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Articles 1 - 30 of 61
Full-Text Articles in Law
American & British Insurers And Courts As Aiders And Abettors Of Commercial Terrorism., Will Rice
American & British Insurers And Courts As Aiders And Abettors Of Commercial Terrorism., Will Rice
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata
Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas courts should not apply the best interest standard established in Holley v. Adams to all child custody disputes because it is not a one-size-fits all approach. In Holley, a parental rights termination case, the Texas Supreme Court listed factors to consider when evaluating the best interest of the child. These factors, however, do not adequately address all the issues in a child custody case. Additionally, specific factors including parent’s wishes, religion, race, or the parents' sexual preference are not considered Holley factors. Another significant problem with relying on Holley is that judges are not required to address each factor …
The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland
The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland
The Scholar: St. Mary's Law Review on Race and Social Justice
Wealth and property are not equally distributed in America, and these inequities are exacerbated by the American school system. The current school system is community-centered, meaning children living in poorer districts do not have access to the same level of education as children living in wealthier districts. The comment discusses the impact that budgeting decisions have on community perceptions and expectations, as well as how community favoritism plays a role in the education financing equation. Finally, the author proposes eliminating what is essentially an “educational caste system,” and discusses how to change the attitudes of society and alter the ways …
Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas
Faculty Articles
A trademark is any distinctive sign indicating that certain products or services have been manufactured or rendered by a specific person or company. This concept is currently recognized worldwide; however, the origin of trademarks dates back to antiquity when artisans placed their signatures or “marks” on their products containing an artistic or utilitarian element. Through time, these marks have evolved to such an extent that today, a reliable and efficient system for their registration and protection has been established. Besides protecting owners of trademarks, this system also helps consumers identify and purchase goods or services, which, because of the essence …
Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law
Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law
Law Notes
No abstract provided.
Dedication To Representative Irma Rangel: May 15, 1931 - March 18, 2003., Alma L. Lopez
Dedication To Representative Irma Rangel: May 15, 1931 - March 18, 2003., Alma L. Lopez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Property And The Role Of Land-Based Cultural Heritage - Global And National - Welcome And Introduction., Placido G. Gomez
Property And The Role Of Land-Based Cultural Heritage - Global And National - Welcome And Introduction., Placido G. Gomez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Lobato V. Taylor., Jeffrey A. Goldstein
Lobato V. Taylor., Jeffrey A. Goldstein
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Beyond The Courts Of The Conqueror: Balancing Private And Cultural Property Rights Under Hawai'i Law., M. Casey Jarman, Robert R.M. Verchick
Beyond The Courts Of The Conqueror: Balancing Private And Cultural Property Rights Under Hawai'i Law., M. Casey Jarman, Robert R.M. Verchick
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Trained Canines At The U.S.-Mexico Border Region: A Review Of Current Fifth Circuit Law And A Call For Change., Jorge G. Aristotelidis
Trained Canines At The U.S.-Mexico Border Region: A Review Of Current Fifth Circuit Law And A Call For Change., Jorge G. Aristotelidis
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Paper School House: The Business Of Texas Charter Schools And Their Effect On The Minority Student Population., Anna Lisa Garcia
The Paper School House: The Business Of Texas Charter Schools And Their Effect On The Minority Student Population., Anna Lisa Garcia
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Psychological Manipulation Of The Consumer-Patient Population Through Direct-To-Consumer Prescription Drug Advertising., Elizabeth C. Melby
The Psychological Manipulation Of The Consumer-Patient Population Through Direct-To-Consumer Prescription Drug Advertising., Elizabeth C. Melby
The Scholar: St. Mary's Law Review on Race and Social Justice
Drug direct-to-consumer advertisements manipulates the public through the manufacturer’s marketing practices. The goal of pharmaceutical companies is to create consumer demand for their products, and they achieve this goal by showing advertisements that portray their products as life-enhancing. This leads to an exponential increase in demand for and spending on these pharmaceutical drugs. This increased promotion of direct-to-consumer advertising affects the physician-patient relationship, while drug companies face little, if any, liability. Drug companies expend significant efforts to obtain patents to keep their products competitive on the market, and to prevent customers from switching to an inexpensive generic drug. The author …
Fire First And Ask Questions Later: What Is The Effect Of The Social Security Administration's Mismatch Letters., Paul R. Penny Iii
Fire First And Ask Questions Later: What Is The Effect Of The Social Security Administration's Mismatch Letters., Paul R. Penny Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Litigating Property Under The Guadalupe Hidalgo Treaty: The Sangre De Cristo Land Grant Case., Peter L. Reich
