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Articles 1 - 26 of 26
Full-Text Articles in Law
Class Of 2022 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law
Class Of 2022 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law
Incoming 1L Photos (Facebooks)
Photographs of incoming law students for the St. Mary’s University School of Law, class of 2022
The Trump Travel Ban: Rhetoric Vs Reality, Jeffrey F. Addicott
The Trump Travel Ban: Rhetoric Vs Reality, Jeffrey F. Addicott
Faculty Articles
President Trump's "Muslim ban" set the nation afire with debate. Opponents to the ban were motivated by the President's underlying motivations. Three iterations of the travel ban were struck down by lower courts. Before the Supreme Court, however, the travel ban was upheld. First, the plain language of § 1182(f) granted broad discretion to the President. Second, it did not violate the prohibition of discrimination against selected categories in § 1152(a)(1)(A). Finally, it failed to violate the Establishment Clause because it is facially legitimate, satisfying rational basis review. The Court found no facial evidence demonstrating discriminatory bias.
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Faculty Articles
For U.S. companies with forced labor or child labor in the supply chain, litigation is on the rise. This Article surveys the current litigation landscape involving forced labor in the supply chain. It ultimately concludes that domestic corporations that source from international suppliers should adopt the Model Contract Clauses drafted by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts ("Working Group"). This Article traces the origins of cases involving supply chain forced labor, beginning with the early employee negligence cases that form the backdrop of existing case law and the cornerstone of …
Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer
Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer
Faculty Articles
No abstract provided.
A Lesson In Civility, David A. Grenardo
A Lesson In Civility, David A. Grenardo
Faculty Articles
The inherent importance of civility in the legal profession necessitates teaching civility by law schools. This Article demonstrates how civility applies to advocacy and the practice of law, the efficiency of our justice system, lawyer well-being, obtaining a job and professional identity formation, and public confidence in the legal system. The Article can assist courts, attorneys, and professors in understanding civility and its significance. Most critically, this Article provides a turnkey lesson plan for law schools on civility that professors can employ in a variety of classes including, among others, Professional Responsibility, Civil Procedure, and Constitutional Law. Teaching law students …
Reshaping American Jurisprudence In The Trump Era - The Rise Of Originalist Judges, Jeffrey F. Addicott
Reshaping American Jurisprudence In The Trump Era - The Rise Of Originalist Judges, Jeffrey F. Addicott
Faculty Articles
One of the factors that is often cited as a key reason why President Donald J. Trump was elected as the forty-fifth president, was his pledge to the American people to "make America great again" by appointing "conservative judges" to the bench, particularly when it came to filling any vacancies that might open on the United States Supreme Court. Since the never ending fight for securing an ideological majority on the Supreme Court is always viewed with great concern by both political parties, many wondered whether then candidate Trump was simply telling potential voters what they wanted to hear, or …
Rules To Impeach By - What It Takes To Remove A President, David Dittfurth
Rules To Impeach By - What It Takes To Remove A President, David Dittfurth
Faculty Articles
Professor David Dittfurth explains the steps that must be taken by Congress to impeach a president or other official.
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
Faculty Articles
Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association's (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player 's contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would …
2019-2020 School Year, St. Mary's University School Of Law
2019-2020 School Year, St. Mary's University School Of Law
The Witan
No abstract provided.
Fraud, Letters Of Credit, And The Uniform Commercial Code: It Is Time To Untether The Independence Principle, Richard Flint
Fraud, Letters Of Credit, And The Uniform Commercial Code: It Is Time To Untether The Independence Principle, Richard Flint
Faculty Articles
The purpose of this Article is to evaluate the efficacy of the fraud exception to the independence principle in letters of credit law in the case of both commercial and standby letters of credit. In doing so, a primary focus will be to identify which of the various parties to a letter of credit transaction the present fraud exception "protects" and to evaluate the policy justifications for why these persons are viewed by the law to be eligible recipients of protection.
