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Articles 1 - 13 of 13
Full-Text Articles in Law
The Texas Assessment Of Academic Skills Exit Test–"Driver Of Equity" Or "Ticket To Nowhere?", Placido Gomez
The Texas Assessment Of Academic Skills Exit Test–"Driver Of Equity" Or "Ticket To Nowhere?", Placido Gomez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
The Dynamics Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: The Splitting-Up Of American Families, Emma O. Guzman
The Dynamics Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: The Splitting-Up Of American Families, Emma O. Guzman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin
Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin
The Scholar: St. Mary's Law Review on Race and Social Justice
Indefinite detention of Cuban immigrants is unconstitutional. Immigrants detained in American jails are being treated the same as individuals serving criminal sentences or awaiting disposition of their cases. Congress should, therefore, create a mandatory and uniform system of procedural due process. The system should be modeled after the procedural due process system established by the Kansas Legislature in the Kansas Sexually Violent Predator Act of 1994. Although the U.S. Supreme Court has yet to rule on the indefinite detention of the Mariel Cubans, lower courts have held that the indefinite detention of Mariel Cubans does not violate the Constitution. Nonetheless, …
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
St. Mary's Law Journal
The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
St. Mary's Law Journal
Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
St. Mary's Law Journal
Internet users need protection from unsolicited commercial emails (UCEs), and this protection should come from federal legislation. Despite seventeen states having passed some sort of legislation regulating UCEs, this is insufficient to protect Internet users from UCEs. State laws are not uniformed and UCEs frequently cross state lines. Internet advertisers prefer commercial emails because of the ability to market to millions of consumers at a low cost. Consumers, however, suffer delays to their Internet access because of the amount of data UCEs accumulate, and in some cases may have to pay additional fees if they exceed the data limits of …
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
St. Mary's Law Journal
In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …
There Is A Lot To Be Repaired Before We Get To Reparations: A Critique Of The Underlying Issues Of Race That Impact The Fate Of African American Reparations, Art Alcausin Hall
There Is A Lot To Be Repaired Before We Get To Reparations: A Critique Of The Underlying Issues Of Race That Impact The Fate Of African American Reparations, Art Alcausin Hall
The Scholar: St. Mary's Law Review on Race and Social Justice
Reparations are vital to enfranchise a group historically denied access to the opportunities required to enjoy the civil and political rights every United States citizen possesses. However, before African Americans will receive reparations, underlying issues of race must be resolved. The United States has provided reparations for some domestic groups, as well as support for at least one international group. Unfortunately, neither the Supreme Court, nor Congress seems willing to grant the same relief to African Americans. Because of this, outside of small settings and academic arenas, little debate has occurred. The resulting stalemate reveals underlying problems that stem from …
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.
The Scholar: St. Mary's Law Review on Race and Social Justice
The Sutton v. United Airlines decision went too far in the Supreme Court’s effort to scale back the protections of the Americans with Disabilities Act (ADA). Congress should review the Sutton decision and amend the ADA to consider disabilities as they exist without regard to mitigating measures based on the severity of the illness. To seek protection under the ADA, one must have a discernable disability, and one’s impairment must be diagnosed and disclosed to the employer. Disability, however, was not specifically defined in the ADA, and no agency or regulation has specifically defined disability for the courts to utilize …
The Dangers Of Unguarded Discretion: The Unconstitutional Stops Of Buses By Roving Patrols, Norma Alicia Ortiz
The Dangers Of Unguarded Discretion: The Unconstitutional Stops Of Buses By Roving Patrols, Norma Alicia Ortiz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
Immunity Of Volunteer Health Care Providers In Texas: Bartering Legal Rights For Free Medical Care Comment, Gwendolyn Pulido
Immunity Of Volunteer Health Care Providers In Texas: Bartering Legal Rights For Free Medical Care Comment, Gwendolyn Pulido
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas should not rely on Congress to cure the problem of indigent access to healthcare. Despite recent proposals to create a unified healthcare system, the United States continues to allow the welfare of its poor citizens to ride the wave of the free market. Unlike the U.S., several international declarations have acknowledged the inherent human right to healthcare including the World Health Organization (WHO), the United Nations Universal Declaration of Human Rights, and the United Nations’ adoption of the Covenant on Economic, Social, and Cultural Rights (The Covenant). Despite the recognition of a right to healthcare, there is still no …
Black Faces, Brown Faces.. .Why Are We Different Than White Faces? An Analytical Comparison Of The Rate Of Certification Of Minority &Non-Minority Juvenile Offenders, Keisha L. David
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
A "Last Hug" Before Execution: The Case In Favor Of Contact Visitation For Death Row Inmates In Texas, Ryan Byrd
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming