STU Scholarly Works (St. Thomas University)
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The Foreign Amici Dilemma
No full textThe primary goal of this article is to go beyond the rule of deference theory and explore how and why the Court routinely rejects or ignores the interpretations offered by foreigners when their views conflict with those of the executive. By exposing the imbalance and unfairness of the Court\u27s approach, perhaps this article will open the door for remedial measures. This article does not provide an exhaustive historical analysis of Supreme Court response to amici efforts, but rather sets out several historical spotlights which illuminate the futility of foreign amici. This illumination is accomplished by exploring three different types of amici picketing : (1) purely domestic, (2) domestic-foreign, and (3) purely foreign. The term amici picketing refers both to formal brief submission as well as extra-judicial activities intended to influence the Court
Islamic Law Bibliography: Revised and Updated List of Secondary Sources
No full textProfessor John Makdisi and Ms. Marianne Makdisi present a revision and update of a survey of the publications of secondary sources of Islamic law (in English and French) first published in Law Library Journal in 1986
American Indian Treaties and Modern International Law
No full textBook: Sovereignty Symposium VIII, Looking Ahead – Looking Backhttps://scholarship.stu.edu/faculty_book_chapters/1032/thumbnail.jp
The Illusion and Allure of Textualism
No full textThis article first studies Justice Scalia\u27s statutory interpretation decisions to determine whether a coherent theory of construction can be identified. His opinions reveal consistent advocacy of a textbased approach which logically could be called textualism. Critique of his approach is provided throughout. This section also provides an example of Justice Scalia\u27s deployment of the construction format he preaches
Indian Gaming and Indian Sovereignty
No full textBook: Sovereignty Symposium VIII, Looking Ahead – Looking Backhttps://scholarship.stu.edu/faculty_book_chapters/1017/thumbnail.jp
Spirituality, Culture and Tradition: An Introduction to the Role of Tribal Courts and Councils in Reclaiming Native American Heritage and Sovereignty
No full textRights, Refugee Women & Reproductive Health
No full textThis article examines how international human rights norms can be applied more effectively to protect and ensure the reproductive rights of refugee women. It examines the gap between refugee law and the actual practice of UNHCR and international donors in responding to refugee women\u27s needs. This examination explores the applicability of other legal and policy frameworks for addressing issues of sexual violence as well as reproductive health issues more generally. This Paper also begins to explore the issue of transnational versus individual state responsibility for guaranteeing to refugee women, on a nondiscriminatory basis, the full range of civil, political, economic, social, and cultural rights to which they are entitled under international law
Estates in Land and Future Interests: Problems and Answers, 2nd Edition
No full texthttps://scholarship.stu.edu/faculty_books/1025/thumbnail.jp
American Indian Treaties and Modern International Law
No full textOne of the cardinal principles of international law, if not the rock on which it stands, is the notion that nation-states are bound to keep their word. Pacta sunt servanda\u27 has been hailed as the basic norm of the law of nations,\u27 the foundation of all prescription in an essentially coarchical, consent-based and consent-driven system. The principle, moreover, predates, and transcends, modem international law. Thinkers throughout the ages have emphasized its fundamental role in any legal system. They include Socrates, Plato, Cicero, Ulpian and the fathers of the Church, St. Augustine and St. Thomas Aquinas. One\u27s word is one\u27s bond. All the more so if one has gone on to pledge it in the context of a formal agreement. Since this obligation is of such a basic nature, one will not find it restated in human rights covenants, nor will it commonly be reiterated in minority rights conventions, or any other agreement between States. Why, then, Article 36 of the 1993 Draft Declaration on the Rights of Indigenous Peoples? The provision reads, in pertinent part: Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements, and other constructive arrangements concluded with States or their successors, according to their original spirit and intent, and to have States honour and respect such treaties, agreements and other constructive arrangements. Why such a reminder of the basics in the budding bill of indigenous rights? Are Indian treaties different? Most probably, the reason for such provision has to do with history, with the legacy of human deprivations. As the human rights agenda arose from the ashes of the Holocaust, the Trail of Broken Treaties accompanying the conquest, pacification and subjugation of indigenous communities around the globe cries out for a reminder that even as a conquering state, your word still is your bond. Let us take a closer look at the historical context