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Articles 1 - 15 of 15
Full-Text Articles in Law
American & British Insurers And Courts As Aiders And Abettors Of Commercial Terrorism., Will Rice
American & British Insurers And Courts As Aiders And Abettors Of Commercial Terrorism., Will Rice
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata
Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas courts should not apply the best interest standard established in Holley v. Adams to all child custody disputes because it is not a one-size-fits all approach. In Holley, a parental rights termination case, the Texas Supreme Court listed factors to consider when evaluating the best interest of the child. These factors, however, do not adequately address all the issues in a child custody case. Additionally, specific factors including parent’s wishes, religion, race, or the parents' sexual preference are not considered Holley factors. Another significant problem with relying on Holley is that judges are not required to address each factor …
The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland
The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland
The Scholar: St. Mary's Law Review on Race and Social Justice
Wealth and property are not equally distributed in America, and these inequities are exacerbated by the American school system. The current school system is community-centered, meaning children living in poorer districts do not have access to the same level of education as children living in wealthier districts. The comment discusses the impact that budgeting decisions have on community perceptions and expectations, as well as how community favoritism plays a role in the education financing equation. Finally, the author proposes eliminating what is essentially an “educational caste system,” and discusses how to change the attitudes of society and alter the ways …
Dedication To Representative Irma Rangel: May 15, 1931 - March 18, 2003., Alma L. Lopez
Dedication To Representative Irma Rangel: May 15, 1931 - March 18, 2003., Alma L. Lopez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Property And The Role Of Land-Based Cultural Heritage - Global And National - Welcome And Introduction., Placido G. Gomez
Property And The Role Of Land-Based Cultural Heritage - Global And National - Welcome And Introduction., Placido G. Gomez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Lobato V. Taylor., Jeffrey A. Goldstein
Lobato V. Taylor., Jeffrey A. Goldstein
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Beyond The Courts Of The Conqueror: Balancing Private And Cultural Property Rights Under Hawai'i Law., M. Casey Jarman, Robert R.M. Verchick
Beyond The Courts Of The Conqueror: Balancing Private And Cultural Property Rights Under Hawai'i Law., M. Casey Jarman, Robert R.M. Verchick
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Trained Canines At The U.S.-Mexico Border Region: A Review Of Current Fifth Circuit Law And A Call For Change., Jorge G. Aristotelidis
Trained Canines At The U.S.-Mexico Border Region: A Review Of Current Fifth Circuit Law And A Call For Change., Jorge G. Aristotelidis
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Paper School House: The Business Of Texas Charter Schools And Their Effect On The Minority Student Population., Anna Lisa Garcia
The Paper School House: The Business Of Texas Charter Schools And Their Effect On The Minority Student Population., Anna Lisa Garcia
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Psychological Manipulation Of The Consumer-Patient Population Through Direct-To-Consumer Prescription Drug Advertising., Elizabeth C. Melby
The Psychological Manipulation Of The Consumer-Patient Population Through Direct-To-Consumer Prescription Drug Advertising., Elizabeth C. Melby
The Scholar: St. Mary's Law Review on Race and Social Justice
Drug direct-to-consumer advertisements manipulates the public through the manufacturer’s marketing practices. The goal of pharmaceutical companies is to create consumer demand for their products, and they achieve this goal by showing advertisements that portray their products as life-enhancing. This leads to an exponential increase in demand for and spending on these pharmaceutical drugs. This increased promotion of direct-to-consumer advertising affects the physician-patient relationship, while drug companies face little, if any, liability. Drug companies expend significant efforts to obtain patents to keep their products competitive on the market, and to prevent customers from switching to an inexpensive generic drug. The author …
Fire First And Ask Questions Later: What Is The Effect Of The Social Security Administration's Mismatch Letters., Paul R. Penny Iii
Fire First And Ask Questions Later: What Is The Effect Of The Social Security Administration's Mismatch Letters., Paul R. Penny Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Litigating Property Under The Guadalupe Hidalgo Treaty: The Sangre De Cristo Land Grant Case., Peter L. Reich
Litigating Property Under The Guadalupe Hidalgo Treaty: The Sangre De Cristo Land Grant Case., Peter L. Reich
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander
No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander
The Scholar: St. Mary's Law Review on Race and Social Justice
In Texas, the State has to show sexual penetration occurred in order to convict a perpetrator of a first degree felony of aggravated sexual assault when the victim is under fourteen years of age. However, sexual assault victims between the ages of fourteen and sixteen years old must show that serious bodily injury occurred as a result of force in order to get a charge of aggravated sexual assault. As a result, the State can only charge perpetrators who sexually abuse family members between fourteen and sixteen years of age with sexual assault, which carries a lower penalty. This comment …
South Africa's Land Reform Programme., Andre J. Groenewald
South Africa's Land Reform Programme., Andre J. Groenewald
The Scholar: St. Mary's Law Review on Race and Social Justice
South Africa is committed to land reform. Because land is what shapes our national identity, the land dispossession of black people by the hand of white colonizers shapes the importance of land reform in South Africa. After the Natives’ Land Act of 1913, rights to own, rent, or even sharecrop land in South Africa depended upon a person’s racial classification. This was furthered by the Native Trust and Land Act of 1936. In 1994, however, the new government passed a Land Restitution Act. The land reform policy, Reconstruction and Development Programme, aimed to redress the injustices of apartheid, foster national …
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.