Law Commons^™

Another Three Strikes Law: An In Depth Look At Florida's Prisoner Releasee Reoffender Punishment Act, Desiree M. Cuason

St. Thomas Law Review

Part I of this Comment will provide a brief historical background of Florida's sentencing guidelines and present an in-depth analysis contrasting various "Three Strikes You're Out" laws throughout the nation and the Florida Act. Part II will discuss certain conflicts which may result from the passage of the Act. Part III will discuss future impact on issues such as increased workload, prison overcrowding, and the shifting of discretionary power from the judiciary to the prosecutor. Finally, Part IV will propose alternatives to further the goals of prevention and incapacitation.

United States V. Scheffer: What Is Left Of The Polygraph In Criminal Trials, Timothy M. Hughes

St. Thomas Law Review

Will courts uphold aper se rule against polygraph admissibility in all contexts despite the constraints imposed by a criminal defendant's Sixth Amendment right to present a defense? For the first time, the Supreme Court of the United States has addressed whether a per se ban on polygraph evidence violates a defendant's Sixth Amendment right to present a defense. It appears that invoking the Sixth Amendment right to present a defense produces the strongest argument in favor of polygraph admittance. Therefore, since United States v. Scheffer involves a court-martial and arises under the Military Rules of Evidence, the Supreme Court's decision …

Front Matter

St. Thomas Law Review

Front Matter includes Table of Contents for St. Thomas Law Review Volume 11, Issue 1, Fall 1998.

Welcome Address, Franklyn M. Casale

St. Thomas Law Review

We gather here today for the Fourth Annual St. Thomas University School of Law Tribal Sovereignty Symposium to honor these words. I am pleased with the topic which we will be discussing this year "Sacred Mother Earth: The Struggle to Save The Everglades" for two reasons. The first reason is that the Everglades are important to us at St. Thomas University because they are so critical to the basic ecosystem of our community. The second reason why I am so pleased with this subject is because it resonates with our own Mission Statement "[tihe community provides a personalized and caring …

Opening Remarks, Daniel J. Morrissey

St. Thomas Law Review

Let me offer a warm welcome to the Fourth Annual Tribal Sovereignty Symposium here at St. Thomas University School of Law. I would like to commend all the faculty, students, and other friends of St. Thomas who have worked so hard to plan and produce this conference, with particular thanks to Professor Siegfried Wiessner who brings such special dedication and enthusiasm to this project every year. The focus of this year' s symposium is the environment-particularly the preservation of that unique ecosystem that lies right on our doorstep, the Florida Everglades. This should be a prime concern of our environmental …

Remarks On Tribal History And Culture, Brian Patterson

St. Thomas Law Review

There is a lot to be said in a matter of minutes regarding what has occurred in the past five-hundred years. As we talk about culture, I wonder: What exactly is culture? For what we have been given, for what we have been able to retain is an understanding of who we are as people, of the instructions the Creator has given to all of us on this good Mother Earth. So as we struggle in this day and age, we hear words such as religion, culture, heritage. In my young mind-relatively young-I wonder what this really means when what …

Remarks On Indian Spirituality And Culture, Brian Patterson

St. Thomas Law Review

Good morning everyone, it is a beautiful day as we gather here at St. Thomas, and I give thanks to the people of St. Thomas for having us here. We have come here and now we must be of one mind. We must gather all of our thoughts into one and we must wrap all our thoughts into one bundle. And we will give thanks to the Creator that we can come here in peace and that peace is in our hearts, and peace is in our mind. And we are thankful that we can still be happy. I addressed …

Chevron Doctrine In Federal Indian Law And The Agencies' Duty To Interpret Legislation In Favor Of Indians: Did The Epa Reconcile The Two In Interpreting The Tribes As States Section Of The Clean Water Act?, Alex Tallchief Skibine

St. Thomas Law Review

Part II of the Article discusses whether there is an ambiguity in the CWA, and if so, whether the EPA should be given Chevron deference in its interpretation of the Act. After concluding that there is an ambiguity in the statute and that Chevron is applicable, this Article discusses what role, in the Chevron inquiry, should be played by the rule of statutory construction mandating that federal statutes enacted for the benefit of Indians be construed liberally with ambiguities resolved in their favor. This rule will be referred to as the Indian liberal construction rule. This Article takes the position …

Deference In The Judicial Resolution Of Intrachurch Disputes: The Lesser Of Two Constitutional Evils, Nathan C. Belzer

St. Thomas Law Review

In the course of its century long struggle to balance the ideals of the Free Exercise and Establishment clauses with the need for judicial intervention in the resolution of intrachurch disputes, the Supreme Court has fashioned two jurisprudential approaches. The deference approach, first enunciated by the court in Watson v. Jones and given modern approval in Serbian Eastern Orthodox Diocese v. Milivojevich, mandates that civil courts defer to the result reached by the highest authority within the church or religious association in which the dispute arose. 9 In contrast, the neutral principles approach, first suggested in Presbyterian Church v. Hull …

Poststructural Analysis Of The Power And Class Behind The Formalistic Application Of Erisa Preemption Of State Law, Erik Nelson

St. Thomas Law Review

This comment presents a poststructural approach to the current formulation of the Employment Retirement Income Security Act (ERISA) of 1974. Part I details the context in which Congress created federal protection for ERISA beneficiaries. Part II illustrates how the judiciary wavered in its broad preemptive construction of ERISA before ultimately privileging a construction of ERISA which denied ERISA beneficiaries extracontractual and punitive damages. Part III will examine deconstruction and its impact on the jurisprudence of the federal courts. Part IV embarks on a deconstructionist analysis of the "relates to" preemptive provision of ERISA to reveal that the only rationality to …

