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Class Of 2007 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2007

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

The U.S. Supreme Court On Affirmative Action: Are Some Of Us More Equal Than Others (With Some Comparisons' To Post-Good Friday Agreement Police Hiring In Northern Ireland., Carol Daugherty Rasnic

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

Abstract Forthcoming.

The U Visa: Another Remedy For Battered Immigrant Women., Greta D. Stoltz

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

Abstract Forthcoming.

Coffeehouse Musings On Post-Grutter Ironies; Promoting Diversity To Ensure Globalization., Elvia R. Arriola

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

Abstract Forthcoming.

Declaring Open Season: The Outbreak Of Violence Against Undocumented Immigrants By Vigilante Ranchers In South Texas., Sara A. Martinez

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

Each year, over one million undocumented immigrants make their way across the U.S.-Mexican border in search of a better life. They are fleeing desperate situations like war, oppression, corruption, and starvation. Not only do undocumented immigrants making their way across the border have to fear dehydration and starvation, but they must also worry about death at the hands of Texas landowners. Texas ranchers often react with extreme measures in protecting their property. Ranch Rescue is an organization made up of volunteers who believe they should take measures into their own hands whenever there is a failure or refusal to act …

We Got Next: Will Texas Redistricting Dictate A Definitive Answer By The Supreme Court On Minority Aggregation Under Section 2 Of The Voting Rights Act., M. Nycole Hearon

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

Abstract Forthcoming.

The House Always Wins: A Look At The Federal Government's Role In Indian Gaming & The Long Search For Autonomy., Christian C. Bedortha

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

States should not deny Native Americans the right to establish Class III gaming—casino games and slot machines—establishments. In 1988, Congress passed the Indian Gaming Regulatory Act (IGRA) which provided Indian tribes the exclusive right to control all forms of gambling on Indian land. IGRA, however, requires the Indian tribes and the state to negotiate the terms of a Class III gaming arrangement. If the state refuses, the matter goes to the Secretary of the Interior. The Secretary of the Interior, however, lacks the authority to require a state to allow the tribe to establish Class III gaming institutions. Therefore, without …

Mixed Messages: Texas' Two Highest Courts Deliver Conflicting Opinions Regarding The Fourteenth Amendment Mixed Motive Doctrine As Applied In The Context Of Batson/Edmonson Juror Exclusion Hearings., Ross P. Brooks

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

Abstract Forthcoming.

Capping Your Rights: The Texas Statute Of Non-Economic Damage Caps In Medical Malpractice Cases And Its Assault On The Rights Of The Injured And The Power Of The Courts., Ruben James Reyes

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

Though the Texas Legislature attempted to assure Texans’ access to quality, affordable health care, they assaulted patients’ rights and the power of the courts with a cap on non-economic damages in medical malpractice lawsuits. Non-economic damage caps have a major effect in medical malpractice cases on an injured victim’s constitutional rights and their rights to bring a cause of action against a negligent party. Injured medical malpractice victims may argue that non-economic damage caps directly violate equal protection because of the creation of an impermissible classification distinguishing between injured victims with calculable economic damages and injured victims with no economic …

Getting The Mentally Ill Misdemeanant Out Of Jail., James R. Walker

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

This Comment advocates for the release of jailed persons arrested for nonviolent crimes due to the symptomology associated with their mental illnesses. Mentally ill misdemeanants suffer from severe and persistent mental disorders, usually either a psychotic or mood disorder, without symptoms or a diagnosis of a personality disorder. Due to the increase in arrests of individuals with mental illnesses, jail and prison populations are drastically increasing. These institutions have turned into modern mental hospitals or asylums. Criminalization of the mentally ill occurs because increasing numbers of mentally ill persons who commit minor crimes are subject to more frequent arrests. The …

Contemplating Greatness: Learning Disabilities And The Practice Of Law., Scott Weiss

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

Abstract Forthcoming.

The Vietnamese Shrimpers Of Texas: Salvaging A Sinking Industry., Stephen L. Bennett Jr.

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

Abstract Forthcoming.

Lessons From La Morenita Del Tepeyac, Ana M. Novoa

Faculty Articles

The concept that the powerful and wealthy have the absolute obligation to offer political, financial, and social liberation to those at the margins of society should have special importance to those who are lawyers and professionals of color. People spend considerable time working through, working in, and centered in the dominant, or caucasian European culture. The legal system regularly fails to see, accept, realize, or believe when truth is presented at the margins. Nonetheless, it is at the margins that true legal and personal reform take place. Even in a friendly environment, where people are encouraged to step outside the …

Employment Law - Racial Discrimination - Circumstantial Evidence Of Racial Discrimination May Be Introduced To Raise A Genuine Issue Of Material Fact, Patricia W. Moore

Faculty Articles

In Hopson v. DaimlerChrysler, the United States Court of Appeals for the Sixth Circuit decided whether summary judgment was appropriate for the defendant on racial discrimination claims based on violations of Title VII, 42 United States Code § 2000e-2000e-17 and the Elliott-Larsen Civil Rights Act, Michigan Compiled Laws Annotated 37.2101.

What Lies Beneath: Determining The Necessity Of International Groundwater Policy Along The United States - - Mexico Border And A Roadmap To An Agreement (Comment), Amy Hardberger

Faculty Articles

The United States and Mexico share water in many aquifers along the border. Although significant attention has been given to international surface water, little to no policy has been generated regarding shared groundwater. Groundwater is a resource of growing importance because surface water resources are quickly being depleted.

