Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (19)
- Jurisprudence (15)
- Constitutional Law (7)
- State and Local Government Law (7)
- Administrative Law (5)
-
- Legal Ethics and Professional Responsibility (5)
- Legal History (5)
- Legal Profession (5)
- Education Law (4)
- Legal Education (4)
- Supreme Court of the United States (4)
- Civil Procedure (3)
- Civil Rights and Discrimination (3)
- Health Law and Policy (3)
- Law and Philosophy (3)
- Legislation (3)
- Military, War, and Peace (3)
- Agency (2)
- Banking and Finance Law (2)
- Courts (2)
- Criminal Law (2)
- Environmental Law (2)
- First Amendment (2)
- International Law (2)
- Law and Race (2)
- National Security Law (2)
- Religion Law (2)
- Social and Behavioral Sciences (2)
- Accounting Law (1)
- Keyword
-
- Model Rules of Professional Conduct (3)
- Legal Education (2)
- Zealous Representation (2)
- AI (1)
- Access to justice (1)
-
- Adam J. MacLeod (1)
- Administrative Law (1)
- Administrative Military Law (1)
- Alternative Prison Systems (1)
- American History (1)
- Artificial Insemination (1)
- Artificial Intelligence (1)
- Artificial Reproductive Technologies (1)
- BAPCPA (1)
- Bankruptcy (1)
- Bankruptcy Defender Program (1)
- Bar Research (1)
- Bristol Myers Squibb Co. (1)
- Brown v. Board of Education (1)
- CBDC Dollar (1)
- COVID-19 (1)
- Capitol Invasion (1)
- Carpenter v. United States (1)
- Children (1)
- Civic discourse (1)
- Civic engagement (1)
- Claimant Types (1)
- Client (1)
- Client Goals (1)
- Client Information (1)
- Publication
- Publication Type
Articles 1 - 30 of 36
Full-Text Articles in Law
Bad Therapy: Conceptualizing The Teaching Of “Thinking Like A Lawyer” As Cognitive Behavioral Therapy, Chelsea Baldwin
Bad Therapy: Conceptualizing The Teaching Of “Thinking Like A Lawyer” As Cognitive Behavioral Therapy, Chelsea Baldwin
St. Mary's Law Journal
Law students and lawyers experience mental illness and substance abuse at higher rates than the general population and other learned professions. This is bad for an individual’s wellbeing as well as their clients and society because mental illness and substance abuse increases stress which in turn decreases effective decision-making and judgment, and in worst case scenarios leads to attrition as individuals choose death by suicide which has cascading social and economic impacts. This Article identifies practices in legal education that likely combine in a causal mechanism, although not a sole cause, to the higher rates of mental illness and substance …
Rawls, Game Theory, And The Multiple Meanings Of Equality, David Crump
Rawls, Game Theory, And The Multiple Meanings Of Equality, David Crump
St. Mary's Law Journal
No abstract provided.
The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos
The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos
St. Mary's Law Journal
Various commentators, as well as the 2020 report on competition in digital markets by the majority staff of the House Judiciary Committee, have advocated for the revival of the essential facilities doctrine, especially in the context of the digital economy. This Article examines the three phases in the development of the essential facilities doctrine and the right to refuse to deal—the foundations in the early twentieth century, the contraction of the right to refuse to deal and the expansion of the essential facilities doctrine in the mid-twentieth century, and the revival of the right to refuse to deal and the …
To Essa And Beyond: Arc Of Education Policy Bends Toward Local Authorities & Holistic Approaches, Adam Tanielian
To Essa And Beyond: Arc Of Education Policy Bends Toward Local Authorities & Holistic Approaches, Adam Tanielian
St. Mary's Law Journal
This Article presents a mixed-methods, interdisciplinary study on educational policy and practice to offer solutions to fossilized problems extant across the United States’ elementary and secondary schools. Analysis of historic Supreme Court decisions and statutes unveil compelling trends that have shaped the legal landscape over the latter half of the twentieth century. Linguistic comparisons of two milestone revisions of the 1965 Elementary and Secondary Education Act—No Child Left Behind (NCLB) and Every Student Succeeds Act (ESSA)—show Congress granted more flexibility and authority to local districts and states under ESSA, which reflected trends in Supreme Court opinions over several decades.
A …
Era Of Confusion: The State Of Patent Eligibility Jurisprudence And The Need For Intervention, Alyssa Boggs
Era Of Confusion: The State Of Patent Eligibility Jurisprudence And The Need For Intervention, Alyssa Boggs
St. Mary's Law Journal
No abstract provided.
The Poor Man's Problem In Bankruptcy, Rylee Stanley
The Poor Man's Problem In Bankruptcy, Rylee Stanley
St. Mary's Law Journal
No abstract provided.
The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, Auggie Alvarado
The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, Auggie Alvarado
St. Mary's Law Journal
No abstract provided.
How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling, Cason Shipp
St. Mary's Law Journal
No abstract provided.
A Model Of Evidence-Based Practice For Law Schools To Improve System Outcomes, Chance Meyer
A Model Of Evidence-Based Practice For Law Schools To Improve System Outcomes, Chance Meyer
St. Mary's Law Journal
No abstract provided.
Defiance, Lackland H. Bloom Jr
The Politics And Consequences Of State Secession, Olawale Olumodimu
The Politics And Consequences Of State Secession, Olawale Olumodimu
St. Mary's Law Journal
This Article argues that the non-express prohibition of state secession in the Nigerian Constitution does not automatically allow component states to break away unilaterally. It appears the framers of the Constitution wanted to ensure political continuity and national unity rather than allow for Nigeria’s disintegration. Beyond Nigeria, international law only allows unilateral secession in the context of decolonization and the people’s right to self-determination.
