Law Commons^™

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

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

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

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

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …

In The Aftermath Of Shelby County: An Analysis On Why Texas Should Be Required To Pre-Clear All Voting Changes., Elizabeth Resendez

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

The history of the Voting Rights Act began with the passage of the Fifteenth Amendment. African-Americans have faced numerous roadblocks in exercising their right to vote. A few of these roadblocks include property tests, poll taxes, and gerrymandering of voting districts. The federal government attempted to combat these procedures by passing legislation. Initially, these laws tried to weaponize case-by-case litigation, but these laws were ineffective due to the far reach of voter discrimination and the sluggish pace of the litigation process. To better combat the issue, Congress attempted to use the Civil Rights Act of 1957 to deal with systemic …

Safety Over Semantics: The Case For Statutory Protection For Domestic Violence Asylum Applicants., Spencer Kyle

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

Women and children make up the vast majority of the world’s refugee population. However, in the United States, the majority of successful applicants are men. Asylum seekers who assert claims of domestic violence are largely unsuccessful. The current immigration laws do not take gender into account when determining societal factors for obtaining asylum. People often misinterpret most foreign domestic violence allegations as differences of religion or cultural practices. Many believe domestic violence against women is solely a private issue and not the product of a political or social system designed to make women inferior to men. This dichotomy allows people …

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 …

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 …