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Articles 1 - 30 of 33
Full-Text Articles in Law
Como Se Dice, Necesito A Un Interprete - The Civil Litigant's Right To A Court-Appointed Interpreter In Texas., Diana K. Chochrane
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.
Free Exercise Of The Courtroom: Why Perpetrators Of Religiously Motivated Violence Can No Longer Hide Behind The First Amendment., Hayley Ellison
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.
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 …
China's Labor Enforcement Crisis: International Intervention And Corporate Social Responsibility., Dana C. Nicholas
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.
Asylum And Female Genital Mutilation: Membership In A Particular Social Group Inadequately Protecting Persecuted Women., Stacey Kounelias
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.
Making The Case: Did The Government's Response To Hurricane Katrina Violate The Equal Protection Clause., Michael Kogut
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.
John Jay, Discrimination, And Tenure., Guillermo S. Dekat
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
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.
Moving Beyond The Immutability Debate In The Fight For Equality After Proposition 8., M.K.B. Darmer, Tiffany Chang
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 …
The Politicization Of United States Asylum And Refugee Policies., Victoria Rapoport
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.
Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt
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 …
Beyond The Plenary Power Doctrine: How Critical Race Theory Can Help Move Us Past The Chinese Exclusion Case., Freddy Funes
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
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.
One Person, One Vote, One Application: District Court Decision In Ray V. Texas Upholds Texas Absentee Voting Law That Disenfranchises Elderly And Disabled Voters., Sean Flynn
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The H-2b Visa: Is This How We Treat A Guest., Ragini Tripathi
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.
Lives In Defense Counsel's Hands: The Problems And Responsibilities Of Defense Counsel Representing Mentally Ill Or Mentally Retarded Capital Defendants., Rebecca J. Covarrubias
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.
Procedural And Judicial Limitations On Voir Dire - Constitutional Implications And Preservation Of Error In Civil Cases., R. Brent Cooper, Diana L. Faust
Procedural And Judicial Limitations On Voir Dire - Constitutional Implications And Preservation Of Error In Civil Cases., R. Brent Cooper, Diana L. Faust
St. Mary's Law Journal
The right to a trial by jury is meaningless without an effective voir dire. Recurring tort reform, rapid technological advancements, immediate access to media coverage of incidents that give rise to litigation have greatly expanded. Consequentially, courts are faced with the prospect that potential jurors’ opinions and attitudes have been tainted. In addition to these issues, trial courts display significant interest in promptly expediting the advancement of their dockets. Voir dire is an essential element of trial strategy. Voir dire allows counsel to establish rapport with potential jurors, introduce them to the issues and facts of the case, and identify …
Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling
Ten Years After Burrow V. Arce: The Current State Of Attorney Fee Forfeiture., Jeffrey A. Webb, Blake W. Stribling
St. Mary's Law Journal
“Extreme [attorney] misconduct may warrant an extreme remedy.” Fee forfeiture certainly constitutes an extreme remedy, at least compared to the ordinary remedy for violation of a legal duty. But neither the degree to which the remedy is extreme nor how extreme the misconduct must first be before the forfeiture becomes appropriate is apparent in light of the Texas Supreme Court’s decision in Burrow v. Arce. Understanding the confusion which has arisen with regard to Burrow’s impact depends in large measure on a thorough evaluation of (1) the basis for the court’s determinations relating to forfeiture, (2) the sources from which …
Should Texas's Former Ban On Obscene-Device Promotion Pass Constitutional Muster Under A Murky Lawrence Comment., Laura M. Clark
Should Texas's Former Ban On Obscene-Device Promotion Pass Constitutional Muster Under A Murky Lawrence Comment., Laura M. Clark
St. Mary's Law Journal
