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- St. Mary’s University School of Law (22)
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- 10 U.S.C. § 836 (1)
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- 18 U.S.C. § 16 (1)
- 18 U.S.C. § 32 (1)
- 29 Int’l Legal Prac. 157 (1)
- 3 C.F.R. 196 (1)
- 31-W Insulation Co. v. Dickey (1)
- 42 U.S.C. § 2162(d) (1)
- 8 U.S.C. § 1182(a)(9)(A)(i) (1)
- 9 U.S.C. § 10(a)(2) (1)
- 9 U.S.C. § 10(a)(4) (1)
- 9 U.S.C. § 2 (1)
Articles 1 - 30 of 47
Full-Text Articles in Law
A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson
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
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
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. …
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
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
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
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
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
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 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.
Fostering To Children's Needs Or Fostering To Legislators' Personal Agendas., Tracy Kasparek
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 …
The Impending Health Care Crisis In Texas: The Status Of Health Care For Impoverished Texans., Raj Aujla
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 Real Id Act And The Negative Impact On Latino Immigrants., Arianna Garcia
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.
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 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.
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.
Love Them, Love Them Not: The Reflection Of Anti-Immigrant Attitudes In Undocumented Immigrant Health Care Law., Neda Mahmoudzadeh
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.
The Road Not Taken: The Next Step For Texas Education Finance., Angela Marie Shimek
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 Golden Rule Of Texas: Restricting And The Reduction Of Minority Voting Power., Brooks Landgraf
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.
Parental Choice And School Vouchers: A Viable Facet Of Texas Public Education Reform., Matthew Ormiston
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.
Spam (Supremacy Clause, Public Forums, And Mailings): The Fifth Circuit's Interpretation Of The Can-Span Act In White Buffalo V. University Of Texas Comment., Jason A. Smith
St. Mary's Law Journal
Unsolicited email advertisement, spam, has been a problem of the internet since its inception. In the face of this onslaught, users have fought back with a variety of methods, involving filtering software. Users have also resorted to the courts, suing spammers under the “trespass to chattels” theory. Not all courts have agreed with this theory, as there is often little evidence of the owner’s use of their servers being adversely affected by a digital trespass. While the states were the first to address overwhelming amount of spam, Congress address the issue with the first nationwide anti-spam legislation, the CAN-SPAM Act. …
Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder
Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder
St. Mary's Law Journal
Abstract Forthcoming.
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
St. Mary's Law Journal
This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …
Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik
Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik
St. Mary's Law Journal
Individuals who are not United States citizens and participate in violent or severe criminal activity are likely to be deported and become inadmissible for life. But noncitizens can also be deported for minor criminal activity which does not cause harm or serious damage. In such cases, deportation is an extreme punishment out of proportion to the offense. Unauthorized use of a motor vehicle (UUMV) is an example of a crime which can be committed without serious harm or damage. The Fifth Circuit regularly sustains decisions of lifetime reentry ban for noncitizens convicted of UUMV. Under immigration law, “aliens” who are …
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
St. Mary's Law Journal
In the wake of a defeat in arbitration, trial lawyers seek appellate counsel looking for some method to escape the arbitrator’s decision. Most leave such offices disappointed after having been informed arbitration awards will be set aside by the courts “only in very unusual circumstances.” The Federal Arbitration Act (FAA) fully endorses arbitration and liberally encourages its use as an alternative to traditional litigation. Consistent with Congress’ focus on speed, efficiency, and cost reduction, a critical goal of arbitration is to establish “finality” at the earliest possible point. Unfortunately, early finality is antithetical to robust appellate proceedings. Yet, the FAA …
Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo
Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo
St. Mary's Law Journal
There is a nationwide debate on whether punitive damages should be insurable. Insuring punitive damages causes courts concern regarding whether a wrongdoer escapes punishment by having the insurer pay for damages attributable to the wrongdoer’s egregious conduct. The United States Court of Appeals for the Fifth Circuit noted Texas’ public policy does not justify interference with private insurance contracts. The Court determined Texas allows liability insurance contracts to cover punitive damages and declared the inquiry ended. But, in the years since this determination, many Texas appellate courts have contracted the Fifth Circuit’s holding. The shifting discussion among Texas appellate courts …
Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal
Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal
St. Mary's Law Journal
Conflicts of interest among clients present some of the most pervasive ethical problems lawyers face. In many instances the affected clients may consent to a conflict. Under the ABA Model Rules of Professional Conduct, for consent to be effective, it must be “informed” and must be “confirmed in writing.” Informed consent to such conflict is often referred to as a “waiver” of the conflict. Many law firms have begun seeking “general advance waivers” of conflicts of interest. The ethical rules did not deal with the issue of advance waiver until 2002. Both Model Rules and the Restatement of the Law …
Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Colin P. Marks
St. Mary's Law Journal
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 …
Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.
Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.
St. Mary's Law Journal
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 Trans-Texas Corridor Plan: Will Best Value Highway Contract Procurement Under Comprehensive Development Agreements Leave The Lowest Competitive Bidder In The Dust Comment., Jason C. Petty
St. Mary's Law Journal
Abstract Forthcoming.
Comparative Responsibility In Nonsubscriber Litigation Revisited After Kroger Co. V. Keng., Trek C. Doyle, Jarrett R. Andrews
Comparative Responsibility In Nonsubscriber Litigation Revisited After Kroger Co. V. Keng., Trek C. Doyle, Jarrett R. Andrews
St. Mary's Law Journal
The Texas Supreme Court’s decision in Kroger Co. v. Keng appears to resolve the question of whether an employer who does not subscribe to worker’s compensation can avail itself of the proportionate responsibility scheme in Chapter 33 of the Texas Civil Practice and Remedies Code. The question left unresolved is whether proportionate responsibility is available in nonsubscriber cases involving additional independently liable defendants. In Keng, the Court premised its holding on Texas Labor Code § 406.033, concluding nonsubscribing employers are prohibited from proving its employees were negligent. The Keng Court declined to decide whether proportionate responsibility was unavailable per se. …