Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- St. Mary’s University School of Law (10)
- The Scholar: St. Mary’s Law Review on Race and Social Justice (6)
- The Scholar (4)
- Culture (2)
- Gender (2)
-
- Government (2)
- Immigration (2)
- Poverty (2)
- Religion (2)
- St. Mary’s Law School (2)
- Student comment (2)
- Women (2)
- Acclimation (1)
- Adjudication (1)
- Adolf Berle (1)
- Advocate (1)
- Afghan (1)
- Afghanistan (1)
- Agrarian cultural norms (1)
- Agri-industry (1)
- Agricultural law (1)
- American Civil Liberties Union of Southern California (ACLU/SC) (1)
- Angelica Jimenez (1)
- Arab (1)
- Article (1)
- Asylum (1)
- Asylum law (1)
- Atalla v. Kramer (1)
- Authority (1)
- BACHome (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
Teach The Women Well: Education Equality Is Key To Preventing Modern Day Slavery Of Women And Girls., Katharine A. Drummong
Teach The Women Well: Education Equality Is Key To Preventing Modern Day Slavery Of Women And Girls., Katharine A. Drummong
The Scholar: St. Mary's Law Review on Race and Social Justice
The key to ending modern-day slavery of women and girls requires placing further support for education initiatives in origin countries. A pro-education approach has yielded the greatest return. Since the beginning of civilization to the present, people have been trafficked and enslaved. Movements to abolish slavery gained momentum at the beginning of the nineteenth century: Great Britain outlawed slave trading in 1807, the United States abolished slavery in 1865, the League of Nations enacted a treaty calling for the end of slavery in 1926, and the efforts have strengthened in modern times. The United States’ Trafficking Victims Protection Act (TVPA) …
Unsavory Associations - Placing Migrant Children In Harm's Way: The Withdrawal Of Child Labor Rules From The Fair Labor Standards Act., Guadelupe T. Luna
Unsavory Associations - Placing Migrant Children In Harm's Way: The Withdrawal Of Child Labor Rules From The Fair Labor Standards Act., Guadelupe T. Luna
The Scholar: St. Mary's Law Review on Race and Social Justice
Instances of youth injuries or death compelled the Department of Labor (DOL) to respond with proposed rules. The proposed Child Labor Regulations would have promoted parity between agricultural and non-agricultural child labor provisions. Lawmakers, however, erroneously mischaracterized the legislation as harmful to “family farms.” Strong opposition came from farming families and agri-industry representatives who argued that the proposed revisions would eliminate the “parental exemption” from the Fair Labor and Standards Act. As a result, DOL withdrew the proposed standards. The proposed rules would have increased safety standards and provided awareness of the dangers youths face in the agriculture industry. Children …
Perpetuating Property: Exploitative Businesses, The Urban Poor, And The Failure Of Reform., David Ray Papke
Perpetuating Property: Exploitative Businesses, The Urban Poor, And The Failure Of Reform., David Ray Papke
The Scholar: St. Mary's Law Review on Race and Social Justice
Rent-to-own outlets, payday lenders, and title pawns should be banned. These industries exploit the urban poor by trapping them into a ceaseless debt cycle and are making the urban poor even poorer. Title pawns provide high-interest loans if would-be borrowers can produce the title to a motor vehicle. Payday lending allows consumers to get cash to buy commodities but are charged high interest rates. The rent-to-own business plays into the idea that consumer goods bring happiness and deceives urban poor with a way to close the gap in order to claim some degree of status. The urban poor who shop …
Who Should Reproduce; Perpetuating Archaic Value Judgements Of Procreation In The Patient Protection And Affordable Care Act., Maggie Davis
Who Should Reproduce; Perpetuating Archaic Value Judgements Of Procreation In The Patient Protection And Affordable Care Act., Maggie Davis
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Why The Eeoc Got It Right In Macy V. Holder: The Argument For Transgender Inclusion In Title Vii Interpretation., Taylor Alyse Pack Ellis
Why The Eeoc Got It Right In Macy V. Holder: The Argument For Transgender Inclusion In Title Vii Interpretation., Taylor Alyse Pack Ellis
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Splitting The Baby Internationally: Evaluating The Least Restrictive Conundrum When Protecting Children From International Parental Abduction., Jason Nitz
The Scholar: St. Mary's Law Review on Race and Social Justice
