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Full-Text Articles in Law
Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line, Kathleen Rainey Mcstravick
Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line, Kathleen Rainey Mcstravick
St. Mary's Law Journal
Obergefell v. Hodges, a United States Supreme Court case, added more fuel to the fire, leaving many to wonder how to voice religious opposition to same-sex marriages, and what are the second order effects for religious opposition in light of the new rule. The Court held the Equal Protection Clause in the Fourteenth Amendment of the United States Constitution guarantees protection against discrimination based on sexual orientation. Obergefell, brings the conflict between freedom of religion and LGBT rights to a new level by questioning how far freedom of religion can be used to refuse anti-discrimination statutes regarding sexual …
In The Aftermath Of Shelby County: An Analysis On Why Texas Should Be Required To Pre-Clear All Voting Changes., Elizabeth Resendez
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 …
The Politics Of The Bail System: What's The Price For Freedom., Lydia D. Johnson
The Politics Of The Bail System: What's The Price For Freedom., Lydia D. Johnson
The Scholar: St. Mary's Law Review on Race and Social Justice
The only factor determining the release of a defendant from custody before his trial date is money. The government should eliminate the current bail system and replace it with mandated pre-trial release unless the state can prove the defendant to be a flight risk or a danger to society. This bail system has an adverse economic impact on minorities and on poor communities. Some states have used their constitutions to implement pre-trial release. Texas has four constitutional provisions which would permit similar implementations. However, clashing political ideologies and institutional alliances continue to prevent the construction of a workable solution. Dismantling …
Venturing Into A Minefield: Potential Effects Of The Hobby Lobby Decision Of The Lgbt Community., Aglae Eufracio
Venturing Into A Minefield: Potential Effects Of The Hobby Lobby Decision Of The Lgbt Community., Aglae Eufracio
The Scholar: St. Mary's Law Review on Race and Social Justice
While freedom of religion is a right guaranteed to the American people, what that freedom entails, is often misunderstood. Religious freedom affords every American the right to practice any faith without fear of being persecuted or ostracized by the government. This fundamental right is frequently used to oppress certain groups of Americans because their lifestyle is not in accordance with traditional Christian values. This was highlighted in the recent case of Burwell v. Hobby Lobby. The controversy stemmed from the corporation’s use of religion as a method to deny women access to full healthcare coverage, citing religious opposition to abortion …
The New Voter Suppression: Why The Voting Rights Act Still Matters., Michael Ellement
The New Voter Suppression: Why The Voting Rights Act Still Matters., Michael Ellement
The Scholar: St. Mary's Law Review on Race and Social Justice
The Voting Rights Act of 1965 drastically transformed the ability of African Americans to exercise their right to vote in the South. The most influential policy under the Act was Section Five. This section instituted a new system of review for voting procedure changes in states with a history of racial discrimination. States subject to this section of the Voting Rights Act must get preclearance by submitting any changes to their voting laws to the United States Department of Justice or to the Federal District Court in the District of Columbia. Any law not cleared will not go into effect. …
Moving Beyond The Immutability Debate In The Fight For Equality After Proposition 8., M.K.B. Darmer, Tiffany Chang
Moving Beyond The Immutability Debate In The Fight For Equality After Proposition 8., M.K.B. Darmer, Tiffany Chang
The Scholar: St. Mary's Law Review on Race and Social Justice
On May 15, 2008, the California Supreme Court issued its historic decision regarding marriage rights for same-sex couples. In the course of its opinion, the court found that classifications based upon sexual orientation are subject to the protections of “strict scrutiny” for purposes of the state’s equal protection clause. The court also found that marriage is a fundamental right that extends to same-sex couples. On November 4, 2008, 52% of California voters voted for Proposition 8, which purported to “amend” the state constitution by adding fourteen words in a new clause following the equal protection clause: “only marriage between a …
Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson
Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson
The Scholar: St. Mary's Law Review on Race and Social Justice
It is illegal for Texas law enforcement agencies to racially profile people. However, Texas continues to deal with racial profiling among law enforcement officers. This article concerns the right to travel, unmolested by state action based upon race or ethnicity. Since passing the Fourteenth Amendment and its Equal Protection Clause, our legal system under-includes, and outright excludes, certain groups of people from its promise. Such racial disparities have lived in the United States Constitution since the authors drafted the three-fifths compromise at its inception. When considering the criminality of a group of people and the overpopulation in state prisons, many …
The Ku Klux Klan Act And The Civil Rights Revolution: How Civil Rights Litigation Came To Regulate Police And Correctional Officer Misconduct., Alan W. Clarke
The Ku Klux Klan Act And The Civil Rights Revolution: How Civil Rights Litigation Came To Regulate Police And Correctional Officer Misconduct., Alan W. Clarke
The Scholar: St. Mary's Law Review on Race and Social Justice
Modern civil rights litigation stems from the Ku Klux Klan Act, otherwise known as the Civil Rights Act of 1871. Congress codified this Act in the United States Code under Section 1983 of Title 42. No other law is more central to present day police and correctional officer accountability. The Civil Rights statute effectuates broad constitutional protections set in place in the aftermath of the Civil War. Congress designed this Act to change over time and intertwine with a continuing history of expanding rights. Section 1983 provides a remedy to any person who experienced another person, acting under the color …
Self-Determination And The American Indian: A Case Study, Milo Colton
Self-Determination And The American Indian: A Case Study, Milo Colton
The Scholar: St. Mary's Law Review on Race and Social Justice
The United States has repeatedly victimized indigenous populations by stripping away tribal sovereignty and self-determination. One such example is Indian tribal reservations historical absence of jurisdictional autonomy. Prior to 1953, Indian tribal reservations shared jurisdiction with the federal government, allowing some semblance of autonomy. However, passage of Congress’s Public Law 280 erased this form of self-determination. This law enabled states to assume all civil and criminal jurisdiction over Indian tribal reservations. More recently, however, reservations have slowly begun to regain jurisdictional autonomy through the process of retrocession: the act of returning something taken. The achievements of the Winnebago Tribe of …
There Is A Lot To Be Repaired Before We Get To Reparations: A Critique Of The Underlying Issues Of Race That Impact The Fate Of African American Reparations, Art Alcausin Hall
There Is A Lot To Be Repaired Before We Get To Reparations: A Critique Of The Underlying Issues Of Race That Impact The Fate Of African American Reparations, Art Alcausin Hall
The Scholar: St. Mary's Law Review on Race and Social Justice
Reparations are vital to enfranchise a group historically denied access to the opportunities required to enjoy the civil and political rights every United States citizen possesses. However, before African Americans will receive reparations, underlying issues of race must be resolved. The United States has provided reparations for some domestic groups, as well as support for at least one international group. Unfortunately, neither the Supreme Court, nor Congress seems willing to grant the same relief to African Americans. Because of this, outside of small settings and academic arenas, little debate has occurred. The resulting stalemate reveals underlying problems that stem from …
Do Minorities Really Benefit? The Untold Truth About Vouchers, Marie A. Galindo
Do Minorities Really Benefit? The Untold Truth About Vouchers, Marie A. Galindo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming