Digital Commons Network^™

The U.S. Supreme Court's Disability In Statutory Construction: The Debate Over The Interpretation Of The Definition Of Disability Under The Americans With Disabilities Act (Ada) & The Ada Amendments Act Of 2008., Laura C. Hoffman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence

The Scholar: St. Mary's Law Review on Race and Social Justice

The best interests of children are not served by severing the familial bonds contemplated by international adoption law. Nonetheless, because of the high costs of the international adoption process, efforts to adopt their Haitian orphan relatives are ignored. In attempts to guarantee the “best interests of the child” are met, the United Nations Convention on the Rights of the Child (CRC) and the Hague Convention on the Protection of Children Co-Operative Respect of Intercountry Adoptions (Adoption Convention) were created as the two governing bodies of international adoption law. Global South countries, including Haiti, however, have not ratified the Adoption Convention. …

The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery

The Scholar: St. Mary's Law Review on Race and Social Justice

Orcas are not afforded any relief under the Thirteenth Amendment. Animal rights advocates, namely People for the Ethical Treatment of Animals (PETA), alleged animals have the right to be free from slavery and involuntary servitude as guaranteed by the Thirteenth Amendment. Although the Thirteenth Amendment has been extended beyond African slavery, its protections have never been granted to anything other than human beings. The United States Supreme Court’s examination and interpretation of the Thirteenth Amendment concluded that animals are not afforded such protections under this amendment. The Court reasoned that the Thirteenth Amendment only applied to humans and not animals. …

Nurturing The Seeds Of Food Justice: Unearthing The Impact Of Institutionalized Racism On Access To Healthy Food In Urban African-American Communities., Kate Meals

The Scholar: St. Mary's Law Review on Race and Social Justice

Comprehensive change to our food systems must include a combination of community-based solutions and the elimination of racism from all structural levels. An anti-racist analysis of hunger is necessary to contextualize the power dynamics and structures responsible for food inequality. In recent decades, globalization and exponential population growth have pushed the boundaries of economic, social, and ecological sustainability, threatening global food security. Despite the fact that it is fundamental to human survival, adequate access to food is often viewed as a privilege, rather than a basic human right. These practices work to maintain a food system crisis that disproportionally impacts …

Center For Terrorism Law: Monthly Activity Report, 2012-11, 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.

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

Law Notes

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, 2012-03, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Terrorism Law Report, 2012 Winter, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2012-01, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Rightly Dividing The Domestic Jihadist From The Enemy Combatant In The “War Against Al-Qaeda” – Why It Matters In Rendition And Targeted Killings, Jeffrey F. Addicott

Faculty Articles

The United States must be able to distinguish between common criminals and unlawful enemy combatants and then apply the appropriate rule of law to each category with unabashed clarity.

The confusion associated with comprehending fundamental legal concepts associated with how America conducts the "War on Terror" centers around the unwillingness of the U.S. government to properly distinguish al-Qaeda unlawful enemy combatants from domestic jihadi terrorists. Instead, the terms "domestic terrorist," "domestic jihadist," or just "terrorist," are frequently employed to describe all categories of actors--unlawful enemy combatants as well as common criminals--leaving both domestic and international audiences puzzled as to what …

Higher Education, Corruption, And Reform, Vincent R. Johnson

Faculty Articles

Educational corruption is a problem in every country, particular at the college and university level. With illustrations drawn from the United States, this article considers what “basic principles” should shape efforts to deter, expose, and penalize corruption in academic institutions. The article then identifies “best practices” that should be followed by colleges and universities aspiring to high standards. The discussion explores the role that ethics codes and ethics education can play in fighting corruption. More specifically, the article addresses what types of substantive rules and systematic procedures are essential parts of effective higher education ethics codes. Mindful of the fact …

In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash

St. Mary's Law Journal

Abstract Forthcoming.

War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky

St. Mary's Law Journal

Abstract Forthcoming.

Judge Bernard S. Meyer: First Merit Appointee To The New York Court Of Appeals, Vincent R. Johnson

Faculty Articles

This is the story of Judge Bernard S. Meyer’s exhilarating, exhausting, and highly productive first year on the New York Court of Appeals. Based on a reputation for integrity and a record of professional accomplishment, Judge Meyer was chosen to the New York Court of Appeals in 1979, and the following seven-and-a-half years he spent there were highly productive. While on the Court of Appeals, Judge Meyer was a progressive reformer, and it was clear he intended to use his office to make the world a better place and, whenever possible, remedy injustice. He looked for ways in which the …