STU Scholarly Works (St. Thomas University)
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The Second Front — Again? The Rising Tide of Global Jihadism in East and Southeast Asia
No full textMainstream scholarship abounds with assumptions that East and Southeast Asia will not constitute a second front in the international war on terrorism. These assumptions typically rely on different motivations, targets and methods employed by terrorist groups in the region as compared to Middle Eastern groups. This article argues that these assumptions are largely outdated, based on faulty conceptual models, fail to take stock of the growth and popularity of ISIS in the region and the significance of political failures of regional governments to adequately address domestic grievances. The peril has grown in recent years from localized sectarian movements and efforts to obtain political power-sharing to a potential transnational existential threat
Protecting Florida\u27s Marine Life with Conservation Drones
No full textThis comment analyzes drones under current Fourth Amendment jurisprudence and focuses on the issues contributing to unsustainable fisheries in Florida. Part II explains the basic concept of drones and discusses privacy issues through the Fourth Amendment as well as Florida marine patrol statutes that are relevant to an analysis of drone technology. Part III highlights that Florida\u27s fisheries are at an unsustainable level because there are not enough Florida marine patrol officers and the simplicity of disposing illegally harvested wildlife into the ocean. Part IV suggests that Florida adopt legislation authorizing a drone enforcement program for marine patrol. Part V summarizes the various concerns of a marine enforcement drone program and exemplifies the issues that have led to the overfishing problem in Florida
Trafficking in Human Beings: The Convergence of Criminal Law and Human Rights Law
No full textBook: The SAGE Handbook of Human Trafficking and Modern Day Slavery
Millions of people around the world are forced to work without pay and under threat of violence. These individuals can be found working in brothels, factories, mines, farm fields, restaurants, construction sites and private homes: many have been tricked by human traffickers and lured by false promises of good jobs or education, some are forced to work at gunpoint, while others are trapped by phony debts from unscrupulous moneylenders.
The SAGE Handbook of Human Trafficking and Modern-Day Slavery provides a comprehensive, interdisciplinary and global look at the diverse issues surrounding human trafficking and slavery in the post-1945 environment. Covering everything from history, literature and politics to economics, international law and geography, this Handbook is essential reading for academics and researchers, as well as for policy-makers and non-governmental organisationshttps://scholarship.stu.edu/faculty_book_chapters/1001/thumbnail.jp
The Successful Congressional Challenge of Executive Non-Enforcement
No full textWhen the President returns a bill by veto, Congress ultimately preserves the ability to override the veto; this limitation of power intentionally cripples the President\u27s abilities in the legislative process. Yet, what can Congress do, when the Executive Branch ignores duly enacted law? Is there anything to be done when the President ceases enforcement altogether? Are there any tools for Congress to fight back? Recently States\u27 rights and federalism challenges to non-enforcement were explored through the federal judiciary through President Obama\u27s immigration actions, yet, what if non-enforcement produces substantive, justiciable harm not to a State, but to Congress? Can Members of Congress have their day in court? What mechanisms exist in the Constitution or bodies of, federal precedent to force action after inaction? This article examines (1) apposite, historical standing doctrine, (2) non-enforcement canon and recent advents, (3) pertinent examples and precedent, and (4) litigation and practical concerns the Legislature need mind when bringing suit against the Executive
Florida\u27s Controlling Summary Judgment Rule 1.510(c) Contrasted with the Common Law-Created Rule Grounded on Two Conflicted Federal Cases
No full textFlorida litigators, who are familiar with the Florida Rules of Civil Procedure, should not be surprised that the prescribed, controlling procedural rule to be followed as well as for a Florida state trial court to adjudicate a motion for summary judgment ( MSJ ) is presumptively set forth within Rule 1.510 of the modem-day Florida Rules of Civil Procedure. The current rule expressly provides, in material part, the judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. As such, the MSJ movant must carry a greater burden than the burden which the plaintiff must carry at trial, which is to demonstrate a negative or the absence of a genuine issue of any material fact, as well as entitlement to a judgment as a matter of law. Most Florida litigators may also be aware that Florida\u27s summary judgment procedures were not available before the