STU Scholarly Works (St. Thomas University)
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Coastal Kingdom, a New Vehicle for Teaching Property: How I Became Queen for More than a Day
No full textThe creation of Coastal Kingdom, as described in the following sections, is my attempt to maximize the limited time that the students spend in a first year survey course by emphasizing infusion and rigor
Strategies for Combating Human Trafficking within the United States, Canada and Mexico
No full textRemarks by Dorchen A. Leidholdt, Director of the Center for Battered Women\u27s Legal Services at Sanctuary for Families, entitled Strategies for Combating Human Trafficking within the United States, Canada and Mexico
FOIA in the Aftermath of 9/11
No full textNaturally, the events of 9/11 raised serious concerns about the availability of certain types of government records. The ability of America\u27s enemies to gain access to information which could then potentially be used in future attacks brought to the fore questions about where to draw the line between openness in government and guarding against terrorist activities. In its broadest terms, the impact of 9/11 on the FOIA can be seen in two ways. The first of these has been greater deference on the part of courts in FOIA cases toward government agencies withholding certain types of information. This has not necessarily required new developments in the law, just a modification in the application of previously established rules. As will be discussed in greater detail below, this greater deference by the courts is not unique to the post-9/11 world, but is consistent both with a general hesitancy by the judicial branch to interfere with the judgment of the executive and legislative branches on matters related to national security, and with greater deference by the courts to the other branches during times of war or other threats to national security. The second way the impact of 9/11 on the FOIA can be seen is through the application of new rules and the development of new categories of FOIA law with regard to Exemptions 1, 2, 7E, and 7F. Rather than just being new, more government-friendly applications of prior precedent, here the government has sought, to some degree, to establish new categories as a means of giving greater protection to certain classes of records. However, even here it should be noted that the groundwork for these types of changes was present in pre-9/11 FOIA law. This second impact has perhaps been the more important development for the FOIA. But this article will consider both types of changes to the FOIA landscape
Can Consumer-Driven Health Care, Health Reimbursement Arrangements and Health Savings Accounts Save Employer Sponsored Health Care from Ruin
No full textEmployer sponsored health care programs have been in crisis for over ten years because, year after year, health care costs and premiums continue to increase faster than inflation. Employers have tried a number of solutions, but nothing seems to stop the trend. Between 2000 to 2006, premiums for family health coverage increased by 87% compared with general inflation growth of 18% and wage growth of 20%.2 Employee spending for health insurance coverage increased 126% between 2000 and 2004. Since 2001, the employees share of health insurance costs have soared 63% for single coverage and 58% for family coverage.3 For 2006 the average annual premiums for health care coverage rose to 11,480 for family coverage. A direct impact of increasing health care costs and premiums is that the percentage of employers offering health care benefits to their employees has fallen significantly, from 69% to 61%, over the last six years. The percentage of small businesses offering health coverage is plunging even more sharply. Among employers with between three and nine workers, 48% offered health benefits in 2006, down from 68% in 2000. For 2006, it is estimated that health care costs will continue to increase at a rate of 7% to 12%. The following discussion will review the reasons for health care cost and premium increases, the impact that these increases have had on the economy, and the ways employers have attempted to reduce health care costs while continuing to offer health care coverage to employees and dependents. One health care delivery system that has been recently touted as being the best way to reduce health care costs is consumer-driven health plans ( CDHPs ). The following will examine how CDHPs work, how they reduce costs, what advantages they offer employers, and their shortcomings. A vital part of any CDHP is either a Health Reimbursement Arrangement ( HRA ) or a Health Savings Account ( HSA ). Each will be examined in detail. HSAs are very important because President Bush has made their expansion the centerpiece of his administration\u27s health reform measures. There are also several proposals in Congress to expand the use of HSAs. In examining HRAs and HSAs, this article will review how they work, their advantages, and their shortcomings, and will conclude this discussion by offering some thoughts and observations
