St. Thomas Law Review
- The death knell of issue certification and why that matters after Wal-Mart v. Dukes.
- Why does Florida have public defender elections?
- THE KEY DEER IS HEADED FOR EXTINCTION: HOW REPEALING A TRUMP-ERA FEDERAL RULE DEFINING "HABITAT" COULD ALLOW ASSISTED MIGRATION TO SAVE SPECIES THREATENED BY CLIMATE CHANGE.
- What are the policy implications of use of epidemiological evidence in mass torts and public health litigation?
- A holistic approach to planning for the aging same-sex couple: special considerations in light of the U.S. v. Windsor decision.
- FROM TIKTOK TO RACIAL VIOLENCE: ANTI-BLACKNESS IN THE GENDERED SPHERE.
- A horse of a different color: a study of color bias, anti-trust, and restraint of trade violations in the equine industry.
- Implications of United States v. Jones on DNA collection from arrestees: a trespass prohibited by the Fourth Amendment?
- Darkness at noon: judicial interpretation may have made things worse for benefit plan participants under ERISA than had the statute never been enacted.
- Please turn your lights off, the turtles are nesting: ensuring that federal, state, and local laws help guide endangered marine turtle hatchlings in Florida to the right source of light.
- How consolidating the circuits would have defined the borders of honest services fraud.
- A CALL FOR TRANSPARENCY IN SPORTS TO THE GOVERNMENT OF PUERTO RICO.
- Comparative and normative analysis of damages under the SGA and the CESL.
- Under the lens of the constitution: the NDAA's detainee provisions and the Fifth Amendment's guarantee of equal protection.
- The UK Insurance Act 2015: a restatement of marine insurance law.
- The contract: between contract law and criminal jurisprudence.
- MANDATORY ARBITRATION OF SEXUAL ASSAULTS IN MARITIME LAW.
- Facilitating stakeholder-interest maximization: accommodating beneficial corporations in the Model Business Corporation Act.
- Arbitrations in Florida: a tale of two courts.
- What must we hide: the ethics of privacy and the ethos of disclosure.
- A sense of pride.
- HOW BENEFICIAL IS FLORIDA'S COMMUNITY PROPERTY TRUST ACT TO THE MARITAL ESTATE? A LEGISLATIVE ANALYSIS OF FLORIDA'S COMMUNITY PROPERTY TRUST ACT.
- Building a better solar energy framework.
- The United States and the U.N. Human Rights Council: an early assessment.
- COMBATING FRAUD UNDER THE FALSE CLAIMS ACT: NOT PROTECTING AGAINST POST-EMPLOYMENT RETALIATION IS A SELF-DEFEATING POLICY DECISION.
- A very streamlined introduction to Bush v. Gore.
- Sorry Linus, I need your security blanket: how the smartphone, constant connectivity with the Internet, and social networks act as catalysts for juror misconduct.
- Poison pens, intimidating icons, and worrisome websites: off-campus student speech that challenges both campus safety and First Amendment jurisprudence.
- Know the mission: a lawyer's duty to a nonprofit entity during an internal investigation.
- Hearsay after Crawford: a practitioner's guide.
- Foreword: criminal law issue.
- Welcoming remarks.
- (Miami Dade County Attorney's Office's Murray Greenberg).
- The battle lines of Federal Rule of Civil Procedure 8(a)(2) and the effects on a pro se litigant's ability to survive a motion to dismiss.
- (Miami Dade County Attorney's Office's Murray Greenberg's influence on the St. Thomas University School of Law).
- United States v. Jones: does Katz still have nine lives?
- Waiting for Gaudet charting a course after Atlantic Sounding Co. v. Townsend.
- BLACK AND POOR: THE GRAVE CONSEQUENCES OF UTAH V. STRIEFF.
- Sixth Amendment right to counsel: broaden the scope, decriminalize, and ensure indigents a fair chance in court and in life.
- FLORIDA'S DIRECT FILE STATUTE: A PROSECUTOR'S PLAYGROUND.
