STU Scholarly Works (St. Thomas University)
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Big Boats, Big Crews, the Biggest Seas and Little Licenses - Exposing the Regulatory Paradox Allowing the Existence of the Uninspected Fish Processing Vessel
No full textThis article explores the regulatory paradox allowing these large, crew-intensive vessels, operating in extreme maritime conditions, to be classified as uninspected vessels. Section I of the article explores the legislative history of the current regulatory scheme and its possible relationship to the Magnuson Act while Section H examines the difference in the qualification requirements between crewmembers on inspected and uninspected vessels Section III considers any possible mitigation of safety discrepancies between inspected vessels and uninspected fish processing vessels because fish processing vessels require certification by the American Bureau of Shipping. Finally, section IV briefly examines the significance of the fishing industry\u27s exemption from the requirements of STCW
The Universal Declaration of Human Rights and the Domestic Courts
No full textAs we approach the Fiftieth Anniversary of the adoption of the Universal Declaration of Human Rights by the General Assembly of the United Nations, it is fitting to commemorate that historic event, and to assess the progress that has been made in achieving the fundamental principles of human rights and freedoms that it proclaims. Upon its adoption on December 10, 1948, it was hailed as a common standard of achievement for all peoples and for all nations. High hopes were expressed that this Declaration would soon become a new Magna Carta of human rights and fundamental freedoms for all people throughout the world. Notwithstanding some unfulfilled expectations, one must view with great satisfaction the emergence of a human rights awareness and an international law of human rights. This body of human rights law, which deals with the promotion and protection of human rights, owes much to the Declaration and to the United Nations Human Rights system that has developed. Indeed, in 1993 at the United Nations Conference on Human Rights, more than one hundred nations reaffirmed their commitment to the purposes and principles contained in the Charter of the United Nations and the Universal Declaration of Human Rights
The Reliance on Federal Preemption Law by Managed Care Organizations and Group Plan Insurers to Create an Impenetrable Shield against Patients\u27 State Law Claims
No full textCharles Dickens\u27 Bleak House: Mr. Tulkinghorn as a Successful Literary Lawyer
No full textAfter a short summary of the story of Bleak House, this Article analyzes the character of Mr. Tulkinghorn as a successful literary lawyer according to the criteria described by Richard Weisberg in his book Poethics. This Article concludes that, although Mr. Tulkinghom may be considered successful in one sense of the word-he is powerful, he achieves his goals, he makes money-he is an abject failure from an ethical, moral, humanistic, or any other perspective. Mr. Tulkinghorn\u27s behavior simply cannot and should not be justified under ethical norms. This Article challenges attempts by lawyers to do so, as providing ammunition for further lawyer bashing by a cynical public. Whether we as lawyers like it or not, we belong to a profession whose image is tarnished by bad lawyers, both in life and in literature. We do neither our profession nor the public a service when we rationalize unethical lawyer behavior. As lawyers, we have an obligation to condemn reprehensible lawyer behavior, in fiction as well as in reality
Public Opinion and The Demise Of Affirmative Action
No full textSkewed perceptions about the black condition and a quiet avoidance of racial realities now dominate discussions about race. It is common to hear that discrimination is not a norm but an aberration, and that white disadvantage mirrors that of blacks. Part I of this article evaluates the link between increasingly widespread images of black success and declining realities of whiteness as privilege25 and its impact on the future of affirmative action. Part II shows that tying white disadvantage to black opportunity and achievement is not new and has always been strong currency in Supreme Court civil rights jurisprudence. Part II also shows that, while available scholarship has focused on the interpretive aspects of the Court\u27s affirmative action jurisprudence, it has paid little or no attention to the role of public perception in redirecting the Court\u27s attention to the concerns of whites. Part III of this article argues that public mood and opinion are more powerful than the constitutional and statutory provisions implicated in the affirmative action debate because public opinion is a key force driving the interpretation given to those provisions. Part IV evaluates the effect of public opposition to racial competition and the theory of colorblindness on affirmative action programs in the areas of education, voting, and employment. This article contends that we must recognize racial discrimination and continue to work at eradicating such practices. Identifying how discrimination against blacks continues will serve as a counterweight to perceptions of black advantage and will minimize the public outcry against affirmative action
Front Matter
No full textFront Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 15, Issue 2, Winter 2002
Federal-State Relations: The Allocation and Distribution of Powers of Government in the United States
No full textA brief presentation of the allocation and distribution of powers of government of the United States and those of the various states of the United States might not pose much of a challenge when addressing American judges, law professors and lawyers. A presentation even to a distinguished group of jurists not entirely familiar with the dual common law systems that prevail in the United States under its system of both federal and state jurisdiction is a different matter. Notwithstanding popular broad statements that more and more power is now concentrated in Washington, meaning the federal or national government, and that the sovereignty of the States has been diminished, the dual jurisdiction of the federal and state governments is still a vital reality
Front Matter
No full textFront Matter includes Masthead, and Table of Contents for St. Thomas Law Review Volume 15, Issue 1, Fall 2002