Litigating Property Under The Guadalupe Hidalgo Treaty: The Sangre De Cristo Land Grant Case., Peter L. Reich
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander
No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander
The Scholar: St. Mary's Law Review on Race and Social Justice
In Texas, the State has to show sexual penetration occurred in order to convict a perpetrator of a first degree felony of aggravated sexual assault when the victim is under fourteen years of age. However, sexual assault victims between the ages of fourteen and sixteen years old must show that serious bodily injury occurred as a result of force in order to get a charge of aggravated sexual assault. As a result, the State can only charge perpetrators who sexually abuse family members between fourteen and sixteen years of age with sexual assault, which carries a lower penalty. This comment …
South Africa's Land Reform Programme., Andre J. Groenewald
South Africa's Land Reform Programme., Andre J. Groenewald
The Scholar: St. Mary's Law Review on Race and Social Justice
South Africa is committed to land reform. Because land is what shapes our national identity, the land dispossession of black people by the hand of white colonizers shapes the importance of land reform in South Africa. After the Natives’ Land Act of 1913, rights to own, rent, or even sharecrop land in South Africa depended upon a person’s racial classification. This was furthered by the Native Trust and Land Act of 1936. In 1994, however, the new government passed a Land Restitution Act. The land reform policy, Reconstruction and Development Programme, aimed to redress the injustices of apartheid, foster national …
Globalization In A Fallen World: Redeeming Dust, Emily A. Hartigan
Globalization In A Fallen World: Redeeming Dust, Emily A. Hartigan
Faculty Articles
The paradigm used in discussions about academic globalization is the “rational” discourse of the late twentieth century. This paradigm is manifested in university and political-cultural commentary in the United States and Great Britain. The term “globalization” immediately evokes a paradox. The paradox of the globe is it risks confusing itself with the universe. One key axis of of the paradox is between “good” globalization and “bad” globalization, another between the “is” and the “ought” of globalization.
A world-wide culture, democracy, or economy is inherently fallen. Attending to the forces that would pull us back together is one key to overcome …
Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law
Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law
Law Notes
No abstract provided.
Erisa: A Co-Fiduciary Has No Right To Contribution And Indemnity, George Lee Flint Jr, Philip W. Moore Jr
Erisa: A Co-Fiduciary Has No Right To Contribution And Indemnity, George Lee Flint Jr, Philip W. Moore Jr
Faculty Articles
Because retirement plans involve large amounts of money, large numbers of people, and fiduciaries with conflicts of interests, Congress designed ERISA to differ from traditional trust law to meet these specific needs and important policy concerns. Before ERISA, fiduciaries and employers often manipulated lack of oversight and conflict of interests to the detriment of the beneficiaries. ERISA raised the standards owed by fiduciaries and established a policing system that required professional fiduciaries to monitor non-professional fiduciaries, thereby forcing non-professional fiduciaries to leave the field or seek expert advice. These provisions created co-fiduciary liability by imputing the liability of the co-fiduciary …
Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott
Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott
Faculty Articles
Both clarity and respect for the rule of law demands that a new executive order on assassination be enacted that properly defines the term “assassination” and is couched in the legal parameters of self-defense. In prosecuting the War on Terror, the United States has confronted myriad issues concerning how best to deal with the new threat of al-Qaida-styled terrorism and those rogue nations that support terrorism. The two principle documents associated with these concerns are the National Security Strategy of the United States of America ("National Security Strategy") released by the White House on September 17, 2002 and Executive Order …
Law School Branding And The Future Of Legal Education, Michael S. Ariens
Law School Branding And The Future Of Legal Education, Michael S. Ariens
Faculty Articles
It is too early to determine if law school branding will have a positive or a negative effect on legal education. A recent shift in legal education has led law schools to consciously brand themselves, claiming an educational distinctiveness in selling their services to consumers. Branding is an attempt to create a desire in targeted prospective students to join the branded law school. Although a law school may brand itself by claiming it delivers an excellent legal education, branding is about distinctiveness, not quality. Law schools have used a number of approaches to attract students, including aggressive marketing of a …
Involuntary Treatment Of The Mentally Ill: Autonomy Is Asking The Wrong Question, Dora W. Klein
Involuntary Treatment Of The Mentally Ill: Autonomy Is Asking The Wrong Question, Dora W. Klein
Faculty Articles
When determining if involuntary treatment is appropriate, the proper question for courts to ask is not whether autonomy is preferable to involuntary treatment, but whether no treatment at all is preferable to involuntary treatment. When legislatures develop and courts apply statutes governing civil commitment, the interests at stake should be considered not at the abstract level of "freedom" or "autonomy," but rather at the concrete level of the consequences that are likely to result from providing or not providing involuntary treatment. Only by examining the particular interests that are likely to be affected can informed decisions be made about when …
The Princess And The Pea: The Assurance Of Voluntary Compliance Between The Texas Attorney General And Aetna's Texas Hmos And Its Impact On Financial Risk Shifting By Managed Care, Brant S. Mittler, Andre Hampton
The Princess And The Pea: The Assurance Of Voluntary Compliance Between The Texas Attorney General And Aetna's Texas Hmos And Its Impact On Financial Risk Shifting By Managed Care, Brant S. Mittler, Andre Hampton
Faculty Articles
The Texas Attorney General attempts to regulate managed care organizations and their shifting of financial risk by utilizing Assurance Voluntary Compliance to make the costs associated with the provisions of health insurance more transparent. A primary technique used to shift financial risk to providers of healthcare services is through the use of downstream entities which are commonly provider-sponsored organizations. It is the relationship between the downstream entity and the individual physicians that ultimately affects patient care, the doctor-patient relationship, and the quality of care. The regulatory community throughout the United States has made the regulation of downstream entities its number …
Distinguishing The Concept Of Strict Liability In Tort From Strict Products Liability: Medusa Unveiled, Charles E. Cantú
Distinguishing The Concept Of Strict Liability In Tort From Strict Products Liability: Medusa Unveiled, Charles E. Cantú
Faculty Articles
The justifications for strict products liability and other cases of strict liability in torts are different and distinct. The United States judiciary has limited strict liability in tort law to seven distinct scenarios: (1) animals that are trespassing, are domesticated but vicious, or are wild by nature; (2) fact situations involving ultra-hazardous activities; (3) nuisance; (4) misrepresentation; (5) vicarious liability; (6) defamation; or (7) a workman’s compensation statute.
Strict liability is imposed for harm caused by animals capable of inflicting extensive harm. It also justifies liability for ultra-hazardous activities on the basis that an individual undertakes an activity that is …
Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror, Jeffrey F. Addicott
Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror, Jeffrey F. Addicott
Faculty Articles
Because of the dangers presented by al-Qaeda style terrorism, the United States has crafted a variety of robust anti-terrorism responses. One of the more controversial of these is the indefinite detention of suspected enemy combatants, and the associated question as to whether the United States can and does employ torture.
Many prominent voices, such as Professor Alan Dershowitz, have advocated a judicial exception allowing torture as an interrogation tool in special instances, but the United States has struggled to find an appropriate balance between civil liberties and security concerns. To succeed in the War on Terror, the U.S. cannot allow …
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp
Faculty Articles
No abstract provided.
Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez
Accountants' Accountability To Nonclients In Texas., Jessica P. Gomez
St. Mary's Law Journal
This Comment proposes that accountants be held liable to any foreseeable user of their work product to ensure the deterrence of negligence on their part. Currently, the three main common law theories concerning whether nonclients can sue accountants for negligence are: (1) the privity rule; (2) the Restatement (Second) of Torts § 552; and (3) the foreseeability standard. Many states follow the Restatement approach entitled “Information Negligently Supplied for the Guidance of Others.” Texas imposes liability on accountants but fails to extend protections to third parties who rely upon the accuracy of financial statements. Further, Texas liability does not expose …
The Toxic Mold Terrifying Texas: Mold's Hold On The Insurance Industry., Sylvia Pena-Alfaro
The Toxic Mold Terrifying Texas: Mold's Hold On The Insurance Industry., Sylvia Pena-Alfaro
St. Mary's Law Journal
It is imperative that more scientific research concerning the effects of mold be conducted to better understand the consequences of long-term exposure to mold. Because of home and building modifications to conserve energy, mold has been able to thrive. Reports of illnesses allegedly caused by mold exposure have increased. No scientific evidence, however, exists that conclusively links the illnesses to the effects of mold. Only a limited number of scientific studies exist showing just how harmful toxic mold can be, but there is disagreement as to whether the harmful effects of toxic mold can compromise the immune system to such …
Absolute And Perfect Candor To Clients The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Vincent R. Johnson
Absolute And Perfect Candor To Clients The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Vincent R. Johnson
St. Mary's Law Journal
The fiduciary duty owed to clients by attorneys is defined by the reasonable-care standard of negligence as opposed to the all-encompassing “absolute and perfect candor” rhetoric frequently used to describe the duty owed. Words have meanings and, though the use of “absolute and perfect candor” serves a beneficial purpose, reminding attorneys of the special duty owed to their clients, the fiduciary duty owed to clients is not so all encompassing and impractical. Modern case law fails to establish that a broadly applicable duty of “absolute and perfect” candor applies to the attorney-client relationship, except in a limited number of situations. …
Terrorism, Grand Juries, And The Federal Material Witness Statute., Roberto Iraola
Terrorism, Grand Juries, And The Federal Material Witness Statute., Roberto Iraola
St. Mary's Law Journal
Abstract Forthcoming.