When the Fifth Circuit freed Texans to promote and distribute sexual devices without criminal penalties, it created a split with the Eleventh Circuit’s decision to uphold Alabama’s ban. Both courts based their rulings on the U.S. Supreme Court’s decision in Lawrence v. Texas, which invalidated Texas’s statute banning homosexual sodomy. In upholding Alabama’s sex-toy statute in 2007, the Eleventh Circuit found no fundamental right to sexual privacy under Lawrence and held public morality was a sufficiently rational basis for the statute. The court distinguished Lawrence, which dealt with prohibition of private conduct, rather than public commercial activity. The Fifth Circuit …
Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman
Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman
St. Mary's Law Journal
Judge Wayne Justice had a deep impact on the lives of many people and was an unyielding advocate who protected the rights of all U.S. citizens. Many of the Judge’s orders and consent decrees forced Texas to comply with more stringent federal requirements in education and health care and had a far reaching effect across the nation. Judge Justice presided over Doe v. Plyler that ensured the benefit of public education for the children of undocumented immigrants. In United States v. Texas, Judge Justice required that the Texas Education Agency monitor school district actions and policies to assure that they …
Plea To The Jurisdiction: Defining The Undefined., Rebecca Simmons, Suzette Kinder Patton
Plea To The Jurisdiction: Defining The Undefined., Rebecca Simmons, Suzette Kinder Patton
St. Mary's Law Journal
Pleas to the jurisdiction have been part of Texas jurisprudence since shortly after Texas became a state. The resulting confusion over the procedure and standards to be employed in resolving a plea was partially alleviated by the Texas Supreme Court’s decision in Texas Department of Parks and Wildlife v. Miranda. From a number of reports from Texas’s reviewing courts, however, it is evident the courts continue to struggle with the plea. Currently there are no established procedural rules to assist with the resolution of a plea to the jurisdiction. Thus, procedures vary from court to court and case to case. …
Civil Jury Trials R.I.P. - Can It Actually Happen In America Essay., Royal Furgeson
Civil Jury Trials R.I.P. - Can It Actually Happen In America Essay., Royal Furgeson
St. Mary's Law Journal
Civil jury trials in America have been declining at a steady rate for the last thirty years. This is a well-documented trend. If the trend continues, within the foreseeable future, civil jury trials in American may eventually become extinct. Jury trials have been central to justice in America and its states since their inception. Their importance has been stated as bringing accountability to the law and to society. As all persons, even the powerful and wealthy ones, are accountable under the law. Yet, as important as juries and jury trials are to the health of justice in America, the civil …
Professional Malpractice In A World Of Amateurs., Thomas D. Morgan
Professional Malpractice In A World Of Amateurs., Thomas D. Morgan
St. Mary's Law Journal
Clients experience the speed at which the world changes, both technologically and socially. They expect lawyers to keep pace. The technology which permits lawyers to deliver legal services faster also chains lawyers to their electronic devices. This technology has also led to a growing market of those who promise to do the same work faster, better, and cheaper. Such developments will ultimately affect how lawyers view professional malpractice or the way the industry understands “competence and diligence normally exercised by lawyers.” The malpractice question becomes: to what standard of care and competence should such “amateur” lawyers be held? The legal …
Patent-Holding Patent Attorneys: Conflicts Of Interests, Confidentiality, And Employment Issues Comment., Ashley R. Presson
Patent-Holding Patent Attorneys: Conflicts Of Interests, Confidentiality, And Employment Issues Comment., Ashley R. Presson
St. Mary's Law Journal
Patents are grants issued by the United States Patent and Trademark Office (USPTO) which confer upon the holder, the patentee, patent rights to such intellectual property as inventions, technologies, and processes. Patent rights include the right to exclude others from “making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.” Once the USTPO has granted a patent, the inventor may market the product. Patentees who do not have the funds or time to market the product may profit by conveying the legal rights conferred by the patent to other …
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz
St. Mary's Law Journal
