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St. Mary's University

2009

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Articles 1 - 30 of 73

Full-Text Articles in Law

Center For Terrorism Law: Monthly Activity Report, 2009-12, St. Mary's University School Of Law Center For Terrorism Law Dec 2009

Center For Terrorism Law: Monthly Activity Report, 2009-12, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt Dec 2009

Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt

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

Should the public schools be allowed to segregate girls from boys in the classroom? There is a history of single-sex education in this country, but there are concerns about single gender classrooms. In recent decades, researchers have begun to assert that requiring boys and girls to be taught together has a negative impact on the educational progress because of inherent differences in boy/girl learning behavior, or even in the development of their brains. Proponents of gender exclusive classrooms point out the voluntary nature of the programs, and the explicit findings of the Department of Education justifying such programs. Opponents argue …


Como Se Dice, Necesito A Un Interprete - The Civil Litigant's Right To A Court-Appointed Interpreter In Texas., Diana K. Chochrane Dec 2009

Como Se Dice, Necesito A Un Interprete - The Civil Litigant's Right To A Court-Appointed Interpreter In Texas., Diana K. Chochrane

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

Abstract Forthcoming.


Making The Case: Did The Government's Response To Hurricane Katrina Violate The Equal Protection Clause., Michael Kogut Dec 2009

Making The Case: Did The Government's Response To Hurricane Katrina Violate The Equal Protection Clause., Michael Kogut

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

Abstract Forthcoming.


Asylum And Female Genital Mutilation: Membership In A Particular Social Group Inadequately Protecting Persecuted Women., Stacey Kounelias Dec 2009

Asylum And Female Genital Mutilation: Membership In A Particular Social Group Inadequately Protecting Persecuted Women., Stacey Kounelias

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

Abstract Forthcoming.


China's Labor Enforcement Crisis: International Intervention And Corporate Social Responsibility., Dana C. Nicholas Dec 2009

China's Labor Enforcement Crisis: International Intervention And Corporate Social Responsibility., Dana C. Nicholas

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

Abstract Forthcoming.


Moving Beyond The Immutability Debate In The Fight For Equality After Proposition 8., M.K.B. Darmer, Tiffany Chang Dec 2009

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 …


Whores And Other Sex Slaves: Why The Equation Of Prostitution With Sex Trafficking In The William Wilberforce Reauthorization Act Of 2008 Promotes Gender Discrimination., Elizabeth Kaigh Dec 2009

Whores And Other Sex Slaves: Why The Equation Of Prostitution With Sex Trafficking In The William Wilberforce Reauthorization Act Of 2008 Promotes Gender Discrimination., Elizabeth Kaigh

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

Congress should vote to exclude the William Wilberforce Reauthorization Act from the Victims of Trafficking and Violence Protection Act (VTVPA).  The William Wilberforce Reauthorization Act concerns prostitution, whereas the VTVPA concerns human trafficking. Lawmakers dealing with sex trafficking and prostitution in the United States wrongly combine them as one unified activity. A significant difference between sex trafficking and prostitution concerns the consent of the women having sex. Nevertheless, it is unfair for states to strengthen prostitution laws on a federal level, which is what the William Wilberforce Reauthorization Act would do. The Act would effectively turn prostitution into a federal …


The Politicization Of United States Asylum And Refugee Policies., Victoria Rapoport Dec 2009

The Politicization Of United States Asylum And Refugee Policies., Victoria Rapoport

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

Abstract Forthcoming.


John Jay, Discrimination, And Tenure., Guillermo S. Dekat Dec 2009

John Jay, Discrimination, And Tenure., Guillermo S. Dekat

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

American courts should cease allowing the academic deference doctrine to interfere with tenure decision cases and treat tenure decisions the same way they treat any other employment discrimination case. Unlike recent court precedent that holds that summary judgement and judgement as a matter of law should not be granted when the employer’s defenses are vague and subjective, or when they heavily rely on testimony of interested parties, this principle has yet to be applied to a plaintiff in a tenure case. The Court of Appeals for the Second Circuit provided five reasons for distinguishing between tenure decisions and regular employment …


Conflicting Interests Of Labor Demands And Employer Based Immigration Laws: Old Problems Require New Solutions., Nicole E. Merritt Dec 2009

Conflicting Interests Of Labor Demands And Employer Based Immigration Laws: Old Problems Require New Solutions., Nicole E. Merritt

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

Abstract Forthcoming.


