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Full-Text Articles in Law
Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law., Marialyn Barnard, Lorien Whyte, Emmanuel Garcia
Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law., Marialyn Barnard, Lorien Whyte, Emmanuel Garcia
St. Mary's Law Journal
It is important for all Texas lawyers to be knowledgeable about mandamus relief. Unfortunately, there is no bright line rule in terms of mandamus relief. The general rule for when mandamus relief may be granted is when the trial court clearly abused its discretion, and there is not an adequate remedy available from a court of appeals. A clear of abuse of discretion is determined if no other trial court would have come to the same conclusion. In deciding if mandamus relief is proper, appellate courts apply a balancing test. The appellate court considers several factors including: preserving relator’s substantive …
Splitting The Baby Internationally: Evaluating The Least Restrictive Conundrum When Protecting Children From International Parental Abduction., Jason Nitz
The Scholar: St. Mary's Law Review on Race and Social Justice
International programs and federal legislation have proven insufficient in protecting parental child abduction victims. Unfortunately, the left-behind parent has inadequate remedies to order the return of their child. The Hague Convention on the Civil Aspects of International Child Abduction (Hague), an international treaty, facilitates the return of abducted children. Three exemptions, however, have been included in Hague and permit the foreign country to reject the request to return the abducted child. The exceptions, acclimation, fundamental principles, and grave risk, have been unpredictably used by foreign courts and hinder the success of returning the abducted child. Two examples of federal legislation …
The Slow, Yet Long-Anticipated Death Of Doma And Its Impact On Immigration Law., Figueroa Laura, Angelica Jimenez
The Slow, Yet Long-Anticipated Death Of Doma And Its Impact On Immigration Law., Figueroa Laura, Angelica Jimenez
The Scholar: St. Mary's Law Review on Race and Social Justice
Following the Supreme Court’s rulings in United States v. Windsor and Hollingsworth v. Perry, it is expected that current federal laws concerning immigration, as it pertains to binational same-sex married couples, will be affected. In Windsor, the Court struck down Section Three of the Defense of Marriage Act (DOMA). The Court held the federal government could not treat same-sex couples differently from heterosexual couples. In Perry, however, the Court dismissed the case due to a lack of standing. As a consequence, Section Two of DOMA, which permits states to not recognize same-sex marriages performed in another state, remains valid. In …