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Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks
Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks
St. Mary's Law Journal
Legislative amendments must go further than limiting race from being a primary factor in adoptions; amendments must eliminate race as an acceptable factor. Diverging opinions of “race matching” in foster care and adoption exist. Administrative policies regulating adoption hold that same-race placement, between the adoptive parent and child, is a primary consideration when awarding custody in Texas. Basing child placement on the race or ethnicity of the parties involved raises serious constitutional concerns. The best interest standard is the predominant method in determining child placement, for both custody and adoption proceedings. The premise of the best interest standard is prioritization …
Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza
Criminal Trespass And The Exclusionary Rule In Texas., Paul R. Stone, Henry De La Garza
St. Mary's Law Journal
In State v. Hobbs, the Texas Fourth Court of Appeals held a warrantless intrusion by police onto private property to obtain evidence constitutes criminal trespass under Section 30.05 of the Texas Penal Code. The resulting evidence falls within the exclusionary rule and this article considers whether this protection, which goes beyond constitutional guarantees, is necessary or desirable. The first part of this paper reviews existing federal and state constitutional protections against unreasonable searches. Next, the paper analyzes the history and purpose of criminal trespass and the exclusionary rule in Texas. Finally, the paper considers a question the court of appeals …
Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall
Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall
St. Mary's Law Journal
Applying and defining the accurate standard of review determines how likely an appeal will be successful. While the proper standard of review may be easy to identify, applying the standard of review to a case is often problematic. The standards define the interactions between trial and appellate courts by distributing the power of review throughout the judicial branch. The standards of review also limit a court’s authority to determine an error by a trial court, and whether the error warrants reversal. The standard sets the requirements of substantive law and provides a means for appellate judges to weigh arguments. This …