STU Scholarly Works (St. Thomas University)
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Section 529 Prepaid College Tuition Scholarships: Help In Uncertain Economic Times
No full textThe economy is wretched. The United States\u27 economic recovery is dependent, in part, on the country\u27s position in a global economy. If we as a nation wish to remain competitive in a knowledge-based economy that requires a higher level of education, we must facilitate greater access to postsecondary education.\u27 Unfortunately, in the last two decades, the United States has fallen from first to tenth place in the world in the proportion of its population that has obtained that all important postsecondary education. President Obama has set a goal of restoring the United States to first place by 2020. The United States faces a number of problems when it comes to facilitating access to higher education. For many years, children in a large segment of our society, the economically disadvantaged, have not even dreamed of graduating from high school and going to college. If we are to make any serious inroads into the proportion of our population that has attained postsecondary education, we must prepare children within this group for postsecondary education and provide access for them. Now we have a new problem hampering students from families whose children have traditionally attended college. Their families\u27 college savings have been decimated just as these children are about to attend college. We, as a nation, cannot afford to lose these children from the proportion of our population that has attained higher education. While there is no single silver bullet for the nation\u27s educational woes, this Article proposes a model that will prove effective for both cohorts of students. It is based on Florida\u27s highly successful, costeffective prepaid college tuition scholarship program, a jewel that has gone largely unnoticed. This Article evaluates and recommends the existing program for economically disadvantaged children, and suggests how it can be adapted to assist students whose college savings have recently evaporated, especially in those states that already have prepaid tuition plans
Due Process and International Terrorism
No full textActs of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals.The book then presents a detailed analysis of United States’ due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law’s due process guarantees and proposes courses of action which can better defend a public order of human dignity.https://scholarship.stu.edu/faculty_books/1011/thumbnail.jp
The President\u27s Welcome Address The President\u27s Welcome Address (2008 Intercultural Human Rights Law Review Symposium)
No full textRev. Monsignor Franklyn M. Casale\u27s welcome address for the 2008 Intercultural Human Rights Law Review Annual Symposium
The Dean\u27s Welcome Address
No full textDean Alfredo Garcia\u27s welcome address for the 2008 Intercultural Human Rights Law Review Annual Symposium
Embargo or Blockade - The Legal and Moral Dimensions of the U.S. Economic Sanctions on Cuba
No full textThis essay will evaluate the embargo and its consequences in three parts. First, it briefly sets out the Human Rights framework within which this work scrutinizes the embargo. Following it presents a brief history of Cuba-U.S. relations including the creation and progression of the economic sanctions the U.S. has imposed on the neighboring island. Next, the essay evaluates the legality of the sanctions and concludes with a critical analysis of the impact of the sanctions
The Pending Credit Card Debt Meltdown: What\u27s Happening in Your Wallet
No full textAIG, the sub-prime market meltdown, bailouts for the Big Three automakers-it would be nice if bad things really only came in threes. But there is another crisis looming on the horizon, burgeoning credit card debt. Indeed, a coalition of organizations has banded together to urge Senate leaders to protect credit card consumers as part of the bailout package. As an examination of the existing laws reveals, there is little or no control or oversight of credit card issuers. To date, the credit card companies have successfully avoided any detrimental federal legislation. Instead, credit card companies were the biggest beneficiaries of one of the most recent pieces of federal legislation: bankruptcy reform. This paper looks at how the credit card culture has developed and compares it to the harsh reality of credit card usage, especially in light of the extreme profitability of issuing and processing credit cards. Next, this paper reviews the existing Federal statutes that regulate or impact the companies that offer or process credit cards, along with the federal legislation that was proposed in the 10th Congress and the recent Federal regulations scheduled to take effect in 2010. Then, it explores the relationship between credit card debt and consumer bankruptcy. Finally, this paper looks at some specific proposals that may help stave off another potential meltdown in the financial sector
The United Nations Declaration on the Rights of Indigenous Peoples: Selected Issues
No full textBook: The Diversity of International Law: Essays in Honour of Kalliopi Koufa
This collection of essays pays homage to the multifarious and enduring work of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece. The volume brings together 37 contributions of renowned international law scholars from all over the world on a wide spectrum of important contemporary theoretical and practical issues. The essays reflect the multiple faces, the expanding scope and diversity of contemporary international law. Areas covered include the use of force, dispute settlement, international criminal law, international environmental law and, most notably, terrorism and human rights, areas on which the work of Professor Koufa in the United Nations and elsewhere has been particularly influential.https://scholarship.stu.edu/faculty_book_chapters/1026/thumbnail.jp