early 1950s, and motions for summary judgment were a relatively newfound legal phenomenon post Lomas v. W Palm Beach Water Co., 57 So. 2d 881 (Fla. 1952). Thus, Florida common law jurisprudence concerning MSJs has essentially evolved over the past sixty-five years. Accordingly, the instant article explores the requirements of Rule 1.510 concerning motions for summary judgment, including its substantially-similar federal counterpart, the origin and evolution of the Florida common law heavier burden rule on MSJs, Florida\u27s applicable common law jurisprudence and, ironically, a prognosticated decision for the Supreme Court of Florida, if the Supreme Court was squarely faced with the common law heavier burden rule on a MSJ. A fortiori, it is appropriate to initiate the instant analysis with a review of the principles that dictate the methodology necessary to properly interpret and apply the Florida Rules of Civil Procedure
Defending Self-Defense: Why Florida Should Follow the Eleven States That Already Allow for Campus Carry
No full textThe supreme law of the land states: . . .the right of the people to keep and bear arms shall not be infringed. The Supreme Court has found that the right to bear arms for self-defense is protected by the Constitution. Most states have expanded on this right and allow individuals to carry concealed weapons as long as they become licensed by the state. However, this right to carry concealed weapons is surely subject to limitations.\u27 In the state of Florida, concealed weapon permit holders are prohibited from carrying on college or university campuses. This restriction is not beneficial to campus security and is not fair to law-abiding citizens, who cannot protect themselves against violent attacks. Opponents of campus carry take the position that allowing concealed carry on campus will increase violence and do little to protect people against possible attackers. However, this is simply inaccurate. Allowing students, faculty members and staff individuals who are licensed to carry concealed weapons to do so on college and university campuses, does not necessarily have a negative impact on campus security. In this Comment I will explore the advantages and disadvantages of the college campus exception and argue why Florida should remove such exception
Security, Law & Public Policy - Assessing the Efficacy of a National Security vs. Law Enforcement Model to Combat Terrorism
No full textThe relationship between security, law, and public policy, generally speaking, is one fraught with tension. This is the case, in part, because security has the potential for limitless application. During the campaign and since taking office, candidate (and later President) Trump clearly espoused an emphasis on security in order to Make America Great Again. Securitization measures from a political, economic, sociocultural, and foreign policy perspective were key pillars of President Trump\u27s campaign and have informed Executive policy-making since Trump assumed office. In the present highly contentious political environment, wherein the Executive has vigorously articulated and pursued an expansive sociopolitical and economic agenda that is tinctured with security, it is timely to critically examine the nexus between security, law, and public policy vis-a-vis terrorism. The nexus between the latter is the focus of this work. More specifically, this article provides a select comparative analysis of U.S. and E.U. law as it pertains to the aforementioned nexus and international terrorism. Comparative analysis of international terrorism law yields valuable insight into the politicized nature of law and security. A comparative analysis of international terrorism law sheds light on the cultural, ideological, and political dimensions that inform policy and practice. The use of law, the factors that influence its postulation, e.g., culture, history, and politics, presents a working case study of assessing the efficacy of different approaches to and interpretations of national security
Delineating Defects: A Primer on Florida Product Liability Law (2017)
No full textThis Article also aims to achieve the long-term goal of serving as an easy-to-use, comprehensive, and pragmatic compendium on Florida product liability law going forward for lawyers, judges, law students, engineers, industry insiders, etc. Part II of this Article explores the state of Florida product liability law decided in 2017 on both the state and federal court levels in the seminal areas of design defect, manufacturing defect, and/or failure to warn.1 4 Part III of this Article outlines trends and developments in the ancillary areas of procedural law, evidence, and jury instructions, among others. Part IV of this Article outlines and examines important product liability verdicts in Florida in 2017.1 Part V concludes with prospective commentary on the state of Florida product liability law and things to be cognizant of on the horizon
Running It Twice (Or Thrice): Double-Header, Triple-Header, and Reverse Baseball Arbitration
No full textThis Essay illustrates how the Running It Twice concept that makes poker games less of a gamble can also be used in another forum where large amounts of money can be at stake: arbitrations. I introduce three new forms of arbitration based on this concept: Double-Header Baseball Arbitration, Triple-Header Baseball Arbitration, and Reverse Baseball Arbitration. In this Essay, I show that that these new forms of arbitration are superior to current methods because they result in what the average or median qualified arbitrator would award-thereby making arbitration more accurate, predictable, and fair
Preventing Cultural Heritage Destruction and Responsibility to Protect
No full textOver the past two decades the international community has witnessed the unlawful destruction of cultural heritage. In response, the United Nations General Assembly has stated that it was appalled by the destruction of sites such as the Buddhas of Bamiyan, concerned by the attack and the looting of the Iraqi Museum, and it even unequivocally condemned\u27 the increasing frequency of horrifying terrorist attacks undertaken by the Islamic State. Despite the United Nations General Assembly continually expressing its outrage after each incident, it was not until recently that the International Criminal Court ( ICC ) took steps to hold those responsible for cultural heritage destruction accountable. In September of 2016 the ICC, in The Prosecutor v. Ahmad Al Faqi Al Mahdi, prosecuted Mr. Al Mahdi for war crimes,\u27 finding that he had directed an attack on buildings dedicated to religion, education, art, science or charitable purposes or historic monuments. The ICC analyzed the scale, nature, manner and impact of these attacks finding that they appear to [have] shocked the conscience of humanity and that the attacked sites [are] \u27part of the indivisible heritage of humanity. This marked the first case in which the ICC sought to penalize the destruction of cultural heritage sites. In the process, the ICC demonstrated that the international community is willing to act in response to the targeted destruction of cultural heritage. However, there remains a lingering question, despite preventing impunity, at least in some cases: what could, or perhaps should, be done by the international community as a way to preserve cultural heritage before it is destroyed? More specifically, could some sort of intervention be a justifiable preventative measure?
In late November 2015, the United Nations Educational, Scientific and Cultural Organization ( UNESCO ) met to discuss possible responses to cultural heritage destruction and strategies for preserving these sites recommending, in part, that the Responsibility to Protect ( R2P ) doctrine could provide guidance and serve as a useful tool for States to apply to prevent further destruction of the world\u27s cultural heritage. Drawing on this passing suggestion by UNESCO, this paper will seek to understand the practicability of this approach by analyzing the development of R2P, the legal validity of applying R2P to the destruction of cultural heritage, and provide some preliminary analysis on the potential benefits, and consequences, of using R2P to prevent cultural heritage destruction.
Part One will analyze the history of R2P both generally, by looking at its development and application within the U.N. System regarding humanitarian crises broadly, as well as with respect to how R2P has begun to enter UNESCO conversations.
Part Two will then turn to the feasibility of using R2P in the field of cultural heritage. This will proceed on two fronts: first, it will look at the text of R2P as incorporated into the U.N. System through General Assembly Resolution 60/1; and second, it will look to see if, even if it is reasonable to find cultural heritage destruction as one of the enumerated justifications for intervention, this incorporation really can be read as in line with the object and purpose of R2P. Part Three will demonstrate why it is that current mechanisms for cultural heritage protection are insufficient preventative measures. It will then turn to the possible benefits and consequences of using R2P as a method of cultural heritage protection. To evaluate the potential implications of using R2P, this paper will look at three specific cases: the looting of the Iraqi Museum, the current attacks on cultural heritage in Syria by the Islamic State and the Taliban\u27s destruction of the Bamiyan Buddhas in 2001. These three cases will help to show how R2P could be applied, as well as demonstrate some of the possible negative consequences should R2P be used as the justification for intervention to protect cultural heritage sites. Through these examples, this paper will seek to answer the question of what, if anything, could be gained by using R2P for cultural heritage protection. Furthermore, it will demonstrate some of the reasons why this expansion of R2P may be a useful tool not only for the revival of this doctrine within the United Nations, but also as a way to promote international cooperation to protect global or universal heritage sites in spaces that are frequently ignored until after the damage has already occurred