STU Scholarly Works (St. Thomas University)
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Indigenous Languages under Siege: The Native American Experience
No full textHow have Native American languages, like the languages of other indigenous peoples around the world, arrived at this crisis stage? Is this simply the result of the passage of time, in an environment in which non-Native American society\u27s sheer numbers, and its ever-present English-language media, including the cultural nerve gas of television, inevitably swamp Native American languages and lead to their replacement by English? Or has this situation resulted from more deliberate action on the part of the dominant society, acting through its laws and other mechanisms of government power? We should also ask, given that so many Native American languages are threatened with extinction today, what can and should be done about this situation? In particular, what role can and should the government of the United States play in stabilizing, preserving, and even revitalizing Native American languages? In this article, I would like to share some thoughts on the answers to these questions. First, in Part I, I discuss the history of the U.S. government\u27s policy toward Native American languages, to see how the laws of the past contributed to the threats posed to Native American languages in the present. Situating the current issue of language preservation in this historical context promotes not only an understanding of how the present situation arose, but also suggests a responsibility on the part of the U.S. government to make a meaningful effort to remedy the devastating contemporary effects of its past policy toward Native American languages - a policy that the government itself has disavowed. After this examination of the law of the past, Part II moves on to consider the law of the present, to see how current U.S. law addresses Native American languages, most notably through the Native American Languages Acts of 1990, 1992, and 2006. Finally, Part III discusses the responsibility of the U.S. government to take on a greater role in fostering the preservation, stabilization, and revitalization of Native American languages
U.S. Patent Reform and International Public Health: Issues of Law and Policy
No full textWhile technology continues to advance in many countries, the developing countries of the world are still playing catch-up. Technological progress is a key element of economic development, but only when adapted properly and affordably to meet the needs of the recipient country and population. However, development plans involving technology transfers to developing countries often encounter difficulties in the form of conflicting private sector patent\u27 interests, inter-governmental bureaucratic inertia and misplaced or minimal technological investment. Of primary concern is the lack of access to affordable pharmaceuticals and medical treatments created by a mixture of expensive medical/pharmaceutical research, overreaching profit-seeking, and diminishing global property rights. Unfortunately for the well-meaning development professionals already struggling with the tensions between the need for both medicinal technology transfers and intellectual property protection, greater barricades to disease treatment and access to medicine loom on the horizon. A way out of this dilemma is presented
Wither the Jury Trial
No full textThis speech was presented on March 13, 2008, in Hollywood, Florida, as part of the National Conference of Law Reviews
Front Matter
No full textFront Matter includes Masthead, and Table of Contents for St. Thomas Law Review Volume 20, Issue 3, Spring 2008
0.45% Cosmopolitan
No full textMiami is the most cosmopolitan city in the world. In 2000, 74.6% of its population spoke a language other than English at home and 59.5% were foreign born. Today, this percentage may be even higher. After a short exhilarating visit, one feels like celebrating cosmopolitanism; joining in the ongoing viva for more extended world migration; hybridization into one world culture; greater universal democracy; and last but not least, some form of world citizenship with attendant legal rights. At the risk of being an ungrateful guest, this article will put a damper on all such hurrahs. Pressing for cosmopolitans\u27 identities to become the norm is an impossible dream. To do so would lead to a further deterioration of the world\u27s welfare. Not to say that cosmopolitanism is without its charm, this article only claims that the very charm it harbors should not sweep the world off its feet
Witches and Communists and Internet Sex Offenders, Oh My: Why It Is Time to Call Off the Hunt
No full textPart I of this Comment will examine the events in Salem which brought the phrase witch hunt into the public vocabulary. Part II will focus on Joseph McCarthy\u27s ability to convince a nation that Communists had infiltrated this country and had to be stopped at any cost. Part III of this Comment will shed light on the truth concerning internet sex offenders and the role the media has played in fostering the hysteria surrounding them. Part IV will show how this most recent witch hunt has influenced lawmakers to move from punitive to preventative measures. Part V will seek to answer the question, What can be done to call off the hunt? It is important to note that this Comment does not seek to condemn the efforts made by law enforcement to apprehend sex offenders before they hurt children. What this Comment seeks is to examine the way in which often unfounded fears can influence lawmakers and condemn the ways in which the laws have moved from punishing those who act on their thoughts, to punishing those who merely think them. Although witches take a different form today, the fundamental disregard for due process rights remains the same. History teaches us that, even in the face of hysteria when it is not fashionable to disagree with the majority, what this country needs is a strict adherence to a code of laws which uphold the due process rights of all Americans
The National Conference of Law Reviews Symposium Issue
No full textThe articles in this issue contain a common thread: the importance of the enduring values embedded in our Constitution, especially during times when our country confronts challenges that threaten the security of its citizens. In a thoughtful retrospective, one author reminds us of the continuing struggle of the civil rights movement to bring to life the concepts of equality and due process, which form the core of our collective and individual freedoms. It is my honor to distill, in this introduction, the lessons embodied in the penetrating and thought-provoking pieces that comprise this volume
Defending the Rule of Law
No full textThis speech was presented on March 15, 2008, at the National Conference of Law Reviews in Miami, Florida
Exploring The Limits of Executive Civil Rights Policymaking
No full textThis article evaluates official executive acts and their impact on black life since the civil rights revolution of the 1960s. It scrutinizes executive support for and opposition to black civil rights through treaties, constitutional provisions, statutes, executive orders and proclamations, and other official conduct. The article evaluates whether activism by the chief executive can help set the mood of the nation either in the direction of racial cooperation or division. Conversely, it considers whether a national mood of tolerance must first exist before a president who supports racial equality can act
Intellectual Property and Traditional Cultural Expressions: A Synopsis of Current Issues
No full textIn the context of copyright law, this article will lay out the differences between Berne Convention tenets and the ideals of a prospective TCE-based legal instrument. It will then go on to outline and comment on current sui generis laws and other approaches that incorporate various aspects of existing Western laws. The TCE topic is highly sensitive and does not cover a homogeneous set of interests. As such, a one-size-fits-all instrument may be very difficult, if not impossible, to distill. The international discussion, at the very least, brings these issues under scrutiny and encourages debate as to a wide range of possibilities. Integral to this discussion, however, is a unified vocabulary. The definition of TCE protection, for example, has yet to be agreed upon