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Articles 31 - 60 of 71
Full-Text Articles in Law
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez
A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Terrible Touhy: Navigating Judicial Review Of An Agency's Response To Third-Party Subpoenas, Zoe Niesel
Terrible Touhy: Navigating Judicial Review Of An Agency's Response To Third-Party Subpoenas, Zoe Niesel
Faculty Articles
The question of judicial review of a federal agency's response to a third-party subpoena is highly litigated and yet barely addressed in academic literature. For seventy years, this issue has been governed by the Supreme Court's holding in United States ex rel. Touhy v. Ragen, a case that spawned its own vocabulary, its own legal doctrine, and its own circuit split. The confusion has left four circuit courts entrenched, the remainder waffling, and the district courts largely on their own to sort out a workable standard.
This Article establishes that the circuit courts' approaches to judicial review of an agency's …
Pirates On The High Seas: An Institutional Response To Expanding U.S. Jurisdiction In Troubled Waters, Marshall B. Lloyd, Robert Summers
Pirates On The High Seas: An Institutional Response To Expanding U.S. Jurisdiction In Troubled Waters, Marshall B. Lloyd, Robert Summers
Faculty Articles
Collective efforts among governments and regional organizations is a vital part of the fight against piracy that represents a security threat to all nation states with respect to freedom to navigate the high seas. This paper provides a concise overview of piracy, contemporary maritime drug laws, and cases among the circuit courts to illustrate the procedural concerns that affect fundamental constitutional principles of jurisdiction. A possible solution to existing substantive and procedural due process issues is establishment of a regional judicial institution with broad powers to preside over criminal prosecutions that include maritime crimes. The suggestion may be a viable …
A Comparative Study Of Trademarks: Usmca (U.S.-Mexico-Canada Agreement) And Nafta (North American Free Trade Agreement), Roberto Rosas
A Comparative Study Of Trademarks: Usmca (U.S.-Mexico-Canada Agreement) And Nafta (North American Free Trade Agreement), Roberto Rosas
Faculty Articles
The definition of a trademark has expanded under the U.S. -Mexico-Canada Agreement ("USMCA "'), which provides more protection for rights holders. Currently, these three countries are bound by the North American Free Trade Agreement ("NAFTA"'), which has a narrow definition for trademarks. The North American Free Trade Agreement ("NAFTA"'), which came into effect on January 1, 1994, was a significant agreement between some of the largest, strongest, and well-developed economies in the world: United States and Canada. It also helped to invigorate Mexico's future economic development. NAFTA's broad purpose was to regulate the exchange of capital, goods, and services across …
The Lasting Impacts Of Mass Consumerism And The Disposable Culture: A Proposition For The Development Of Plastic Shopping Bag Bans In Texas Law, David Brewster
The Lasting Impacts Of Mass Consumerism And The Disposable Culture: A Proposition For The Development Of Plastic Shopping Bag Bans In Texas Law, David Brewster
St. Mary's Law Journal
This Article addresses the developing state of plastic bag bans in Texas municipal and state jurisprudence. The Article recites the history of plastic bag bans and their impacts on the environment, the issues pertinent to municipal powers as regulatory devices, and analyzes the most recent case regarding bag bans in Texas, which is the Texas Supreme Court’s opinion in City of Laredo v. Laredo Merchants Association. The Article makes suggestions about how to move forward in developing municipal plastic bag bans for the benefit of the environment, and addresses the immediate impacts of bag ban litigation and legislation in …
Victim V. Victim Restitution: The Commingling Fictions, Andrew Kull
Victim V. Victim Restitution: The Commingling Fictions, Andrew Kull
St. Mary's Law Journal
Abstract forthcoming.
The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith
The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith
St. Mary's Law Journal
Abstract forthcoming.
