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Articles 1 - 19 of 19
Full-Text Articles in Law
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas’s lack of a codified gender correction process is unjust, illegal, and against public policy. This comment highlights the injustice faced by transgender Texans without gender concordant identity documents. These injustices include discrimination based on gender stereotypes, violation of the transgender individual’s right to privacy, and violations of public policy. This comment explores possible solutions to the injustices faced by transgender Texans due to the lack of a codified uniform way to correct gender markers in Texas modeled on other jurisdictions’ approaches to this problem.
First, this comment traces the history of the recognition of transgender people and transgender rights …
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
The Scholar: St. Mary's Law Review on Race and Social Justice
This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …
Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh
Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Challenges and potential solutions during the 87th Texas Legislative session.
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Foreword, Patricia E. Roberts
Foreword, Patricia E. Roberts
The Scholar: St. Mary's Law Review on Race and Social Justice
Foreword written by Patricia E. Roberts upon her first year as the 10th dean of St. Mary's University School of Law in San Antonio, Texas.
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby
Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby
The Scholar: St. Mary's Law Review on Race and Social Justice
For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this takes place …
Challenging Voting Rights And Political Participation In State Courts, Irving Joyner
Challenging Voting Rights And Political Participation In State Courts, Irving Joyner
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb
The Scholar: St. Mary's Law Review on Race and Social Justice
When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
The Scholar: St. Mary's Law Review on Race and Social Justice
Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …
Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton
Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton
The Scholar: St. Mary's Law Review on Race and Social Justice
When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.
Part One of this Article chronicles the forces contributing …
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz
The Scholar: St. Mary's Law Review on Race and Social Justice
The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts …
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson
Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
¡Que Viva The Scholar!, Bill Piatt
¡Que Viva The Scholar!, Bill Piatt
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.