STU Scholarly Works (St. Thomas University)
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Human Security or State Security - The Overriding Threat in Trafficking in Persons
No full textTrafficking in persons is a violation of human rights that mainly affects women and children. For this reason, it should be recognized not only as a crime against the state but as a crime against the individual that poses a threat to human security. This paper will inquire into how national legal systems take into consideration the concept of human security in designing the appropriate legal response to trafficking in persons. This paper will focus on the following issues: personal security and safety versus human security; the methods that can be employed by legislation to protect the rights of a trafficking victim; causes of human insecurity; trafficking in persons as a threat against the individual, not the state; recognition of all forms of trafficking; confronting all actors in the trafficking enterprise; and the involvement of NGOs and civil society in the fight against trafficking in persons. I will argue that understanding the real threat in cases of trafficking in persons affects the rules that a legal system must incorporate to combat the problem
Consumer Fraud Victimization in Florida: An Empirical Study
No full textDefined in general legal terms, fraud refers to [a] knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. \u27 More specifically, consumer fraud is a form of economic crime that involves some form of communication between victim and offender, and includes the deliberate deception of the victim with the promise of goods, services, or other benefits that are nonexistent, unnecessary, were never intended to be provided, or were grossly misrepresented. This form of illegal activity is a serious problem in the United States. Recent estimates show that nearly one-half of American adults have been targeted for some form of consumer fraud. Approximately twenty-five million of those targeted by fraudsters, or, alternatively stated, 11.2% of the American adult population were victimized in 2004. In terms of financial loss, consumer fraud costs victims approximately 680 million dollars annually. These alarming statistics underscore the need for a comprehensive understanding of consumer fraud victimization. Toward this end, the research presented in this article addresses several important consumer fraud concerns. Section II, Consumer Fraud Victimization, begins with an overview of Federal and State of Florida Legislation pertaining to consumer fraud, including a discussion of the history of legal policy efforts. Previously conducted consumer fraud research, including types of consumer fraud, victim vulnerability, and victim reporting, are also reviewed in this section. Section III describes the sample and methodology of the inaugural (2004-2005) Florida Consumer Fraud Survey. An analysis of these data is presented in Section IV, which is followed by a discussion of the study\u27s implications for future research and public policy in Section V
Florida Property Law: Possession, Estates, and Tenancy Volume 1
No full textFlorida Property Law adds two innovative features to the traditional mode of teaching the basic property course ― a learning-by-doing approach and a focus on the law of one jurisdiction. In order to provide students with a deliberative learning-by-doing approach, this book is designed to present a hypothetical problem in advance of class so that the student can prepare an answer on his own for later discussion and evaluation in class. Each problem in the book is designed to be solved by reading, analyzing and applying the cases and materials that accompany it. Speed of analysis is no longer a primary factor for success in the classroom. The problems are more complex than those presented ad hoc by the teacher in class, and emphasis is now placed on the student\u27s proactive analytical abilities to solve issues on her own.
The five chapters in the book that are devoted to estates and future interests are designed with problem sets instead of hypothetical problems. This area of the law is best learned by working through several short fact patterns rather than the long fact pattern found in the hypothetical problems. Answers to the problem sets are provided at the end of each chapter.
A second feature of this book, in addition to the problems and problem sets attached to the chapters, is the adoption of cases and materials primarily within one jurisdiction to expound the law. The traditional assignment of cases from several jurisdictions gives the impression that we have one common law jurisdiction when, in fact, each state has its own. Only by studying the law of one jurisdiction consistently can one start to appreciate law as a well-integrated whole, each of whose parts is dependent on the rest. Only within the context of a single jurisdiction does the law truly become a seamless web.
Florida is an ideal jurisdiction to study because most of its law conforms with the rules and principles of property law that are generally accepted throughout the states. When a rule or principle differs radically from the rest of the states, that fact is indicated. When a rule or principle to govern a particular issue is undecided in Florida, cases from other jurisdictions are offered to provide an opportunity for students to argue policy reasons for or against adoption of the rule in Florida. This absence of law on a particular point of law in Florida makes the policy argument real in the sense that it will probably have to be made one day in the Florida courts or legislature.https://scholarship.stu.edu/faculty_books/1020/thumbnail.jp
The OSCE and the Struggle against Human Trafficking: The Argument for a Comprehensive, Multi-Pronged Approach
No full textRemarks by Helga Konrad, Special Representative on Combating Trafficking in Human Beings, Organization for Security and cooperation in Europe (OSCE) and former Austrian Federal Minister for Women\u27s Issues, entitled The OSCE and the Struggle against Human Trafficking: The Argument for a Comprehensive, Multi-Pronged Approac
Front Matter
No full textFront Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 19, Issue 1, Fall 2006
Front Matter
No full textFront Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 1 (2006)
The Miami Declaration of Principles on Human Trafficking: Its Genesis and Purpose
No full textThe Miami Declaration of Principles on Human Trafficking: its Genesis and Purpose by Roza Pati, Executive Director of the St. Thomas University School of Law Graduate Program in Intercultural Human Rights
The President\u27s Welcome Address
No full textRev. Monsignor Franklyn M. Casale\u27s welcome address for the Invisible Chains: Breaking the Ties of Trafficking in Humans Symposium on November 12, 2004
The Diminishing Prospects for Legal Immigration: Clinton through Bush
No full textThis article attempts to provide a thumbnail sketch of the major changes in immigration law and the political underpinnings attendant thereto in both the Clinton and Bush administrations. Having witnessed and felt these changes on a professional level, there remains little doubt in my own mind that the prospects for legal immigration since the mid 1990\u27s have been diminished substantially