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Articles 1 - 23 of 23
Full-Text Articles in Law
Filling The Gap: A Call For Legislative Action And Community Mobilization To Implement Physical Education Requirements In Colleges And Universities., Lia M. Krautmanis
Filling The Gap: A Call For Legislative Action And Community Mobilization To Implement Physical Education Requirements In Colleges And Universities., Lia M. Krautmanis
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Right To Court-Appointed Counsel In Removal Proceedings: An End To Wrongful Detention And Deportation Of U.S. Citizens., Renata Robertson
The Right To Court-Appointed Counsel In Removal Proceedings: An End To Wrongful Detention And Deportation Of U.S. Citizens., Renata Robertson
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
On Behalf Of An Ungrateful Nation: Military Naturalization, Aggravated Felonies And The Good Moral Character Requirement., B. Ryan Byrd
On Behalf Of An Ungrateful Nation: Military Naturalization, Aggravated Felonies And The Good Moral Character Requirement., B. Ryan Byrd
The Scholar: St. Mary's Law Review on Race and Social Justice
In the United States military, it is an aggravated felony for naturalization purposes to fraudulently enlist in the military and alter identity documents. This denotation under these circumstances does not require violence, the use of a weapon, or a formal conviction in a court of law. Acts with this designation are statutory permanent bars to citizenship because their presence in an applicant’s record prevents a finding of good moral character, one of the requirements for naturalization. Alternatively, the presence of prior crimes in a legal permanent resident’s background are not serious enough to prevent enlistment in the military. Over 31,000 …
Oh Lord Won't You Buy Me A Mercedes Benz: A Comparison Of State Wrongful Conviction Compensation Statutes., Donna Mckneelen
Oh Lord Won't You Buy Me A Mercedes Benz: A Comparison Of State Wrongful Conviction Compensation Statutes., Donna Mckneelen
The Scholar: St. Mary's Law Review on Race and Social Justice
All states should pass compensation statutes that provide financial assistance to exonerees. Following wrongful incarceration, exonerees may suffer from post-traumatic stress and may need assistance readjusting to everyday life. Many exonerees may be be ineligible for social benefits and may lack a support system. The exoneree may be alienated because family and friends may still believe that the exoneree actually committed the crime. Furthermore, exonerees may struggle to obtain employment because they lack the current educational and job training skills required for most jobs. Additionally, exonerees may have pre-existing health problems that were exacerbated while incarcerated. An exoneree’s health problems …
When Law Moves Quicker Than Culture: Key Jurisprudential Regulations Shaping The Us Adult Content Production Industry., Chauntelle Anne Tibbals
When Law Moves Quicker Than Culture: Key Jurisprudential Regulations Shaping The Us Adult Content Production Industry., Chauntelle Anne Tibbals
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The New Voter Suppression: Why The Voting Rights Act Still Matters., Michael Ellement
The New Voter Suppression: Why The Voting Rights Act Still Matters., Michael Ellement
The Scholar: St. Mary's Law Review on Race and Social Justice
The Voting Rights Act of 1965 drastically transformed the ability of African Americans to exercise their right to vote in the South. The most influential policy under the Act was Section Five. This section instituted a new system of review for voting procedure changes in states with a history of racial discrimination. States subject to this section of the Voting Rights Act must get preclearance by submitting any changes to their voting laws to the United States Department of Justice or to the Federal District Court in the District of Columbia. Any law not cleared will not go into effect. …
A Bitter Policy Shoved Down Our Throats: How A Once Admirable And Necessary Agricultural Program Has Resulted In Major Profits For Big Business And Major Frustration For Others., David Ryan Quintanilla
A Bitter Policy Shoved Down Our Throats: How A Once Admirable And Necessary Agricultural Program Has Resulted In Major Profits For Big Business And Major Frustration For Others., David Ryan Quintanilla
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Determining The Reasonableness Of Non-Compliance: Examining The Trauma Exception For T-Visa Applicants., Benjamin Thomas Greer, Scott Davidson Dyle
Determining The Reasonableness Of Non-Compliance: Examining The Trauma Exception For T-Visa Applicants., Benjamin Thomas Greer, Scott Davidson Dyle
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Failure Of Prosecutorial Discretion And The Deportation Of Oscar Martinez., Bill Ong Hing
The Failure Of Prosecutorial Discretion And The Deportation Of Oscar Martinez., Bill Ong Hing
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Deferred Action For Childhood Arrivals (Daca): A Non-Legislative Means To An End That Misses The Bull's-Eye., Naomi Cobb
Deferred Action For Childhood Arrivals (Daca): A Non-Legislative Means To An End That Misses The Bull's-Eye., Naomi Cobb
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Compatibility Of Democracy And Islam Or The Lack Thereof: A Closer Look At Whether The Arab Spring Was Ever Capable Of Culminating Into A Viable Democracy In The Arab World., Alvaro Hasani
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Pregnant Pause: The Interplay Of Gendered Expectations And Pregnancy In Legal Education., Ilya A. Iussa
Pregnant Pause: The Interplay Of Gendered Expectations And Pregnancy In Legal Education., Ilya A. Iussa
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Gun Control Is Not Enough: The Need To Address Mental Illness To Prevent Incidences Of Mass Public Violence., Morgan Stanley
Gun Control Is Not Enough: The Need To Address Mental Illness To Prevent Incidences Of Mass Public Violence., Morgan Stanley
The Scholar: St. Mary's Law Review on Race and Social Justice
Throughout the year 2012, senseless violence and tragedy plagued the United States. Numerous mass shootings occurred, leaving innocent victims dead and leaving their survivors to grieve. No single law can prevent a mass shooting from occurring, but access to firearms is one of many potential reasons such tragedies happen. There are many reasons why a gunman is motivated to commit such heinous acts. Failure to take notice of warning signs, bullying, drug use, and serious mental illness are a few examples. One in seventeen Americans live with a serious diagnosable mental illness. Most mentally ill persons are the victims of …
Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960s And 1970s., Joseph A. Custer
Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960s And 1970s., Joseph A. Custer
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Through The Backdoor: Manipulating Assumption Of Risk And Contributory Negligence To Apply In Texas Nonsubscriber Causes Of Action., Lara Brock, Javier Espinoza
Through The Backdoor: Manipulating Assumption Of Risk And Contributory Negligence To Apply In Texas Nonsubscriber Causes Of Action., Lara Brock, Javier Espinoza
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas’s nonsubscriber law precedence and interpretation directly conflict with the plain language and legislative intent of Texas Labor Code § 406.033. The purpose of § 406.033 is to protect injured workers and to encourage employers to subscribe to the state’s workers’ compensation system. Texas, however, allows employers to opt-out. Employers who elect to opt out of the workers’ compensation system are called “nonsubscribers.” By making this decision, nonsubscribers save on the cost of paying premiums for worker’s compensation, but potentially expose themselves to total liability against injured employees who can prove his or her employer breached one of their defined …
Behind The Veil Of The War On Drugs: An Institutional Attack On The African American Community., Kristine Schanbacher
Behind The Veil Of The War On Drugs: An Institutional Attack On The African American Community., Kristine Schanbacher
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich
Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich
The Scholar: St. Mary's Law Review on Race and Social Justice
In Miller v. Alabama, the United States Supreme Court held that mandatory life sentences without parole imposed upon juveniles was unconstitutional. The Court reasoned that the sentence was cruel and unusual punishment in violation of the Eighth Amendment. The Court, however, did not hold it was unconstitutional to sentence a juvenile to life without parole if there was “transferred intent” or “reckless disregard.” Nonetheless, the Court effectively abolished state discretion and required sentencing courts to consider an offender’s youth and attendant characteristics as mitigating circumstances. The Court, however, did not specify what sentencing guidelines should dictate. Thus, states are now …
The Underrespresentation Of Hispanic Women In The Science, Technology, Engineering, And Mathematics Fields: What Can Be Done To Curie The Problem., Elky Almaraz
The Scholar: St. Mary's Law Review on Race and Social Justice
Hispanic women comprise approximately eight percent of the United States’ population and represent the largest group of minority women. However, Hispanic women only make up approximately two percent of the science and engineering workforce. In contrast, Caucasian women form approximately one-third of the United States’ population and eighteen percent of the science, technology, engineering, or mathematics (STEM) workforce. Hispanic women begin a post-secondary education in STEM fields with a proportional interest to other gender or racial groups. However, they are far less likely to continue the coursework and ultimately earn a degree than their non-minority classmates. Schools and education officials …
State Institutions Without Walls: Chronic Homelessness For People With Mental Illness Can Be Brought To An End., Theresa Clarke
State Institutions Without Walls: Chronic Homelessness For People With Mental Illness Can Be Brought To An End., Theresa Clarke
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Recognition And Enforcement Of Out-Of-State Adoption Decrees Under The Full Faith And Credit Clause: The Case Of Supplemental Birth Certificates., Karel Raba
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Border Wars & The New Texas Navy: International Treaties, Waterways, And State Sovereignty After Arizona V. United States., Bill Piatt, Rachel Ambler
Border Wars & The New Texas Navy: International Treaties, Waterways, And State Sovereignty After Arizona V. United States., Bill Piatt, Rachel Ambler
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
She Acts Guilty: Sexually Charged Consciousness Of Guilt Evidence Should Be Excluded Because It Is Biased Against Women., Colin Caffrey
She Acts Guilty: Sexually Charged Consciousness Of Guilt Evidence Should Be Excluded Because It Is Biased Against Women., Colin Caffrey
The Scholar: St. Mary's Law Review on Race and Social Justice
A lawyer may submit sexually charged evidence under a consciousness of guilt theory. Utilizing this type of evidence convicts women based on their character, not for their alleged crimes, in criminal cases across America. Consciousness of guilt evidence holds bias because it exploits common gender stereotypes in order to obtain criminal convictions. Sexually charged evidence does not directly show a defendant’s guilt, but simply allows the jury to infer guilt based on a defendant’s conduct. Violating gender norms or reacting to the occurrence of a tragedy differently than one might normally expect is not an admission of guilt. Sexually charged …
Hardline Ideology Stymies Real Results: Texas Lawmakers' Battle Over Family Planning Leaves Texas Women Unprotected., Mariel Puryear
Hardline Ideology Stymies Real Results: Texas Lawmakers' Battle Over Family Planning Leaves Texas Women Unprotected., Mariel Puryear
The Scholar: St. Mary's Law Review on Race and Social Justice
Family planning has opened economic and social doors for women. Contraception, specifically, allows women to choose when they have children, how far apart their children are born, or if they have children at all. This freedom empowers women to pursue higher education and careers which might not have been attainable otherwise. The increase in education effectively levels the playing field between genders, bringing more women into traditionally male-dominated professions. Family planning and contraceptive measures also dramatically impact low-income families. The role of family planning clinics is extremely important in a state like Texas, where many do not have insurance, and …