- Making effective use of practitioners' briefs in the law school curriculum.
- TICK, TOCK: CLARIFYING THE FMLA STATUTE OF LIMITATIONS FOR CLAIMS INVOLVING ABSENTEEISM POLICIES.
- The DREAM Act and the right to equal educational opportunity: an analysis of U.S. and international human rights frameworks as they relate to education rights.
- Mixed transactions for goods and services: the need for consistency in choosing the governing law.
- ARE ADMINISTRATIVE LAW JUDGES OFFICERS OF THE STATE? CONSTITUTIONAL CONSIDERATIONS IN THE SELECTION AND TENURE OF ADMINISTRATIVE LAW JUDGES.
- Take two of these and sue me in the morning: efficacy of the learned intermediary doctrine in prescription drug failure to warn cases.
- FLORIDA'S LATE ENTRANCE TO THE ON GOING TREND: SEXUAL ORIENTATION DISCRIMINATION IN THE WORK PLACE.
- Blasphemy in pre-Criminal Code Canada: two sketches.
- MEEK MILL'S TRAUMA: BRUTAL POLICING AS AN ADVERSE CHILDHOOD EXPERIENCE.
- Social media in the sunshine: discovery and ethics of social media - Florida's right to privacy should change the analysis.
- Florida's disregard of due process rights for nearly a decade: treating drug possession as a strict liability crime.
- Legal fictions and juristic truth.
- Bringing Operation Pedro Pan back from Never Never Land: is INA 207(b) the president's solution to the humanitarian crisis at the border?
- The inalienable right to stand your ground.
- Colleges and universities: a place to get away with rape.
- Designing and constructing commercial agreements in the 21st century.
- The Florida Minimum Wage Act: thoughts on the impending notice debate.
- The St. Thomas Law Review: its ratio essendi.
- Attempting the unintended: the problems with recognizing an attempted homicide offense that does not require proof of an intent-to-kill.
- Donee beneficiaries and the parol evidence rule.
- SHUT UP AND DRIBBLE: THE RACIAL SUBORDINATION OF THE BLACK PROFESSIONAL ATHLETE: AN ANALYSIS OF THE RACIAL SUBORDINATION THAT CLASS PRIVILEGED BLACK ATHLETES FACE STARTING WITH MUHAMMAD ALI AND LEADING TO COLIN KAEPERNICK AND OTHERS.
- Long-term care insurance: a life raft for baby boomers.
- THERAPEUTIC JURISPRUDENCE, PROFESSIONALISM, AND 'SPIKES' FOR LAWYERS.
- THE BIRTH OF A MONSTER: AN OPEN DISCUSSION ON ANTI-BLACKNESS SEGREGATION TO PRESENT.
- Your lethal injection bill: a fight to the death over an expensive yellow jacket.
- Emergence of contract standards and its future impact on legal education.
- (Panel discussion transcript).
- National security information flow: from source to reporter's privilege.
- What you have said in the dark: the evolution of media in the courtroom and the new challenges of containing the jury's information space.
- Examining committee reports as a basis to dismiss petitions to determine incapacity: a question of admissibility and evidentiary relevancy.
- Ghosts have rights too! A new era in contractual rights: third-party invocation in forum selection clauses.
- What's love got to do with it? Contemporary lessons on lawyerly advocacy from the preacher Martin Luther King, Jr.
- Same violence, same sex, different standard: an examination of same-sex domestic violence and the use of expert testimony on battered woman's syndrome in same-sex domestic violence cases.
- Introducing the "new handshake" to expand remedies and revive responsibility in eCommerce.
- To secure these rights: the Supreme Court and Snyder v. Phelps.
- The judicial vision of contract - the "constructed circle of assent" and printed terms.
- Racial profiling - separate and unequal keeping the minorities in line - the role of law enforcement in America.
- 'ANTI-ISRAEL': A CAMOUFLAGE PLATFORM FOR ANTISEMITISM.
