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St. Mary's University

2010

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Articles 1 - 30 of 72

Full-Text Articles in Law

Legal Reading And Success In Law School: The Reading Strategies Of Law Students With Attention Deficit Disorder (Add)., Leah M. Christensen Dec 2010

Legal Reading And Success In Law School: The Reading Strategies Of Law Students With Attention Deficit Disorder (Add)., Leah M. Christensen

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

The new reality in legal education is that a certain percentage of our students will come to us with Attention Deficit Disorder (ADD) or with another learning disability, either disclosed or undisclosed. Yet there has been little empirical research on how law students with learning disabilities read and understand the law. This study examines how three law students with ADD read a judicial opinion. The results suggest a relationship between successful law school performance and the use of problematizing and rhetorical reading strategies, and between less successful law school performance and the use of default reading strategies. Further, the results …


Cap-And-Trade Spells Economic Disaster For America's Poor., Jay B. Wiley Dec 2010

Cap-And-Trade Spells Economic Disaster For America's Poor., Jay B. Wiley

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

Abstract Forthcoming.


Is Obama Black: The Pseudo-Legal Definition Of The Black Race: A Proposal For Regulatory Clarification Generated From A Historical Socio-Political Perspective., Gloria J. Liddell, Peason Liddell Jr. Dec 2010

Is Obama Black: The Pseudo-Legal Definition Of The Black Race: A Proposal For Regulatory Clarification Generated From A Historical Socio-Political Perspective., Gloria J. Liddell, Peason Liddell Jr.

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

Barack Obama’s successful run for President of the United States exposed many intriguing sociological and political issues in American society, not least of which was the question of race. Obama was the offspring of a mother of White European ancestry and a father of African ancestry. Obama is considered “Black,” though some would argue he could have been called “White” just as justifiably. The public discourse surrounding the election of President Obama highlights the need for clarification. In this Article, we explore the past to provide a foundational perspective. In proposing a somewhat unconventional definition, we seek to contain within …


The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire Dec 2010

The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire

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

Abstract Forthcoming.


Beyond The Shackles And Chains Of The Middle Passage: Human Trafficking Unveiled., Enrique A. Maciel-Matos Dec 2010

Beyond The Shackles And Chains Of The Middle Passage: Human Trafficking Unveiled., Enrique A. Maciel-Matos

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

For the Trafficking Victims Protection Act (TVPA) to truly meet its twin aims of the prosecution of traffickers and the protection of victims, it must be reformed. The current overemphasis on the prosecution of traffickers renders the TVPA an ineffective tool for providing aid to victims of human trafficking. Trusting law enforcement officers to identify victims without proper training may lead to victims of more severe trafficking being denied benefits. Further, by providing benefits only to those who agree to cooperate with law enforcement, the TVPA denies assistance and protection to those who may be too scared or traumatized to …


Pre-Employment Credit Checks: Effectuating Disparate Impact On Racial Minorities Under The Guise Of Job-Relatedness And Business Necessity., Roberto Concepcion Jr. Dec 2010

Pre-Employment Credit Checks: Effectuating Disparate Impact On Racial Minorities Under The Guise Of Job-Relatedness And Business Necessity., Roberto Concepcion Jr.

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

No abstract provided.


Secrets And Lies: The Intelligence Community's Don't Ask, Don't Tell., Andrew Olivo Dec 2010

Secrets And Lies: The Intelligence Community's Don't Ask, Don't Tell., Andrew Olivo

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

No abstract provided.


Thou Shall Not Discriminate: A Proposal For Limiting First Amendment Defenses To Discrimination In Public Accommodations., Jennifer Ann Abodeely Dec 2010

Thou Shall Not Discriminate: A Proposal For Limiting First Amendment Defenses To Discrimination In Public Accommodations., Jennifer Ann Abodeely

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

No abstract provided.


