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Full-Text Articles in Law
Low Bono Legal Counsel: Closing The Access To Justice Gap By Providing The Middle Class With Affordable Attorneys., Steven A. Krieger
Low Bono Legal Counsel: Closing The Access To Justice Gap By Providing The Middle Class With Affordable Attorneys., Steven A. Krieger
The Scholar: St. Mary's Law Review on Race and Social Justice
The middle class is often underserved when it comes to retaining legal services. Individuals at or below poverty level qualify for pro bono services, and the wealthy have the resources to pay. Federal funding for free legal assistance is distributed by the Legal Services Corporation (LSC). Unfortunately for the middle class, funds are limited and are used primarily for pro bono services. Funding from Congress is unlikely to increase because the allocation of funds is dependent on the federal poverty guidelines. Relying on the federal guidelines is erroneous because the guidelines have not been updated since the 1960s, and therefore …
Do Black Lives Matter? Race As A Measure Of Injury In Tort Law., Alberto Bernabe
Do Black Lives Matter? Race As A Measure Of Injury In Tort Law., Alberto Bernabe
The Scholar: St. Mary's Law Review on Race and Social Justice
Courts should not recognize an injury for wrongful birth or wrongful life based on the race of the child. In Cramblett v. Midwest Sperm Bank, the petitioner contracted with a sperm bank to be artificially inseminated from an anonymous sperm donor. The petitioner selected a donor with blond hair and blue eyes. The sperm bank accidentally inseminated the petitioner with sperm from a different donor. Petitioner gave birth to a mixed-race baby girl. Two years after the birth, petitioner filed a lawsuit against the sperm bank alleging wrongful birth. The court dismissed her case, nonetheless the issue remains whether race …
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 …
What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson
What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson
The Scholar: St. Mary's Law Review on Race and Social Justice
States should enact legislation affording same-sex partners the same rights and responsibilities to their children as opposite-sex partners. Although federal law mandates specific duties owed to the child, the language is silent about whether it applies to same-sex partners. Moreover, Congress passed the Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman. Some states—namely Texas—have passed their own version of DOMA. These states have subsequently denied same-sex partners the same rights granted to opposite-sex partners—such as conservatorship, visitation, and child support. Same-sex partners have used DOMA as a legal strategy to either avoid …
Fostering To Children's Needs Or Fostering To Legislators' Personal Agendas., Tracy Kasparek
Fostering To Children's Needs Or Fostering To Legislators' Personal Agendas., Tracy Kasparek
The Scholar: St. Mary's Law Review on Race and Social Justice
Legislators and judges must keep their own personal biases of homosexuals out of their analysis, particularly when considering if same-sex couples should be foster parents. Legislators and judges personal biases are rooted in unsubstantiated beliefs that homosexuals are mentally ill, lack the same maternal or parental instincts as hetersexuals, and may turn the children into homosexuals. None of these beliefs are supported by any type of evidence. On the contrary, studies indicate that homosexual couples are as fit for parenting as heterosexual couples. Furthermore, homosexual couples tend to take the hardest children to place such as: minority children, children with …
Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata
Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas courts should not apply the best interest standard established in Holley v. Adams to all child custody disputes because it is not a one-size-fits all approach. In Holley, a parental rights termination case, the Texas Supreme Court listed factors to consider when evaluating the best interest of the child. These factors, however, do not adequately address all the issues in a child custody case. Additionally, specific factors including parent’s wishes, religion, race, or the parents' sexual preference are not considered Holley factors. Another significant problem with relying on Holley is that judges are not required to address each factor …