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee
St. Mary's Law Journal
Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would …
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
St. Mary's Law Journal
As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …
Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis
Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis
St. Mary's Law Journal
Careless or apathetic gunowners, whose lost or stolen firearms are used in the commission of a violent crime, should be held strictly liable. Current tort law leaves victims of gun violence and their families without a mode of redress against an irresponsible gun owner whose actions played a pivotal role in the victim’s ultimate injury. Without effective liability principles to regulate gun ownership, gunowners are provided de facto immunity regardless of whether the harm suffered by the victim is intertwined with the gunowners careless behavior. This comment examines the efficacy of existing tort liability principles as provided in the Restatement …
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse
St. Mary's Law Journal
The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …
The Importance Of Doctor Liability In Medical Malpractice Law: China Versus The United States, Vincent R. Johnson
The Importance Of Doctor Liability In Medical Malpractice Law: China Versus The United States, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Medical malpractice law in China does not work. Disappointed patients and their families, or the gangs they hire, frequently resort to physical violence, beating up doctors and disrupting hospital activities in order to extort settlements. This happens because Chinese law has failed to provide viable remedies to many victims of medical malpractice.
This dysfunctional situation (medical chaos or yinao) has persisted for more than two decades. Today, parents in China discourage their children from attending medical school because practicing medicine is too dangerous.
Reforming Chinese medical malpractice law will be difficult. Many factors contribute to the public’s lack of confidence …
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval
Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval
St. Mary's Journal on Legal Malpractice & Ethics
The prosecutor acts as a minister of justice with sweeping discretion to charge an individual with a crime, plea a case in a manner supported by the strength of the evidence, proceed to trial on a case, and even dismiss a case. He must balance the interest of the victim, the community, and the constitutional rights of the accused in every decision he makes.
This article will explore the role of the American prosecutor and discuss various ethical issues encountered on a daily basis. After a brief introduction, the author will succinctly discuss the history of the prosecutor and will …
Thomas L. Shaffer: A Remembrance, Noel Augustyn
Thomas L. Shaffer: A Remembrance, Noel Augustyn
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Tom and Nancy Shaffer
Confucius And The Chinese Legal Tradition, Chenglin Liu
Confucius And The Chinese Legal Tradition, Chenglin Liu
Faculty Articles
More than two thousand years ago, Confucius transformed and perfected an institution for governing Chinese people, which has been religiously replicated by subsequent dynasties. Within the Confucian institution, the King, at the pinnacle of the pyramid, held absolute authority; regional lords were loyal to the King; and commoners were submissive to the privileged. Confucius held that peace and order could only be achieved when people acted according to their hierarchical worth assigned by the ruler. This article offers an overview of the transformation of Confucianism. It then examines competing schools of thought-Legalism and Taoism-and explains why Confucianism triumphed to become …
There Oughta Be A Law: What Corporate Social Responsibility Can Trach Us About Consumer Contract Formation, Colin P. Marks
There Oughta Be A Law: What Corporate Social Responsibility Can Trach Us About Consumer Contract Formation, Colin P. Marks
Faculty Articles
The Restatement of Consumer Contracts has been a controversial project since its inception. Some have argued that the project is unnecessary as there is no separate law of consumer contracts. Others have argued that the project is more appropriate for a Principles of Law project than for a Restatement. Substantively, the project has also drawn criticism from both consumer and business advocates. Consumer advocates have argued that some of the sections, in particular section 2 which addresses standard terms, favor businesses and subject consumers to terms and conditions that they never truly assented to.9 Business advocates have argued, among other …
Public Rights After Oil States Energy, Adam J. Macleod
Public Rights After Oil States Energy, Adam J. Macleod
Faculty Articles