Measuring The Impact Of Political Ideology On The Adoption Of English-Only Laws In The United States., Philip C. Aka, Lucinda M. Deason, Augustine Hammond Dec 2010

Measuring The Impact Of Political Ideology On The Adoption Of English-Only Laws In The United States., Philip C. Aka, Lucinda M. Deason, Augustine Hammond

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

Abstract Forthcoming.


Boarding Up The Fair Housing Act: Time Barring Design And Construction Claims For Handicapped Individuals., Matthew R. Farley Dec 2010

Boarding Up The Fair Housing Act: Time Barring Design And Construction Claims For Handicapped Individuals., Matthew R. Farley

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

The Fair Housing Act (FHA), enacted as Title VIII of the Civil Rights Act of 1968, prohibits the discrimination of the sale, rental, and financing of residential dwellings based on race, color, religion, or national origin. Eventually, Congress amended the Fair Housing Act by adding disabilities and family composition to the list of protected classes. This change was enacted to combat the wide assortment of discriminatory issues that these now-protected individuals experience. Disabled individuals are likely to face discrimination due to the design or construction of residential homes. Though Congress has made a conscious effort to address and minimize the …


Lords Of The Manor: Fighting California Slumlords With Private Multi-Plaintiff Implied Warranty Of Habitability Litigation., Christina Sosa Dec 2010

Lords Of The Manor: Fighting California Slumlords With Private Multi-Plaintiff Implied Warranty Of Habitability Litigation., Christina Sosa

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

Abstract Forthcoming.


Defining Violence On The Blackboard: An Overview Of The Texas Education Code's Approach To Teen Dating Violence., Jessica Ramos Dec 2010

Defining Violence On The Blackboard: An Overview Of The Texas Education Code's Approach To Teen Dating Violence., Jessica Ramos

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

Abstract Forthcoming.


A Choice Between Food And Medicine: Denning V. Barbour And The Struggle For Prescription Drug Coverage Under The Medicaid Act., Armen H. Merjian Dec 2010

A Choice Between Food And Medicine: Denning V. Barbour And The Struggle For Prescription Drug Coverage Under The Medicaid Act., Armen H. Merjian

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

Abstract Forthcoming.


Breaking The Dress Code: Protecting Transgender Students, Their Identities, And Their Rights., Zenobia V. Harris Dec 2010

Breaking The Dress Code: Protecting Transgender Students, Their Identities, And Their Rights., Zenobia V. Harris

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

Abstract Forthcoming.


The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard Dec 2010

The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard

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

The United States remains one of only half a dozen U.N. member states that have yet to ratify the International Covenant on Economic, Social and Cultural Rights. The treaty was signed by President Jimmy Carter in 1977, but no steps toward ratification have ever been taken. Meanwhile, the gap between the rich and the poor in this country continues to grow, and is among the highest of any democracy on earth. The United States is historically suspicious of even recognizing economic, social and cultural rights as “rights” that might be amenable to any method of enforcement. As a result, the …


Dualing Causation And The Rights Of Employees With Hiv Under Sec. 504 Of The Rehabilitation Act., Lauren R.S. Mendonsa Dec 2010

Dualing Causation And The Rights Of Employees With Hiv Under Sec. 504 Of The Rehabilitation Act., Lauren R.S. Mendonsa

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

Abstract Forthcoming.


Waiver, Certification, And Transfer Of Juveniles To Adult Court: Limiting Juveniles Transfers In Texas., Emily Ray Dec 2010

Waiver, Certification, And Transfer Of Juveniles To Adult Court: Limiting Juveniles Transfers In Texas., Emily Ray

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

The adult criminal justice system is worse for juveniles who commit crimes. Underlying principles upon which the juvenile justice system was founded remain viable and worthy goals, and Texas law should reflect that understanding. Part II traces the development of juvenile justice in this country, including the evolution of the first American juvenile courts, and summarizes the due process rights afforded to juveniles by the U.S. Supreme Court. In Part III, I argue juvenile transfers to adult court should be limited in Texas with a special emphasis on young peoples' development, decision-making and reasoning abilities, and insights scientific research provides …


