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Full-Text Articles in Law

The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland Oct 2003

The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland

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

Wealth and property are not equally distributed in America, and these inequities are exacerbated by the American school system. The current school system is community-centered, meaning children living in poorer districts do not have access to the same level of education as children living in wealthier districts. The comment discusses the impact that budgeting decisions have on community perceptions and expectations, as well as how community favoritism plays a role in the education financing equation. Finally, the author proposes eliminating what is essentially an “educational caste system,” and discusses how to change the attitudes of society and alter the ways …


Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata Oct 2003

Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata

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

Texas courts should not apply the best interest standard established in Holley v. Adams to all child custody disputes because it is not a one-size-fits all approach. In Holley, a parental rights termination case, the Texas Supreme Court listed factors to consider when evaluating the best interest of the child. These factors, however, do not adequately address all the issues in a child custody case. Additionally, specific factors including parent’s wishes, religion, race, or the parents' sexual preference are not considered Holley factors. Another significant problem with relying on Holley is that judges are not required to address each factor …


American & British Insurers And Courts As Aiders And Abettors Of Commercial Terrorism., Will Rice Oct 2003

American & British Insurers And Courts As Aiders And Abettors Of Commercial Terrorism., Will Rice

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

Abstract Forthcoming.


Dedication To Representative Irma Rangel: May 15, 1931 - March 18, 2003., Alma L. Lopez Mar 2003

Dedication To Representative Irma Rangel: May 15, 1931 - March 18, 2003., Alma L. Lopez

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

Abstract Forthcoming.


Property And The Role Of Land-Based Cultural Heritage - Global And National - Welcome And Introduction., Placido G. Gomez Mar 2003

Property And The Role Of Land-Based Cultural Heritage - Global And National - Welcome And Introduction., Placido G. Gomez

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

Abstract Forthcoming.


Lobato V. Taylor., Jeffrey A. Goldstein Mar 2003

Lobato V. Taylor., Jeffrey A. Goldstein

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

Abstract Forthcoming.


South Africa's Land Reform Programme., Andre J. Groenewald Mar 2003

South Africa's Land Reform Programme., Andre J. Groenewald

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

South Africa is committed to land reform.  Because land is what shapes our national identity, the land dispossession of black people by the hand of white colonizers shapes the importance of land reform in South Africa. After the Natives’ Land Act of 1913, rights to own, rent, or even sharecrop land in South Africa depended upon a person’s racial classification. This was furthered by the Native Trust and Land Act of 1936. In 1994, however, the new government passed a Land Restitution Act. The land reform policy, Reconstruction and Development Programme, aimed to redress the injustices of apartheid, foster national …


Beyond The Courts Of The Conqueror: Balancing Private And Cultural Property Rights Under Hawai'i Law., M. Casey Jarman, Robert R.M. Verchick Mar 2003

Beyond The Courts Of The Conqueror: Balancing Private And Cultural Property Rights Under Hawai'i Law., M. Casey Jarman, Robert R.M. Verchick

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

Abstract Forthcoming.


Litigating Property Under The Guadalupe Hidalgo Treaty: The Sangre De Cristo Land Grant Case., Peter L. Reich Mar 2003

Litigating Property Under The Guadalupe Hidalgo Treaty: The Sangre De Cristo Land Grant Case., Peter L. Reich

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

Abstract Forthcoming.


Trained Canines At The U.S.-Mexico Border Region: A Review Of Current Fifth Circuit Law And A Call For Change., Jorge G. Aristotelidis Mar 2003

Trained Canines At The U.S.-Mexico Border Region: A Review Of Current Fifth Circuit Law And A Call For Change., Jorge G. Aristotelidis

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

Abstract Forthcoming.


The Paper School House: The Business Of Texas Charter Schools And Their Effect On The Minority Student Population., Anna Lisa Garcia Mar 2003

The Paper School House: The Business Of Texas Charter Schools And Their Effect On The Minority Student Population., Anna Lisa Garcia

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

Abstract Forthcoming.


No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander Mar 2003

No Proof Of Force Needed: Changing Texas Policy Regarding Adolescent Victims Of Intrafamilial Aggravated Sexual Assault., Renee R. Hollander

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

In Texas, the State has to show sexual penetration occurred in order to convict a perpetrator of a first degree felony of aggravated sexual assault when the victim is under fourteen years of age. However, sexual assault victims between the ages of fourteen and sixteen years old must show that serious bodily injury occurred as a result of force in order to get a charge of aggravated sexual assault. As a result, the State can only charge perpetrators who sexually abuse family members between fourteen and sixteen years of age with sexual assault, which carries a lower penalty. This comment …


The Psychological Manipulation Of The Consumer-Patient Population Through Direct-To-Consumer Prescription Drug Advertising., Elizabeth C. Melby Mar 2003

The Psychological Manipulation Of The Consumer-Patient Population Through Direct-To-Consumer Prescription Drug Advertising., Elizabeth C. Melby

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

Drug direct-to-consumer advertisements manipulates the public through the manufacturer’s marketing practices. The goal of pharmaceutical companies is to create consumer demand for their products, and they achieve this goal by showing advertisements that portray their products as life-enhancing. This leads to an exponential increase in demand for and spending on these pharmaceutical drugs. This increased promotion of direct-to-consumer advertising affects the physician-patient relationship, while drug companies face little, if any, liability. Drug companies expend significant efforts to obtain patents to keep their products competitive on the market, and to prevent customers from switching to an inexpensive generic drug. The author …


Fire First And Ask Questions Later: What Is The Effect Of The Social Security Administration's Mismatch Letters., Paul R. Penny Iii Mar 2003

Fire First And Ask Questions Later: What Is The Effect Of The Social Security Administration's Mismatch Letters., Paul R. Penny Iii

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

Abstract Forthcoming.


By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris Jan 2003

By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris

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

Abstract forthcoming.