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A Guide To Resources On Careers In Foreign And International Law, Robert H. Hu Jan 2001

A Guide To Resources On Careers In Foreign And International Law, Robert H. Hu

Faculty Articles

Law librarians are often asked by law students and even practicing attorneys, “How do I begin a career in foreign and international law practice?” The student or attorney asking this question frequently is seeking recommendations for books, articles, or other information resources on the topic. The same situation arises in a law school’s career services office. For these reasons, a guide has been compiled to help law librarians and placement officials assist individuals who are interested in pursuing career opportunities in foreign and international law practice.

This guide is divided into four sections: Perspectives on International Law Practice, Membership ...


Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories, Laura H. Burney Jan 2001

Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories, Laura H. Burney

Faculty Articles

Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will ...


Building Democracies With Southern Command’S Legal Engagement Strategy, Jeffrey F. Addicott, Guy B. Roberts Jan 2001

Building Democracies With Southern Command’S Legal Engagement Strategy, Jeffrey F. Addicott, Guy B. Roberts

Faculty Articles

Fostering democracies and encouraging military establishments, which are subject to the rule of law, is vital to United States national security interests. In this regard, the American warfighting unified commands mirror the overall U.S. national security policy of peacetime engagement, not only by maintaining close contacts with friendly governments for the purpose of imparting democratic ideals and principles, but by focusing this commitment to support new democracies through detailed engagement plans.

U.S. Southern Command’s engagement plan for Latin America creates a “community of democratic, stable, and prosperous” nations. This plan also provides a blueprint for democracy-building in ...


Church-State Constitutional Issues: Making Sense Of The Establishment Clause And That Godless Court?: Supreme Court Decision On Church-State Relationships (Book Reviews), Michael Ariens Jan 2001

Church-State Constitutional Issues: Making Sense Of The Establishment Clause And That Godless Court?: Supreme Court Decision On Church-State Relationships (Book Reviews), Michael Ariens

Faculty Articles

No abstract provided.


Attention Deficit Hyperactivity Disorder (Adhd): A Childhood Diagnosis Or A Criminal Defense?, Bertha Nelda Garza Jan 2001

Attention Deficit Hyperactivity Disorder (Adhd): A Childhood Diagnosis Or A Criminal Defense?, Bertha Nelda Garza

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

Abstract Forthcoming


The Educational Legacy Of Racially Restrictive Covenants: Their Long Term Impact On Mexican Americans, Christopher Ramos Jan 2001

The Educational Legacy Of Racially Restrictive Covenants: Their Long Term Impact On Mexican Americans, Christopher Ramos

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

Abstract Forthcoming


Self-Determination And The American Indian: A Case Study, Milo Colton Jan 2001

Self-Determination And The American Indian: A Case Study, Milo Colton

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

The United States has repeatedly victimized indigenous populations by stripping away tribal sovereignty and self-determination. One such example is Indian tribal reservations historical absence of jurisdictional autonomy. Prior to 1953, Indian tribal reservations shared jurisdiction with the federal government, allowing some semblance of autonomy. However, passage of Congress’s Public Law 280 erased this form of self-determination. This law enabled states to assume all civil and criminal jurisdiction over Indian tribal reservations. More recently, however, reservations have slowly begun to regain jurisdictional autonomy through the process of retrocession: the act of returning something taken. The achievements of the Winnebago Tribe ...


Book Review, Harvey Gee Jan 2001

Book Review, Harvey Gee

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

Abstract Forthcoming


Texas, Step Up To The Plate And Compensate: Face To Face With Joyce Ann Brown, Wrongfully Convicted Never To Receive Compensation, Natasha L. Brooks Jan 2001

Texas, Step Up To The Plate And Compensate: Face To Face With Joyce Ann Brown, Wrongfully Convicted Never To Receive Compensation, Natasha L. Brooks

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

Abstract Forthcoming


All Children Can Learn: Providing Equal Education Opportunities For Migrant Students, Michelle R. Holleman Jan 2001

All Children Can Learn: Providing Equal Education Opportunities For Migrant Students, Michelle R. Holleman

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

The United States Supreme Court ruled that once a state undertakes to provide children with educational opportunities, such education services must be available to all children on equal terms. However, even though all states must offer a public education system, certain classes of children are not receiving equal educational opportunities. Migrant children are one of the most disadvantaged groups in today’s education system. Some of the unique challenges these children face include interrupted schooling, limited English proficiency, poverty, lack of health and nutrition, pressures from work and family responsibilities, and a lack of parental involvement in their education. These ...


Defining “Church” In American Law, Michael S. Ariens Jan 2001

Defining “Church” In American Law, Michael S. Ariens

Faculty Articles

Balancing the autonomy of religious organizations against regulatory laws remains both a difficult and hotly contested issue. It is helpful to survey labor, property, tax, and education laws to illustrate the tensions between religion and government in American law.

Labor law cases show the autonomy of religious organizations concerning governmental regulations through the National Labor Relations Act and Title VII. In regard to church property, the government has an interest in regulating how religious organizations buy and sell land, run day care centers and food kitchens, raise and borrow money, commit torts, and enter into contracts. Section 501(c)(3 ...


The Word And The Law, By Milner S. Ball (Book Review), Emily A. Hartigan Jan 2001

The Word And The Law, By Milner S. Ball (Book Review), Emily A. Hartigan

Faculty Articles

Milner Ball’s The Word and the Law has become a widely quoted work, and has already taken its place in the continuing tale of law and religion. The text presents itself in typical Ball fashion: richly and eloquently written, densely noted with weighty references, alive with stories and the voices of those with whom Ball has conversed.

A striking innovation in this book is Ball’s creation of a space in his text for the stories of those who are both his peers and not his peers, giving over the “pulpit” to women, edgy Jews, and Native Americans, all ...


Distinguishing The Concept Of Strict Liability For Ultra-Hazardous Activities From Strict Products Liability Under Section 402a Of The Restatement (Second) Of Torts: Two Parallel Lines Of Reasoning That Should Never Meet, Charles E. Cantú Jan 2001

Distinguishing The Concept Of Strict Liability For Ultra-Hazardous Activities From Strict Products Liability Under Section 402a Of The Restatement (Second) Of Torts: Two Parallel Lines Of Reasoning That Should Never Meet, Charles E. Cantú

Faculty Articles

Strict liability for ultra-hazardous activities is entirely different from strict products liability. Since strict liability has been applied to so-called dangerous or ultra-hazardous activities, the application has been limited to instances where the defendant has, for his own purpose, created an abnormal risk of harm to those surrounding him, and therefore should pay for any resulting injury. Section 520 of the Restatement (Second) of Torts explains how one weighs the risk of harm emanating from ultra-hazardous activities against the appropriateness to its surroundings. This is not, however, how one determines the applicability of strict liability in the area of defective ...


The Useful Life Defense: Embracing The Idea That All Products Eventually Grow Old And Die, Charles E. Cantú Jan 2001

The Useful Life Defense: Embracing The Idea That All Products Eventually Grow Old And Die, Charles E. Cantú

Faculty Articles

To date, no jurisdiction has adopted the useful life defense as part of its common law. Perhaps the time has come to reconsider this position and accept the logical consequences of such a defensive concept. At some point, natural deterioration, rather than a defect in design, manufacturing, or marketing, is the cause of a plaintiff’s injury. Combining the useful life defense with the reasonable expectation theory removes the burden of uniformly determining when a given product is legally dead. The reasonable expectations doctrine places the responsibility for determining the useful life of a product where it belongs—in the ...