- HOW THE RACE OF A NEIGHBORHOOD CRIMINALIZES THE CITIZENS LIVING WITH IN: A FOCUS ON THE SUPREME COURT AND THE "HIGH CRIME NEIGHBORHOOD".
- PRISONERS OF THE ZIP CODE: HOW SINGLE ZIP CODE RATE-MAKING HURTS THE PUBLIC INTEREST.
- Impact of the Cuban embargo on inheritances by Cuban nationals.
- The state of ERISA after 35 years: complex, yet arguably simplistic, which federal statute may be unraveled with a touch of supreme common sense.
- Fear itself: the impact of allegations of gang affiliation on pre-trial detention.
- A RIGHT WITHOUT A REMEDY: TIME RUNS OUT BEFORE THE RIGHT TO FILE ACCRUES FOR SUCCESSIVE HABEAS CORPUS PETITIONERS.
- Medicaid managed long-term care: is Florida ready?
- The admissibility of weapons not used in the crime charged.
- A BLIND SPOT IN MIRANDA RIGHTS: JUVENILES' LACK OF UNDERSTANDING REGARDING MIRANDA LANGUAGE.
- What states should do to provide a meaningful opportunity for review and release: recognize human worth and potential.
- Past and future: the same.
- The view from the bench.
- NEW REGULATIONS, NEW UNDERSTANDINGS: TAKING ADVANTAGE OF THE SECTION 199A DEDUCTION WITH RESTRICTIONS IMPOSED BY SECTION 643(F).
- The complications of Fla. Stat. s. 222.25(4): does Florida's wildcard exemption allow married debtors to double dip?
- Trademarks, domain names, and ICANN: an evolving dance.
- Big Bill Haywood's revenge: the original intent of the exclusionary rule.
- Diminished returns: the exorbitance of collecting DNA from all arrestees.
- Powerless against police brutality: a felon's story.
- Death is different: the need for jury unanimity in death penalty cases.
- Hannibal at the gate: border kids, drugs, and guns - and the Mexican cartel war goes on.
- Twenty-five years young and yet so established.
- Rethinking success: Justice Fred Lewis' remarks at the 25th anniversary celebration of the St. Thomas Law Review.
- Bitcoin ATM: a criminal's laundromat for cleaning money.
- Rethinking the Cuban Adjustment Act and the U.S. national interest.
- THE CONSTITUTIONAL ISSUES OF PUBLISHING MUGSHOTS IN THE AGE OF SCREENSHOTS AND DIGITAL MEDIA.
- LET'S MAKE SOME "SCENTS" OF OUR FOURTH AMENDMENT RIGHTS: THE DISCRIMINATORY TRUTHS BEHIND USING THE MERE SMELL OF BURNT MARIJUANA AS PROBABLE CAUSE TO SEARCH A VEHICLE.
- Growing forward.
- National security information flow: from source to reporter's privilege.
- The U.S. Supreme Court gets it right in Arizona v. Gant: justifications for rules protect constitutional rights.
- DIFFERING SCHOOLS OF THOUGHT: CHANGING PERCEPTIONS OF ORAL ARGUMENT.
- On-line legal research workshops.
- PUBLIC HEALTH POLICING AND THE CASE AGAINST VACCINE MANDATES.
- Where the sea meets land.
- Advance health care directives: problems and solutions for the elder law and estate planning practitioner.
- TRANSNATIONAL PUNITIVE AND COMPENSATORY DAMAGES: VILLAINS OR ROLE MODELS? Are We Still in Kansas, Toto?
- The banality of excessive defender workload: managing the systemic obstruction of justice.
- Clarifying state action immunity under the antitrust laws: FTC v. Phoebe Putney Health System, Inc.
- The view from the litigants.
- AN ANALYSIS ON BIOMETRIC PRIVACY DATA REGULATION: A PIVOT TOWARDS LEGISLATION WHICH SUPPORTS THE INDIVIDUAL CONSUMER'S PRIVACY RIGHTS IN SPITE OF CORPORATE PROTECTIONS.
