STU Scholarly Works (St. Thomas University)
Not a member yet
1001 research outputs found
Sort by
Indigenous Rights to Traditional Knowledge and Cultural Expressions: Implementing the Millennium Development Goals
No full textIndigenous Rights to Traditional Knowledge and Cultural Expressions: Implementing The Millenium Development Goals Reflections on Intellectual Property, Traditional Knowledge and Cultural Expressions by Valerie J. Phillips, Assistant Professor of Law at University of Tulsa College of Law
The President\u27s Welcome Address
No full textRev. Monsignor Franklyn M. Casale\u27s welcome address for the Indigenous and Minority Languages Under Siege: Finding Answers to a Global Threat, Eighth Tribal Sovereignty Symposium
Privacy Issues in the 21st Century
No full textThis speech was presented on March 13, 2008, at the National Conference of Law Reviews in Hollywood, Florida
Foreword Latcrit XII - The Critical Locality and the Processes of Community
No full textThe foreword to each annual LatCrit Conference Symposium is a document that generally attempts to situate the current Symposium within the parameters of LatCrit and outsider jurisprudence discourse. In addition to examining the role that the current Symposium plays in the elaboration of LatCrit theory and praxis, part of the task of the foreword calls for reflection on the evolution of the LatCrit project and its future development. This foreword will examine the relationship of the Symposium contributions to the themes of LatCrit XII and to the perennial issues that LatCrit conferences and theory attempt to engage. This foreword, however, will attempt to be illustrative rather than comprehensive. Its goal is to encourage readers to engage in personal explorations of the literature and, hopefully, to determine ways in which they can contribute to the project. LatCrit, both as a discourse and as a community, is committed to remaining a work in progress, striving toward the development of theory and policy interventions that expose and alleviate processes of subordination. Everyone with similar aspirations is encouraged to join us on this adventure
Promoting Human Rights through Indigenous Language Revitalization
No full textThe National Geographic Society\u27s Enduring Voices project notes that about every two weeks another language dies, taking millennia of human knowledge and history with it. Writing in The Wall Street Journal, John J. Miller declared that the increasing pace of language death is a trend that is arguably worth celebrating ... [because] age-old obstacles to communication are collapsing and primitive societies are being brought into the modern world.2 However, many speakers of these languages lament their losses and see their identities threatened, as their mother tongues represent their links to their Creators. In the United States and many other countries of the world, indigenous languages are being threatened; especially by the schools their children attend, which are usually conducted in the national language and suppress, or, at best, ignore indigenous students\u27 mother tongues
Front Matter
No full textFront Matter includes the Table of Contents for St. Thomas Law Review Volume 21, Issue 1, Fall 2008
Cultural, Ethnic, and Religious Fragmentation
No full textThis stream of contemplation centers around a realm of diverse and stimulating essays with themes ranging from religious persecution to an equally appreciated discussion on the nexus between food and international trade agreements. The essays draw from the Latino and Latina Stories, History, Law, Race, and Religion Panels. Further, presentations stem from the Coalition Building Panels in which the Global and Local Panels scrutinize Indigenous communities\u27 confrontations with racial superiority problems that are veiled under the guise of an educational model. Reflecting a fundamental priority to engage the locus of Conference sites, this Cluster encompasses international human rights constructions from the LatCrit XII Caribbean Criticalities Panel. Finally, this Cluster includes a racial based identity essay that connects with impoverished communities facing asymmetrical and harm-inducing trade agreements
Legal Aspects of Animal Sacrifice within the Context of Afro-Caribbean Religions
No full textAnimal sacrifices are at the core of many religious rituals within the context of Afro-Caribbean Belief Systems. These religions, also known as New World religions, are a mixture of Catholic and pre-Christian African beliefs, among them Cuban Santeria, Palo, and Haitian Voodoo. Cuban Santeria is also known as Yoruba, Lukumi, and Regla de Osha\u27 The ritual animal sacrifices found within the context of these religions follow guidelines similar to those of Muslim and Kosher Jewish practices. Only the healthiest animals are chosen as offerings to the gods or orishas. The ritual sacrifice happens in a swift manner to allow for the quick draining of the animal\u27s blood since the blood is the main part of the offering. Ritual animal sacrifices in Afro-Caribbean religions must be conducted by an ordained priest or priestess trained in the practice of animal sacrifice. In Cuban Santeria, this training culminates in a ceremony known as pinaldo. Pinaldo is also the name given to the sacrificial knives. Moreover, the sacrificial animals are obtained from two different venues. The larger animals are purchased from farm wholesalers. The smaller ones, usually doves, are obtained from botanicas, which are religious goods stores for New World religions. Botanicas can be found in any U.S. city with a significant Afro-Caribbean religious congregation. The meat of the sacrificed animals must be cooked according to strict religious rules such as the cooking utensils used to stir the meat of one sacrificed animal cannot be dipped into a pot containing the meat of a different animal. These rules obey a religious taboo that ordains that those initiated under the protection of a particular orisha, which is the general name for the Afro-Caribbean deities, cannot consume the meat of an animal identified with that deity; transgressions bring negative repercussions to the offender. Padrino and madrina de santo, which translates from Spanish to Godfather and Godmother, teach their new ahijados and ahijados, which translates from Spanish to godchildren, the ways of the orishas via an oro-kinetic language. Not all followers of New World religions are initiated into the priesthood, and only those who have undergone initiation can attend and partake in ritual animal sacrifices. However, all others who share these belief systems can share in the consumption of meat from sacrificed animals. These meats contain the blessings of the individual orisha to whom the animals were offered, and as such, carry positive energy, known as ashe. The feast that follows is attended by initiates and followers alike. The communion of sacrificial animal meat takes place during a feast where drumming is offered to the African deities; each Orisha has a distinctive drum beat. All drumming must cease before sunset. Afro-Caribbean religions were practiced in secrecy in their countries of origin because these were originally the beliefs of the poor and dominated classes, such as African slaves. These religions were viewed by the dominant class as backwards, ignorant, and superstitious beliefs that stood in opposition to the conversion efforts of Catholic priests. Consequently, these religions have been associated innocently and purposefully with dark magic for centuries. Afro-Caribbean religions are not centralized, and they do not worship in temples erected to that effect. Priests and priestesses belong to what is known as a Familia de Santo, a form of familial/religious congregation. Worship takes place in the home of the Familia de Santo\u27s main priest. Each Familia de Santo operates independently from the others. The Pichardos, a Familia de Santo from Hialeah, Florida, and whose members were of Santeria\u27s Priesthood class, attempted to centralize the religion in the 1980s. As a result, a confrontation ensued between Hialeah residents, city officials, and the Pichardos. In the wake of the Cuban Revolution, a significant number of Cubans migrated to the U.S. with peak migration occurring during the Mariel Boat Lift. Most Cubans settled in Florida, New Jersey, and New York.3Some brought with them the faith of the orishas. These migrants encountered laws in the U.S. that protected their freedom of religious worship. These laws enabled the migrants\u27 religion to gain visibility with respectability. However, a segment of Cuban migrants continued to oppose the practices of Afro-Caribbean religions, perpetuating the negative connotations adjudicated to these beliefs in their country of birth
National Identity and Immigration Policy in the U.S. and the European Union
No full textThis article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part II discusses different integration models and experiences in the U.S. and the European Union. Part III then considers the extent to which these different approaches can be explained by i) domestic law and legal norms; ii) different discourses on integration; iii) the connection between national and supranational forms of belonging and identity; and iv) the relationship between citizenship and immigration policy. I argue that despite encouraging efforts underway in Europe, ultimately the U.S. stands the best chance of succeeding in effectively integrating newcomers into society. For integration of immigrants to be truly successful, EU member states must learn that successful integration depends not just on having a comprehensive integration policy with benchmarks but on providing meaningful access to citizenship. In the U.S., in turn, integration policy must be defined not only in terms of eligibility for naturalization; it must ensure that residents enjoy, as far as possible, the same legal protections as U.S. citizens
Manipulating Public Debate: Using the Patriot Act to Keep Out Foreign Scholars
No full textThis paper will argue that the new exclusion provision violates the First Amendment right to receive information and ideas by blacklisting foreigners who express disfavored political views. The Bush Administration has routinely utilized its powers to stifle dissent and to manipulate the public debate over political issues. This signifies a reemergence of the system of ideological exclusion prevalent during the Cold War. By preventing foreign scholars, poets, artists, musicians, and others with unique talents and perspectives from entering our borders, the government restricts public access to such views and information in contravention of the First Amendment. First, this paper will set forth a brief history of ideological exclusions. It will then provide a synopsis of recent cases in which foreigners were not permitted to enter the United States to accept university teaching positions. Next, this paper will argue that the new exclusion provision violates the constitutional right to receive information and ideas from foreigners in person. The provision bars protected speech on the basis of its content, in violation of the First Amendment. Government authority to proscribe speech in the name of national security is by no means absolute and is unable to withstand strict scrutiny in this case because lesser restrictive alternatives exist. This paper will then argue that the new exclusion provision fails the Mandel standard articulated by the Supreme Court in Kleindienst v. Mandel. Under Mandel, courts will defer to the State Department\u27s decision to exclude an alien based on any facially legitimate and bona fide reason. However, excluding an alien solely on the basis of the content of his speech is not a legitimate reason for exclusion. Later, this paper will argue that the new exclusion provision is unconstitutionally vague because it burdens an extraordinary amount of protected speech. The provision allows the Secretary of State too much discretion to silence dissenting views and could allow the administration to manipulate political debate by barring individuals who espouse certain points of view from entering our borders. As a consequence, the Patriot Act could deter universities from inviting to speak or offering faculty positions to foreign scholars with intriguing and valuable ideas based upon a concern that some statement made by the scholar in the past would be categorized as an irresponsible expression of opinion. Finally, this paper will posit that immigration policy in the educational context requires a balancing between two competing aims: (i) facilitating academic freedom and (ii) judicial deference to legislative judgment in immigration decision. This paper will examine the effect on universities where foreign scholars are barred from entry. This paper will conclude that the First Amendment protects the addressees\u27 right to meet face-to-face, discuss, debate, and interact with foreign scholars, and that where no compelling interest exists to exclude such activities or less restrictive alternatives exist, the government should not be allowed to exclude these foreign scholars