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Full-Text Articles in Law

The Politics Of The Bail System: What's The Price For Freedom., Lydia D. Johnson Jan 2015

The Politics Of The Bail System: What's The Price For Freedom., Lydia D. Johnson

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

The only factor determining the release of a defendant from custody before his trial date is money. The government should eliminate the current bail system and replace it with mandated pre-trial release unless the state can prove the defendant to be a flight risk or a danger to society. This bail system has an adverse economic impact on minorities and on poor communities. Some states have used their constitutions to implement pre-trial release. Texas has four constitutional provisions which would permit similar implementations. However, clashing political ideologies and institutional alliances continue to prevent the construction of a workable solution. Dismantling …


Consensual Police-Citizen Encounters: Human Factors Of A Reasonable Person And Individual Bias., Evan M. Mcguire Jan 2014

Consensual Police-Citizen Encounters: Human Factors Of A Reasonable Person And Individual Bias., Evan M. Mcguire

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

The Fourth Amendment protects against unreasonable government intrusion. The government must establish probable cause and obtain a warrant to search a particular location. However, there are minute Fourth Amendment distinctions at various levels of police-citizen interaction which act as exceptions to the general rule. Officers may approach a citizen for any reason as long as a reasonable person in their place would feel able to escape the officer’s advances. Ultimately, abuse of this exception to Fourth Amendment protections occurs frequently, especially when it comes to minority populations. The police can conduct a search without a warrant if there is reasonable …


Service Animals In Training And The Law: An Imperfect System., Darcie Magnuson Dec 2012

Service Animals In Training And The Law: An Imperfect System., Darcie Magnuson

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

The Americans with Disabilities Act (ADA) does not provide protection for service animals in training anywhere in public places, including workplaces and government buildings. Individual state statutes may or may not grant service animals in training access to places of public accommodations, public buildings, or places of employment. Similarly, neither the Air Carrier Access Act (ACAA) nor the Fair Housing Act (FHA) Amendments afford rights and privileges in air transportation and housing, respectively, to service animals in training. Without service animals, individuals with disabilities would not be able to equally access society or fully participate in many activities. However, without …


A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez Jan 2012

A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez

St. Mary's Law Journal

Citizens serving on a civil jury are entrusted with making factual decisions about disputes that impact legal rights and remedies of litigants and set standards for the behavior of the public. Unfortunately, civil jury trials take place less frequently in twenty-first century Texas than in prior eras. Part of the justice system’s rejuvenation should involve a re-evaluation and improvement of the current process for selecting civil juries. Currently, the primary flaw in Texas jury selection procedures is the one-size-fits-all approach. Because some cases need twelve impartial jurors who are lay persons, and others require twelve people who are knowledgeable of …


In Times Of Medical Crisis: Inadequacy Of Legal Remedies Available To Sexual Minorities., A. Nicole Kwapisz Dec 2011

In Times Of Medical Crisis: Inadequacy Of Legal Remedies Available To Sexual Minorities., A. Nicole Kwapisz

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

Society has become more tolerant and accepting of changes to the social order. Yet many people still feel the need to cover when in public. Covering is a practice of sexual minorities hiding who they really are for fear of judgment and stereotyping. The media portrayal of lesbian, gay, bisexual, and transgender (collectively LGBT) issues allows people to grow more comfortable and accepting of sexual minorities. In the climate of change and acceptance, many LGBT individuals choose to live their lives cover-free. However, refusing to downplay their stigmatized identities leads to routine denial of equal treatment. The rights of sexual …


A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson Dec 2007

A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson

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

While Brown v. Board of Education sought to integrate the public school system, fifty years later many public schools remain racially identifiable. African American and Latino students attend schools which are overwhelmingly comprised of minorities. Some racially isolated schools even experienced a rise in their minority student population after the decision in Brown. While the decision narrowed racial disparities in schools, such disparities remain distressing. Data shows a large disparity in the number of higher educational degrees earned by African American and White individuals. Additionally, wage earnings of African Americans are significantly smaller compared to White wage earnings. Educational outcomes …


Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson Mar 2006

Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson

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

It is illegal for Texas law enforcement agencies to racially profile people. However, Texas continues to deal with racial profiling among law enforcement officers. This article concerns the right to travel, unmolested by state action based upon race or ethnicity. Since passing the Fourteenth Amendment and its Equal Protection Clause, our legal system under-includes, and outright excludes, certain groups of people from its promise. Such racial disparities have lived in the United States Constitution since the authors drafted the three-fifths compromise at its inception. When considering the criminality of a group of people and the overpopulation in state prisons, many …


Why The Injection Of Race In Saldano V. State Constitutes Fundamental Error, Diana L. Hoermann Jan 2002

Why The Injection Of Race In Saldano V. State Constitutes Fundamental Error, Diana L. Hoermann

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

This article examines the historical use of a person’s race in the legal system, more specifically in criminal cases. Race should not determine the quality of justice an individual receives. An enlightened criminal justice system would not allow race to determine a person’s fate. However, the Texas criminal justice system allows the consideration of a person’s race in determining whether that person should receive the death penalty. In Victor Hugo Saldano v. The State of Texas, an unpublished opinion, the Texas Criminal Court of Appeals upheld the imposition of the death penalty where the jury heard an expert witness claim …


Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare Jan 1989

Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare

St. Mary's Law Journal

Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …