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2012

St. Mary's University

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Full-Text Articles in Law

Center For Terrorism Law: Monthly Activity Report, 2012-12, St. Mary's University School Of Law Center For Terrorism Law Dec 2012

Center For Terrorism Law: Monthly Activity Report, 2012-12, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


On The Border Patrol And Its Use Of Illegal Roving Patrol Stops., David Anton Armendariz Dec 2012

On The Border Patrol And Its Use Of Illegal Roving Patrol Stops., David Anton Armendariz

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

Abstract Forthcoming.


The Supremacy Clause Preemption Rationale Reasonably Restrains An Individual State Pursuing Its Own Separate But Unequal Immigration Policy., L. Darnell Weeden Dec 2012

The Supremacy Clause Preemption Rationale Reasonably Restrains An Individual State Pursuing Its Own Separate But Unequal Immigration Policy., L. Darnell Weeden

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

Abstract Forthcoming.


The Client Who Lost Despite Winning And The Client Who Won Despite Losing: Reflections On Starting A New Immigration Clinic., Aaron S. Haas Dec 2012

The Client Who Lost Despite Winning And The Client Who Won Despite Losing: Reflections On Starting A New Immigration Clinic., Aaron S. Haas

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

Abstract Forthcoming.


Offense, Defense, Or Just A Big Fence - Why Border Security Is A Valid National Security Issue: St. Mary;S University School Of Law Center For Terrorism Law., William A. Fix Dec 2012

Offense, Defense, Or Just A Big Fence - Why Border Security Is A Valid National Security Issue: St. Mary;S University School Of Law Center For Terrorism Law., William A. Fix

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

A significant threat to United States national security stems from Mexican drug cartels. Mexican drug cartels are centered on the transit of illegal drugs into the United States. The flow of illegal drugs across the 1,933-mile U.S.-Mexico border now results in a host of crimes and violence that furthers the overall operation of the cartels. With the escalating violence from cartels, there is an increased possibility for spill over into the United States. Furthermore, because of the violence of drug cartels in Mexico, Mexican citizens have a greater incentive to move across the border. Mexicans are crossing illegally to escape …


Mexican Children Of U.S. Citizens: Viges Prin And Other Tales Of Challenges To Asserting Acquired U.S. Citizenship., Lee J. Teran Dec 2012

Mexican Children Of U.S. Citizens: Viges Prin And Other Tales Of Challenges To Asserting Acquired U.S. Citizenship., Lee J. Teran

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

Mexican children with a U.S. parent face both historic and current challenges in acquiring U.S. citizenship. Following changes in U.S. immigration law, the number of individuals removed from the United States has swelled dramatically. This campaign against non-citizens has led to the removal of United States citizens, particularly individuals who were born abroad but claim citizenship through a U.S. citizen parent. Citizens are caught in the middle of conflicting goals between government efforts to adjudicate claims to acquired U.S. citizenship and the focus on crime and national security interests. Even though many U.S. parents and their children born abroad are …


Economic Effects Of Immigration:A Voiding Past Mistakes And Preparing For The Future., Natalya Shatniy Dec 2012

Economic Effects Of Immigration:A Voiding Past Mistakes And Preparing For The Future., Natalya Shatniy

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

Abstract Forthcoming.


The Deportation Of Lawful Permanent Presidents For Old And Minor Crimes: Restoring Judicial Review, Ending Retroactivity, And Recognizing Deportation As Punishment., Adriane Meneses Dec 2012

The Deportation Of Lawful Permanent Presidents For Old And Minor Crimes: Restoring Judicial Review, Ending Retroactivity, And Recognizing Deportation As Punishment., Adriane Meneses

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

Abstract Forthcoming.


The U.S. Supreme Court's Disability In Statutory Construction: The Debate Over The Interpretation Of The Definition Of Disability Under The Americans With Disabilities Act (Ada) & The Ada Amendments Act Of 2008., Laura C. Hoffman Dec 2012

The U.S. Supreme Court's Disability In Statutory Construction: The Debate Over The Interpretation Of The Definition Of Disability Under The Americans With Disabilities Act (Ada) & The Ada Amendments Act Of 2008., Laura C. Hoffman

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

Abstract Forthcoming.