An Overview of Post-Disaster Fraud
No full textLadies and Gentlemen, good afternoon. I wish to thank you and tell you how much I appreciate this opportunity to speak with you today. I have been asked to provide an overview of Post-Disaster Fraud from the perspective of local law enforcement: the who, what, when and why. I will be discussing the types of fraud, what to expect as a result of the disaster, and how local law enforcement can respond. You may be asking yourselves why I have been asked to address you on this topic. Let me provide you some personal background. I am an Assistant State Attorney in the Miami State Attorney\u27s Office, and have been for twenty-seven years. I am currently Chief of the Economic Crime Division. Before that, I was an Assistant District Attorney in the Bronx District Attorney\u27s Office. I am standing before you for one simple reason - Hurricane Andrew. When the problems arose following Hurricane Andrew, the Miami State Attorney\u27s Office was the recipient of thousands of hurricane-related fraud complaints. As a result, we were forced to develop an expertise in the area of post-disaster fraud. While the problems caused by Hurricane Andrew do not compare to the widespread devastation caused by Hurricane Katrina, I believe that our experiences after Andrew provide a valuable tool to assist in understanding and addressing the problems that can arise in the aftermath of such disasters
Who Should Pay the Human Price of Every Day Low Prices ?
No full textThis comment will provide an overview of Wal-Mart\u27s more questionable (and, in many cases, illegal) employment practices, with a focus on both labor violations and a deficient health care plan. It will address some of the negative effects that Wal-Mart\u27s health benefit policy has on American taxpayers. The comment will then turn its focus to the possibility of a return to unionization in the private sector as a means of acquiring adequate pay and better benefits for Wal-Mart workers. This discussion begins with an outline of the basic provisions of the National Labor Relations Act ( the Act ) and continues with data which shows a direct and substantial correlation between unionization and higher pay and better benefits. Next will follow a discussion of Wal-Mart\u27s staunch antiunion stance, including recent violations found by the National Labor Relations Board ( NLRB ), illustrating the need for increased penalties and other enhancements to the Act to ensure employer compliance with the law and provide employees with safeguards when employers refuse to bargain with a duly-elected collective bargaining unit. The comment will outline a current legislative proposal which addresses some of these needs, including a discussion of the probable effects of the amendments, should they pass. In sum, the comment will show the necessity for consistent and aggressive legislative, employee-based, and media pressure on Wal-Mart in a manner which may effectuate much-needed changes to its employment practices and, hopefully, those of similarly situated employers
Escape to Freedom: A Former Slave\u27s Story
No full textRemarks by Francis Bok, (Former child slave from Sudan. In 2000, Mr. Bok became the first escaped slave to testify before the Senate Committee on Foreign Relations in hearings on Sudan.) entitled Escape to Freedom: A Former Slave\u27s Story
Addressing the Scourge of Human Trafficking: The Challenge Ahead
No full textRemarks by Roza Pati, Executive Director of the Graduate Program in Intercultural Human Rights, at St. Thomas University College of Law
Between a Sharp Rock and a Very Hard Place: The Trafficking Victims Protection Act and the Unintended Consequences of the Law Enforcement Cooperation Requirement
No full textThis article will examine whether it should be mandatory for victims of severe forms of trafficking to cooperate with law enforcement agencies in order to be eligible to receive critical victim protections. As part of this examination, this article will introduce the landmark TVPA, as amended by the TVPRA and VAWA, and in particular TNS, otherwise known as the T Visa provisions. Second, this article will analyze the practical application of the requirement, which mandates that victims of severe forms of trafficking must comply with all reasonable law enforcement requests to be eligible for a T Visa. Finally, this article will argue that survivors of trafficking, who have proven to authorities that they escaped the threat of violent criminals, demonstrated their previous enslavement, and established that they will face extreme hardship involving severe and unusual harm if removed from the U.S., should not be required to cooperate with U.S. law enforcement in order to receive critical services and protection