form of the .law to which exception is sought and the form of the action granting exception are important in determining the discretion of the agency. Exceptions are therefore considered in groups: first, exceptions to statutory requirements; next, exceptions to …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 7, Issue 3, Summer 1995.

Welcome Address, Daniel J. Morrissey

St. Thomas Law Review

No abstract provided.

The President's Welcome Address, Franklyn M. Casale

St. Thomas Law Review

Welcome to this symposium, fittingly entitled, "Tribal Sovereignty: Back to the Future?" hosted by the St. Thomas University Human Rights Institute and its School of Law. Many languages are spoken in this room, and especially in our South Florida area, but rarely do we hear the richness of the languages that we have experienced here in prayer. I thank those who have prayed with us in their own languages for adding to the richness of our already rich and diverse South Florida community here at St. Thomas University. I welcome you all. I welcome especially their excellencies, the various Chiefs …

A Brief View Of Onkwehonwe Culture And Spirituality From The Beginning, Brian Patterson

St. Thomas Law Review

No abstract provided.

Indian Housing: The Fourth Decade, Susan J. Ferrell

St. Thomas Law Review

No abstract provided.

Spirit Myth And Economic Activity: The Harmonious World Of Florida's Indians, Francis J. Sicius

St. Thomas Law Review

No abstract provided.

International Protection Of The Rights Of The Indigenous Child, Cynthia Price Cohen

St. Thomas Law Review

No abstract provided.

Sovereignty And Treaty Rights - We Remember, G. Peter Jemison

St. Thomas Law Review

No abstract provided.

American Indian Treaties And Modern International Law, Siegfried Wiessner

St. Thomas Law Review

No abstract provided.

The Saga Of Indigenous Peoples In Brazil: Constitution, Law And Policies, L. Roberto Barroso

St. Thomas Law Review

In 1979, when the military rule in Brazil was coming to an end, I dedicated some of my time to student political activity supporting the return of democracy. Several students used to show their political beliefs by posting banners on the windows of their cars. I had several in my car. One of them, probably the one that raised the most curiosity, read: "For the demarcation of indigenous lands." It was very charming, but none of us knew exactly its real meaning and implications. As far as I can remember, that was the first time I ever cared about Indians. …

Restoration Of The Independent Nation State Of Hawaii Under International Law, Francis Anthony Boyle

St. Thomas Law Review

No abstract provided.

A Backdrop For Reconciliation, Herbert Becker

St. Thomas Law Review

No abstract provided.