Religious Treatment Exemption Statutes: Betrayest Thou Me With A Statute., Shirley Darby Howell Dec 2012

Religious Treatment Exemption Statutes: Betrayest Thou Me With A Statute., Shirley Darby Howell

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

Abstract Forthcoming.


Service Animals In Training And The Law: An Imperfect System., Darcie Magnuson Dec 2012

Service Animals In Training And The Law: An Imperfect System., Darcie Magnuson

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

The Americans with Disabilities Act (ADA) does not provide protection for service animals in training anywhere in public places, including workplaces and government buildings. Individual state statutes may or may not grant service animals in training access to places of public accommodations, public buildings, or places of employment. Similarly, neither the Air Carrier Access Act (ACAA) nor the Fair Housing Act (FHA) Amendments afford rights and privileges in air transportation and housing, respectively, to service animals in training. Without service animals, individuals with disabilities would not be able to equally access society or fully participate in many activities. However, without …


When It Rains, It Pours: The Violence Against Women Act's Failure To Provide Shelter From The Storm Of Domestic Violence., Alyse Faye Haugen Dec 2012

When It Rains, It Pours: The Violence Against Women Act's Failure To Provide Shelter From The Storm Of Domestic Violence., Alyse Faye Haugen

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

The threat of abuse affects women of all socioeconomic levels, educations, and zip codes. For centuries, women were second-class citizens in the eyes of society and the government. Women could not access resources to prevent violence and subsequently were denied essential victim services. The passage of the Violence Against Women Act (VAWA) in 1994 expressed the government’s commitment to ending domestic violence, sexual assault, stalking, and other gender-based violent crimes. Although VAWA exists, violence against women continues to be pervasive, devastating women’s lives daily. Victims of domestic violence face several issues. These include protecting children from abuse, finding and securing …


Public Or Private University - New Legislation Caps Veterans' Educational Choices That Could Cost Less., Whitney Howe Dec 2012

Public Or Private University - New Legislation Caps Veterans' Educational Choices That Could Cost Less., Whitney Howe

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

Abstract Forthcoming.


Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence Dec 2012

Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence

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

The best interests of children are not served by severing the familial bonds contemplated by international adoption law. Nonetheless, because of the high costs of the international adoption process, efforts to adopt their Haitian orphan relatives are ignored. In attempts to guarantee the “best interests of the child” are met, the United Nations Convention on the Rights of the Child (CRC) and the Hague Convention on the Protection of Children Co-Operative Respect of Intercountry Adoptions (Adoption Convention) were created as the two governing bodies of international adoption law. Global South countries, including Haiti, however, have not ratified the Adoption Convention. …


The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery Dec 2012

The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery

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

Orcas are not afforded any relief under the Thirteenth Amendment. Animal rights advocates, namely People for the Ethical Treatment of Animals (PETA), alleged animals have the right to be free from slavery and involuntary servitude as guaranteed by the Thirteenth Amendment. Although the Thirteenth Amendment has been extended beyond African slavery, its protections have never been granted to anything other than human beings. The United States Supreme Court’s examination and interpretation of the Thirteenth Amendment concluded that animals are not afforded such protections under this amendment. The Court reasoned that the Thirteenth Amendment only applied to humans and not animals. …


Payday Peonage: Thirteenth Amendment Implications In Payday Lending., Zoe Elizabeth Lees Dec 2012

Payday Peonage: Thirteenth Amendment Implications In Payday Lending., Zoe Elizabeth Lees

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

Abstract Forthcoming.


