Law Commons^™

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

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

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

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

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …

Fourth Amendment Implications Of Police-Worn Body Cameras, Erik Nielsen

St. Mary's Law Journal

Abstract forthcoming.

In The Aftermath Of Shelby County: An Analysis On Why Texas Should Be Required To Pre-Clear All Voting Changes., Elizabeth Resendez

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

The history of the Voting Rights Act began with the passage of the Fifteenth Amendment. African-Americans have faced numerous roadblocks in exercising their right to vote. A few of these roadblocks include property tests, poll taxes, and gerrymandering of voting districts. The federal government attempted to combat these procedures by passing legislation. Initially, these laws tried to weaponize case-by-case litigation, but these laws were ineffective due to the far reach of voter discrimination and the sluggish pace of the litigation process. To better combat the issue, Congress attempted to use the Civil Rights Act of 1957 to deal with systemic …

Regulating Law Enforcement's Use Of Drones: The Need For State Legislation, Michael L. Smith

Faculty Articles

The recent rise of domestic drone technology has prompted privacy advocates and members of the public to call for the regulation of the use of drones by law enforcement officers. Numerous states have proposed legislation to regulate government drone use, and thirteen have passed laws that restrict the use of drones by law enforcement agencies. Despite the activity in state legislatures, commentary on drones tends to focus on how courts, rather than legislative bodies, can restrict the government's use of drones. Commentators call for wider Fourth Amendment protections that would limit government surveillance. In the process, in-depth analysis of state …

Safety Over Semantics: The Case For Statutory Protection For Domestic Violence Asylum Applicants., Spencer Kyle

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

Women and children make up the vast majority of the world’s refugee population. However, in the United States, the majority of successful applicants are men. Asylum seekers who assert claims of domestic violence are largely unsuccessful. The current immigration laws do not take gender into account when determining societal factors for obtaining asylum. People often misinterpret most foreign domestic violence allegations as differences of religion or cultural practices. Many believe domestic violence against women is solely a private issue and not the product of a political or social system designed to make women inferior to men. This dichotomy allows people …

Confronting The Myth Of State Court Class Action Abuses Through An Understanding Of Heuristics And A Plea For More Statistics, Patricia W. Moore

Faculty Articles

The Supreme Court heard six cases involving class actions this term. One of these cases, Standard Fire Insurance Company v. Knowles, brought the Class Action Fairness Act to the Court for the first time. Petitioner insurance company and its numerous business-interest amici repeatedly claimed before the Court that "state court class action abuses" justified removal of the case (which was based on state law and filed in state court) to federal court.

The charge of a "flood" of "abusive state court class actions" echoed the same rhetoric that CAFA's supporters used a decade ago in their ultimately successful efforts to …

Gun Control Is Not Enough: The Need To Address Mental Illness To Prevent Incidences Of Mass Public Violence., Morgan Stanley

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

Throughout the year 2012, senseless violence and tragedy plagued the United States. Numerous mass shootings occurred, leaving innocent victims dead and leaving their survivors to grieve. No single law can prevent a mass shooting from occurring, but access to firearms is one of many potential reasons such tragedies happen. There are many reasons why a gunman is motivated to commit such heinous acts. Failure to take notice of warning signs, bullying, drug use, and serious mental illness are a few examples. One in seventeen Americans live with a serious diagnosable mental illness. Most mentally ill persons are the victims of …

In Times Of Medical Crisis: Inadequacy Of Legal Remedies Available To Sexual Minorities., A. Nicole Kwapisz

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

Society has become more tolerant and accepting of changes to the social order. Yet many people still feel the need to cover when in public. Covering is a practice of sexual minorities hiding who they really are for fear of judgment and stereotyping. The media portrayal of lesbian, gay, bisexual, and transgender (collectively LGBT) issues allows people to grow more comfortable and accepting of sexual minorities. In the climate of change and acceptance, many LGBT individuals choose to live their lives cover-free. However, refusing to downplay their stigmatized identities leads to routine denial of equal treatment. The rights of sexual …

Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin

St. Mary's Law Journal

Texas landowners face a heavy burden in bringing claims for damages arising out of inherently undiscoverable damages to mineral estates because the statute of limitations starts at the time of injury rather than the time of discovery. Previously, courts adopted the discovery rule as an exception to the statute of limitations, effectively stalling the starting point of the statute of limitations. A two-pronged threshold inquiry is held before the application of the discovery rule. First, the court must determine if the injury is inherently undiscoverable or not detected despite the use of due diligence. Secondly, there must be objectively verifiable …

The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda

St. Mary's Law Journal

Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …

Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly

St. Mary's Law Journal

Since Gregg v. Georgia, the Supreme Court has developed what could be described as a subparadigm for capital punishment. This subparadigm is now at a point of crisis for two enduring and mutually supporting reasons. The dissents by Justice Brennan and Justice Marshall represent the convergence of the better modern thought in regard to capital punishment. Even with the retirement of both Justices, the criticism found in their dissenting opinions presents a continuing challenge to the plurality’s position. Those using the plurality’s rhetoric are now split into two groups. Justices Blackmun and Stevens regularly vote against capital punishment, while focusing …

Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare

St. Mary's Law Journal

Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …

Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland

St. Mary's Law Journal

A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …

Legislative Changes In The Law: Victims-Witnesses Young And Old, Gerald S. Reamey

Faculty CLE

No abstract provided.