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St. Mary's Law Journal

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Full-Text Articles in Law

Bad Therapy: Conceptualizing The Teaching Of “Thinking Like A Lawyer” As Cognitive Behavioral Therapy, Chelsea Baldwin May 2024

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 May 2024

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 May 2024

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 May 2024

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 May 2024

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 May 2024

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 Apr 2024

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 Apr 2024

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 Apr 2024

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 Apr 2024

Defiance, Lackland H. Bloom Jr

St. Mary's Law Journal

No abstract provided.


The Politics And Consequences Of State Secession, Olawale Olumodimu Apr 2024

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. Apr 2024

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 Apr 2024

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 Apr 2024

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 Apr 2024

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 Apr 2024

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 Apr 2024

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 Apr 2024

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.


The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders Jan 2024

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 Jan 2024

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 Jan 2024

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 Jan 2024

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 Jan 2024

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 Jan 2024

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 Jan 2024

Pro Se Litigants In The U.S. Supreme Court: How Do They Fare?, Kyle Persaud

St. Mary's Law Journal

No abstract provided.


Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider Aug 2023

Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider

St. Mary's Law Journal

The thesis developed in this Article is that the Heller and Bruen cases involved primarily right-to-privacy concerns. By its terms, the Second Amendment involves the collective right to bear Arms in connection to regulated militia service and does not mention handguns. Handguns were not “ordinary military weapons” employed by a militia at the time of the American revolution under the originalist view. The Ninth and Fourteenth Amendments are more appropriate sources for an individual privacy right related to the possession of handguns for private purposes, such as for self-defense or suicide. However, a prohibition of handguns under this approach would …


The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende Aug 2023

The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende

St. Mary's Law Journal

No abstract provided.


Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins Aug 2023

Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins

St. Mary's Law Journal

No abstract provided.


On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy Aug 2023

On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy

St. Mary's Law Journal

No abstract provided.


The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier Aug 2023

The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier

St. Mary's Law Journal

No abstract provided.