STLR Forum

/Florida
­

Biological Fathers Win Big in a Florida Supreme Court Decision Over a Common Law Rule Regarding Parental Rights

By: Franklin Sandrea-Rivero, Articles Editor, J.D. Candidate, May 2019, St. Thomas University School of Law.

On June 28, 2018, the Supreme Court of Florida resolved a decades-old conflict between the Florida district courts of appeal over the question of whether a biological father ever has standing to rebut the common law presumption of legitimacy. The presumption of […]

November 19th, 2018|Blog, Family Law, Florida, Supreme Court|0 Comments

Euthanasia on the Opposite End of Corporal Punishment: Hypocritical Standpoint?

By: Ashley Ann Bryan, Comments Editor, J.D. Candidate, December 2019, St. Thomas University School of Law.

With the growth of technology and great advancement of modern-day medicine, there should be a reconsideration of the legality and use of euthanasia. However, there continues to be a reluctance in this regard, while the legality and support of capital punishment […]

November 13th, 2018|Criminal Law, Elder Law, Florida, Human Rights|0 Comments

Falcon v. State: Should the Florida Supreme Court Have Opened the Door for Sentencing Review of Juveniles Sentenced to Life in Prison for Murder?

By: Jamie Mathis, Editor-in-Chief, J.D. Candidate, May 2019, St. Thomas University School of Law

Abstract
In Florida, and other states across the country, hundreds of juvenile murderers are getting a second chance at having a life outside of prison. These are juveniles who were convicted and sentenced to life in prison decades ago, but because of the […]

Pressures Stemming from Florida’s Death Penalty Could Lead to the United States Supreme Court

By: Luis A. Garcia Jr., J.D. Candidate, May 2018, St. Thomas University School of Law.

In 2016, the United States Supreme Court in Hurst v. Florida held Florida’s sentencing scheme was unconstitutional because it gave more power to the judges rather than the juries. “The Sixth Amendment requires a jury, not a judge, to find each fact […]

April 25th, 2018|Blog, Cases, Criminal Law, Florida|0 Comments

Zero Patience for Students

By: Brandon Greene, J.D. Candidate, May 2018, St. Thomas University School of Law.

In Miami, schools have zero patience when it comes to their students. Instructors and school administrators are becoming less and less tolerant to students’ behavioral problems. News officials recently reported that a seven-year-old first-grader was handcuffed and transported to a psychiatric hospital for an […]

April 22nd, 2018|Blog, Education, Family Law, Florida|0 Comments

Permanent Alimony: Should You Have To Pay Your Ex-Spouse For A Lifetime?

By: Danielle Capitini, Comments Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

Let’s say that two high school sweethearts decide to marry at the age of 23 and end up having three children during the marriage. However, because of irreconcilable differences, the parties decide to divorce after 17 years of marriage. Because this marriage […]

October 26th, 2017|Blog, Family Law, Financial, Florida|2 Comments

Prosecutorial Discretion: Absolute or Absolutely Not

By: Jamie Mathis, J.D. Candidate, May 2019, St. Thomas University School of Law.

During a press conference on March 15, 2017, newly-elected Florida State Attorney Aramis Ayala brazenly announced she “will not pursue the death penalty in any case during her tenure.” This decision also included seeking an alternate punishment other than the death penalty against Markeith […]

October 18th, 2017|Blog, Cases, Criminal Law, Florida, Governments|1 Comment

Elder Care in Florida: Despite its High Demand, is Florida pushing a Free Market Approach?

By: Victor Gabuardi, Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

There are competing issues regarding Florida’s high demand in its care for the elder.  As Florida is one of the top retirement states in the country, it appears as if the government’s push is to free itself from health care’s high demand.  […]

October 16th, 2017|Blog, Elder Law, Florida|0 Comments