International programs and federal legislation have proven insufficient in protecting parental child abduction victims. Unfortunately, the left-behind parent has inadequate remedies to order the return of their child. The Hague Convention on the Civil Aspects of International Child Abduction (Hague), an international treaty, facilitates the return of abducted children. Three exemptions, however, have been included in Hague and permit the foreign country to reject the request to return the abducted child. The exceptions, acclimation, fundamental principles, and grave risk, have been unpredictably used by foreign courts and hinder the success of returning the abducted child. Two examples of federal legislation …
Safety Over Semantics: The Case For Statutory Protection For Domestic Violence Asylum Applicants., Spencer Kyle
Safety Over Semantics: The Case For Statutory Protection For Domestic Violence Asylum Applicants., Spencer Kyle
The Scholar: St. Mary's Law Review on Race and Social Justice
Women and children make up the vast majority of the world’s refugee population. However, in the United States, the majority of successful applicants are men. Asylum seekers who assert claims of domestic violence are largely unsuccessful. The current immigration laws do not take gender into account when determining societal factors for obtaining asylum. People often misinterpret most foreign domestic violence allegations as differences of religion or cultural practices. Many believe domestic violence against women is solely a private issue and not the product of a political or social system designed to make women inferior to men. This dichotomy allows people …
The Slow, Yet Long-Anticipated Death Of Doma And Its Impact On Immigration Law., Figueroa Laura, Angelica Jimenez
The Slow, Yet Long-Anticipated Death Of Doma And Its Impact On Immigration Law., Figueroa Laura, Angelica Jimenez
The Scholar: St. Mary's Law Review on Race and Social Justice
Following the Supreme Court’s rulings in United States v. Windsor and Hollingsworth v. Perry, it is expected that current federal laws concerning immigration, as it pertains to binational same-sex married couples, will be affected. In Windsor, the Court struck down Section Three of the Defense of Marriage Act (DOMA). The Court held the federal government could not treat same-sex couples differently from heterosexual couples. In Perry, however, the Court dismissed the case due to a lack of standing. As a consequence, Section Two of DOMA, which permits states to not recognize same-sex marriages performed in another state, remains valid. In …
Effective Plea Bargaining For Noncitizens, Craig Estlinbaum
Effective Plea Bargaining For Noncitizens, Craig Estlinbaum
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Sentencing Advocacy For Immigrants In Federal Criminal Courts., Balli Roberto, Claudia Valdez
Sentencing Advocacy For Immigrants In Federal Criminal Courts., Balli Roberto, Claudia Valdez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Muslims Denied: How The Uscis Uses A Formerly Secret Program To Delay And Reject Naturalization Applications From Muslims And Other Minorities., Deepak Amrik Singh Ahluwalia
Muslims Denied: How The Uscis Uses A Formerly Secret Program To Delay And Reject Naturalization Applications From Muslims And Other Minorities., Deepak Amrik Singh Ahluwalia
The Scholar: St. Mary's Law Review on Race and Social Justice
The Controlled Application Review and Resolution Program (CARRP) unduly burdens applicants of the United States naturalization process and creates the nearly impossible task of erasing any national security concern. Minorities, especially minorities of the Muslim faith, are subjected to unfair investigation and adjudication of their naturalization applications. Congress allegedly eradicated discrimination from the naturalization process with the Immigration and Nationality Act of 1952 (INA). The United States Citizenship and Immigration Services (USCIS), the agency in charge of overseeing lawful immigration to the United States, implemented CARRP in 2008 to establish a policy for handling naturalization cases which might be perceived …
Yearning To Be Free: Advancing The Rights Of Undocumented Children Through The Improvement Of The Special Immigrant Juvenile (Sij) Status Procedure., Jared Ryan Anderson
Yearning To Be Free: Advancing The Rights Of Undocumented Children Through The Improvement Of The Special Immigrant Juvenile (Sij) Status Procedure., Jared Ryan Anderson
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Consensual Police-Citizen Encounters: Human Factors Of A Reasonable Person And Individual Bias., Evan M. Mcguire
Consensual Police-Citizen Encounters: Human Factors Of A Reasonable Person And Individual Bias., Evan M. Mcguire
The Scholar: St. Mary's Law Review on Race and Social Justice
