Law Commons^™

A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson

The Scholar: St. Mary's Law Review on Race and Social Justice

While Brown v. Board of Education sought to integrate the public school system, fifty years later many public schools remain racially identifiable. African American and Latino students attend schools which are overwhelmingly comprised of minorities. Some racially isolated schools even experienced a rise in their minority student population after the decision in Brown. While the decision narrowed racial disparities in schools, such disparities remain distressing. Data shows a large disparity in the number of higher educational degrees earned by African American and White individuals. Additionally, wage earnings of African Americans are significantly smaller compared to White wage earnings. Educational outcomes …

Are Americans Good Samaritans - How Martin Luther King's Example Can Empower American's Humanitarian Majority., Charles Martel

The Scholar: St. Mary's Law Review on Race and Social Justice

The essay challenges the notion that the American conception of human rights is limited to civil and political rights and excludes internationally recognized principles that accord right status to economic, cultural and social justice. The author points to the U.S. civil rights movement and its societal transformative success as evidence that Americans support a comprehensive humanitarian agenda that conforms to international human rights law. The civil rights movement promoted economic and social rights and treated those issues as integrated with civil and political rights. Thus U.S. civil rights law - and the revolutionary transformation of the American socio-political landscape brought …

Defining And Determining Retardation In Texas Capital Murder Defendants: A Proposal To The Texas Legislature., Graham Baker

The Scholar: St. Mary's Law Review on Race and Social Justice

Although the Supreme Court of the United States ruled it is cruel and unusual to execute someone with a mental handicap, Texas statutes still do not adequately protect these individuals. Previously, the Court in Penry v. Lynaugh upheld states executing individuals with mental deficiencies. However, individual states began to outlaw such a practice. When the Court heard Atkins v. Virginia, they determined the states created a national consensus against executing persons who possess certain developmental disabilities, thus rendering it cruel and unusual. Atkins did not, however, define mental retardation and left it up to individual states to determine that criteria. …

The Real Id Act And The Negative Impact On Latino Immigrants., Arianna Garcia

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Fostering To Children's Needs Or Fostering To Legislators' Personal Agendas., Tracy Kasparek

The Scholar: St. Mary's Law Review on Race and Social Justice

Legislators and judges must keep their own personal biases of homosexuals out of their analysis, particularly when considering if same-sex couples should be foster parents. Legislators and judges personal biases are rooted in unsubstantiated beliefs that homosexuals are mentally ill, lack the same maternal or parental instincts as hetersexuals, and may turn the children into homosexuals. None of these beliefs are supported by any type of evidence. On the contrary, studies indicate that homosexual couples are as fit for parenting as heterosexual couples. Furthermore, homosexual couples tend to take the hardest children to place such as: minority children, children with …

Mandatory Reporting In Texas For Domestic Violence Against Vulnerable Adults: The Need For Changes In Statutory Enforcement., Paul Riffe

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Justice For None: The Fourth Circuit's Decision In Denny V. Elizabeth Arden Salons, Inc. Undermines The Civil Rights Act Of 1964., Sarah Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Since Congress passed the Civil Rights Act of 1964, courts continue to grapple with identifying what establishments qualify as public accommodations. More specifically, the most contested section covers places of entertainment. There is a split in interpretation regarding whether to include establishments not expressly listed. The Fourth Circuit Court of Appeals, in Denny v. Elizabeth Arden Salons, Inc., ruled to exclude establishments not expressly listed, applying a strict textual approach. This Court’s ruling directly undermines the Civil Rights Act’s purpose of affording equal protection by drawing arbitrary distinctions between full-service spas and other spas. The Fourth Circuit Court’s narrow interpretation …

Restricting Human Embryonic Stem Cell Research: Creating Life Or Destroying Freedom., Matt Massar

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Revealing The Impurities Of Ivory Soap: A Legal Analysis Of The Validity Of The Implementation Of The No Child Left Behind Act., Andrea Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

School Violence And Race: The Problem Of Peer Racial Harassment Against Asian Pacific American Students In Schools., William Y. Chin

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Reconsidering Religion Policy As Violence: Lyng V. Northwest Indian Cemetery Protection Association., Adam Grieser, Peter Jacques, Richard Witmer

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Impending Health Care Crisis In Texas: The Status Of Health Care For Impoverished Texans., Raj Aujla

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Mortgage Reform And Anti Predatory Act Of 2007: Paving A Secure Path For Minorities In The Midst Of The Subprime Debacle., Emily Jeffcott

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Door To Higher Education: Accessible To All - Whether State-Funded Merit-Aid Programs Discriminate Against Minorities And The Poor., Erin Oehler

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Class Of 2010 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2010

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

Marital Jam Sessions On Trial: Ecclesiastical Abstention And Employment Division, Department Of Human Resources V. Smith In The Supreme Court Of Texas., Charles Flores

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Golden Rule Of Texas: Restricting And The Reduction Of Minority Voting Power., Brooks Landgraf

