Foreward Article
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Luz Estella Nagle, Foreward, 32 Stetson L. Rev. 725 (2003)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Foreward, 32 Stetson L. Rev. 725 (2003)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose, Book Review, David E. Wilkins & K. Tsianina Lomawaima, Uneven Ground American Indian Sovereignty and Federal Law, 13 Law & Pol'y Book Review (2003)Clicking on the button will copy the full recommended citation.
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Michael S. Finch, Introduction, 32 Stetson L. Rev. 241 (2003)Clicking on the button will copy the full recommended citation.
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Peter Lake and Nancy Tribbensee, The Emerging Crisis of College Student Suicide: Law and Policy Responses to Serious Forms of Self-Inflicted Injury, 32 Stetson L. Rev. 125 (2002)Clicking on the button will copy the full recommended citation.
The number-one student risk factor in the minds of most college administrators now is alcohol use, and to a certain extent, the use of other drugs. Alcohol has been a risk factor in a number of prominent student deaths, including the untimely death of Scott Krueger at MIT. Alcohol is heavily associated with secondary risks, such as sexual assault and student riots over changes in alcohol policies. High-risk alcohol use is also a major factor in self-inflicted injury. The Authors anticipate that in the near term, however, attention paid to suicide and other serious forms of self-inflicted injury will continue to increase and that these concerns may begin to gain prominence.
The American legal system has been reluctant to hold institutions liable for suicide or self-inflicted injury. Traditionally, an individual who committed suicide was thought to be the sole proximate cause of injury; therefore, other entities were not responsible for the suicide. These traditional legal rules translated into substantial protection for colleges and institutions of higher education with respect to suicide and self-inflicted injury. Such legal protection has created the reality that many institutions have not placed high priority on these issues. The Authors describe various factors that could begin to erode legal protections of colleges regarding student suicide. Many of these factors are already evident in the case law and in noncollege cases. The Authors offer a law-and-policy vision of appropriate college responses to student suicide and self-inflicted injury based in large measure on the facilitator model first put forth by Professors Bickel and Lake in their book, The Rights and Responsibilities of the Modern University: Who Assumes the Risks of College Life? The Authors recognize that universities are not in a position to place the general student population in custodial control sufficient to prevent suicide. A need to do so would undermine the very nature of the academy. Colleges cannot be bystanders, however, to this major social issue, which promises to become a major form of risk to manage in college communities. The college of the future will strive to create a reasonably safe learning environment supportive of individuals with mental-health issues and will be prepared to take reasonable steps to protect the physical safety of those and other individuals.
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Tim Kaye, Loss of Education is Damage to Property, 8 Educ., Pub. L. & Individual 12 (2003)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle and Henry W. McGee, Antitrust in the International Telecommunications Sector: The United States Challenges Mexico’s Telmex Monopoly, 33 U. Miami Inter-Am. L. Rev. 183 (2002)Clicking on the button will copy the full recommended citation.
Mexico’s telecommunications sector mirrors other industries in Mexico that have long been subject monopolistic business practices. Telmex, Mexico’s telecommunications monopoly benefited heavily from political corruption and back-room alliances during the rapid growth of the telecom sector in the 1990s. The Mexican government effectively hindered foreign competition from challenging Telmex’s control of incoming and outgoing communications apparatus and transmission lines, which prompted the United States Trade Representative to file a formal complaint before World Trade Organization to force Mexico to open its telecommunications markets to foreign investment and foreign competition. This article examines the United States dispute against Telmex and the international trade agreements that govern the business relationships between multinational corporations, the state, and consumers.
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Luz Estella Nagle and Henry W. McGee, Hacia un regimen de responsibilidad civil por daño ambiental transfronterizo, 71 Revista Juridica Universidad de Puerto Rico 111 (2002)Clicking on the button will copy the full recommended citation.
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Roy Balleste, The Future of Artificial Intelligence in your Virtual Libraries, 22 Computers in Libraries 10 (2002)Clicking on the button will copy the full recommended citation.
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Susan D. Rozelle, The Utility of Witt: Understanding the Language of Death Qualification, 54 Baylor L. Rev. 677 (2002)Clicking on the button will copy the full recommended citation.
Death qualification is the process by which prospective jurors are questioned at voir dire regarding their attitudes toward the death penalty. Those who indicate they are so opposed to capital punishment that they either (1) would not find the defendant guilty regardless of the evidence, or (2) would not consider death as a possible sentence regardless of the circumstances of the crime, are excused for cause. They are not “death qualified” and may not sit.
Others have pressed for an end to the “disturbing practice” of death qualification because it denies capital defendants their constitutional rights to a jury drawn from a fair cross-section of the community and to an impartial jury. This article offers an understanding of the law of death qualification as it presently exists that ensures that capital defendants are provided the protections to which they are entitled, without requiring a change in the law.
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Rebecca C. Morgan and Robert Fleming, Advance Directives: Ten Topics to Discuss with Clients, 19 GPSolo 39 (2002)Clicking on the button will copy the full recommended citation.