Nurturing The Seeds Of Food Justice: Unearthing The Impact Of Institutionalized Racism On Access To Healthy Food In Urban African-American Communities., Kate Meals Dec 2012

Nurturing The Seeds Of Food Justice: Unearthing The Impact Of Institutionalized Racism On Access To Healthy Food In Urban African-American Communities., Kate Meals

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

Comprehensive change to our food systems must include a combination of community-based solutions and the elimination of racism from all structural levels. An anti-racist analysis of hunger is necessary to contextualize the power dynamics and structures responsible for food inequality. In recent decades, globalization and exponential population growth have pushed the boundaries of economic, social, and ecological sustainability, threatening global food security. Despite the fact that it is fundamental to human survival, adequate access to food is often viewed as a privilege, rather than a basic human right. These practices work to maintain a food system crisis that disproportionally impacts …


What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson Dec 2012

What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson

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

States should enact legislation affording same-sex partners the same rights and responsibilities to their children as opposite-sex partners. Although federal law mandates specific duties owed to the child, the language is silent about whether it applies to same-sex partners. Moreover, Congress passed the Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman. Some states—namely Texas—have passed their own version of DOMA. These states have subsequently denied same-sex partners the same rights granted to opposite-sex partners—such as conservatorship, visitation, and child support. Same-sex partners have used DOMA as a legal strategy to either avoid …


Center For Terrorism Law: Monthly Activity Report, 2012-11, St. Mary's University School Of Law Center For Terrorism Law Nov 2012

Center For Terrorism Law: Monthly Activity Report, 2012-11, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Class Of 2015 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law Oct 2012

Class Of 2015 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2015


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Oct 2012

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2012-09, St. Mary's University School Of Law Center For Terrorism Law Sep 2012

Center For Terrorism Law: Monthly Activity Report, 2012-09, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Jul 2012

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Apr 2012

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2012-03, St. Mary's University School Of Law Center For Terrorism Law Mar 2012

Center For Terrorism Law: Monthly Activity Report, 2012-03, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2012-02, St. Mary's University School Of Law Center For Terrorism Law Feb 2012

Center For Terrorism Law: Monthly Activity Report, 2012-02, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


Taking Limited Representation To The Limits: The Efficacy Of Using Unbundled Legal Services In Domestic-Relations Matters Involving Litigation., Michele N. Struffolino Jan 2012

Taking Limited Representation To The Limits: The Efficacy Of Using Unbundled Legal Services In Domestic-Relations Matters Involving Litigation., Michele N. Struffolino

St. Mary's Journal on Legal Malpractice & Ethics

The use of unbundled legal services is nothing new in this country, and it is often preferable to no representation at all. The Model Rules of Professional Conduct expressly permit attorneys to provide limited representation to their clients. Domestic-relations attorneys, in particular, have tried to ease the burden on litigants by offering unbundled legal services. However, the use of unbundled services in domestic[1]relations matters has caused difficulties for litigants, attorneys, and the courts. For these domestic-relations cases in particular, full service representation is crucial. To provide full satisfaction for their clients and to fulfill their ethical duty, domestic-relations attorneys must …


Terrorism Law Report, 2012 Winter, St. Mary's University School Of Law Center For Terrorism Law Jan 2012

Terrorism Law Report, 2012 Winter, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.


Center For Terrorism Law: Monthly Activity Report, 2012-01, St. Mary's University School Of Law Center For Terrorism Law Jan 2012

Center For Terrorism Law: Monthly Activity Report, 2012-01, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


A Theoretical Case For Standardized Vesting Documents, Chad J. Pomeroy Jan 2012

A Theoretical Case For Standardized Vesting Documents, Chad J. Pomeroy

Faculty Articles

Practitioners, real estate professionals, and lay people throughout the country rely on the recording system to provide critical information regarding ownership rights and claims. Indeed, the recording system acts as a virtually mandatory repository and disseminator of all potential parties’ claims. This system, in turn, relies on these claimants and their agents to publicize their claims: property purchasers, lenders, lien-claimants, title companies, attorneys - these parties interact, make deals, make claims, order their affairs, and then record. The information system available to us, then, is only as good as what we make of it and what we put into it. …