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St. Mary's University

Journal

2017

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

Articles 1 - 21 of 21

Full-Text Articles in Law

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina May 2017

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

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

Abstract forthcoming.


Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman May 2017

Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman

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

Abstract forthcoming.


Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez May 2017

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

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

Abstract forthcoming.


The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma May 2017

The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma

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

Abstract forthcoming.


Education And Its Discontents: The Decriminalization Of Truancy And The School-To-Prison Pipeline In Texas., Steven E. Gilmore Jan 2017

Education And Its Discontents: The Decriminalization Of Truancy And The School-To-Prison Pipeline In Texas., Steven E. Gilmore

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

The Texas Legislature ended the longstanding criminalization of truancy violations in Texas schools. With the passage of House Bill (H.B.) 2398, the manner in which the courts, school districts, and the Texas Education Agency (TEA) are expected to handle truant students has been greatly altered. Nonetheless, it remains to be seen what material effect these new measures will have on Texas schools, students, and their families. In order to understand the extent to which the new laws and regulations may affect the lives of students and their parents, it is important to examine the material consequences of the school-to-prison pipeline …


The Police-Community Partnership: Civilian Oversight As An Evaluation Tool For Community Policing., Nathan Witkin Jan 2017

The Police-Community Partnership: Civilian Oversight As An Evaluation Tool For Community Policing., Nathan Witkin

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

Citizen review boards (CRBs) tend to act as unofficial criminal courts for police misconduct. Without the binding, legal powers of the court, these civilian oversight bodies are often ineffective and draw resistance from law enforcement. “Community policing,” or community-oriented policing (COP) is a law enforcement strategy that emphasizes the use of problem-solving skills through community engagement and partnerships, but performance through arrests/citation statistics only. Without a process to evaluate public relations skills, the COP strategy encourages officers to reduce distance between them and the community while retaining a crime-fighting focus—a dynamic that increases tension and violence between police and crime-prone …


Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson Jan 2017

Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson

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

Abstract forthcoming.


The Persistent Challenge Of Gender And Law: Views From One Law School's Student Body, Reynaldo Anaya Valencia Jan 2017

The Persistent Challenge Of Gender And Law: Views From One Law School's Student Body, Reynaldo Anaya Valencia

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

Abstract Forthcoming


What Is It About Saying We're Sorry? New Federal Legislation And The Forgotten Promises Of The Treaty Of Guadalupe Hidalgo, Jon Michael Haynes Jan 2017

What Is It About Saying We're Sorry? New Federal Legislation And The Forgotten Promises Of The Treaty Of Guadalupe Hidalgo, Jon Michael Haynes

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

Abstract Forthcoming


The Negative Impact Of Intellectual Property Patent Rights On Developing Countries: An Examination Of The Indian Pharmaceutical Industry, Nadia Natasha Seeratan Jan 2017

The Negative Impact Of Intellectual Property Patent Rights On Developing Countries: An Examination Of The Indian Pharmaceutical Industry, Nadia Natasha Seeratan

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

No abstract provided.


Low Bono Legal Counsel: Closing The Access To Justice Gap By Providing The Middle Class With Affordable Attorneys., Steven A. Krieger Jan 2017

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 …


The Repercussions Of Concussions In Youth Football Leagues: An Analysis Of Texas’S Concussion Law And Why Reform Is Necessary., Taylor Adams Jan 2017

The Repercussions Of Concussions In Youth Football Leagues: An Analysis Of Texas’S Concussion Law And Why Reform Is Necessary., Taylor Adams

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

Texas’s state concussion law, known as Natasha’s Law, does not reflect a comprehensive safety standard that affords protection to athletes of every age and at every level of play. Because uniform concussion standards fall outside the purview of the federal government, the responsibility is left to Texas to implement, amend, and regulate laws on youth athletic competitions.  Natasha’s Law implements an immediate removal policy from practice or a game when a student-athlete exhibits signs of a concussion. Nonetheless, Natasha’s law falls short because it limits coverage to only school sponsored practices, competitions and interscholastic activity, and negates coverage for recreational …


No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann Jan 2017

No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann

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

In the context of fulfilling civic duties as a citizen, accessibility to language assistance programs ensures every individual, including those with limited English proficiency (LEP), is afforded the opportunity to exercise their fundamental rights. Preservation of the integrity of the justice system must be provided in a comprehensive manner, not merely in one part of the legal proceedings or isolated to one part of the courthouse. LEP citizens should be integrated in public society, not disqualified from it. Statutes that create overly burdensome language proficiency standards create problems with the jury selection process. These standards limit and often deny LEP …


The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman Jan 2017

The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman

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

This Article criticizes the 2016 Texas Supreme Court school finance decision, the latest of seven decisions starting in 1989, for its disregard of both the record in the case and the realities of the Texas Constitution and Texas politics. The Article also focuses on how standards for reviewing legislation have changed and the Texas Supreme Court's irrational and unfounded retreat to the "money doesn't make a difference" theory of school finance. Finally, the Article recommends a return to an objective, comprehensible, enforceable and constitutional system of review, and concludes with a prayer for holdings that recognize the inequities of the …


Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska Jan 2017

Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska

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

Abstract forthcoming.


Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin Jan 2017

Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin

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

Abstract forthcoming.


¡Que Viva The Scholar!, Bill Piatt Jan 2017

¡Que Viva The Scholar!, Bill Piatt

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

Abstract forthcoming.


The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps Jan 2017

The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps

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

Abstract forthcoming.


Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas Jan 2017

Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas

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

Abstract forthcoming.


In Defense Of The Family: An Argument For Maintaining The Parental Rights Of Incarcerated Women In Texas, Erica D. Benites Jan 2017

In Defense Of The Family: An Argument For Maintaining The Parental Rights Of Incarcerated Women In Texas, Erica D. Benites

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

Abstract Forthcoming


The Homosexual Law And Policy In The Military: "Don't Ask, Don't Tell, Don't Pursue, Don't Harass" . . . Don't Be Absurd!, Debra A. Luker Jan 2017

The Homosexual Law And Policy In The Military: "Don't Ask, Don't Tell, Don't Pursue, Don't Harass" . . . Don't Be Absurd!, Debra A. Luker

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

The violent murder of Army Private First Class Barry Winchell, a suspected homosexual, is a gruesome example of how the military does not tolerate homosexuals. The military’s current homosexual policy – referred to as Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass – is ineffective. The policy creates an atmosphere of intolerance that leads to discrimination among homosexual service members, and this discrimination often has violent ends. This comment analyzes the ways other countries implement policies for their homosexual service members, and also offers proposals to improve the current homosexual policy in the United States. The author discusses how the …