St. Thomas Law Review

Covers articles submitted by faculty and members of the bench and bar nationwide.

Articles from Vol. 25, No. 3, Summer

A Sense of Pride
It was 1987; the year prior to the St. Thomas University School of Law receiving full accreditation approval. I can still remember the enthusiasm inspired as a young, vibrant, and hopeful law school pursued its national accreditation. As students,...
Examining Committee Reports as a Basis to Dismiss Petitions to Determine Incapacity: A Question of Admissibility and Evidentiary Relevancy
INTRODUCTION "In our present day paternalistic society we must take care that in our zeal for protecting those who cannot protect themselves we do not unnecessarily deprive them of some rather precious individual rights." (1) Society continues to...
Growing Forward
The 2010-2011 St. Thomas Law Review Executive Board convened with a simple purpose in mind: What can we, as a group, do to further establish the St. Thomas Law Review as a serious academic publication, while also enhancing the Law Review's brand and...
How Consolidating the Circuits Would Have Defined the Borders of Honest Services Fraud
I. THE UNITED STATES SUPREME COURT PUNTS THE ISSUE THEN ELECTS TO RECEIVE A. NO ANSWER FROM SORICH V. UNITED STATES (1) Between 1990 and 1997, the Mayor of Chicago's Office of Intergovernmental Affairs ("IGA") ferreted out over 5,000 patronage...
Past and Future: The Same
During the 1987-1988 school year, Professor Siegfried Wiessner lobbied Dean Jacqueline Allee and the St. Thomas University School of Law faculty to create a law review. Professor Wiessner prevailed, and the St. Thomas Law Review served, and continues...
Pre-Apprendi Sentencing: Issues Surrounding the Retroactivity of an Unconstitutional Sentence
I. INTRODUCTION For over two centuries, the United States Constitution has guaranteed Americans a right to trial by jury in criminal prosecutions. (1) In exercising this right, a jury must apply the "beyond a reasonable doubt" standard to each element...
Regression to the Mean: How Miranda Has Become a Tragicomical Farce
INTRODUCTION Fifteen years ago, when I wrote an article for a symposium issue of this journal, rhetorically entitled, Is Miranda Dead, Was It Overruled, or Is It Irrelevant?, (1) I harbored no pretensions that it would ultimately have any significant...
Rethinking Success: Justice Fred Lewis' Remarks at the 25th Anniversary Celebration of the St. Thomas Law Review
Longtime Florida Supreme Court Justice Fred Lewis, a straight shooting, folksy man who has earned enormous respect for his contributions both on and off the bench, spoke in the spring of 2013 at the St. Thomas Law Review's 25th Anniversary Celebration....
Sixth Amendment Right to Counsel: Broaden the Scope, Decriminalize, and Ensure Indigents a Fair Chance in Court and in Life
INTRODUCTION In the landmark case of Gideon v. Wainwright, (1) the United States Supreme Court stated that "[t]he right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is...
Social Media in the Sunshine: Discovery and Ethics of Social Media - Florida's Right to Privacy Should Change the Analysis
INTRODUCTION Social media has vastly transformed society and the way people communicate. Statistics show that as many as eighty-three percent of Internet users in America between the ages of eighteen and twenty-nine use a social networking site,...
The St. Thomas Law Review: Its Ratio Essendi
At its twenty-fifth birthday, the St. Thomas Law Review deserves a hearty round of applause for its abundant contributions to knowledge and to a public order of human dignity. Over all these years, it has stood for a vision of legal education and legal...
The St. Thomas Law Review: Twenty-Five Years Young and Yet So Established
I am honored to be a part of the St. Thomas Law Review's 25th Anniversary celebrations. I always knew the Law Review was very important to me, but writing this piece, I realize just how it has all come full circle. I have had the unique opportunity...
Volume 10 of the St. Thomas Law Review Issues 1, 2, and 3 (Fall 1997-Spring 1998): Building Something That Endures
Tentative efforts lead to tentative outcomes. Therefore, give yourself fully to your endeavors. Decide to construct your character through excellent actions, and determine to pay the price for a worthy goal. The trials you encounter will introduce...
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