Law Commons^™

Innocent Until Proven Mentally Incompetent., Jade Smith

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

Abstract Forthcoming.

The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., Sarah Garcia

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

Abstract Forthcoming.

“Better Luck Next Election”: Late-Jailed Voters’ Constitutional Right To Vote After Mays V. Larose., Grace Thomas

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

Abstract Forthcoming.

A New Deal For A Right To Work: Confronting Racism And Inequality In The U.S., James A. Gross

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

Whites have always controlled the country’s major economic and political institutions at all levels. Starting with slavery, the enduring and pervasive dogmas of White superiority and Black inferiority, once openly asserted as “keeping Negroes in their place,” were also used to restrict Black men and women to subordinate “negro jobs.” The vast riches of the United States “were available to all who had the enterprise to take them and the good fortune to be White.”

This denial of the right to work in freely chosen endeavors continues to have immense consequences for Black men, women, and children in every aspect …

The Legacy Of Trust Promises: Native American Healthcare (Note), Hailey Trawick

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

From European colonialism to the establishment of the United States, the rights, history, and independence of Native Americans have been systematically stripped away. The American government expanded rapidly, forcibly displacing indigenous populations from their native lands and moving them to reservations with inferior resources and space. During a forced removal, often instituted by treaties between American Indian tribes and the federal government, government officials offered protection and access to resources in exchange for vast tribal land. Although treaty-making with American tribes ended over a century ago, their deleterious and often broken promises continue to haunt us.

Part I of this …

The U.S. Government Taking Under Eminent Domain: When Just Compensation Is Unjust (Comment), Michael Perez

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

The true effects of private takings do not occur in a vacuum and are not solely academic in nature. The consequence of losing property implicates loss of income, loss of value in residual property, and loss of familial land. The importance of protecting the rights of individual land-owners becomes increasingly apparent when analyzing the effect of the taking.

This comment will explore how the government’s taking of private property occurs—including how the government has loosened restrictions and procedural hurdles. The analysis will focus specifically on processes, policies, and statutes, created and used by the federal government to facilitate takings necessary …

No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez

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

Current immigration polices continue to force mixed-status family separation and do not provide any attainable avenues for immigration relief. Modern immigration law is complex, filled with statutes and regulations that create waste, delay, and confusion among immigrants, their families, and the United States judicial system. As a result, U.S. citizen children are bearing the costs of a faulty immigration system.

The Scholar: Twenty-Five Years Of Change., Catherine Casiano

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

Abstract Forthcoming.

The Eyes Of Texas Are Upon You: Will Affirmative Action In Texas Survive Its Endless Constitutional And Legislative Attacks?, Kathryn L. Cantu

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

Abstract Forthcoming.

Unequal Access To Higher Education: Student Loan Debt Disproportionately Impacts Minority Students., Elisa Reyes Hinojosa

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

Abstract Forthcoming.

A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century., Albert H. Kauffman

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

Abstract Forthcoming.