STU Scholarly Works (St. Thomas University)
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The 1951 Convention and the 1967 Protocol Relating to the Status of Refugees: Evolution and Relevance for Today
No full textOne may justifiably wonder why the relevance of the 1951 Convention relating to the Status of Refugees, ( Convention ), which has been called alternatively a Bill of Rights for Refugees and a Magna Carta for Refugees, would be made an issue in a discussion on refugee law. The fact is that it became quite fashionable in some circles within the refugee advocacy community in the late 1980\u27s and early 1990\u27s to boldly claim that the 1951 Convention (its Protocol was rarely mentioned in this context) was no longer relevant to most refugee situations. Such a claim continues to be made today, though less vehemently. In this respect, the lesser vehemence is perhaps due to the evolution of the 1951 Convention and its Protocol (or more precisely the evolution of the international legal regime of which they are an integral part) and to the final realization that it is most unlikely that anything better would come out of any attempt to upgrade or replace these international instruments. Yet, some have argued that the Convention was in fact never relevant to certain refugee situations, meaning the situations of largescale influx that have characterized our world in the past several decades. This claim refers mostly to the fact that these large-scale displacements, which occurred during and between the two World Wars and then later during and after the period of decolonization that followed and well into the twenty-first century are not amenable to the application of the Convention refugee definition either before or even after it was modified by the 1967 Protocol, due to its focus on the notion of persecution. This view, which focuses on the Convention\u27s refugee definition, is said to be out of step with our times by being too narrow, too concerned with persecution, and not in tune with the plight of the overwhelming majority of contemporary refugees, who are the victims of large-scale international or (increasingly) communal violence
Making Sense of the Right to Truth in Educational Ethics: Toward a Theory and Practice that Protect the Fundamental Interests of Adolescent Students
No full textIn this article, we address the theoretical issues, both ethical and purely philosophical, of truth as a human right for adolescent students in public secondary schools. As for the purely philosophical aspect, this concerns ontology which raises the question how can truth exist, while epistemology asks how can people acquire the truth. While the right to truth can also be substantiated by ethics, it would not make sense to advance this right unless truth referred to a reality that humans have access to. On our premises, the right to truth is a right to know all education relevant facts which at the same time constitute enabling conditions for the purpose of actualizing one\u27s potential as an individual and, with this, securing self-actualization. Analytically, the enabling conditions overlap with the fundamental interests of adolescent students. Furthermore, on our premises, the right to truth is an integral part of quality education. It is unfortunate, therefore, that only international law expressly recognizes the right to education. Whereas certain international conventions include the right of access to education, they do not bind ratifying States to a specific educational structure. Notwithstanding, in the context of ethics we lament violations because these are symptoms of a larger problem. For example, grade inflation is not just about giving a grade that is higher than the student deserves, it is also first and foremost about treating adolescent students as equal members of humanity
Regulating Human Tissue Banks
No full textThis paper will give a general overview of the tissue bank industry from its beginnings to the present day. It will address the regulations promulgated by the FDA, laws enacted by states, and the guidance provided by the American Association of Tissue Banks. Finally, it will discuss and suggest further regulations and standards that are needed as the industry grows
Nunavut: The Road to Indigenous Sovereignty
No full textRemarks by The Honorable Paul Okalik, Premier of Nunavut entitled Nunavut: The Road to Indigenous Sovereignty
New Modalities of Sovereignty: An Indigenous Perspective
No full textRemarks by June McCue, University of British Colombia Professor of Law, entitled New Modalities of Sovereignty: An Indigenous Perspective
Reconciling The Public Policy Exception to Enforcing Contracts with Title VII’s Public Policy on Disciplining Harassers
No full textThis article looks at the evolution of the public policy doctrine and its effects on Title VII when unionized employees are dismissed for harassment. Some writers have questioned whether the Court eliminated the public policy exception by defining it so narrowly. But, the focus of commentary has been on the effects of the Eastern decision in the traditional collective bargaining context where the need to limit judicial involvement is great. However, the public policy doctrine\u27s impact is no longer limited to traditional contract issues that are unregulated. As a result, the doctrine\u27s impact on the operation and goals of Title VII is worth addressing
The First Amendment and State Regulation of In-Person Solicitation of Public Accounting Services
No full textThis article will discuss the history of the commercial speech doctrine as part of the First Amendment, its past and present protection, and the current test applied to state regulation of commercial speech, concentrating on state regulation of in-person solicitations of professionals, like attorneys and CPAs. This article will further discuss the reasons why an attorney\u27s in-person solicitations can and should be regulated by the states, and why the same reasons apply to CPAs. Additionally, this article will discuss the United States Supreme Court\u27s 1993 decision, Edenfield v. Fane, where the Court held that states cannot regulate in-person solicitations of public accounting services, and this author\u27s proposal that the case was wrongfully decided. Finally, this article will present factors and a sample statute for states to consider when regulating in-person solicitation of CPAs and other professionals, as well as how to implement this regulation consistent with the First Amendment
Minority Groups and Intimate Partner Violence: A Selected Annotated Bibliography
No full textThis bibliography is designed to be an introduction to the topic of domestic/intimate partner violence within the broad definition of those traditionally identified as minority groups. Towards that end, the selected annotations cover African American, Asian, Disabled, Immigrant, Latina, and Native American populations. It is intended to be of use to the researcher who will be working with any or all of these populations, and who has little or no previous exposure to the additional challenges a member of a minority group may encounter as a victim of intimate partner violence
The American Government: Cuba\u27s Best Marketer for Its Cohiba
No full textIn early 2006, the United States Government indicted five men from South Florida for the conspiracy to traffic and the intentional trafficking of counterfeit cigars under the federal Counterfeit Trademark Act. The indictments allegedly protect cigar trademarks of American and international companies registered with the United States Patent and Trademark Office. However, the indictments are mere furtive attempts by the Government to protect the property rights of the true owners of the marks, a Spanish corporation, Altadis, S.A., which happens to be the world\u27s leading cigar manufacturer and part owner of Habanos, S.A., a Cuban cigar manufacturer owned by the Castro government. Protecting Altadis\u27, and thereby the Cuban government\u27s, property interests clearly would be in direct violation of the United States Embargo against Cuba. How can the Government circumvent this legislation, thereby rendering it obsolete, by misleading federal courts into hearing cases they otherwise have no jurisdiction to hear? This comment will address the implications of the Government\u27s actions in the continued prosecution of defendants for the violation of trademark rights that are inherently unprotected under federal law. First, it will examine the legislation set forth by Congress to implement a stem public policy against Castro\u27s Cuban government. Next, against the foundation laid by this legislation, the comment will discuss the prosecutions pending in the Southern District of Florida, proposing that unless a federal court declares the Embargo, or any other similar restrictive legislation, unconstitutional, the court must follow its incumbent duty to say what the law is, and hold that a trademark supposedly owned by the Cuban government, or any of its agents, constitutes an interest that has been made legally void, based on the protection of the true owner\u27s property interest
