Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Texas (2)
- COVID (1)
- Civil rights (1)
- Constitutional law (1)
- Courts (1)
-
- Crisis (1)
- Detention center (1)
- Disaster (1)
- Emergency (1)
- Executive Order 13 (1)
- Federalism (1)
- Governor Abbott (1)
- ICE (1)
- Immigration (1)
- Immigration and Customs Enforcement (1)
- Military (1)
- National security (1)
- Pandemic (1)
- President Obama (1)
- President Trump (1)
- Private detention (1)
- Ron Beal (1)
- Separation of powers (1)
- Sexual assault (1)
- Texas Disaster Act (1)
- Texas Gov't Code Section 22.0035 (1)
- Texas Supreme Court (1)
Articles 1 - 3 of 3
Full-Text Articles in Law and Society
A Pandemic Of Separation Of Powers Violations In Texas: The Interrelationship Of The Texas Disaster Act And Texas Gov’T Code Section 22.0035, Ron Beal
St. Mary's Law Journal
This Article is on the interrelationship of the Texas Disaster Act and Texas Government Code Section 22.0035. The author demonstrates that the Governor of Texas and the Texas Supreme Court have grossly violated the separation of powers on a continuing basis since March 29, 2020 by Governor Abbott issuing Executive Order 13, which prohibits the granting of bail to anyone awaiting trial, and the Texas Supreme Court’s unwillingness to invalidate that order administratively or judicially. Finally, the Article addresses the nearly one thousand district and county court judges who are constantly violating the separations of powers by failing to invalidate …
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
St. Mary's Law Journal
Abstract forthcoming.
Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren
Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren
St. Mary's Law Journal
During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused? …