The Establishment Clause crisis exists due to the Supreme Court’s promise that America would have a secular government—meaning one which was neutral between religion and irreligion, as well as being neutral to all religions. This promise evolved pursuant to the Supreme Court’s interpretation of the Establishment Clause. Nevertheless, the commitment to neutrality was never carried to fulfillment by the Court. The crisis may be illustrated by Congress’ addition of the words “under God” to the Pledge of Allegiance in 1954. This addition seemed to violate the promise of neutrality made by the Supreme Court in Everson v. Board of Education …
Prescribing A Balance: The Texas Legislative Responses To Sell V. United States., Brian D. Shannon
Prescribing A Balance: The Texas Legislative Responses To Sell V. United States., Brian D. Shannon
St. Mary's Law Journal
In Sell v. United States, decided in 2003, the United States Supreme Court addressed the question of “whether the Constitution permits the Government to administer antipsychotic drugs involuntarily to a mentally ill criminal defendant – in order to render that defendant competent to stand trial for serious, but nonviolent crimes.” The Court concluded that the Constitution does permit doing so “in limited circumstances…upon satisfaction of conditions” that the Court delineated. This Article will first address the Court’s parameters for determining when the administration of antipsychotic medications on an involuntary basis is permissible. The remainder of the Article, however, will discuss …
The Yearning For Zion Raid And Its Impact On Texas Child Welfare Cases: How A Botched Rescue Effort Exposed A Need To Refocus Efforts On Effective Service Plans Comment., Shannon K. Dunn
St. Mary's Law Journal
The raid of the Yearning for Zion ranch exposed fundamental flaws in the operation of the Texas Department of Children and Family Services (the Department). In the raid, the Department took custody of 468 children without a court order and removed them from their homes. This is one of the most glaring examples of the Department’s disregard for the Texas Family Code. Subchapter B of section 263 of the Texas Family Code mandates for the creation and implementation of a comprehensive service plan whenever the Department removes a child from his home. The Department, however, failed to create service plans …
Loyalty In Limbo: The Peculiar Case Of Attorneys' Loyalty To Clients., Eli Wald
Loyalty In Limbo: The Peculiar Case Of Attorneys' Loyalty To Clients., Eli Wald
St. Mary's Law Journal
Attorney loyalty to clients is considered a cornerstone of the attorney-client relationship. Yet, loyalty is underexplored, misunderstood, and the subject of heated discord. Advocates of client-centered loyalty and their opponents both fail to provide a compelling accounting of loyalty to clients and its consequences. Leaving loyalty in limbo is an unacceptable state of affairs. The legal profession bears the continuous burden of accounting for its own practices. Because the Bar cannot assert broad client-centered loyalty as self-explanatory, the burden of disproving loyalty shifts to the critics. Critics of broad loyalty to clients are not helping advance the discourse by advocating …
Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard
Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard
St. Mary's Law Journal
The Texas Supreme Court has failed to provide a bright-line test in determining whether reliance disclaimers are enforceable. A reliance disclaimer is a provision in a contract that disclaims all extra-contractual representations and provides that the contracting parties are not relying on any such representations. By including a reliance disclaimer, a contracting party may be attempting to immunize itself from liability for false statements made during negotiations. Even if a contracting party’s misrepresentations or non-disclosures were made with fraudulent intent, Texas law gives contracting parties broad freedom to contract around misrepresentation claims. In Forest Oil Corp. v. McAllen, the Texas …
Texas Law's Life Or Death Rule In Capital Sentencing: Scrutinizing Eight Amendment Violations And The Case Of Juan Guerrero, Jr., John Niland, Riddhi Dasgupta
Texas Law's Life Or Death Rule In Capital Sentencing: Scrutinizing Eight Amendment Violations And The Case Of Juan Guerrero, Jr., John Niland, Riddhi Dasgupta
St. Mary's Law Journal
The United States Supreme Court has never explained the Eighth Amendment’s impact in noncapital cases involving a mentally retarded or brain-injured defendant. The Court has not provided guidance to legislatures or lower courts concerning the acceptable balancing of aggravating and mitigating factors and the role that mitigating factors must play in the sentencing decision. A definitive gap exists between the protections afforded to a criminal defendant facing a life sentence as opposed to those confronted with the death penalty. The Court requires sentencing procedures to consider aggravating and mitigating factors, including mental retardation and brain damage, when imposing a death …