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Pandemic, Protests, and Prison Reform? Why 2020 is a Catalyst to Rethink Drug Policy
No full textThis 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 drug policy. The Article will then defend the medical model by concentrating on the benefits of the system and the strong incentives stemming from recent events behind moving away from the criminal justice system.
Part I will describe the opposing models for approaching crime, comparing the prevailing punitive system that the United States has adopted with a nonpunitive approach known as the “medical model.” The punitive system, using law enforcement to control drug addiction requiring a goal of near “zero tolerance” of drugs will be referred to as the “punishment model.” Section I.A will focus on the history behind the criminalization of drugs, concentrating on the war on drugs and the popular Tough on Crime policies. This section will highlight the racial undertones behind these laws, focusing on the political and societal pressures driving the enactment of stricter laws with harsher punishments. Section I.B will discuss the resulting systemic issues that have stemmed from the criminalization of drugs, particularly how it disproportionately affects minority communities. This section will emphasize the failure of using the prevailing penal system to address addiction. Section I.C will describe the use of the medical model to address drug offenses, using Portugal as a leading example of the success of the system. Part II will address the recent shift away from Tough on Crime policies towards Smart on Crime initiatives. Section II.A will highlight the rise of Smart on Crime initiatives, describing the motivations behind the movement. Section II.B will reject prevalent Smart on Crime initiatives that focus on the reformation of the criminal justice system, such as the First Step Act of 2018, providing an overview and analysis of the Act and explaining the limitations of acts similar to it. Part III will propose the total reformation of drug law in the United States by adopting a medical model like Portugal, arguing that the benefits to adopting the medical model far outweigh the incremental benefits associated with gradual reformation of the criminal justice system. Section III.A will provide an overview of the incentives driving the switch to a medical model, including a discussion on recent global events. This section will touch on how the global pandemic has pushed forward the need for a better healthcare system and how protests have brought to light the fundamental need to change the policing system. Section III.B will discuss the limitations to this approach. This proposal will argue for the decriminalization of all controlled substances and for the substitution of the criminal justice system with a medical model system that can better address broader healthcare needs
Front Matter
No full textFront Matter includes Title Page, Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 33, Issue 1, Fall 2020
Arresting The Nigerian Herders-Farmers Conflict: The Unconstitutionality of the Ruga Policy
No full textThe 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 can revisit it. A key step in assessing the germaneness of this policy is whether or not it is in tune with the extant Constitution of Nigeria, the 1999 Constitution, and this paper concludes that it is not
The Birth of A Monster: An Open Discussion on Anti-Blackness Segregation to Present
No full textRacism 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 present day, of the development of White identity, in both White people’s minds and our court systems. Further, it will cover how this development has continually shaped the open anti-blackness mindset of today including, policing, the killings of Blacks at the hands of law enforcement, the lack of action by the courts, and the issues around housing, education, healthcare, and jobs
The Procedural Foundations of Information Regulation
No full textIn the academy, legal scholarship on intellectual property, or IP, abounds, most of it focusing on the substance of IP. Far less, however, is written about the procedural aspects of IP. This Article focuses on the often-ignored procedural foundations of IP and suggests-at a minimum-that procedure so thoroughly pervades IP that IP\u27s true foundations might be in procedure rather than substance. Considering IP as procedure may further allow us to recognize that IP procedures may need to be reconceptualized within a broader field of information regulation procedures
Congressional Oversight Disputes as Political Questions, Part II
No full textIn Part II, I argue that the Mazars dispute currently before the Supreme Court raises political question doctrine concerns and that under a novel framework for evaluating congressional inquiries, the accommodation doctrine can be a tool the courts use for determining that congressional investigations of the private sphere are not tainted by prior investigations of political officials
Transnational Punitive and Compensatory Damages: Villains or Role Models?
No full textThis 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
Florida\u27s Late Entrance to The Ongoing Trend: Sexual Orientation in The Workplace
No full textJohn 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 (“Title VII”), courts have been reluctant on defining sex to include sexual orientation. This is the unfortunate reality of the workforce: discrimination based on sexual orientation is not prohibited. Despite the narrow interpretation of Title VII, several states have already amended their laws to extend the interpretation to sexual orientation. Although several cities have local ordinances, Florida has no statutory law in place which protects the lesbian, gay, bisexual, or transgender (“LGBT”) community in the workplace. Over the course of ten years, Florida has attempted and failed to pass the Florida Competitive Workforce Act (“FCWA”), placing their own employees in fear of being harassed or even discharged from work for practicing their own beliefs. Amending Florida legislation to include protections for LGBT employees would ensure the highest qualified worker is hired for employment and would undoubtedly boost the economy as a result of solely merit-based hiring. Due to the nation’s ongoing trend, the FCWA should be brought up once again for legislation and become the law of the land in Florida. If the bill is denied, Florida risks national animosity and falling behind the growing global economy. This Comment addresses the proposed legislation by the Florida House of Representatives known as the FCWA. Part II will focus on the history of Title VII. In particular, it will discuss federal circuit split cases in dispute regarding the scope of Title VII’s coverage of sexual orientation discrimination. Part II will also review Florida’s judicial interpretation of Title VII and cases within the state that have granted protection to those discriminated against based off of their sexual preference. Further, Part III will analyze the negative ramifications of failing to pass such legislation both socially and economically. Lastly, Part IV will emphasize the policy behind the FCWA and how its enactment will promote a more balanced and morally sound workplace by creating a business environment suitable for optimal competitive development in Florida
Front Matter
No full textFront Matter includes Table of Contents for St. Thomas Law Review Volume 32, Issue 2, Spring 2020
An Analysis on Biometric Privacy Data Regulation: A Pivot Towards Legislation Which Supports The Individual Consumer\u27s Privacy Rights in Spite of Corporate Protections
No full textThis 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 consumer’s information. Further, Part IV will compare these solutions to the European Union’s regulation known as the “Right to be Forgotten”. Finally, Part V will discuss the solutions to biometric privacy data breaches by proposing federal legislation similar to the already established state law private causes of action for the aggrieved, as well as giving the individual the option to participate in complete data wiping, similar to that which is done in the European Union