STU Scholarly Works (St. Thomas University)
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Would Alan Dershowitz Be Hired to Teach Law at a Catholic Law School? Catholicizing, Neo-Brandeising, and an American Constitutional Policy Response
No full textThis Article examines the impact of the Catholic identity movement on Jewish law faculty. The existence and roles of Jewish law professors at Catholic law schools appear uncertain. Academic freedom in a new doctrinaire climate appears weakened. Also, the Catholic identity movement seeks to limit the number of non-Catholics on law school and university faculties. The Article focuses on Jewish faculty because the authors can only gauge the impact of Ex Corde Ecclesiae on themselves and other Jewish faculty. The authors remain sensitive to the potential impact of Ex Corde Ecclesiae on all non-Catholic law faculty, but the authors also remain uncertain how a Christian legal document will impact non-Catholic Christians. The authors focus on the Jewish experience because the Jewish experience has traditionally been a disastrously vulnerable one in the context of Christian society. In this light, this Article examines the impact of the Catholic identity movement on Jewish law faculty. The Article will discuss the religious and demographic regimentation of Catholic universities and law schools. The Article will continue by examining the implications for Jewish law professors of the Catholic identity movement, including the risks of a reemerging Jewish quota. Last, the Article will utilize the educational philosophy reflected in Rosenberger v. Rector and Visitors of University of Virginia to respond to the problems facing Catholic law schools and Jewish law professors
iEsa India! LatCrit Theory and the Place of Indigenous Peoples Within Latina/o Communities
No full textRights and Status of Indigenous Peoples: A Global Comparative and International Legal Analysis
No full textWounded Knee, the Trail of Tears, the Siege of Cusco\u27-these words, vessels of meaning, capture only a tiny fragment of the history of suffering, actual and cultural genocide, conquest, penetration, and marginalization endured by indigenous peoples around the world. The focus of the International Decade of the World\u27s Indigenous People is to honor the memory of the victims, but also to celebrate the survivors and their values. The global community recognition implied in this dedication testifies to the success of indigenous peoples\u27 refusal to accept the alternatives of dying or living the lives of the conquerors. The Indian way of life has not merely survived; it is back as the foundation of a strong identity6 which has forced itself to the top of the international agenda. Its values could be, and increasingly are, sought after models7 for a world drifting slowly, but seemingly inexorably, into alienation. Beyond the cultural sphere, indigenous peoples have reentered the arena of power. Under the battle cries of human rights and self-determination, they have become recognized actors in the world constitutive process. This Article is designed to review the legacy of conquest in various arenas around the planet, and to arrive at a transnationally valid conclusion, if possible, on the status of indigenous peoples under domestic law (Part I); to describe the actors and trends in decision-making in international indigenous law (Part II); and to appraise these developments with particular focus on the issues of conceptualization of indigenous peoples, their claims to self -determination, unique collective rights, as well as innovative avenues of enforcement (Part III)
Estates in Land and Future Interests: Problems and Answers, 3rd Edition
No full texthttps://scholarship.stu.edu/faculty_books/1024/thumbnail.jp
The Islamic Origins of Common Law
No full textHenry II created the common law in the twelfth century, which resulted in revolutionary changes in the English legal system, chief among which were the action of debt, the assize of novel disseisin, and trial by jury. The sources of these three institutions have long been ascribed to influences from other legal systems such as Roman law. Professor Makdisi has uncovered new evidence which suggests that these institutions may trace their origins directly to Islamic legal institutions. The evidence lies in the unique identity of characteristics of these three institutions with those of their Islamic counterparts, the similarity of function and structure between Islamic and common law, and the historic opportunity for transplants from Islam through Sicily
A Child\u27s View of Recovery Under The National Childhood Vaccine Act or \u27He Who Hesitates Is Lost\u27
No full textThe doctrine of statute of limitations, which acts as a bar to certain claims that are not timely filed,\u27 was developed to satisfy the public policy of preventing injustice and perpetual litigation, but often has inequitable results. These inequities are especially so in cases where a limitation on recovery has been placed upon children who might otherwise qualify for compensation under the National Childhood Vaccine Act of 1986 (Vaccine Act). This Article examines the application of the doctrine of Equitable Tolling to the Rights of Impaired Children to recover under the National Childhood Vaccine Act and traces the tremendous effects they can have on one child\u27s life. In understanding the context of the issues relative to the harsh application of the doctrine of the statute of limitations under the Vaccine Act, this Article will first look at the historical background of the Vaccine Act and its intended purpose. Next, the Article will examine one child\u27s medical history and adverse experiences with the Vaccine Act. The Article will then explain the general and case-specific procedures of the Vaccine Act and its causation element. Finally, the Article will examine the differences between the doctrines of equitable estoppel and statute of limitations and provide an explanation of why the former should be applied in certain case brought under the Act
Internet Infoglut and Invisible Ink: Spamdexing Search Engines with Meta Tags
No full textThis Article addresses \u27spamdexing,\u27 namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using \u27meta tags,\u27 indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits. But the real harm of spamdexing is best explained not by law, but instead by information science. Namely, spamdexing introduces \u27noise\u27 into search engine databases, rendering searches \u27imprecise\u27 - i.e., overinclusive. With that in mind, the Article proposes looking to relevance and reasonable expectations. Specifically, it is necessary to consider the relevance of a website user’s search terms to the search goal, and of a website owner’s meta tags to actual website content. It is also necessary to consider the reasonableness of each party’s desire to use such terms for searching and indexing purposes, along with the interests of trademark owners. There is a tension between these interests, as searchers and website owners will tend to externalize the costs of information dissemination and retrieval, and trademark owners may sometimes object to legitimate uses of meta tags. Finally, the Article provides a broader view of new forms of dissemination and retrieval, examining the roles that libraries have traditionally played, and those that the Internet-as-library may yet play
Melodrama and Law: Feminizing The Juridical Gaze
No full textThe machinery of the legal system, consisting of far-reaching statutes and common law, also is made up of atoms: those individual human lives profoundly affected by the law. Trollope demands particulars. She insists on examining the daily-lived effects of a general law. And in doing so, she exposes the masculinized gaze of the law as defective when it comes to envisioning injuries done to women. This masculine quality of the law was as pervasive in Trollope\u27s time as it is today. The modern juridical gaze has a blind spot where women\u27s harms are concerned, all too often failing to recognize the existence of any compensable injury. In analyzing those invisible harms in the New Poor Law that Trollope makes visible in Jessie Phillips, I will first define key terms; second, examine the statute and pertinent sections of the Report of the Royal Commissioners; and third, focus on the novel itself as a social critique of the law
Truth: The Lost Virtue in Title VII Litigation
No full textBy analyzing the Court\u27s Title VII precedents, this Article demonstrates the compelling need - and statutory and precedential support - for requiring truth from employers in Title VII litigation. Further, the Article shows that there is no shortage of truth-seeking guides the Court may use to bring integrity to this area. Judicial demands for honesty from Title VII claimants and severe penalties against dishonest plaintiffs provide examples in this area. This Article also offers the Court\u27s criminal law precedents as an effective source of guidance on this subject. Finally, the Article recommends that the Court follow Congress\u27s lead by deciding cases in a way that evidences an understanding of the magnitude of employment discrimination and the tremendous difficulty of proof, given the human propensity to deceive. To deal with the inevitability of litigant dishonesty, this article recommends the adoption of bedrock jurisprudential rules that penalize dishonest litigants routinely