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Articles 1 - 30 of 456
Full-Text Articles in Entire DC Network
Welcome To Texas: Home Of The Most Extreme Abortion Ban In The United States, Generating Vast Child Welfare Disparities, Bailey Harvey
Welcome To Texas: Home Of The Most Extreme Abortion Ban In The United States, Generating Vast Child Welfare Disparities, Bailey Harvey
The Scholar: St. Mary's Law Review on Race and Social Justice
This comment uncovers the harsh trickling effects of overturning Roe v. Wade through focusing on the statistical nexus between the Texas’ foster care system, the victims of system cycling, and the criminal justice system. We are witnesses to watching the Court in 1973 from first balancing State’s interest and women’s fundamental rights to having the subject be a topic of the political battlefield.
Examining precedent and the reasoning behind the United States Supreme Court’s decision is a science, and the statistics continue to prove Texas’ child welfare systems are failing the children of America. Juvenile delinquency directly correlates with low …
Prescribed Child Abuse? Using The Americans With Disabilities Act To Deconstruct Discrimination Against Medication For Opioid Use Disorder In Child Abuse & Neglect Proceedings, Makenzie Stuard
The Scholar: St. Mary's Law Review on Race and Social Justice
The opioid crisis has disrupted parent-child relationships across the United States. While states actively seek to remove children from households with current drug use in order to protect the children, state entities often fail to protect the parent-child relationship itself by imposing counterproductive policies and stereotypes on parents who are in treatment for their drug use, which makes maintaining "recovery" and parental rights an uphill battle. This note argues that the Americans with Disabilities Act (ADA) provides a novel path to root out discrimination in child abuse and neglect proceedings against parents who either take prescribed buprenorphine or are interested …
The Poor Man's Problem In Bankruptcy, Rylee Stanley
The Poor Man's Problem In Bankruptcy, Rylee Stanley
St. Mary's Law Journal
No abstract provided.
Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson
St. Mary's Law Journal
No abstract provided.
The Rattler (Volume 112, Issue 4), St. Mary's University
The Rattler (Volume 112, Issue 4), St. Mary's University
The Rattler
No abstract provided.
The Rattler (Volume 112, Issue 5), St. Mary's University
The Rattler (Volume 112, Issue 5), St. Mary's University
The Rattler
No abstract provided.
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman
The Scholar: St. Mary's Law Review on Race and Social Justice
Transgender and nonbinary youth are under legislative and political siege as the latest victims in our nation’s culture wars. They are acutely aware of the hostility towards their existence and best interests, damaging their often already precarious well-being. There is a concerning risk they will associate biased and antagonistic lawmakers with our entire legal system, including legal service providers. Fear of encountering discrimination and bias leads targeted individuals to avoid accessing services. I fear that means too many among this generation transgender and nonbinary youth may avoid addressing their legal health needs as they age.
Consequently, the legal profession must …
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
The Scholar: St. Mary's Law Review on Race and Social Justice
This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.
For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …
Pro Se Litigants In The U.S. Supreme Court: How Do They Fare?, Kyle Persaud
Pro Se Litigants In The U.S. Supreme Court: How Do They Fare?, Kyle Persaud
St. Mary's Law Journal
No abstract provided.
Public Accommodations Laws, Free Speech Challenges, And Limiting Principles In The Wake Of 303 Creative, Michael L. Smith
Public Accommodations Laws, Free Speech Challenges, And Limiting Principles In The Wake Of 303 Creative, Michael L. Smith
Faculty Articles
In 303 Creative LLC v. Elenis, the United States Supreme Court ruled that Colorado's Anti-Discrimination Act's prohibition of discrimination on the basis of sexual orientation violated the First Amendment rights of Lorie Smith, a website designer who refused to make wedding websites for same-sex couples. This Article argues that the Court's ruling rested on a vision of state control over speech that was divorced from the law before it. Using this framing of the law to conjure up inapplicable hypothetical scenarios of state-mandated expression, the Court found in Smith's favor. And yet, in responding to the dissent's concerns that the …
State Constitutional Prohibitions Of Slavery And Involuntary Servitude, Michael L. Smith
State Constitutional Prohibitions Of Slavery And Involuntary Servitude, Michael L. Smith
Faculty Articles
In recent years, the Thirteenth Amendment has drawn sustained criticism for its “Punishment Clause,” which exempts those duly convicted of criminal offenses from the Amendment’s prohibition of slavery and involuntary servitude. Citing the Punishment Clause, courts have struck down challenges by those sentenced to forced labor, arguing that such involuntary servitude is explicitly permitted for those convicted of crimes. Recent criticism draws on concerns over mass incarceration and expansive forced labor practices—urging that the Thirteenth Amendment be revised to remove the Punishment Clause.
