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Articles 61 - 74 of 74
Full-Text Articles in Law
Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley
Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley
St. Mary's Law Journal
This Comment considers physical appearance discrimination by jurors in criminal trials. It proposes remedial measures to eliminate discrimination and effectuate the underlying purposes of jury trials. Part II of this Comment examines the psychological process of corporeal attribution and discusses the underlying philosophic dichotomy of image and substance. It surveys the role modern American culture plays in discrimination in the American criminal law system and discusses parallel relationships between race, sex, and physical appearance discrimination. Part IV explores constitutional ramifications of fostering and promoting physical appearance discrimination in criminal trials. Finally, Part V presents remedies designed to ensure criminal defendants …
The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen
The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen
St. Mary's Law Journal
This Essay provides some historical and legal context for the Texas home equity debate during the 1990s. It begins with an examination of early Texas homestead law, which did not clearly prohibit home equity lending. Part II describes the genesis of the homestead exemption in Texas. Public policy surrounding the homestead law had at least three components: protection of debtors, protection of women, and the fostering of an independent spirit in Texas settlers. Part III evaluates the Texas Constitution’s 1876 ban on home equity loans and the subsequent public debate up until the 1970s. Although criticism of the prohibition on …
Towards Equal Opportunity In Canada: New Approaches, Mixed Results Symposium - Human Rights In The Americas - Commentary., John Hucker
St. Mary's Law Journal
Abstract Forthcoming.
J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler
J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler
St. Mary's Law Journal
Abstract Forthcoming.
International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe
International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe
St. Mary's Law Journal
This Article posits that the increase of tariff arrangements, like the Generalized System of Preferences (GSP), is evidence of the “hardening” of a body of international trade-preference law. It contends that the law of trade preferences is widely practiced in international affairs and the developed nations which terminate all trade preferences for developing countries most likely engage in illegal conduct under international law. Classical international law principally consisted of the law between nations and an international law of trade preferences in any form was unthinkable. Thus, neither international cooperation nor a duty for developed countries to assist developing countries is …
The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera
The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera
St. Mary's Law Journal
This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …
Would You Like More Salt With That Wound - Post-Sentence Victim Allocution In Texas Comment., Keith D. Nicholson
Would You Like More Salt With That Wound - Post-Sentence Victim Allocution In Texas Comment., Keith D. Nicholson
St. Mary's Law Journal
A majority of states permit victim allocution of some sort, with victim impact statements made during the pre-sentencing stage, but Texas is currently the only state which permits victim allocution after sentencing. Since 1991, no one has seriously challenged the Texas practice of allowing such victim statements. Yet, scenes of violence between families of the defendants and the victims following such statements has ignited a movement to reassess the utility of allowing victims to address defendants who have already received their sentences. Originally, Texas Code of Criminal Procedure Article 42.03 provided victims the chance to present a statement after the …
Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley
Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley
St. Mary's Law Journal
One of the most common forms of managed health care is the health maintenance organization (HMO). An HMO is a quasi-insurance arrangement which provides health care to subscribers for a prepaid monthly fee. These have been attractive as they offer health care at lower cost to consumers. Health care brokers have developed four standard models of HMOs— “staff model,” “group model,” “network model,” and “independent practice association” (IPA) model. Given the degree of control HMOs exercise over member-physicians under any of the above models, Texas courts should hold HMOs liable for their member-physicians’ malpractice under the doctrine of vicarious liability, …
Coalbed Methane: Myths, Facts, And Legends Of Its History And The Legislative And Regulatory Climate Into The 21st Century, Elizabeth A. Mcclanahan
Coalbed Methane: Myths, Facts, And Legends Of Its History And The Legislative And Regulatory Climate Into The 21st Century, Elizabeth A. Mcclanahan
Oklahoma Law Review
No abstract provided.
In Re Oluloro: Risk Of Female Genital Mutilation As Extreme Hardship In Immigration Proceedings Symposium - Human Rights In The Americas - Recent Development., Patricia Dysart Rudloff
In Re Oluloro: Risk Of Female Genital Mutilation As Extreme Hardship In Immigration Proceedings Symposium - Human Rights In The Americas - Recent Development., Patricia Dysart Rudloff
St. Mary's Law Journal
On March 23, 1994, in In re Oluloro, Immigration Judge Kendall Warren’s decision indicated the United States Immigration and Naturalization Service (INS) should consider human rights abuses directed at women. The overriding concern was the possibility that two young U.S. girls would suffer female genital mutilation (FGM) if the INS deported their mother to Nigeria. In reaching the decision to suspend the mother’s deportation, Judge Warren condemned FGM as “cruel and serv[ing] no known medical purpose.” Judge Warren ruled the practice presented an extreme hardship for the girls. Unfortunately, the court’s ruling has no precedential value because the INS did …
Equivocal Obligations: The Federal-Tribal Trust Relationship And Conflicts Of Interest In The Development Of Mineral Resources, Judith Royster
Equivocal Obligations: The Federal-Tribal Trust Relationship And Conflicts Of Interest In The Development Of Mineral Resources, Judith Royster
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Nrdc V. Epa: The Final Chapter In The Listing Saga, Susan M. Kanapinski
Nrdc V. Epa: The Final Chapter In The Listing Saga, Susan M. Kanapinski
Villanova Environmental Law Journal
No abstract provided.
A Settlement Offer Above Policy Limits Does Not Trigger An Insurer's Stowers Duty To Act Reasonably., James Martin Truss
A Settlement Offer Above Policy Limits Does Not Trigger An Insurer's Stowers Duty To Act Reasonably., James Martin Truss
St. Mary's Law Journal
Abstract Forthcoming.
Texas's New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque - And Probably Unconstitutional., James C. Harrington, Anne More Burnham
Texas's New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque - And Probably Unconstitutional., James C. Harrington, Anne More Burnham
St. Mary's Law Journal
Abstract Forthcoming.