Shooting Fish, Michael L. Smith
Shooting Fish, Michael L. Smith
Faculty Articles
Many academic legal articles begin with sweeping statements concerning the majesty of law, often noting that "the life of the law has not been logic: it has been experience" and that "the law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics." This is not one of those articles, as it gets straight to the point, asking the question that's on everyone's mind: if you're walking next to a stream, river, lake, or pond, and you happen to see …
Law Schools Harm Genizaros And Other Indigenous People By Misunderstanding Aba Policy, Bill Piatt, Moises Gonzales, Katja Wolf
Law Schools Harm Genizaros And Other Indigenous People By Misunderstanding Aba Policy, Bill Piatt, Moises Gonzales, Katja Wolf
Faculty Articles
Law schools justifiably seek to enroll a diverse student body in order to enrich the academic experience and environment, and to provide attorneys who will serve all segments of our society. American law schools enjoy the constitutional right to maintain such diversity. Indeed, accreditation standards promulgated by the American Bar Association ("ABA") require it. The Association of American Law Schools carries a similar mandate.
In seeking to create a diverse student body, law schools offer applicants the opportunity to identify their backgrounds. There generally is no "diversity police" checking on the accuracy of the self-identification as a member of a …
Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather
Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather
Faculty Articles
As a young professor at St. Mary's University School of Law in the 1980s, I had the opportunity to teach in our summer program in Innsbruck, Austria. At the time, faculty members were required to teach an international or comparative law course, and I developed a mini-course in population law and policy. Over the last thirty years, I have had the opportunity to rethink and redevelop the course and to teach it during fifteen summers in the beautiful Austrian Alps. Our summer program became known as the St. Mary's Institute on World Legal Problems, and my course developed into a …
Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy
Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy
Faculty Articles
Though the American legal system is deferential toward religion and churches, it is undeniable that the Church of Latter-day Saints-and other like organizations-are not just churches. They are, instead, important participants in the market economy, some of them global business enterprises of major proportions. This twinning of profit and spirit is seamless for many religions, with numerous modem churches preaching a "prosperity gospel" that promises spiritual and temporal blessings in return for donations."' Still other churches-such as the Church of Scientology-directly charge for religious services that are "necessary" for spiritual improvement and advancement in the church hierarchy. And still others …
Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens
Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens
Faculty Articles
No abstract provided.
The Texas Supreme Court's Evolving Mineral-Deed Jurisprudence In The Shale Era: The Implications Of Wenske V. Ealy, Laura H. Burney
The Texas Supreme Court's Evolving Mineral-Deed Jurisprudence In The Shale Era: The Implications Of Wenske V. Ealy, Laura H. Burney
Faculty Articles
The twenty-first century oil and gas boom in the Lone Star State stimulated the industry and enriched Texas landowners. However, the technologies credited with igniting this boom, hydraulic fracturing and horizontal drilling, could not prevent the historic boom-to-bust cycle. Instead, the production unleashed from shale plays in Texas and other states created a world-wide glut, sinking oil prices from highs above $100 to a low of $26 per barrel. Yet, thanks in part to plays in West Texas, "Shale 2.0" is underway. The booms have blessed and cursed Texas, leading to a variety of legal disputes. Disputes that have plagued …
Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark W. Cochran
Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark W. Cochran
Faculty Articles
The Tax Cuts and Jobs Act of 2017 (the 2017 Tax Act) significantly altered the federal tax consequences of marriage and divorce by mostly eliminating the so-called "marriage penalty" from the individual income tax rates and abolishing the deduction for alimony payments. These changes represent the latest congressional tinkering with issues that have persisted since the earliest days of the modem income tax, turning back the clock with regard to taxation for both married and divorced couples. For the first time, since the enactment of the Tax Reform Act of 1969, the rate brackets for married taxpayers filing joint returns …
In Code(Rs) We Trust: Software Developers As Fiduciaries In Public Blockchains, Angela Walch
In Code(Rs) We Trust: Software Developers As Fiduciaries In Public Blockchains, Angela Walch
Faculty Articles
A decade into Bitcoin's existence, governance questions around it and other public blockchains abound. Do these 'decentralized' structures even have governance? If so, what does it look like? Who has power, and how is it channeled or constrained? Are power structures implicit or explicit? How can we improve upon the ad hoc governance structures of early blockchains? ls ‘on-chain governance,’ like that proposed by Tezos and others, the path forward?