Prompted by increased attention to and criticism of the Punishment Clause, some states have taken matters into …
Model For Understanding Cedaw's Impact On Implementing Gender Equality Reforms: Lessons From Canada And India, Amanda L. Stephens
Model For Understanding Cedaw's Impact On Implementing Gender Equality Reforms: Lessons From Canada And India, Amanda L. Stephens
Faculty Articles
This Article provides a model for examining the impact of the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") on implementing gender equality reforms using Canada and India, two CEDAW State Parties, as case studies. It also explores the influence of heteropatriarchy, deeply rooted cultural norms perpetuating gender inequality, on hindering CEDAW's ratification in the United States, as well as CEDAW's effectiveness in implementing reforms in Canada and India. The analysis showcases how non-governmental organizations ("NGOs") in these countries have nevertheless achieved limited successes through their mobilization of CEDAW to address specific gender injustices, such as …
Conduct Relating To The Practice Of Law: Aba Model Rule 8.4(G) And Its History In Light Of The Constitution, Nathan Moelker
Conduct Relating To The Practice Of Law: Aba Model Rule 8.4(G) And Its History In Light Of The Constitution, Nathan Moelker
St. Mary's Journal on Legal Malpractice & Ethics
The ABA adopted a revision to the Model Rules in 2016, prohibiting harassment and discrimination against a list of protected classes. The Rule, while well-intentioned and targeted at a serious problem, was broadly phrased to include a large category of protected speech and behavior. The Rule has already faced extensive and well-crafted challenges from the perspective of the Free Speech Clause. This article argues that two additional provisions of the First Amendment—the Free Exercise Clause and Freedom of Association—further illustrate the failure of the Rule and the alarmingly wide-ranging effects of such a prohibition on attorney conduct.
Mitigation Reports In Capital Cases: Legal And Ethical Issues, Russell Stetler, W. Bradley Wendel
Mitigation Reports In Capital Cases: Legal And Ethical Issues, Russell Stetler, W. Bradley Wendel
St. Mary's Journal on Legal Malpractice & Ethics
The mitigation investigation that is essential in every capital case requires a multidisciplinary team. The duty to conduct this investigation is clearly established federal law, as well as an ethical obligation of counsel. The mitigation evidence that is uncovered is of vital importance to the rights of the individual accused of a capital offense, but also to reliable outcomes since all decisionmakers—including prosecutors, jurors, and judges—need the most complete and accurate picture of the person facing the punishment of last resort. This Article discusses some of the unique legal and ethical issues affecting the documentation of this investigation. The Authors …
Gold & Blue Law Edition, Fall 2023, St. Mary's University - San Antonio, Texas
Gold & Blue Law Edition, Fall 2023, St. Mary's University - San Antonio, Texas
Gold & Blue Law Edition
No abstract provided.
