STU Scholarly Works (St. Thomas University)
Not a member yet
1001 research outputs found
Sort by
The Responsibility to Protect Doctrine: Customary International Law, an Emerging Legal Norm, or Just Wishful Thinking
No full textThe purpose of this article is to examine the scope and purpose of this new R2P doctrine, providing a conceptual framework for determining whether the doctrine has, to any degree, reached the level of customary international law or, conversely, is simply an emerging norm within the international legal community. Near its completion, this paper seeks to examine the current debates over the legitimacy of intervention pursuant to the R2P doctrine, either multilateral or unilateral, and what effect these debates are having on the codification and practical application of the R2P doctrine. To achieve this above stated purpose, this article will be separated into three parts: Part I will discuss the development and history of the R2P doctrine; Part II will discuss the operational and legal components of the R2P doctrine; and Part III will analyze what dimensions of the R2P doctrine, if any, have risen to the level of customary international law
The Battle Lines of Federal Rule of Civil Procedure 8(A)(2) and the Effects on a Pro Se Litigant\u27s Ability to Survive a Motion to Dismiss
No full textPart II of this Comment discusses the development of pro se litigation from its historical roots to modern day concepts. Part III addresses the transformation of Federal Rule of Civil Procedure 8(a)(2) through the Court\u27s interpretation in Conley v. Gibson, Bell Atlantic Corp. v. Twombly, and Ashcroft v. Iqbal. Part IV explains the unique relationship between pro se litigation and the Federal Rules of Civil Procedure. Part V examines the tremendous effect of pro se litigation on the court system and highlights areas of the law in which pro se litigants find it extremely difficult to survive a motion to dismiss. Part VI argues for the proposed solution to increase the likelihood that a pro se litigant has the opportunity to have meaningful access to the court system
Front Matter
No full textFront Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 5 (2010)
The President\u27s Welcome Address (2009 Intercultural Human Rights Law Review Symposium)
No full textRev. Monsignor Franklyn M. Casale\u27s welcome address for the 2009 Intercultural Human Rights Law Review Annual Symposium
On-Line Legal Research Workshops
No full textLike riding a bicycle, playing tennis, or driving a car, legal research is a skill, and like any other skill, it is learned by doing, and not by listening to a lecture. However, lectures are indispensable for introducing the skill. The mental processes applied in electronic legal research may differ from those applied to book legal research. But because both electronic and book research are skills, a guided workshop in electronic legal research may be based on similar principles to those underlying a workshop in book legal research, with appropriate modifications. The aspects of the electronic legal workshop proposed here are as follows: (1) scheduling as soon as possible after the introductory lecture and treasure hunt exercise; (2) guided questions, which lead students through a process and which also give them freedom and independence to make choices; (3) a realistic research problem that requires reflection about what has been found, as opposed to simply finding an answer, but which is not as complex as the research problem for a typical open memo; (4) work in small groups or pairs; (5) immediate discussion and feedback on the strategies employed in the research exercise
Know the Mission: A Lawyer\u27s Duty to a Nonprofit Entity during an Internal Investigation
No full textNeither Black\u27s Law Dictionary nor Merriam-Webster\u27s Dictionary defines the term internal investigation. Practitioners note that [t]here is no standard definition of the term \u27internal investigation.\u27 Without knowing what an internal investigation is, how can one define who conducts them and where they are conducted
Fitting the Formula for Judicial Review: The Law-Fact Distinction in Immigration Law
No full textThis article demonstrates that the basic, analytical concept of a question of law in immigration court decisions is more expansive than is typically understood. I unearth and analyze confusion in immigration case law and propose some ways for us to think more clearly about the law-fact distinction, focusing on questions that involve the application of law to facts that have already been established - questions that are commonly called mixed questions. Part II of this article briefly traces the history of immigration judicial review, culminating with the REAL ID Act of 2005 and the jurisdictional savings clause contained in it. Part III discusses the concept of a mixed question of law and fact, offering a basic formula that captures the concept of a mixed question as a question of law. In Part IV, I discuss the extent to which courts regard particular mixed questions as legal or factual. Part V suggests a meta-rule formula for mixed questions that offers a way to identify and categorize mixed questions involving a breach of the rules of decision-making. Part VI addresses the interplay between the concepts of law-fact and discretion, as this has been a focal point of confusion. The article concludes with thoughts about how courts and litigators should proceed in their thinking about the law-fact distinction
Ignoring the Court\u27s Order: The Automatic Stay in Immigration Detention Cases
No full textThis article examines a regulation from which DHS derives a legal advantage in removal proceedings that significantly impacts the outcome of any deportation case. While several articles have provided a limited discussion on automatic stays in the greater context of mandatory and prolonged detention, the complexity and substantial impact of the automatic stay regulation merits a discussion devoted to it in its entirety. Part I of the article provides a general background to removal proceedings and bond hearings. Part II tells the story of Manuel who, as a result of invocation of the automatic stay, continued to be detained even after an immigration judge found him suitable for release. Part III discusses the relevance of 9/11 to the current version of the automatic stay regulations. Part IV compares the old regulations or interim rule (2001) with the new regulations or final rule (2006), as well as briefly surveys how several courts have treated them. Part V then discusses the way the Supreme Court has treated preventive detention and the question of when an individual can be held without bond. This section compares bail procedures in the federal criminal context to bond procedures in the immigration context. Lastly, Part VI provides a review of the Court\u27s most recent decision regarding stays in the immigration context and concludes that the automatic stay regulations are in violation of the long-standing principle that a stay should not exist as a matter of right. In a time when the immigration detention system continues to expand, due process safeguards are critical to ensuring meaningful review of detention status for those in custody
The State of ERISA after 35 Years: Complex, Yet Arguable Simplistic, Which Federal Statute May Be Unraveled with a Touch of Supreme Common Sense
No full textIntroduction - Looking to the Future: Essays on International Law in Honor of W. Michael Reisman
No full textBook: Looking to the Future: Essays on International Law in Honor of W. Michael Reisman
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community. The result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.https://scholarship.stu.edu/faculty_book_chapters/1024/thumbnail.jp