- From the sophisticated undertakings of the Genovese crime family to the everyday criminal: the loss of congressional intent in modern criminal RICO application.
- Standards and basic principles of examining and evaluating capacity in guardianship proceedings.
- THE SHELL GAME: AN EASY HIDE-AND-GO-SEEK GAME FOR CRIMINALS AROUND THE WORLD.
- The right to contract as a civil right.
- Doin' time for an unproven crime: the problem of unpreserved evidence sufficiency issues in criminal appeals.
- Florida's Blaine Amendment: Goldilocks and the separate but equal doctrine.
- "Till the detail of surface is in accord with the root in justice": treason, insanity, and the trial of Ezra Pound.
- Blakely, Apprendi, Booker, Begay, and Santos: judicial minimalism and the U.S. Supreme Court's ill-conceived attempts at a rational jurisprudence.
- Excerpts of speech by Robert A. Butterworth.
- Applying economic loss doctrine to Article 2 transactions: a doctrine at a loss.
- 'With liberty and justice for all (families)': the modern American same-sex family.
- The growing pains of Graham v. Florida: deciphering whether lengthy term-of-years sentences for juvenile defendants can equate to the unconstitutional sentence of life without the possibility of parole.
- The view from academia.
- DOSTOEVSKY AS JUVENILE JUSTICE ADVOCATE AND PROGENITOR OF THERAPEUTIC JURISPRUDENCE.
- Regression to the mean: how Miranda has become a tragicomical farce.
- U.S. DRUG REFORM: A CULTURAL SHIFT.
- Florida's adoption of the Uniform Power of Attorney Act: is it sufficient to protect Florida's vulnerable adults?
- CHALLENGING THE STATUS QUO: AN INTEGRATED APPROACH TO DISMANTLING THE SCHOOL-TO-PRISON PIPELINE.
- Principled legal pragmatism: reconciling Posner and Dewey on law and democracy.
- Volume 10 of the St. Thomas Law Review issues 1, 2, and 3 (Fall 1997-Spring 1998): building something that endures.
- Defining a vessel in admiralty: "I know it when I see it."
- Executive activism not reciprocated with judicial activism: Wyeth v. Levine and Cuomo v. Clearing House return preemption to the legislative branch.
- Vote-dilution analysis in Bush v. Gore.
- ADULTS ONLY: FLORIDA'S BOTCHED CASE OF 'YOUTH' EMPLOYMENT DISCRIMINATION.
- A warmer welcome home: the need for incorporating therapeutic jurisprudence in reentry courts.
- Walk & turn, finger to nose, one leg stand: oh my! How Florida courts have defined field sobriety exercises.
- Sexting and the fate of first-time offenders in Florida.
- "Better the mob and the Ku-Klux": a history of the law of search and seizure in Florida.
- Law-abiding "illegal aliens": paying taxes for the chance of legal immigration status, or not?
- Pre-Apprendi sentencing: issues surrounding the retroactivity of an unconstitutional sentence.
- 28 USC s. 1782 IN AID OF FOREIGN ARBITRATION: "A TRIBUNAL BY ANY OTHER NAME".
- PROTECTING OUR PETS: COURTROOM ADVOCATE OR SPECIAL PROSECUTOR? A CRITICAL COMPARISON BETWEEN TWO APPROACHES TO PROVIDING ANIMALS BETTER PROTECTION IN THE COURTROOM.
- FLORIDA'S ANTI-DRAM SHOP LIABILITY ACT: IS IT TIME TO EXTEND LIABILITY TO SOCIAL AND COMMERCIAL HOSTS?
- Filial responsibility: breaking the backbone of today's modern long term care system.
- Surveillance technology and the loss of something a lot like privacy: an examination of the 'mosaic theory' and the limits of the Fourth Amendment.
- The view from the administrators.
- PANDEMIC, PROTESTS, AND PRISON REFORM? WHY 2020 IS A CATALYST TO RETHINK DRUG POLICY.