The Fourth Amendment protects against unreasonable government intrusion. The government must establish probable cause and obtain a warrant to search a particular location. However, there are minute Fourth Amendment distinctions at various levels of police-citizen interaction which act as exceptions to the general rule. Officers may approach a citizen for any reason as long as a reasonable person in their place would feel able to escape the officer’s advances. Ultimately, abuse of this exception to Fourth Amendment protections occurs frequently, especially when it comes to minority populations. The police can conduct a search without a warrant if there is reasonable …
A Critical Race Theorist Account Of Corporate Racial Standing., Jonathan Bailyn
A Critical Race Theorist Account Of Corporate Racial Standing., Jonathan Bailyn
The Scholar: St. Mary's Law Review on Race and Social Justice
Without guidance from the Supreme Court, federal circuits have been left to develop a patchwork of theories of corporate standing for racial discrimination. This patchwork of theories has ultimately resulted in an unstable doctrine, as each court applies a different theory of corporate and racial identity and, from a different premise, reach a different conclusion. To stabilize the doctrine of corporate racialization and resolving conflicting circuit outcomes, the Supreme Court should step in and determine when a corporation has standing to sue for racial discrimination. To properly respond to both the epistemological conundrum of race and the ontological conundrum of …
A Decade's Legacy: Dashed Hopes For Gender Equality And The Status Of Afghan Women In Light Of The Ensuing Drawdown., Meredith B. English
A Decade's Legacy: Dashed Hopes For Gender Equality And The Status Of Afghan Women In Light Of The Ensuing Drawdown., Meredith B. English
The Scholar: St. Mary's Law Review on Race and Social Justice
This Comment addresses the legal structures which need to be supported in order to ensure substantial gender equality after allied forces withdraw from Afghanistan. After 2013, justice for abused women in Afghanistan stalled. Research suggests women’s rights and peace in Afghanistan are directly related. The presence of the Taliban and their restrictive rules has many Afghan women fearing for their lives and for the loss of decades of progress in the women’s rights movement. Leaders in Afghanistan must acquire a more liberal interpretation of Sharia law, while staying within the boundaries of the religious and ethnic traditions of the culture. …
Toward A Transformative Equality: A Comparison Of South Africa's And The United States' Constitutional Equality Doctrines., Christina Lee
Toward A Transformative Equality: A Comparison Of South Africa's And The United States' Constitutional Equality Doctrines., Christina Lee
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
When Silence Requires Speech: Reviving The Right To Remain Silent In The Wake Of Salinas V. Texas., Brendan Villaneuva-Le
When Silence Requires Speech: Reviving The Right To Remain Silent In The Wake Of Salinas V. Texas., Brendan Villaneuva-Le
The Scholar: St. Mary's Law Review on Race and Social Justice
The history of an individual’s Constitutional right not to self-incriminate is complicated and counterintuitive. To eliminate this confusion, current Fifth Amendment jurisprudence should be altered. In Salinas v. Texas, the Supreme Court established silence alone is not enough to invoke an individual’s right to remain silent. Certain individuals face a significant disadvantage by this interpretation due to potential inabilities to understand their rights and how to invoke them. Providing clear and concise warnings better serves the Fifth Amendment’s original purpose, enabling people to know how to invoke their rights. The Supreme Court historically has adopted a liberal interpretation of the …
Citizen Suits And The Deepwater Horizon Oil Spill: An Assessment Of Multidistrict Litigation And The Fifth Circuit Court Of Appeals' Decision In Center For Biological Diversity, Inc. V. Bp America Production Co., Johnathan Ashton
The Scholar: St. Mary's Law Review on Race and Social Justice
The Deepwater Horizon oil spill in 2010 brought numerous environmental lawsuits in the United States as a result of the destruction of local economies whose livelihood relied on the now damaged ecosystems. Due to negligence by two of the highest-ranking supervisors, BP pled guilty to criminal charges brought against them. Their actions resulted in the deaths of eleven men working on the rig when it exploded, as well as the resulting oil spill into the Gulf of Mexico. This plea resulted in four billion dollars of fines and penalties. However, this case proved that private citizens need a way to …