While there are almost no international agreements for groundwater, guidance documents suggest what should be included. Increased dependence on groundwater by both sides of the border creates the potential for conflict because the only legal framework for water allocation involves surface water. The US and Mexico must shift from passive to active …

For Any Reason Or No Reason At All: Reconciling Employment-At-Will With The Rights Of Texas Workers After Mission Petroleum Carriers Inc. V. Solomon., Jason P. Lemons

St. Mary's Law Journal

Since its inception, Texas has been a favored destination for both up-start entrepreneurs and established corporations. One of the less heralded, but nonetheless significant factors that makes Texas so attractive to businesses is its long-standing devotion to the doctrine of at-will employment. The doctrine generally states that any employment relationship not governed by contract or a statutory provision is terminable at any time by either the employer or the employee for any reason or no reason at all. At-will employment has been praised by courts and commentators for the flexibility it offers both parties in decision making. Nevertheless, the at-will …

The Texas Cave Bug And The California Arroyo Toad Take On The Constitution's Commerce Clause., Daniel J. Lowenberg

St. Mary's Law Journal

Abstract Forthcoming.

Un Enfoque Comparativo Sobre La Formacion De Los Contratos Electronicos, Roberto Rosas

Faculty Articles

Understanding the basic principles governing the formation of contracts is of paramount importance when it comes to figuring out the most appropriate to enter into a new contract or to assess the legality of a contract existing ones. While the basic rules for the forming of general contracts are applicable to most type of contracts, regardless of how they are done, there are some legal rules that apply specify to contracts concluded electronically.

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International And Mexican Law, Roberto Rosas

Faculty Articles

No abstract provided.

Evidentiary Tactics: Selecting The “Best” Evidence To Simplify The Case, Edward J. Imwinkelried, David A. Schlueter

Faculty Articles

In the early 1990s, the American Bar Association Special Committee on Jury Comprehension released the results of surveys of jurors. These jurors had participated in complex federal and state cases. The researchers asked the jurors what complaints they had against the attorneys who had tried the cases. By a wide margin, the primary complaint was that the litigators went overboard and swamped the jury with information, particularly an excessive number of exhibits.

At trial, the attorney must exorcise the demons of complexity and confusion. There are strategies and tactics that should be employed to reduce cases to manageable portions that …

Secured Transactions History: The Impact Of Southern Staple Agriculture On The First Chattel Mortgage Acts In The Anglo-American World, George Lee Flint Jr, Marie Juliet Alfaro

Faculty Articles

The development of secured transaction law in colonial America was spurred by a litigious conflict between the recognizance and the chattel mortgage. The recognizance was the admission and recording of a debt before the court in order to secure credit. However, court hearings were infrequent in the colonies and often logistically impractical to the average farmer or merchant. The chattel mortgage was a more informal and practical solution to providing lines of credit on personal property. Without a system for recording chattel mortgages, lenders could not be sure in their investments.

In the southern colonies, the emergence of staple crops, …

Misrepresentation By Lawyers About Credentials Or Experience, Vincent R. Johnson, Shawn M. Lovorn

Faculty Articles

Authorities appropriately condemn dishonesty by attorneys in the broadest terms. In moving from moral principles to legal liability, however, it is important to think carefully about when a lawyer’s conduct misleads a client in a way that is actionable. Whether liability will be imposed depends upon the nature of the misrepresentation, the status of the plaintiff, the theory of liability, and the presence of competing interests or special considerations.

Basic principles of American tort law provide useful guidance in defining the disclosure obligations of attorneys. But like tort law itself, the answers are not simple. What an attorney may, must, …

2004-2005 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk

St. Mary's Law Journal

Abstract Forthcoming.

The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson

St. Mary's Law Journal

The Attorney General of Texas is the only elected official charged with regulating the state’s charitable interest. This duty and authority over charitable assets and entities are comprehensive and unique in themselves. Although the broader state representation role of American attorneys general has evolved considerably and been substantively codified in the statutory law, the area of charity regulations has remained remarkably true to its common law root. This Article will briefly examine the early roots of charity regulation and then discuss the authority and duties of the Attorney General of Texas in the modern context of charity regulation. In Texas, …

School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii

St. Mary's Law Journal

The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …

Decriminalizing Sexual Conduct: The Supreme Court Ruling In Lawrence V. Texas., Jessica A. Gonzalez

St. Mary's Law Journal

Throughout America, homosexual men and women have fought for the protection of their constitutional rights; gay men, lesbian women, and bisexual persons have petitioned the government for marital rights, adoption privileges, and recognition in the armed forces. While American culture has changed to include homosexuals in its daily life, the judicial branch has been hesitant in accepting gay culture within the legal system. While American courts remained reluctant to invalidate anti-sodomy statutes, Lawrence v. Texas pushed homosexual issues to the forefront. Gay activists demanded that the courts recognize homosexual individuals as persons deserving of constitutional protections. In doing so, Lawrence …

Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter

St. Mary's Law Journal

Because “sue and be sued” language is ambiguous at best, courts should not find that this language is a waiver of immunity. Under Texas law, governmental entities—including the state, its agencies, and political subdivisions—are entitled to sovereign immunity from both suit and liability. For sovereign immunity to be applicable to governmental entities, sovereign immunity applies unless the legislature has clearly and unambiguously waived it. Although numerous Texas appellate courts have held that “sue and be sued” language is a waiver of sovereign immunity, the Texas Supreme Court has squarely addressed the issue only once, in Missouri Pacific Railroad Co. v. …

Aboilishing The Texas Jury Shuffle., Michael M. Gallgher

St. Mary's Law Journal

This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …