STU Scholarly Works (St. Thomas University)
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Florida\u27s Anti-Dram Shop Liability Act: Is It Time to Extend Liability to Social and Commercial Hosts
No full textThis Comment focuses on Florida\u27s Dram Shop Act, in a moral societal context, and how such civil liability should be extended to include social and commercial hosts under limited circumstances, for subsequent causally related damages to third persons. Part II of this Comment provides and defines the necessary terms to fully understand the practice area of Dram Shop Liability. Part III discusses the evolution of Florida\u27s Dram Shop Act, beginning with the traditional common law approach and ending with a glance at previously proposed legislation. Part IV examines the rise of social and commercial host immunity, in Florida, by tracing its origin from early case precedents. Part V provides an analysis that lends support to this Comment\u27s proposal by examining how Florida courts in the late 1990s have shifted away from the traditional common law rule and began recognizing a limited exception to social host immunity under a theory of negligence per se. Additionally, Part V argues that Florida law should impose a duty on hosts who serve alcoholic beverages to persons who are visibly intoxicated and looks to other states that have expanded liability to social and commercial hosts. Finally, Part VI proposes an amendment to Florida\u27s Dram Shop Act that would incorporate additional subsections and, therefore, extend liability to both social and commercial hosts that provide alcoholic beverages to visibly intoxicated persons
Colleges and Universities: A Place to Get Away with Rape
No full textAlthough Florida is known for having passed the toughest mandatory reporting laws for sexual abuse of children after the Sandusky Penn State scandal, there is no mandatory reporting requirement for young adults who suffer sexual abuse in schools. Additionally, schools do not currently offer programs of rehabilitation for the alleged assailant, and for the most part, the alleged attacker is allowed to continue pursuing his or her studies in the same university, running the risk of having repeat offenders on campus. Part II of this comment will provide a background of the different laws and amendments previously enacted in an effort to eradicate sexual abuse from colleges and universities, such as (1) Title IX of the Education Amendments of 1972; (2) Dear Colleague Letter; (3) The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ( Clery Act ); (4) Campus Sexual Violence Elimination Act of 2013; and (5) the proposed bill Safe Campus Act of 2015, which was introduced to the House of Representatives on July 29, 2015, but has not been enacted.40 Part III will discuss the problem of underreporting of sexual crimes, the disservice caused by universities investigating and handling sexual crimes internally, and the lack of punishment toward the assailant.4 Part IV proposes that (1) colleges and universities be obligated to report allegations of sexual assault to local authorities; (2) the victim\u27s identity remain protected by the authorities, allowing the victim to proceed by pseudonym or anonymously, if the victim so choses; (3) colleges and universities implement a rehab program in which the alleged assailant or any student who has a record of sexual misconduct must undergo a psychological evaluation and attend weekly counseling sessions; and (4) the assailant be automatically suspended upon being found responsible by the university\u27s committee, until completion of the rehab program, followed by a one-semester probation in which the assailant has to continue attending monthly sessions; however, if the student violates probation, such student should be automatically expelled on the basis of sexual misconduct, which should be noted on his or her school transcripts
Should Therapeutic Jurisprudence Be Used to Analyze Impacts of Legal Processes on Government?
