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Articles 1 - 30 of 39
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
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
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.
The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire
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
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 …
Secrets And Lies: The Intelligence Community's Don't Ask, Don't Tell., Andrew Olivo
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.
Boarding Up The Fair Housing Act: Time Barring Design And Construction Claims For Handicapped Individuals., Matthew R. Farley
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 …
A Choice Between Food And Medicine: Denning V. Barbour And The Struggle For Prescription Drug Coverage Under The Medicaid Act., Armen H. Merjian
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.
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 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 …
Perry V. Schwarzenegger: Trying Same-Sex Marriage., Michael J. Ritter
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
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
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.
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
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.
Pre-Employment Credit Checks: Effectuating Disparate Impact On Racial Minorities Under The Guise Of Job-Relatedness And Business Necessity., Roberto Concepcion Jr.
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.
Thou Shall Not Discriminate: A Proposal For Limiting First Amendment Defenses To Discrimination In Public Accommodations., Jennifer Ann Abodeely
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.
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.
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 …
Dualing Causation And The Rights Of Employees With Hiv Under Sec. 504 Of The Rehabilitation Act., Lauren R.S. Mendonsa
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
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 …
The Texas Two-Step: The Criminalization Of Truancy Under The Texas Failure To Attend Statute., Elizabeth A. Angelone
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.
Lords Of The Manor: Fighting California Slumlords With Private Multi-Plaintiff Implied Warranty Of Habitability Litigation., Christina Sosa
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
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.
Breaking The Dress Code: Protecting Transgender Students, Their Identities, And Their Rights., Zenobia V. Harris
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.
Linguistic Profiling In Education: How Accent Bias Denies Equal Educational Opportunities To Students Of Color., William Y. Chin
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).
Justice As Fairness: The Equitable Foundations Of Adequacy Litigation., Meaghan Field
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
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.
Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy, And Procedure., Albert H. Kauffman
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, …
Texas, Why Wait - The Urgent Need To Improve Programming For Limited English Proficient Students., Jennifer Michel Solak
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.
If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson
If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson
St. Mary's Law Journal
The Supreme Court of Texas and the Texas Court of Criminal Appeals adopted the Standards for Appellate Conduct (Standards) on February 1, 1999. The Standards are intended to “give practitioners a valuable tool to use with clients who demand unprofessional conduct” by imposing “an affirmative duty to educate the client about the Standards of Appellate Conduct.” The Standards further state they do not “alter existing standards of conduct under the Texas Rules of Disciplinary Procedure, or the Code of Judicial Conduct.” Under the Rules of Disciplinary Procedure, sanctionable conduct includes “acts or omissions…which violate one or more of the Texas …
Unequal And Unfair: Why Texas Should Require Mandatory Sales Price Disclosure To Reconcile The Texas Property Tax Code With The Texas Constitution., Nathan Morey
St. Mary's Law Journal
Appraisal districts in Texas are implementing a system of taxation that is unequal and unfair. Texas counties, cities, and school districts depend on local ad valorem property taxes for revenue. Under the Texas Property Tax Code, the Code establishes appraisal districts to determine the value of taxable property. There is, however, a discrepancy between the cash value of the land and its appraisal value, especially when compared to commercial property and residential property. Commercial property and high-end residential real estate are often undervalued by appraisal districts throughout the state. Because commercial properties are under-appraised, the tax burden is being unequally …
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions Opinions In Bankruptcy Courts., Nancy B. Rapoport
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions Opinions In Bankruptcy Courts., Nancy B. Rapoport
St. Mary's Law Journal
Bankruptcy courts see too many incompetent bankruptcy lawyers, and the courts have few options for dealing with them. A court can rule against the lawyer, but this strategy punishes the lawyer’s client, who may be an innocent bystander. Alternatively, nothing prohibits a judge from deciding to hand down a sanctions opinion. Sanctions opinions arise when one party makes a request, or the court believes a lawyer’s behavior is serious enough to merit a written order. These instances include flouting the law—either bankruptcy law or the ethical rules—or being unaware of the fundamentals of bankruptcy practice and policy. In the instance …
Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank
Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank
St. Mary's Law Journal
Since the Enron debacle, shareholders have increasingly filed suit in state and federal courts to recoup financial losses resulting from fraudulent representations made by failing corporations. These shareholders have advanced common law misrepresentation claims against publicly traded companies for alleged fraudulent U.S. Securities and Exchange Commission (SEC) filings. Originally, the scope of liability for common law fraud was very narrow. This scope was later broadened in an attempt to provide protection to individuals commonly victimized by fraudulent behavior. Texas courts have gone to great lengths to ensure the “expectation of influencing conduct” requirement for common law fraud requires more than …