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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

Don’t Shoot the Messenger: The Surprising Similarities Between the Treatment of Anita Hill and Christine Blasey Ford

By: Natasha Mathurin, Articles Editor, J.D. Candidate, May 2019, St. Thomas University School of Law.

It’s a pretty safe assumption to make, to say that you have been living under a rock, if you haven’t heard about the sexual assault allegations made by Christine Blasey Ford against, Supreme Court nominee, Judge Brett Kavanaugh. Dr. Blasey, a […]

November 7th, 2018|Blog, Cases, Governments, Supreme Court, Trending|0 Comments

Cell Site Location Information and the Fourth Amendment

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

On November 29, 2017, the United States Supreme Court heard oral arguments in the case of Carpenter v. United States. This case arose out of a series of robberies involving the theft of hundreds of cellphones. But the issue in this case was not […]

Plead Guilty, Lose Your Rights?

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

If a criminal defendant pleads guilty, can he challenge the constitutionality of the statute he is convicted under?  Does a defendant waive his right to this challenge after he pleads guilty?  Does that right have to be explicitly preserved in his plea agreement?  These […]

April 16th, 2018|Blog, Cases, Criminal Law, Supreme Court|0 Comments

Should Injured Fishermen Be Entitled to Punitive Damages for Unseaworthiness Claims?

By: Daniel Grammes, J.D. Candidate, May 2018, St. Thomas University School of Law.

After a recent decision in the Ninth Circuit joins a circuit court split, the U.S. Supreme Court may accept an appeal and resolve the issue of whether seamen are entitled to punitive damages for unseaworthiness claims. Last month the Ninth Circuit of the United […]

Pulling the Plug Before the State Flips the Switch: When Can a Lawyer Ignore his Client’s Wishes in an Effort to Escape the Death Penalty

By: Agnieszka Chiapperini, Articles Solicitation Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

Attorneys and clients, whether in civil or criminal cases, need to have aligned objectives about the outcome of the case for the relationship to be successful.  Case and trial strategies, on the other hand, are mostly left in the control of […]

February 15th, 2018|Blog, Cases, Criminal Law, Supreme Court|0 Comments

Carpenter v. United States: Does the Government Need a Warrant to Obtain Cellphone Location Information?

By: Candice C. Izaguirre, Comments Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

The Fourth Amendment protects “he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. . . ” Does this right apply to cellphone data?

In June 2017, the Supreme Court granted certiorari […]

The Use of Modern Technology Should Not Be An Implied Consent to Governmental Intrusion

By: Jessica Vega, Senior Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

Recently, the United States Supreme Court (“SCOTUS”) granted certiorari in Carpenter v. United States, to determine whether the Fourth Amendment protects individuals against warrantless searches and seizures in the modern technological era, regarding cell-site-location information records (“CSLI”).  Pursuant to the Fourth […]

September 20th, 2017|Blog, Criminal Law, Evidence, Fourth Amendment, Supreme Court|0 Comments

Is President Trump’s Ban on Muslims Constitutional? Maybe.

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

On January 28, 2017, President Trump issued an Executive Order (“Order”) temporarily banning entry of nationals from seven Muslim countries. Though the Order is set for ninety days while better immigration protocols are to take effect, many consider the Order not only to be controversial but […]

February 22nd, 2017|Blog, First Amendment, Immigration, Supreme Court|0 Comments

The Immediate Future of the Supreme Court of the United States – What We Need to Know

By: Jose Rohaidy, May 2018, St. Thomas University School of Law.

January 20th, 2017 can only mean one thing: Donald Trump has been inaugurated as the 45th President of the United States of America. While much of the focus from that point on will be on the future of the Affordable Care Act (“Obamacare”), investigations into Russia’s […]

February 14th, 2017|Blog, Supreme Court, Trending|0 Comments