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Sovereign Immunity: The Texas Department Of Transportation's Duty To Maintain Roadways Ravaged By The Eagle Ford Shale Boom., Lasca A. Arnold Jan 2015

Sovereign Immunity: The Texas Department Of Transportation's Duty To Maintain Roadways Ravaged By The Eagle Ford Shale Boom., Lasca A. Arnold

St. Mary's Law Journal

While the shale boom has brought about many positive results such as economic growth and new jobs to the Eagle Ford Shale region, the ravaged roadways left in the aftermath must be addressed. The demands for equipment and manpower created by oil and gas exploration are extensive. Sadly, the Texas Department of Transportation (TxDOT)—the entity charged with maintaining and repairing roads in these affected counties—refuses to supply sufficient funding to repair the over used roadways. This pressure is exerted in rural areas where most of the roads and bridges are designed for lower volumes of traffic. In addition to the …

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Mapping The Matrix: Defining The Balance Between Executive Action And Legislative Regulation In The Battlefield Of Cyberspace., Tyler K. Lowe Jan 2015

Mapping The Matrix: Defining The Balance Between Executive Action And Legislative Regulation In The Battlefield Of Cyberspace., Tyler K. Lowe

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

Abstract Forthcoming.

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What Happened To The American Dream - An Analysis Of The Dodd-Frank Wall Street Reform And Consumer Protection Act And Its Effect On Home Ownership., Nathan Torok, Mark Torok Jan 2015

What Happened To The American Dream - An Analysis Of The Dodd-Frank Wall Street Reform And Consumer Protection Act And Its Effect On Home Ownership., Nathan Torok, Mark Torok

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

Abstract Forthcoming.

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Recommendations On Abolishing Detention Education System For Sex Workers And Their Clients In Mainland China., Jia Ping Renzong, Liuwei Renzong, Qui Renzong Jan 2015

Recommendations On Abolishing Detention Education System For Sex Workers And Their Clients In Mainland China., Jia Ping Renzong, Liuwei Renzong, Qui Renzong

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

Abstract Forthcoming.

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Governmental Power Versus Individual Liberty., Vincent R. Johnson Jan 2015

Governmental Power Versus Individual Liberty., Vincent R. Johnson

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

Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty. The public careers of Tom and Ramsey Clark were largely sequential, but …

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The History Of The Rise Of The Alien Tort Statute And The Future Implications Of Kiobel V. Royal Dutch Shell., Sung Je Lee Jan 2015

The History Of The Rise Of The Alien Tort Statute And The Future Implications Of Kiobel V. Royal Dutch Shell., Sung Je Lee

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

The United States Supreme Court did not clearly define what facts invoke the Alien Tort Statute (ATS). The Court also failed to provide guidance as to what claims touch and concern the territory of the United States. Enacted by the Continental Congress in the late 18th century, ATS states that federal district courts shall have original jurisdiction of any civil action by an alien for a tort committed in violation of the law of nations or a treaty of the United States. Because ATS has remained dormant for nearly 200 years, various federal courts have experienced immense difficulty interpreting its …

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The Dark Frontier: The Violent And Often Tragic Point Of Contact Between Law Enforcement And The Mentally Ill., Gary Howell Jan 2015

The Dark Frontier: The Violent And Often Tragic Point Of Contact Between Law Enforcement And The Mentally Ill., Gary Howell

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

There currently exists a widespread and unacceptable risk of violence between law enforcement personnel and mentally ill suspects. The point of contact between law enforcement and the mentally ill has evolved over the last fifty years and can trace its origins to deinstitutionalization. Deinstitutionalization aimed to close centralized, state mental health institutions in favor of decentralized, community-based mental health care facilities. Deinstitutionalization, however, created a number of consequences for the mentally ill and law enforcement. For example, in the years since deinstitutionalization, an excessive number of homeless mentally ill persons and their families have had little or no access to …

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The Crossover Court: An Integration Of Child Welfare And Juvenile Justice, And The Next Step In The Reformation Of The Juvenile System In Texas., Samantha Coleman Jan 2015

The Crossover Court: An Integration Of Child Welfare And Juvenile Justice, And The Next Step In The Reformation Of The Juvenile System In Texas., Samantha Coleman

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

Abstract forthcoming.

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Si Se Puede: An Overview Of State Initiatives Addressing The Urgent Need For Driver Licenses For Undocumented Immigrants And Why The Time For Change In Texas Is Now., Maria D. Castillo Jan 2015

Si Se Puede: An Overview Of State Initiatives Addressing The Urgent Need For Driver Licenses For Undocumented Immigrants And Why The Time For Change In Texas Is Now., Maria D. Castillo

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

Abstract forthcoming.

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The New World Of Prosecutorial Discretion In Immigration Enforcement: Lessons From Criminal Justice., Aaron Haas Jan 2015

The New World Of Prosecutorial Discretion In Immigration Enforcement: Lessons From Criminal Justice., Aaron Haas

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

Abstract forthcoming.

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Same-Sex Bi-National Couples: The Benefits And Pitfalls Of Judicial Evolution And The Validity Of Marriage., Joncarlo Serna Jan 2015

Same-Sex Bi-National Couples: The Benefits And Pitfalls Of Judicial Evolution And The Validity Of Marriage., Joncarlo Serna

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

Abstract forthcoming.

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Understanding The Impact Of Leadership And Organizational Culture On Nonprofit Employees’ Commitment And Turnover Intention, Nancy A. Toscano Jan 2015

Understanding The Impact Of Leadership And Organizational Culture On Nonprofit Employees’ Commitment And Turnover Intention, Nancy A. Toscano

Theses and Dissertations

Child and family nonprofit organizations are essential for the implementation of United States public policy in their role as service providers. Human service nonprofit organizations held approximately 20,000 government contracts, totaling more than $100 billion in 2009 (Boris, deLeon, Roeger, & Nikolva, 2010). Almost 33,000 human service nonprofit organizations contract with the government to deliver services (Boris, et al., 2010). The services provided by these organizations are critical to the lives of vulnerable American citizens. These organizations depend on committed employees to serve this group, carry out the mission, and reach organizational goals. Employees are nonprofit organizations’ greatest resource, investment, …

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Dynamics Of Identity Threats In Online Social Networks: Modelling Individual And Organizational Perspectives, Romilla Syed Jan 2015

Dynamics Of Identity Threats In Online Social Networks: Modelling Individual And Organizational Perspectives, Romilla Syed

Theses and Dissertations

This dissertation examines the identity threats perceived by individuals and organizations in Online Social Networks (OSNs). The research constitutes two major studies. Using the concepts of Value Focused Thinking and the related methodology of Multiple Objectives Decision Analysis, the first research study develops the qualitative and quantitative value models to explain the social identity threats perceived by individuals in Online Social Networks. The qualitative value model defines value hierarchy i.e. the fundamental objectives to prevent social identity threats and taxonomy of user responses, referred to as Social Identity Protection Responses (SIPR), to avert the social identity threats. The quantitative value …

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Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher Jan 2015

Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher

Law Student Publications

This comment considers recent cases interpreting the Digital Millennium Copyright Act ("DMCA") and urges Congress to expand the protection of service providers through the DMCA safe harbors. The comment proceeds in six parts. Part I explains contributory and vicarious liability, the applicable sections of the DMCA to this comment, and the fair use doctrine. Part II provides a brief overview of video-sharing websites. It further observes the impact that video-sharing websites have had on digital media, focusing on the impact on the music industry. Part III looks at the recent cases interpreting the DMCA's red flag exception to safe harbor …

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Ending Drunk Driving With A Flash Of Light, Andrew Sullivan Jan 2015

Ending Drunk Driving With A Flash Of Light, Andrew Sullivan

Law Student Publications

Among the methods used to combat drunk driving is mandating a person convicted of driving under the influence/driving while intoxicated install an ignition interlock device (“IID”) in his/her vehicle as a condition of restoring his/her driving privileges.This comment argues that the National Highway Traffic Safety Administration (“NHTSA”) has the authority to issue such a regulation; it need only be presented with a workable opportunity to do so. The present state of IID technology is a poor candidate to make this hypothetical regulation workable, but advances in Near Infrared (“near-IR”) Spectroscopy will provide the technology necessary to make a discussion of …

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Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau Jan 2015

Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau

Law Student Publications

This article will provide a workable initial implementation policy that would maximize the benefits of increased police use of body cameras, while minimizing the negative impacts. Part I defines police body cameras and explores their current use in and impact on today's law enforcement world. Parts II and III encompass some of the perceived benefits and anticipated challenges of increased body camera use. Part IV considers and recommends exactly where the responsibility of camera implementation should lie.

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The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr. Jan 2015

The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr.

St. Mary's Law Journal

Home owners, contractors, and subcontractors entering a contract to build in accordance with another’s design must be aware of their respective risks under the economic loss doctrine. The economic loss doctrine bars recovery due purely to economic loss by a party that is a contractual stranger. In a typical construction contract, a homeowner may separately contract with a contractor and a design professional. In this situation, the contractor does not have privity with the design professional and the economic loss doctrine bars the contractor from suing the design professional for economic loss. Likewise, if the homeowner hires a contractor and …

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The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery Jan 2015

