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Full-Text Articles in Law

Religion And Housing For The Homeless: Using The First Amendment And The Religious Land Use Act To Convert Religious Faith Into Safe, Affordable Housing., David L. Abney Sep 2005

Religion And Housing For The Homeless: Using The First Amendment And The Religious Land Use Act To Convert Religious Faith Into Safe, Affordable Housing., David L. Abney

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

Abstract Forthcoming.


Standing To Sue: Extending Third-Party Standing To Physician-Providers To Enforce The Medicaid Act., Alejandro R. Almanzan Sep 2005

Standing To Sue: Extending Third-Party Standing To Physician-Providers To Enforce The Medicaid Act., Alejandro R. Almanzan

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

Abstract Forthcoming.


Crossing The Line Of Color: Revisiting The Best Interests Standard In Transracial Adoptions., Tanvi Nagarsheth Sep 2005

Crossing The Line Of Color: Revisiting The Best Interests Standard In Transracial Adoptions., Tanvi Nagarsheth

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

Abstract Forthcoming.


Texas Needs More Drug Courts., Bryan S. Oathout Sep 2005

Texas Needs More Drug Courts., Bryan S. Oathout

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

Drug courts are the nation’s newest legal development in the war on drugs. These courts attempt to stop drug abuse through a treatment-based alternative court which focuses on an offender’s addiction and decluttering the courts. The main goal of drug courts is rehabilitation, not punishment. Drug courts help diminish the cost of putting drug-abusing offenders into our criminal justice system which causes prison and jail overcrowding. Fighting drug abuse also drains our economic resources. Since the implementation of drug courts in 1989, over seventy percent of drug-abusing offenders have either successfully completed the drug court program or are still participating …


Innocent Until Proven Guilty - Not If You're Teaching Me: A Texas Teacher's Right To Procedural Due Process., Daniel Austin Ortiz Sep 2005

Innocent Until Proven Guilty - Not If You're Teaching Me: A Texas Teacher's Right To Procedural Due Process., Daniel Austin Ortiz

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

Abstract Forthcoming.


The Ku Klux Klan Act And The Civil Rights Revolution: How Civil Rights Litigation Came To Regulate Police And Correctional Officer Misconduct., Alan W. Clarke Mar 2005

The Ku Klux Klan Act And The Civil Rights Revolution: How Civil Rights Litigation Came To Regulate Police And Correctional Officer Misconduct., Alan W. Clarke

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

Modern civil rights litigation stems from the Ku Klux Klan Act, otherwise known as the Civil Rights Act of 1871. Congress codified this Act in the United States Code under Section 1983 of Title 42. No other law is more central to present day police and correctional officer accountability. The Civil Rights statute effectuates broad constitutional protections set in place in the aftermath of the Civil War. Congress designed this Act to change over time and intertwine with a continuing history of expanding rights. Section 1983 provides a remedy to any person who experienced another person, acting under the color …


The Wrong Solution: An Examination Of Present Bush's Proposed Temporary Worker Program., Tory A. Cronin Mar 2005

The Wrong Solution: An Examination Of Present Bush's Proposed Temporary Worker Program., Tory A. Cronin

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

In 2004, President George Bush offered a new proposal to provide temporary work permits to undocumented immigrants. His proposal, however, falls short of his goals to create an immigration system which serves the American economy and reflects the American Dream. This temporary worker program would provide labor for positions which Americans are not filling currently. For some reason, Americans seem averse to holding certain jobs even though these jobs are readily available. President Bush’s proposal, which he asked Congress to draft, alleviates pressure on American employers who wish to fill low-demand jobs with foreign laborers. The proposal accomplishes this by …


Deep Freeze: Islamic Charities And The Financial War On Terror., Erich Ferrari Mar 2005

Deep Freeze: Islamic Charities And The Financial War On Terror., Erich Ferrari

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

A balance between anti-terror legislation and civil liberties must be struck. The United States’ “financial war on terror,” following the attacks on September 11, 2001, has had negative consequences for global philanthropy. Charities supplying aid to Muslims in the Middle East and Central Asia have been affected the most, thwarting the acceptance of aid where it is needed. Legislation like the International Emergency Economic Powers Act (IEEPA) has allowed the government to freeze the assets of certain Islamic charities that allegedly aid and abet terrorism. Under this Act, the President has the power to regulate international economic dealing. Subsequent amendments …


Strengthening Mortgage Lending Discrimination Safeguards: The Requisite Need For Modernizing The Community Reinvestment Act., Giselle R. Finne Mar 2005

Strengthening Mortgage Lending Discrimination Safeguards: The Requisite Need For Modernizing The Community Reinvestment Act., Giselle R. Finne

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

Abstract Forthcoming.


The Need For An Innocence Network In Texas., Matthew D. Sharp Mar 2005

The Need For An Innocence Network In Texas., Matthew D. Sharp

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

Texas must establish an innocence network to ensure crime lab accountability standards are enforced. The multitude of crime lab scandals around the United States demonstrate why the current system of accountability, self-policing, should be reimagined as one more similar to that of a manufacturer and a consumer. Like manufacturers, crime labs are in the best position to ensure the accuracy of any results. Reshaping the system of accountability in this way would ensure that those responsible for handling evidence, handle it with the utmost care and provide accurate results. Innocence Projects generally adhere to one of three different organizational paradigms. …