Free Exercise Of The Courtroom: Why Perpetrators Of Religiously Motivated Violence Can No Longer Hide Behind The First Amendment., Hayley Ellison Dec 2009

Free Exercise Of The Courtroom: Why Perpetrators Of Religiously Motivated Violence Can No Longer Hide Behind The First Amendment., Hayley Ellison

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

Abstract Forthcoming.


Center For Terrorism Law: Monthly Activity Report, 2009-11, St. Mary's University School Of Law Center For Terrorism Law Nov 2009

Center For Terrorism Law: Monthly Activity Report, 2009-11, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Class Of 2012 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law Oct 2009

Class Of 2012 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 2012


Terrorism Law Report, 2009 Fall, St. Mary's University School Of Law Center For Terrorism Law Oct 2009

Terrorism Law Report, 2009 Fall, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2009-10, St. Mary's University School Of Law Center For Terrorism Law Oct 2009

Center For Terrorism Law: Monthly Activity Report, 2009-10, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Oct 2009

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

Law Notes

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2009-09, St. Mary's University School Of Law Center For Terrorism Law Sep 2009

Center For Terrorism Law: Monthly Activity Report, 2009-09, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2009-08, St. Mary's University School Of Law Center For Terrorism Law Aug 2009

Center For Terrorism Law: Monthly Activity Report, 2009-08, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2009-07, St. Mary's University School Of Law Center For Terrorism Law Jul 2009

Center For Terrorism Law: Monthly Activity Report, 2009-07, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2009-06, St. Mary's University School Of Law Center For Terrorism Law Jun 2009

Center For Terrorism Law: Monthly Activity Report, 2009-06, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2009-05, St. Mary's University School Of Law Center For Terrorism Law May 2009

Center For Terrorism Law: Monthly Activity Report, 2009-05, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Terrorism Law Report, 2009 Spring, St. Mary's University School Of Law Center For Terrorism Law Apr 2009

Terrorism Law Report, 2009 Spring, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2009-04, St. Mary's University School Of Law Center For Terrorism Law Apr 2009

Center For Terrorism Law: Monthly Activity Report, 2009-04, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Apr 2009

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

Law Notes

No abstract provided.


Lives In Defense Counsel's Hands: The Problems And Responsibilities Of Defense Counsel Representing Mentally Ill Or Mentally Retarded Capital Defendants., Rebecca J. Covarrubias Apr 2009

Lives In Defense Counsel's Hands: The Problems And Responsibilities Of Defense Counsel Representing Mentally Ill Or Mentally Retarded Capital Defendants., Rebecca J. Covarrubias

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

Abstract Forthcoming.


The Boundary-Line Fuction Of The Economic Loss Rule, Vincent R. Johnson Apr 2009

The Boundary-Line Fuction Of The Economic Loss Rule, Vincent R. Johnson

Faculty Articles

No abstract provided.


The H-2b Visa: Is This How We Treat A Guest., Ragini Tripathi Apr 2009

The H-2b Visa: Is This How We Treat A Guest., Ragini Tripathi

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

Abstract Forthcoming.


Beyond The Plenary Power Doctrine: How Critical Race Theory Can Help Move Us Past The Chinese Exclusion Case., Freddy Funes Apr 2009

Beyond The Plenary Power Doctrine: How Critical Race Theory Can Help Move Us Past The Chinese Exclusion Case., Freddy Funes

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

The application of the plenary power doctrine, established in the Chinese Exclusion Case, not only fails to reflect reality, its application also continues to perpetuate the blatant racism underlying its creation. The Supreme Court couched the doctrine’s plainly racist context by offering three justifications for its creation: sovereignty, national security, and self-definition of the political community. However, when examined, the Court’s reasonings hold little, if any, merit and seem to simply be an attempt to justify the legislature’s racial animus toward Chinese immigrants. First, while international law provided the basis for the plenary power doctrine, courts refuse to allow international …


Civilian Border Patrols: The Right To Safely Cross The Border Vs. The Right To Protect Private Property., Andrea Aguilar Apr 2009

Civilian Border Patrols: The Right To Safely Cross The Border Vs. The Right To Protect Private Property., Andrea Aguilar

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

Abstract Forthcoming.