The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery

St. Mary's Law Journal

Twenty-five years ago, Texas prosecutors significantly limited the pre-trial discovery it disclosed to criminal defendants. As a result of this policy, innocent individuals accused of murder, like Michael Morton, were denied their right to due process. Michael Morton was incarcerated for twenty-five years following a wrongful murder conviction. He was denied access to crucial evidence, which included a bandana with the victim’s blood and the killer’s hair, and eyewitness accounts describing the killer at or near the time of the murder. The prosecutor purposely withheld this evidence from Michael Morton; but thanks to the efforts of the Innocence Project, he …

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Defining A Health Care Liability Claim In The Post-Texas West Oaks Era., William Woolsey Jan 2015

Defining A Health Care Liability Claim In The Post-Texas West Oaks Era., William Woolsey

St. Mary's Law Journal

Following the Texas Supreme Court’s rulings in West Oaks Hospital v. Williams and Ross v. St. Luke’s Episcopal Hospital, it remains unclear whether a non-patient’s injury in a hospital constitutes a health care liability claim (HCLC). If the trial court rules the claim is an HCLC, the plaintiff must present expert testimony. Failure to present an expert report within 120 days after filing the suit results in automatic dismissal. The Texas Supreme Court addressed this issue in West Oaks. The Court held that a claimant, suing a hospital under a theory of premise liability, need not be a patient for …

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Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law., Xavier Rodriguez Jan 2015

Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law., Xavier Rodriguez

St. Mary's Law Journal

Abstract Forthcoming.

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Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach., Griffin Toronjo Pivateau Jan 2015

Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach., Griffin Toronjo Pivateau

St. Mary's Law Journal

Abstract Forthcoming.

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Revenge Pornography: Exploring Tortious Remedies In Texas., Kevin B. Bennett Jan 2015

Revenge Pornography: Exploring Tortious Remedies In Texas., Kevin B. Bennett

St. Mary's Law Journal

Abstract Forthcoming.

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Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews Jan 2015

Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews

St. Mary's Law Journal

In the United States, the use of personal drones has become more prevalent. Businesses now use drones to deliver products to consumers. Consumers now use drones to video and photograph special events. As a result, new laws are needed concerning personal usage of drones. The number of drone sales is predicted to double by 2024. This is reflected by companies such as Parrot, a vendor of private drones, who in the first quarter of 2014 sold 670,000 drones. Citizens whose personal liberties have been infringed upon by another individual’s use of personal drones, often resort to common law torts because …

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How Mccullen Affects San Antonio's Anti-Panhandling Ordinance., Christopher M. Childree Jan 2015

How Mccullen Affects San Antonio's Anti-Panhandling Ordinance., Christopher M. Childree

St. Mary's Law Journal

Abstract Forthcoming.

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Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator., Paul Finkelman Jan 2015

Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator., Paul Finkelman

St. Mary's Law Journal

Abstract Forthcoming.

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A Constitutional Amendment Allowing Broader Campaign-Finance Reform Would Not Criminalize Political Satire., Christopher W. Bell Jan 2015

A Constitutional Amendment Allowing Broader Campaign-Finance Reform Would Not Criminalize Political Satire., Christopher W. Bell

St. Mary's Law Journal

Campaign finance remains a perennial issue, because contributions and expenditures define the political campaigns which shape our democracy. While a majority of the American public supports limiting campaign spending, campaign finance reform remains near the bottom of most voters’ priorities. Reformers have called the lack of the public’s interest “[o]ne of the persistent mysteries of campaign finance reform.” Citizens United v. F.E.C. focused national attention on the role of money in politics. Citizens United evoked such strong reactions, because it represents the two competing versions of the concept of freedom of speech: “free speech as serving liberty” and “free speech …

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Resolving Drug Manufacturer Liability For Generic Drug Warning Label Defects., Frank Scaglione Jan 2015

Resolving Drug Manufacturer Liability For Generic Drug Warning Label Defects., Frank Scaglione

St. Mary's Law Journal

Although generic drugs are beneficial to consumers because they are offered as a more cost effective alternative to brand-name prescriptions, brand-name manufacturers are vulnerable to potential lawsuits because of generic drugs. Under the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Act), generic manufacturers are able to quickly enter the market following the termination of a brand-name drug’s patent. As a result of the Hatch-Waxman Act, 75% of all drugs on the market are generic. The Hatch-Waxman Act, however, also requires generic drug manufacturers to duplicate the brand-name drug’s warning label. As an unintended consequence, injuries have …

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Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach Jan 2015

Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach

St. Mary's Law Journal

Abstract Forthcoming.

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Texas Inventory Tax: Appraisal Districts' Misunderstanding Of The Law Causing Texas Retailers To Pay The Price., Timothy Johnson Jan 2015

Texas Inventory Tax: Appraisal Districts' Misunderstanding Of The Law Causing Texas Retailers To Pay The Price., Timothy Johnson

St. Mary's Law Journal

Abstract Forthcoming.

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2015-2016 School Year, St. Mary's University School Of Law Jan 2015

2015-2016 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

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