In August 2016, in the aftermath of the DAO theft and resulting Ethereum hard fork, I argued in American Banker that the core developers and significant miners of public blockchains …
Happy Golden Anniversary, St. Mary's Law Journal!, Stephen M. Sheppard
Happy Golden Anniversary, St. Mary's Law Journal!, Stephen M. Sheppard
Faculty Articles
Half a century ago, a handful of dedicated St. Mary's law students and faculty begat a premiere experience in legal education, the St. Mary's Law Journal. As the Journal marks its 50th anniversary, it continues to represent the diligence, imagination, practicality, and sheer effort of our faculty and students,
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
Faculty Articles
All of Texas was once part of Mexico. Texas has never forgotten it. This is the historical basis for much of the Texas Latino population's struggle for equal educational opportunities. This article will discuss those struggles endured by the Latino population in their quest for equal educational opportunity from the time of Texas's entry into the Union in 1845 to present-with greater emphasis on the last half century. In each Section, I will briefly describe the history of discrimination against Mexican- Americans in that segment of education history and the relationship between the developments in that segment of education history …
Can God Create A Rock So Heavy That He Cannot Lift It?: Outlawing Pensions Under State Constitutions, Chad J. Pomeroy
Can God Create A Rock So Heavy That He Cannot Lift It?: Outlawing Pensions Under State Constitutions, Chad J. Pomeroy
Faculty Articles
Public pensions are a problem. More than twenty-seven million people participate in state and local government pension plans. And those plans are in the hole trillions of dollars. This means that state and local governments are going to have to raise additional trillions in taxes (or shift those trillions away from schools, police, firemen, or other spending targets) to satisfy these obligations.
What can be done about such a large, seemingly intractable problem? A number of states have installed specific pension funding requirements within their constitutions. Most state constitutions contain some kind of balanced budget requirement, and a number of …
Developing Countries And International Economic Law: The Case Of Burma, Vincent R. Johnson
Developing Countries And International Economic Law: The Case Of Burma, Vincent R. Johnson
Faculty Articles
Roughly a quarter of a century ago, developing countries, in large numbers, signed on to the 1994 revision of the General Agreement on Tariffs and Trade3 ("GKTT 1994") and to membership in its umbrella institution, the World Trade Organization ("WTO"). Notwithstanding their erstwhile reluctance to do business with and compete against developed countries that in many instances had been colonial oppressors, they took on substantial obligations under the WTO agreements. Developing countries did so, in part, because they feared being left behind economically in a world where free trade prospered.
Online Terms As In Terrorem Devices, Colin P. Marks
Online Terms As In Terrorem Devices, Colin P. Marks
Faculty Articles
Online shopping has quickly replaced the brick-and-mortar experience for a large portion of the consuming public. The online transaction itself is rote: browse items, add them to your cart, and check out. Somewhere along the way, the consumer is likely made aware of (or at least exposed to) the merchant's terms and conditions, via either a link or a pop-up box. Such terms and conditions have become so ubiquitous that most consumers would be hardpressed to find a merchant that doesn't try to impose them somewhere on their website.
Though such terms and conditions are pervasive, most consumers do not …
#Personaljurisdiction: A New Age Of Internet Contacts, Zoe Niesel
#Personaljurisdiction: A New Age Of Internet Contacts, Zoe Niesel
Faculty Articles
No abstract provided.
The Remarkable First 50 Women Law Graduates Of St. Mary's University: Part One, Regina Stone-Harris
The Remarkable First 50 Women Law Graduates Of St. Mary's University: Part One, Regina Stone-Harris
Faculty Articles
No abstract provided.
Slavery And Freedom In Texas: Stories From The Courtroom, 1821-1871 (Book Review), Michael Ariens
Slavery And Freedom In Texas: Stories From The Courtroom, 1821-1871 (Book Review), Michael Ariens
Faculty Articles
No abstract provided.