Perry V. Schwarzenegger: Trying Same-Sex Marriage., Michael J. Ritter Dec 2010

Perry V. Schwarzenegger: Trying Same-Sex Marriage., Michael J. Ritter

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

In 2008, California voters enacted Proposition 8, carving out an exception to the State constitution’s equal protection, due process, and privacy guarantees. After litigation in state court proved ineffective, same-sex couples sought relief in federal court in the widely discussed case Perry v. Schwarzenegger. Though the trial court released its decision only three weeks ago, the case has received attention by the national media and by legal circles throughout the country. This Article addresses the progression of the case of Perry from the filing of the case to its current status before the Ninth Circuit Court of Appeals. It offers …


Married To The Military: How To Protect Your Property Interests After The Marriage Mission Fails., Angela M. Shimek Dec 2010

Married To The Military: How To Protect Your Property Interests After The Marriage Mission Fails., Angela M. Shimek

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

Abstract Forthcoming.


The Cycle Of Violence: Domestic Violence And Its Effects On Children., Rosie Gonzalez, Janice Corbin Dec 2010

The Cycle Of Violence: Domestic Violence And Its Effects On Children., Rosie Gonzalez, Janice Corbin

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

Abstract Forthcoming.


The Texas Two-Step: The Criminalization Of Truancy Under The Texas Failure To Attend Statute., Elizabeth A. Angelone Dec 2010

The Texas Two-Step: The Criminalization Of Truancy Under The Texas Failure To Attend Statute., Elizabeth A. Angelone

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

Abstract Forthcoming.


Class Of 2013 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law Oct 2010

Class Of 2013 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 2013


Terrorism Law Report, 2010 Fall, St. Mary's University School Of Law Center For Terrorism Law Oct 2010

Terrorism Law Report, 2010 Fall, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.


Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy, And Procedure., Albert H. Kauffman Sep 2010

Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy, And Procedure., Albert H. Kauffman

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

Protecting, asserting, and guaranteeing the education rights of minority students will become even more important in the future. Different education civil rights have, in general, gone through four phases: (1) identification and recognition of the right; (2) strong legislative, judicial, and administrative enforcement of the right; (3) developed opposition to the right and judicial, legislative, and administrative inattention or opposition to dilute or ignore the right; and (4) changes in power and enforcement of the right depending on the approach of the courts and administrative agencies. These phases relate to school finance, Limited English Proficient (“LEP”) student instruction, accent discrimination, …


Linguistic Profiling In Education: How Accent Bias Denies Equal Educational Opportunities To Students Of Color., William Y. Chin Sep 2010

Linguistic Profiling In Education: How Accent Bias Denies Equal Educational Opportunities To Students Of Color., William Y. Chin

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

desegregation, education civil rights, Meagan Field, Jennifer Solak, William Chin, Monica Aguon, No Child Left Behind, Minority Student, The Scholar: St. Mary’s Law Review on Minority Issues, Limited English Proficient (LEP).


Texas, Why Wait - The Urgent Need To Improve Programming For Limited English Proficient Students., Jennifer Michel Solak Sep 2010

Texas, Why Wait - The Urgent Need To Improve Programming For Limited English Proficient Students., Jennifer Michel Solak

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

Abstract Forthcoming.


Justice As Fairness: The Equitable Foundations Of Adequacy Litigation., Meaghan Field Sep 2010

Justice As Fairness: The Equitable Foundations Of Adequacy Litigation., Meaghan Field

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

Abstract Forthcoming.


Equal Protection For The Gifted Student In The Public School System., Monica Aguon Sep 2010

Equal Protection For The Gifted Student In The Public School System., Monica Aguon

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

Abstract Forthcoming.


Center For Terrorism Law: Monthly Activity Report, 2010-08, St. Mary's University School Of Law Center For Terrorism Law Aug 2010

Center For Terrorism Law: Monthly Activity Report, 2010-08, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2010-07, St. Mary's University School Of Law Center For Terrorism Law Jul 2010

Center For Terrorism Law: Monthly Activity Report, 2010-07, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.