The concept of public rights plays an important role in the jurisprudence of the Supreme Court of the United States. But as the decision in Oil States last Term revealed, the Court has often used the term to refer to three different concepts with different jurisprudential implications. Using insights drawn from historical and analytical jurisprudence, this Article distinguishes the three concepts and examines how each of them is at work in patent law. A precise reading of Oil States also bears lessons for other areas of law that implicate both private rights and duties and the administration of public regulatory …
Securing Technological Privacy: Modernizing The Texas Disciplinary Rules Of Professional Conduct To Protect Electronic Data, Ashley "Nikki" Vega
Securing Technological Privacy: Modernizing The Texas Disciplinary Rules Of Professional Conduct To Protect Electronic Data, Ashley "Nikki" Vega
St. Mary's Journal on Legal Malpractice & Ethics
This comment explains how and why the Texas Disciplinary Rules of Professional Conduct (the “Texas Disciplinary Rules”) should be updated to reflect the modernization of technology. Lawyers must keep abreast of changes in the law and its practices; including those which are technological in nature. The American Bar Association (the “ABA”) recently amended the “technology provisions” of its Model Rules of Professional Conduct (the “Model Rules”); namely Rule 1.1 “Competence” and Rule 1.6 “Confidentiality of Information” in order to keep up with the benefits and risks associated with technology in the legal profession. Additionally, over half of all jurisdictions have …
The Voice Of The Gods Is Crippling: Law School For Helicoptered Millennials, Katerina P. Lewinbuk, Taci Villarreal, Elena Bolonina
The Voice Of The Gods Is Crippling: Law School For Helicoptered Millennials, Katerina P. Lewinbuk, Taci Villarreal, Elena Bolonina
St. Mary's Journal on Legal Malpractice & Ethics
As millennials dominate law school classrooms, many professors are recognizing the importance of altering the traditional methods of teaching law. Millennials act, think, and learn differently. Numerous factors are linked to why this new generation of law students is distinctively different than previous generations. This article examines these factors and how they influence millennials’ learning styles. Alternative methods of teaching millennial law students are also discussed and proposed, along with a specific example of a tailored professional responsibility textbook and course to the modern law student.
Ethical Limitations On Lawyer-To-Lawyer Online Consultations Regarding Pending Cases, Robert Derner
Ethical Limitations On Lawyer-To-Lawyer Online Consultations Regarding Pending Cases, Robert Derner
St. Mary's Journal on Legal Malpractice & Ethics
This comment explains how and when lawyer-to-lawyer consultations are permitted in the online world. In all lawyer-to-lawyer consultations, but especially with the online variety, a lawyer must avoid violating the principle of confidentiality when consulting other lawyers about client matters. While in-person lawyer-to-lawyer consultations have been commonplace in the legal profession for decades, the rise of listservs and social media networks has caused many lawyers to seek advice from colleagues on the Internet.
In considering online lawyer-to-lawyer consultations, there are two major issues. Firstly, a lawyer must determine whether the jurisdiction in which he or she practices permits online lawyer-to-lawyer …
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
The Army's G-Rap Fiasco: How The Lives And Careers Of Hundreds Of Innocent Soldiers Were Destroyed, Jeffrey F. Addicott
The Army's G-Rap Fiasco: How The Lives And Careers Of Hundreds Of Innocent Soldiers Were Destroyed, Jeffrey F. Addicott
Faculty Articles
The purpose of this article is three-fold. First, this article seeks to explore the legal and policy ramifications of the CID's multi-year criminal investigation, which targeted vast numbers of innocent Army National Guard and Army Reserve personnel for alleged criminality as contract employees in the G-RAP or AR-RAP.
Second, this article aims to highlight the CID's longstanding practice referred to as "titling"-of refusing to delete from their system of records those individuals that are subsequently cleared of any wrongdoing by their commands. This highly dubious administrative practice was particularly devastating to the hundreds of innocent and fully exonerated participants in …
Machine Learning And The New Civil Procedure, Zoe Niesel
Machine Learning And The New Civil Procedure, Zoe Niesel
Faculty Articles
There is an increasing emphasis in the legal academy, the media, and the popular consciousness on how artificial intelligence and machine learning will change the foundations of legal practice. In concert with these discussions, a critical question needs to be explored-As computer programming learns to adjust itself without explicit human involvement, does machine learning impact the procedural practice of law? Civil procedure, while sensitive to technology, has been slow to adapt to change. As such, this Article will explore the impact that machine learning will have on procedural jurisprudence in two significant areas-service of process and personal jurisdiction.
The Article …
2020-2021 School Year, St. Mary's University School Of Law
2020-2021 School Year, St. Mary's University School Of Law
The Witan
No abstract provided.