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Love Them, Love Them Not: The Reflection Of Anti-Immigrant Attitudes In Undocumented Immigrant Health Care Law., Neda Mahmoudzadeh

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Parental Choice And School Vouchers: A Viable Facet Of Texas Public Education Reform., Matthew Ormiston

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Road Not Taken: The Next Step For Texas Education Finance., Angela Marie Shimek

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Evolving Standard For The Granting Of Mandamus Relief In The Texas Supreme Court: One More Mile Marker Down The Road Of No Return, Richard E. Flint

Faculty Articles

The Prudential balancing test should be of concern for anyone interested in the rule of law. This test is the current binding precedent for determining when an appellate court should exercise its mandamus authority upon a finding of a clear abuse of discretion. This test has substantially altered one of the most time honored principles of mandamus jurisprudence, and replaced it with a newly articulated standard that leads to nothing short of ad hoc decision making.

In the area of mandamus jurisprudence, the Texas Supreme Court has, from time to time, developed different ways to circumvent the common law history …

Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum,, Bernard D. Reams Jr., Michael P. Forrest

Faculty Articles

Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results.

Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …

The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21, Michael S. Ariens

Faculty Articles

The Texas Supreme Court from 1911–1921 is best known not for the law it made or the opinions it wrote, but for its failure to decide cases. Although the supreme court’s difficulty in clearing its docket existed before 1911, the number of outstanding cases exploded during the second decade of the twentieth century.

Arguably, the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were …

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

In June 2007, the Standing Committee on the Federal Rules of Procedure and Evidence authorized publication for comment on a number amendments to the rules of criminal procedure. The amendment to Criminal Rule 7 would delete subdivision (c)(2) because it is covered in Rule 32.2(a). The change to Criminal Rule 32 would provide that the presentence report should state whether the government is seeking forfeiture of property. Amendments to Criminal Rule 32.2. would change a number of procedures related to criminal forfeiture. Criminal Rule 41 would create a two-step process for seizing and reviewing electronic storage media. Amendments to the …

Texas Annual Survey: Securities Regulation, George Lee Flint Jr

Faculty Articles

With respect to easing registration requirements, the State Securities Board (“Board”) had the opportunity to lead both state and federal securities regulatory bodies through rule changes for finders--those who assist issuers in finding purchasers. The Board also issued no-action letters for nonregistration of securities issued in connection with various reorganizations involving a Massachusetts business trust, a demutualization of an insurance company, and an exchange of private shares for public American Depository Receipts.

Other than considering the availability of the in pari delicto defense for litigation-funding agreements, the courts generally avoided the interesting issues. Such issues include whether a seller’s fraud …

Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel, Colin P. Marks

Faculty Articles

Outside counsel who conduct internal investigations for corporate clients have always faced ethical concerns, especially when interviewing employees. Generally, a carefully crafted blanket statement at the beginning of the interview explaining outside counsel's role was sufficient to address these concerns. However, recent charging policies adopted by the Department of Justice ("DOJ") have drastically changed the rules. These policies, articulated in what is now commonly referred to as the "Thompson Memo," after the author and then Deputy General Larry Thompson, allowed prosecutors to consider factors such as waivers of the attorney-client privilege and work-product protections and whether the company provides legal …

Categorical Exclusions From Capital Punishment: How Many Wrongs Make A Right?, Dora W. Klein

Faculty Articles

The two categorical exclusions of age and mental capacity will impact not only those offenders who are excluded from the death penalty, but also those offenders who remain subject to this punishment. The Supreme Court’s decisions in Roper v. Simmons and Atkins v. Virginia raise the issue that a capital-punishment-limiting decision possesses wrongs of its own. Both decisions limit the death penalty—Roper excludes from this punishment offenders who committed their crimes before they were eighteen years old and Atkins excludes offenders who are mentally retarded. But in both cases, the Supreme Court overstated the uniformity and universality of traits associated …

State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger

Faculty Articles

Throughout the world, international and state political boundaries divide groundwater resources into politically convenient jurisdictions. Subsurface water, however, does not recognize such borders and flows freely without regard to overlying politics. This disregard for the political dimension, coupled with the growing global importance of fresh water, has the potential for aggravating disputes and conflicts over the use, allocation, and preservation of such resources. To date, widely accepted norms of international law applicable to transboundary aquifers have yet to emerge. However, local and regional agreements, including both formal and unofficial arrangements, suggest the emergence of state practice that should be considered …

Comment: The Ninth Amendment: A Constitutional Challenge To Corporal Punishment In Public Schools, David R. Hague

Faculty Articles

The Supreme Court's refusal to resolve the conflict over corporal punishment in public schools perpetuates the uncertainty over children and parents' legal rights. The use of corporal punishment in public schools unconstitutionally abridges parents' right to direct the upbringing of their children because it forces parents to accept the emotional and physical marks that corporal punishment leaves on their children. In 1977, the Supreme Court addressed the constitutionality of corporal punishment in Ingraham v. Wright. The Court held that the cruel and unusual punishment clause of the Eighth Amendment applied only to criminal punishments and thus provided no protection against …