Citizenship, Civic Virtue, and Immigrant Integration: The Enduring Power of Community-Based Norms
No full textThis article, the result of two summers of ethnographic research in Lewiston and Auburn, Maine, attempts both to evaluate the merits and explore the consequences of different approaches to immigrant integration. It examines the impact that national citizenship norms and state and local integration policies have had on the Somalis’ experience in Lewiston while also exploring internal obstacles to the Somalis’ incorporation. Part II briefly reviews competing theoretical perspectives on citizenship, membership, and belonging. This Part explores the historic tension between a more liberal or pluralist view of citizenship, where loyalty to the \u27American Creed\u27 is viewed as compatible with religious and cultural differences, and a more nationalist, Anglo-centric, \u27core culture\u27 model, rooted in Christianity and the English common law that tends to characterize immigrants who do not share our national and cultural values as a potentially destabilizing force. Under yet a third model, multicultural accommodation, which has gained acceptance in Canada and is increasingly gaining adherents in the United States, ethnic groups living in cultural enclaves enjoy a certain degree of autonomy over their community’s internal affairs. Throughout this Article, I explore whether multicultural accommodation can co-exist with liberal and core culture approaches to immigrant integration.Part III examines how these different theories of membership and belonging are reflected in the naturalization case law on good moral character. Through most of the twentieth century, and notwithstanding the U.S. Constitution’s grant of power to Congress to establish a uniform rule for naturalization, the U.S. Immigration Service and many district court judges applied a community-based standard in assessing whether applicants met the good moral character requirement for U.S. citizenship. Much of the case law involved naturalization applicants accused of violating state mores legislation, including laws against adultery, fornication, homosexuality, bigamy, abandonment, and incest. In 1981, however, a Fourth Circuit decision led to an important shift in the law.. The court found that reliance on state sodomy laws as a basis for denying naturalization would defeat the Constitution’s uniformity requirement and adopted a federal standard for evaluating good moral character based on whether the conduct in question was \u27harmful to the public.\u27 In 1990, Congress transferred authority to decide naturalization petitions from the federal district courts to the INS. Yet, prior to this, a rich body of case law emerged that explicitly draws on ecclesiastic, common law, and philosophical sources, as well as the community’s moral values of the time. These earlier cases are more than just a reflection of a bygone era; they implicate the broader debate over whether state mores regulation is still appropriate and raise the question whether an applicant’s eligibility for naturalization should turn on the values of the particular community where he or she resides.Through a close study of the Somalis’ experience in Lewiston, Part IV of this Article explores the impact of external and intragroup barriers on the process of incorporating an immigrant or refugee group into the social fabric of a community. It first investigates the factors that led a large segment of the Somali refugee community that the U.S. government had resettled in major urban cities across America to choose to relocate to Lewiston, Maine. It then examines the initial reception of the Somali refugees by the people of Lewiston and the circumstances that led to a series of crises within the town. This section then analyzes continuing barriers to the Somalis’ incorporation. It first addresses external barriers at the federal, state, and local levels before addressing intragroup barriers, including isolationist tendencies within the Somali community, ongoing rivalries among the major clans and subclans, subordination of women, and discrimination against minority and low-caste clans. The Article concludes in Part V by examining the barriers to citizenship and immigrant integration that are created by the interplay among national citizenship norms, state, and local integration policies, and the norms and dynamics internal to immigrant communities themselves
Natural Law, State Interest, and Economic Embargoes
No full textRemarks by Antonio Jorge entitled Natural Law, State Interest, and Economic Embargoes
The Effectiveness of Economic Sanctions: The Case of Cuba
No full textThis paper starts with a review of more recent scholarship on the effectiveness of economic sanctions, with a particular focus on the question of whether sanctions succeeded in promoting respect for human rights and democracy. On the basis of available evidence, this will lead to some concluding remarks on those aspects which are likely to make economic sanctions a successful foreign policy tool. We will then look at the case of Cuba and the impact of the U.S. embargo and existing economic restrictions. A concluding chapter will finally suggest a number of general policy lessons for the U.S. and the E.U