No full textThis article takes the controversial position that despite therapeutic jurisprudence’s (sometimes referred to as “TJ”’s) focus on the impact of laws and legal processes on the emotional and related physical well-being of human beings, there can be TJ-like impacts on government, at least in certain circumstances, that can be discovered by making a TJ analysis of the situation. It further contends that these TJ-like impacts on government ought to be examined for a number of important reasons: 1) they provide greater insights into therapeutic and antitherapeutic impacts on humans; 2) the deeper understandings gained through this analysis can then be used to formulate recommendations and solutions to refine and reform the law or government’s actions as a legal actor — ultimately for the benefit of human physical and emotional well-being; 3) government informed by these findings can, in these circumstances, revise its interactions with the governed in order to enhance the likelihood of successful completion of government initiatives through proactively recognizing and addressing antitherapeutic impacts on the persons involved; and 4) use of these TJ findings to revise government conduct can advance both respect for government and law, and encourage voluntary compliance with law and legal processes, all of which are essential to government’s ability to fulfill its role in society
Yearning to Belong: Finding a Home for the Right to Academic Freedom in the U.N. Human Rights Covenants
No full textAcademic freedom is generally considered a human right, both nationally and internationally. However, no legally binding international human rights instrument-neither at the global nor the regional level-provides express protection for this right; this includes the two most important global human rights treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both of 1966. This begs the question: Does the right to academic freedom not-even so--have a home in either or both of the U.N. Human Rights Covenants? Can and should academic freedom be protected as part of the right to freedom of expression in Article 19 of the former Covenant? Or does Article 15 on cultural rights of the latter Covenant constitute the proper provision? Or is it, in fact, Article 13 on the right to education, also of the latter Covenant, that encompasses academic freedom? Yet another option would be for different aspects of the right to academic freedom to be considered addressed by different Covenant provisions, including but not limited to those cited. However, if the latter option applies, does - or should - not one of these provisions be seen to be the primary or overarching provision? This article will attempt to answer these questions, commenting on the adequacy or otherwise of the various approaches discernible. Shedding light on the matter may well facilitate the formulation of a General Comment on the right to academic freedom by the proper U.N. human rights treaty body - and in this way help dispelling some of the fundamental misconceptions regarding the true purport of this right
Front Matter
No full textFront Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 29, Issue 1, Fall 2016
Getting Deals Done: Enhancing Negotiation Theory and Practice Through a Therapeutic Jurisprudence/Comprehensive Law Mindset
No full textThis article explains how a therapeutic jurisprudence/comprehensive law mindset can augment negotiation theory and skill to help get deals done
The Continuing Relevance of International Refugee Law in a Globalized World
No full textThe movement of people between States continues to be high on national and international agendas. One does not need to look far beyond the headlines to see what a difficult issue it is for States and for regional and international organizations, and how often they make a mess of managing it. Nor does one need to look hard to discover how desperate is the situation of many a migrant, whether in the physical hardships and risk to life and limb encountered during the search for refuge, or in the often incomprehensible and complex web of national laws and procedures with which the migrant must deal, or when he or she is on the receiving end of State policies which seem to have left common humanity far behind. In this critical context, it is not surprising to find the continuing relevance of international refugee law being questioned; this paper aims to make the case for the defense, but it must start with a little history
Front Matter
No full textFront Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 27, Issue 2, Summer 2015
Deportation Cases and Legislation
No full textBook: The Oxford Encyclopedia of Latinos & Latinas in Contemporary Politics, Law and Social Movements
The Oxford Encyclopedia of Latinos and Latinas in Contemporary Politics, Law, and Social Movements (OEPoL) provides a comprehensive source of information on the diverse historical and contemporary experiences of Latinos and Latinas in the United States. Incorporating key material from the acclaimed four-volume Oxford Encyclopedia of Latinos and Latinas in the United States (OUP, 2005), this ground-breaking publication addresses the significant ways in which the Latino and Latina populations have shaped the political, legal, and social institutions of the United States, with new and updated scholarship on political movements and organizations, important legal cases, minority-rights laws, and immigration legislation.The two-volume OEPoL contains over 450 topical entries written by key academics, intellectuals, and scholars. The articles range from expansive survey essays, to biographies that document the lives of important individuals in Latino and Latina history, to interdisciplinary entries focused on essential themes and issues. Supplemented by over 50 images and a bibliography of suggested readings for each entry, OEPoL ensures that this timely, increasingly prominent subject receives the reference coverage it deserves.https://scholarship.stu.edu/faculty_book_chapters/1009/thumbnail.jp
The Law: White House Equities: The New Executive Privilege
No full textPresidential administrations have devised numerous legal rationales, such as executive privilege, for concealing information. A relatively new and related rationale is “White House equities.” Although not statutorily defined, White House counsels and other executive officials have interpreted White House equities to encompass all agency communications either to the White House or prepared for communication with the White House. Records classified as containing White House equities provide a basis for the president to assert executive privilege to justify the withholding or redaction of records. This article describes and analyzes the rise and evolution of White House equities, and it critically assesses the impact of the use of this vehicle of information control on the balance of powers of the national government and the principle of democratic accountability