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

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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

Quarterly News

No abstract provided.

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

Monthly Report

No abstract provided.

Ten-Step Guide To Oral Argument For Junior Attorneys, David A. Grenardo

Faculty Articles

Understanding what is necessary to argue effectively is important for junior attorneys to make compelling oral arguments. They must be persuasive, prepared, and precise. By following this 10-step guide, junior attorneys can maximize their opportunity to litigate and represent their clients’ interests.

First, tell the judge why you are there and what you want. Judges are extremely busy and may have hundreds of cases on their docket. Next, anticipate arguments and counterarguments that may be made by the parties and the court. Anticipating potential arguments aids in preparation prior to the hearing. Be responsive and respectful to the judge. Take …

Center For Terrorism Law: Monthly Activity Report, 2010-06, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2010-05, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2010-04, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2010-03, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2010-02, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2010-01, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

Catholicism And Constitutional Law: More Than Privacy In The Penumbras, Bill Piatt

Faculty Articles

No abstract provided.

Just Talking With The Furniture, Emily A. Hartigan

Faculty Articles

The current social and political situation of the United States is post-modern, post-colonial, post-critical, and post-secular. It is located in a two-party system in which the substantive values of the population are radically fragmented. As such, American social and political culture needs new prospects for conversation, both about and constituting justice, which can cross the vast differences between its members. It is time to enter a discourse on substantive justice in a way that uses the imagined unity of modernist thought as a way station for something both old and new.

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

Faculty Articles

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, …

Plato, The Prince, And Corporate Virtue: Philosophical Approaches To Corporate Social Responsibility, Colin P. Marks, Paul S. Miller

Faculty Articles

Corporate Social Responsibility (“CSR”) has been a topic of discussion within corporate law and policy for over 40 years. CSR, in its broadest sense, explores what obligations a corporation should or can undertake to further the goals of society. Business academics have described four social responsibilities that any company has to society: economic, legal, ethical, and philanthropic. The progressive advocates within the legal academic debate surrounding CSR argue that a corporation should seek to do more than just turn a profit; it should seek to make society “better.” However, by seeking to make society “better,” the corporation begins to act …

The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod

Faculty Articles

Many of the legal and policy issues about which people today get most exercised turn on a little-understood relationship between two fundamental principles. On one hand is the principle of autonomy, which, for reasons explored in this article, is often employed in defense of greater freedom and less government intervention in matters of morals and self-harmful conduct. On the other hand is respect for basic goods, those ends and purposes that constitute ultimate, underived, and intelligible reasons for rational action, and which include knowledge, human life, and community, among others. Basic goods provide reasons for human purposing and action (as …

The Tao Of Pleading: Do Twombly And Iqbal Matter Empirically, Patricia W. Moore

Faculty Articles

In 2007, the Supreme Court issued its opinion in Bell Atlantic Corp. v. Twombly, sending “shockwaves” through the federal litigation bar. Seemingly without prior warning, the Court abrogated “the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief”—the standard for deciding 12(b)(6) motions first stated fifty years earlier in Conley v. Gibson. To replace the old rule, the Court announced a new “plausibility” standard: that a complaint …

Innovation Or Renovation In Criminal Procedure: Is The World Moving Toward A New Model Of Adjudication?, Gerald S. Reamey

Faculty Articles

A universal system of criminal procedure offers the allure of efficiency, predictability, and enhanced crime control. For the first time in modern history, universality seems achievable. The criminal procedures employed by the world’s major legal systems are converging. What was once distinctively “civil” or “common law” is now a blend of the two. The adversarial adjudicative approach of most common law countries now can be found in the most unlikely places, and civil law characteristics adorn the processes of some of the world’s most aggressively adversarial systems.

While this movement has not gone unnoticed, the pace of change has accelerated, …

Texas Annual Survey: Securities Regulation, George Lee Flint Jr

Faculty Articles

Securities law opinions during this period fall into two categories. The first deals with incompetent lawyers. In Miller, a state court reinstated a cease and desist order against an issuer whose lawyer failed to object to a witness's testimony when a co-defendant's counsel did. In In re Next Financial Group, the Texas Supreme Court granted mandamus and ordered arbitration for the termination of a broker when the arbitration agreement permitted only an exception for statutory discrimination, not a common law exception to the employment-at-will doctrine.

The second group of cases involve Fifth Circuit opinions discussing securities fraud actions under the …

Calls For National Identity Card To Halt Illegal Immigration, Jeffrey F. Addicott

Faculty Articles

Rising concerns for security and integrity have caused the federal government to revisit the issue of who is allowed into the United States. Each year, tens of millions of visas are granted to foreign nationals for reasons varying from education, travel, to even conducting business. Of paramount concern is that about forty percent of the nation’s undocumented immigrants are those who have overstayed their visas. While millions overstay their visas, millions more continue to pour across an open border from Mexico. One proposal made by the Senate to halt or slow illegal immigration is the creation of a national identity …

Finding And Incorporating Spirituality In The Work Of The Clinic, Ana M. Novoa

Faculty Articles

forthcoming

A Non-Fatal Collision: Interpreting Rluipa Where Religious Land Uses And Community Interests Meet, Adam J. Macleod

Faculty Articles

Imagine a large church located in a multi-family residential zoning district, where commercial uses are not permitted and religious uses are permitted by special use permit. The church applies for a special use permit to open a coffee shop, which would operate throughout the week during normal business hours and would supplement and support the church's other ministries. At the hearing on the permit application, many neighbors object. They fear increased traffic, visual blight, and safety hazards for their children. The city denies the permit. The church files an action against the city, alleging that the city has substantially burdened …

L'Oz, Emily A. Hartigan

Faculty Articles

Taking Oz Seriously is a piece that contemplates the interaction between the Law and the girl/woman in The Wizard of Oz. The interaction is set in motion by the legal document that Miss Gulch waves at Uncle Henry and Auntie Em allowing Miss Gulch to take Toto away from Dorothy. Additionally, this story is also about the feminine in our culture and in the academy. In the end, Dorothy finds her own way home. The implication is that not only is Dorothy transformed, but she is also transformative. Although it seems that the adults are just playing her along at …

“Save The Land From Uncle Sam”: Using Life Insurance Premium Financing In Estate Planning, Lee Lytton

Faculty Articles

T

he federal estate tax can be particularly destructive to estates where there is a desire to pass on legacy holdings to succeeding generations. The estate lacks adequate cash for families to pay the resulting taxes. Therefore, life insurance premium financing may help families pay the estate taxes. An estate planning strategy utilizes life-insurance-premium financing that generates a ready cash pool to pay estate taxes is not universally applicable, but it can provide a cost-effective option for legacy preservation.

Life insurance is often used as part of an estate plan to generate and maintain separate cash reserves to pay death …

Rehabilitating Mental Disorder Evidence After Clark C. Arizona: Of Burdens, Presumptions, And The Rights To Raise Reasonable Doubt, Dora W. Klein

Faculty Articles

The right not to be found guilty of a crime absent proof beyond a reasonable doubt is a powerful right. It can be undermined, however, by rules that at first seem to have little to do with reasonable doubt or with burdens of proof.

In the recent case of Clark v. Arizona, the Supreme Court considered whether states may enact rules that categorically prohibit criminal defendants from offering mental disorder evidence for the purpose of raising reasonable doubt regarding the mens rea element of a charged offense. In Arizona law, mental disorder evidence is inadmissible for the purpose of disproving …

The Obstacles Of Outsourcing Imported Food Safety To China, Chenglin Liu

Faculty Articles

Outsourcing regulatory power through a bilateral agreement with China is unlikely to ensure the safety of imported food for two primary reasons: (1) shifting the regulatory burden does not present a feasible alternative to the traditional enforcement tools of outcome-based and production-based inspections and sanctions; and (2) China's burgeoning food safety regime, based on an entirely different culture and legal system, provides little incentive for Chinese food manufacturers to increase production costs to comply with U.S. standards.

There are three approaches for securing food safety in the U.S.: (1) increase inspections at the borders by utilizing traditional outcome-based enforcement tools; …

Ending Surprise Liens On Real Property, Chad J. Pomeroy

Faculty Articles

Academics, lawmakers, and the general public have long believed that secret liens are problematic. In real property, these are liens that are not recorded in the real property filing system. Secret liens become especially problematic when they are enforced, despite their secrecy, against subsequent purchasers of the property. If the purchaser does not satisfy the lien by paying the underlying debt, the lien holder can foreclose on the property. One of the main purposes of having real property recording statutes was to avoid surprise liens (secret liens afforded priority over subsequent purchasers) and ensure that real estate purchasers and investors …

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

A number of amendments to the Federal Rules of Procedure and Evidence became effective on December 1, 2009. The change to Criminal Rule 7 deleted subdivision (c)(2), which required that the indictment include notice that the defendant has an interest in forfeitable property. Criminal Rule 32 now provides that the presentence report state whether the government is seeking forfeiture of property. Criminal Rule 32.2 received six amendments concerning criminal forfeiture. Criminal Rule 41 created a two-step process for seizing and reviewing electronic storage media. Further, of the Rules Governing § 2254 Proceedings, Rule 11 was created to make the requirements …