Bery V. New York: Do Artists Have A First Amendment Right To Sell And Display Art In Public Places, Christina A. Mathes

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

College Football Players Can't Tackle Athletic Conference's Tough Sanctions: Hairston V. Pacific 10 Conference, Michael H. Gold

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Defining Aboriginal Title In The 90'S: Has The Supreme Court Finally Got It Right?, Kent Mcneil

Books

The arrival of Europeans in North America had a profound impact on the Aboriginal peoples who had been living here for thousands of years. Virtually everything changed: unfamiliar diseases like smallpox ravished the population; the fur trade and European settlement and resource use decimated the wildlife; new technology such as firearms altered Aboriginal economies and tribal relations; Christian evangelism affected spiritual beliefs and values; European imposition of sovereignty and governmental structures weakened, and in some cases replaced, Aboriginal forms of government; and so on. But more than anything else, the taking of Aboriginal lands by Europeans has probably had the …

Self-Help In Contract Law: An Examination And Proposal, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

Contrary to the common perception that Americans are overly litigious, many disputes never reach the court room. One reason for this is the availability of self-help--actions taken without recourse to third party intervention. The author explores self- help doctrine in American commercial law. Specifically, she considers the availabilityof self-help under the Uniform Commercial Code and the Restatement (Second)of Contracts. She shows that self-help is widely supported in these sources but that in practice it is not properly understood or applied. She argues that self-help should be encouraged uniformly in all commercial transactionsand suggests an addition to existing statutes that would …

Taking Mortgages Interests In Real Property Under The Guarantee Law Of The People's Republic Of China, Brain Y. Lee

UC Law SF International Law Review

In the fall of 1995, the PRC National People's Congress adopted the Guarantee Law, along with other banking legislation, to reform its troubled financial sector. As the first national secured transaction law in the PRC, the Guarantee Law standardizes the process of taking security and provides commercial banks with a legal tool to more effectively exercise credit allocation and debt recovery against defaulting debtors.

This Note focuses on how the newly-enacted Guarantee Law impacts the procedures and process of taking mortgage interests of real property in the PRC. In particular, it explores how the local mortgage laws in Beijing, Guangzhou, …

The Common Core For European Private Law: Presented At The Third General Meeting Of The Trento Project, Hein Kotz

UC Law SF International Law Review

No abstract provided.

Everybody's Talking: The Future Of Comparative Law, P. G. Monateri

UC Law SF International Law Review

No abstract provided.

The Future Of Comparative Law: Public Legal Systems, Clifford Larsen

UC Law SF International Law Review

No abstract provided.

Comparative Law In The New European Community, George A. Bermann

UC Law SF International Law Review

No abstract provided.

The Issue Of European Civil Codification And Legal Scholarships: Biases, Strategies And Development, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

Let Me In, Immigration Man: An Overview Of Intercountry Adoption And The Role Of The Immigration And Nationality Act, Stephanie Zeppa

UC Law SF International Law Review

As the number of intercountry adoptions increases, it becomes important for countries like the United States to address the immigration needs of foreign children entering the country as the sons and daughters of its residents. This note provides an overview of the history of intercountry adoption in the United States. It gives examples of how the intercountry adoption process works, using China and Russia as examples of the complexity of the current process and the interplay between foreign and domestic law. The author also analyzes the impact of the Convention on Protection of Children and Co-operation in Respect of Intercountry …

International Obligation To Prosecute Human Rights Violators: Spain's Jurisdiction Over Argentine Dirty War Participants, Julia K. Boyle

UC Law SF International Law Review

Many nations view the obligation of protecting human rights as worthy of relaxing the traditional deference to State sovereignty. They believe interference is necessary to prevent and punish human rights violators. In the 1970s and 8 b. Argentina was subject to an intense military rule. Disappearances, torture and extra-legal executions were the regime's tools of oppression, and despite Argentina's claim that those guilty of human rights violations were properly dealt with, the new democracy's measures were insufficient to conform to Argentina's legal obligations. Argentina's inaction constitutes a violation of Argentine and international law.

Hundreds of Spanish nationals were victims of …

Court Established Accrual Rule For Keyboard Users Afflicted With Repetitive Stress Injury, Michael J. Calhoun

Loyola Consumer Law Review

No abstract provided.

Compulsory Royalty-Free Licensing As An Antitrust Remedy For Patent Fraud: Law, Policy, And The Patent-Antitrust Interface Revisited, Lawrence Schlam

Cornell Journal of Law and Public Policy

No abstract provided.

To Profit Or Not-To-Profit: An Examination Of Executive Compensation In Not-For-Profit Organizations Contracting With New York City

Fordham Urban Law Journal

This report examined the compensation practices of not-for profit (NFP) organizations that have contracts with New York City.It reports the compensations statistics for NFP's contracting with the city. It also reports that many of these organizations did not comply with the regulations requiring public access to NFP's Annual Returns.

Dignity And Autonomy After Washington V. Glucksberg: An Essay About Abortion, Death, And Crime, Lois Shepherd

Cornell Journal of Law and Public Policy

No abstract provided.

Introduction To Conference Transcript, Leigh B. Bienen, Kristi Kirschner, Peter David Blanck

Cornell Journal of Law and Public Policy

No abstract provided.

Bibliography On Physician-Assisted Suicide

Cornell Journal of Law and Public Policy

No abstract provided.

Institutional Analysis And Physicians’ Rights After Vacco V. Quill, Larry I. Palmer

Cornell Journal of Law and Public Policy

No abstract provided.

Conference Transcript Socially-Assisted Dying: Media, Money, & Meaning

Cornell Journal of Law and Public Policy

No abstract provided.