Nigeria has a responsibility to provide self-determination to its citizens; however, secession is not a legal channel to seek self-determination in the absence of targeted, widespread, or systemic criminal acts committed by or on behalf of …
Foiled Foia: The Excessive Exemption, Edward L. Wilkinson Jr.
Foiled Foia: The Excessive Exemption, Edward L. Wilkinson Jr.
St. Mary's Law Journal
The Freedom of Information Act permits requestors access to government information unless an exemption applies. Exemption (b)(3)(B) permits the government to protect information if there is a specific reference to a FOIA exemption in the withholding statute. Congress created this new requirement in 2009 in order to remove decision making power from administrative agencies and courts and reserve the power to disclose or withhold information with the legislative branch. This exemption poses problems to courts when there is a clear intent to protect information in the withholding statute without a clear reference to Exemption (b)(3)(B). As a result, courts have …
Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni
Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni
St. Mary's Law Journal
The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this “whole-of-government approach” may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh …
Existing Challenges And Possible Pathways For Case Success In Climate Litigation With Human Rights Claims, Daniel Ziebarth
Existing Challenges And Possible Pathways For Case Success In Climate Litigation With Human Rights Claims, Daniel Ziebarth
St. Mary's Law Journal
No abstract provided.
Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts
Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts
St. Mary's Law Journal
No abstract provided.
The Americans With Disabilities Act: Website Accessibility And A Foreign Solution To A Domestic Problem, James Toye
The Americans With Disabilities Act: Website Accessibility And A Foreign Solution To A Domestic Problem, James Toye
St. Mary's Law Journal
No abstract provided.
The Next Thirty Years: Developments In Mandamus Jurisprudence In The Last Thirty Years And Why The General Rule That Mandamus Is Unavailable To Review The Denial Of Summary Judgment Is Inconsistent With Modern Mandamus Jurisprudence Under The In Re Prudential Balancing Test, Timothy Delabar
St. Mary's Law Journal
No abstract provided.
Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson
St. Mary's Law Journal
No abstract provided.
St. Mary's University School Of Law Papers, 1927- 2013, St. Mary's University
St. Mary's University School Of Law Papers, 1927- 2013, St. Mary's University
Finding Aids
No abstract provided.
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman
The Scholar: St. Mary's Law Review on Race and Social Justice
Transgender and nonbinary youth are under legislative and political siege as the latest victims in our nation’s culture wars. They are acutely aware of the hostility towards their existence and best interests, damaging their often already precarious well-being. There is a concerning risk they will associate biased and antagonistic lawmakers with our entire legal system, including legal service providers. Fear of encountering discrimination and bias leads targeted individuals to avoid accessing services. I fear that means too many among this generation transgender and nonbinary youth may avoid addressing their legal health needs as they age.
Consequently, the legal profession must …
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
The Scholar: St. Mary's Law Review on Race and Social Justice
We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
The Scholar: St. Mary's Law Review on Race and Social Justice
This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.
For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
St. Mary's Law Journal
No abstract provided.
Public Law 86-272 And The Texas Margin Tax, Marvin J. Williams
Public Law 86-272 And The Texas Margin Tax, Marvin J. Williams
St. Mary's Law Journal
No abstract provided.
Cracking Down On Egg Law: Legal Discrepancies Impacting Sales Of Ungraded Eggs In Texas, Parker Benton
Cracking Down On Egg Law: Legal Discrepancies Impacting Sales Of Ungraded Eggs In Texas, Parker Benton
St. Mary's Law Journal
No abstract provided.
The Right To Procreate By Nontraditional Methods, Elizabeth Kreager
The Right To Procreate By Nontraditional Methods, Elizabeth Kreager
St. Mary's Law Journal
No abstract provided.
Fording The Stream Of Commerce: What Relatedness Tells Us About Stream Of Commerce Cases, Eric Porterfield
Fording The Stream Of Commerce: What Relatedness Tells Us About Stream Of Commerce Cases, Eric Porterfield
St. Mary's Law Journal
The limit personal jurisdiction has on a court’s authority has long relied on a three-element test: (1) the defendant must have certain minimum contacts with the forum state, (2) the lawsuit must arise out of or be connected to the defendant’s contacts with the forum state, and (3) the exercise of jurisdiction must not offend “traditional notions of fair play and substantial justice.” The Supreme Court of the United States has spoken often about element one—”“minimum contacts.” Many cases detail the nature and quality of a defendant’s conduct that can create the requisite contacts with the forum state to justify …
Translating A Cbdc Dollar Into A Constitutional Dollar, Christopher P. Guzelian
Translating A Cbdc Dollar Into A Constitutional Dollar, Christopher P. Guzelian
St. Mary's Law Journal
The constitutional Dollar was a silver coin. Federal and state paper moneys were
unconstitutional, and gold and copper coins were not Dollars. Consequently, notable
constitutional originalists claim any Dollar not constructed from silver—including the
current widely circulating paper Federal Reserve note—is unconstitutional. But the Dollar
soon may undergo an unprecedented technological metamorphosis: in 2022, the White
House and the Federal Reserve Bank Board of Governors advocated the possible adoption
of a U.S. Central Bank Digital Currency (“CBDC” Dollars). Private commercial
electronic bank credits have been issued for some time, but a CBDC Dollar would be
America’s first electronic government currency. …
Pro Se Litigants In The U.S. Supreme Court: How Do They Fare?, Kyle Persaud
Pro Se Litigants In The U.S. Supreme Court: How Do They Fare?, Kyle Persaud
St. Mary's Law Journal
No abstract provided.
Cyber Security: A Lawyer’S Ethical Duty, Meagan Folmar
Cyber Security: A Lawyer’S Ethical Duty, Meagan Folmar
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.