“Better Luck Next Election”: Late-Jailed Voters’ Constitutional Right To Vote After Mays V. Larose., Grace Thomas
“Better Luck Next Election”: Late-Jailed Voters’ Constitutional Right To Vote After Mays V. Larose., Grace Thomas
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Seminarians In The Person-Of-The-Therapist (Pott) Training : A Phenomenological Study, Tomichan Moonnanappillil
Seminarians In The Person-Of-The-Therapist (Pott) Training : A Phenomenological Study, Tomichan Moonnanappillil
Dissertations
This dissertation presented a transcendental phenomenological study conducted among eight seminarians in one of the theological schools in Southern Texas, who attended the personof-the- therapist (POTT) training program during the fall semester of 2019. This study aimed to examine seminarian participants' experiences in POTT training, their influence on their selfawareness, and their impact on their emotional maturity and the ability to make responsible life choices. The study was guided by an existential-humanistic philosophical orientation as an overarching theoretical orientation with the subjective epistemological worldview and socialconstructionism paradigm. Findings indicated POTT training positively impacted seminarian participants' human formation, which was foundational …
The Relationship Among Emotional Intelligence, Coping Strategies, And Occupational Burnout For Child Protective Service Workers, Yvette Longoria
The Relationship Among Emotional Intelligence, Coping Strategies, And Occupational Burnout For Child Protective Service Workers, Yvette Longoria
Dissertations
There are low retention rates of child protective service caseworkers and this impacts the quality of care of the families served. The purpose of this study was to examine the relationship between emotional intelligence, coping strategies and occupational burnout for CPS caseworkers. In addition, examining the relationship between education type, education level, and caseload size as it relates to emotional intelligence, coping strategies, and occupational burnout among child protective caseworkers. The theoretical framework utilized was the Transactional Theory of Stress and Coping. A convenience sampling was used to collect participants employed as FBSS or CVS caseworkers at Texas Department of …
Innocent Until Proven Mentally Incompetent., Jade Smith
Innocent Until Proven Mentally Incompetent., Jade Smith
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., Sarah Garcia
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., Sarah Garcia
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
Faculty Articles
In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …
The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti
The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti
St. Mary's Law Journal
This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.
Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
St. Mary's Law Journal
Most transgressions of environmental law in the United States are remedied with civil or administrative tools. When crimes involve significant harm or culpable conduct, criminal enforcement tools may be applied. With the importance of environmental criminal enforcement for punishing offenders and deterring future offenses, we still have little empirical understanding of this phenomenon in Texas. We use content analysis of 2,588 federal environmental criminal prosecutions that result from EPA criminal investigations from 1983 to 2019 and select all prosecutions occurring in Texas. Our approach allows us to explore prosecution patterns over time, examine charging and sentencing trends, and draw out …
Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins
Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins
St. Mary's Law Journal
No abstract provided.
John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence, Luke G. Cleland
John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence, Luke G. Cleland
St. Mary's Law Journal
No abstract provided.
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez
The Scholar: St. Mary's Law Review on Race and Social Justice
Current immigration polices continue to force mixed-status family separation and do not provide any attainable avenues for immigration relief. Modern immigration law is complex, filled with statutes and regulations that create waste, delay, and confusion among immigrants, their families, and the United States judicial system. As a result, U.S. citizen children are bearing the costs of a faulty immigration system.
Gold & Blue Law Edition, Spring 2023, St. Mary's University- San Antonio, Texas
Gold & Blue Law Edition, Spring 2023, St. Mary's University- San Antonio, Texas
Gold & Blue Law Edition
No abstract provided.
Gold & Blue, Spring 2023, St. Mary's University - San Antonio, Texas
Gold & Blue, Spring 2023, St. Mary's University - San Antonio, Texas
Gold & Blue
This is the Spring 2023 edition of Gold & Blue which is St. Mary's University's official school publication.
Professor Reamey: A Mentor And A Friend, Victoria Mather
Professor Reamey: A Mentor And A Friend, Victoria Mather
St. Mary's Law Journal
No abstract provided.
Transforming Military Justice: The 2022 And 2023 National Defense Authorization Acts, David A. Schlueter, Lisa Schenck
Transforming Military Justice: The 2022 And 2023 National Defense Authorization Acts, David A. Schlueter, Lisa Schenck
Faculty Articles
For the past decade there have been numerous and significant changes to the Uniform Code of Military Justice (UCMJ), the statutory basis for the military justice system. Although the Military Justice Act of 2016 made major changes to the UCMJ, the calls for change continued. One of the most-often heard calls for reform over the last decade has suggested removing commanders from the military justice system. Some have argued that a command-centric military justice system was outdated, and it was time to make the system look more like the federal criminal procedure system. Other critics have advocated for a military …