Law Commons^™

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya

Publications

No abstract provided.

Foreword: Theorizing Contemporary Legal Thought, Justin Deystone, Duncan Kennedy

Publications

This is a co-authored foreword to a symposium in Law & Contemporary Problems titled "Theorizing Contemporary Legal Thought." It includes a discussion of the background of the project, a brief summary of the articles included in the issue, and a very short statement from Desautels-Stein and Kennedy on the "loss of faith" indicative of Contemporary Legal Thought.

Anti-Rape Culture, Aya Gruber

Publications

No abstract provided.

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

Publications

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in …

Mapping The Matrix: Defining The Balance Between Executive Action And Legislative Regulation In The Battlefield Of Cyberspace., Tyler K. Lowe

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

Abstract Forthcoming.

What Happened To The American Dream - An Analysis Of The Dodd-Frank Wall Street Reform And Consumer Protection Act And Its Effect On Home Ownership., Nathan Torok, Mark Torok

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

Abstract Forthcoming.

Governmental Power Versus Individual Liberty., Vincent R. Johnson

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

Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty. The public careers of Tom and Ramsey Clark were largely sequential, but …

The History Of The Rise Of The Alien Tort Statute And The Future Implications Of Kiobel V. Royal Dutch Shell., Sung Je Lee

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

The United States Supreme Court did not clearly define what facts invoke the Alien Tort Statute (ATS). The Court also failed to provide guidance as to what claims touch and concern the territory of the United States. Enacted by the Continental Congress in the late 18th century, ATS states that federal district courts shall have original jurisdiction of any civil action by an alien for a tort committed in violation of the law of nations or a treaty of the United States. Because ATS has remained dormant for nearly 200 years, various federal courts have experienced immense difficulty interpreting its …

The Crossover Court: An Integration Of Child Welfare And Juvenile Justice, And The Next Step In The Reformation Of The Juvenile System In Texas., Samantha Coleman

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

Abstract forthcoming.

Community Rights: Fighting The Walmart Invasion Of Small Town American With Legal Intelligence., Andre M. Larkins

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

Small communities, like Cibolo, Texas, can counter Walmart’s retail offensive by turning to the law. After achieving global retail superiority, Walmart now looks to dominate the retail market of small towns across America. An average of 1.5 new Walmart stores open every day. Annually, the retail giant earns gross revenue totaling $483 billion, rivaling the gross domestic product of many countries. Communities can defend against Walmart’s invasion of neighborhoods and their abundant resources by careful application of legal intelligence. Legal intelligence is the collection, processing, integration, analysis, and interpretation of relevant legal practice or history to produce usable information aimed …

Si Se Puede: An Overview Of State Initiatives Addressing The Urgent Need For Driver Licenses For Undocumented Immigrants And Why The Time For Change In Texas Is Now., Maria D. Castillo

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

Abstract forthcoming.

The New World Of Prosecutorial Discretion In Immigration Enforcement: Lessons From Criminal Justice., Aaron Haas

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

Abstract forthcoming.

Same-Sex Bi-National Couples: The Benefits And Pitfalls Of Judicial Evolution And The Validity Of Marriage., Joncarlo Serna

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

Abstract forthcoming.

Decreasing Disproportionality Through Kinship Care., Aimee Corbin

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

Expanding financial assistance to kinship placements can reduce disproportionality between racial minorities in Child Protective Services (CPS) custody. Statistics show that nationally, CPS removes a disproportionate number of minority children compared to non-minorities. CPS typically places a child in substitute care when that child is removed from their home, including kinship placement. Kinship placement is defined as the process by which children are placed in the care of relatives or close family friends. The government provides a significantly larger budget for foster care than for kinship placement. Kinship advocates, however, argue that foster placement—the placement in the care of a …

Ending Drunk Driving With A Flash Of Light, Andrew Sullivan

Law Student Publications

Among the methods used to combat drunk driving is mandating a person convicted of driving under the influence/driving while intoxicated install an ignition interlock device (“IID”) in his/her vehicle as a condition of restoring his/her driving privileges.This comment argues that the National Highway Traffic Safety Administration (“NHTSA”) has the authority to issue such a regulation; it need only be presented with a workable opportunity to do so. The present state of IID technology is a poor candidate to make this hypothetical regulation workable, but advances in Near Infrared (“near-IR”) Spectroscopy will provide the technology necessary to make a discussion of …

Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau

Law Student Publications

This article will provide a workable initial implementation policy that would maximize the benefits of increased police use of body cameras, while minimizing the negative impacts. Part I defines police body cameras and explores their current use in and impact on today's law enforcement world. Parts II and III encompass some of the perceived benefits and anticipated challenges of increased body camera use. Part IV considers and recommends exactly where the responsibility of camera implementation should lie.

The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery

St. Mary's Law Journal

Twenty-five years ago, Texas prosecutors significantly limited the pre-trial discovery it disclosed to criminal defendants. As a result of this policy, innocent individuals accused of murder, like Michael Morton, were denied their right to due process. Michael Morton was incarcerated for twenty-five years following a wrongful murder conviction. He was denied access to crucial evidence, which included a bandana with the victim’s blood and the killer’s hair, and eyewitness accounts describing the killer at or near the time of the murder. The prosecutor purposely withheld this evidence from Michael Morton; but thanks to the efforts of the Innocence Project, he …

Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews

St. Mary's Law Journal

In the United States, the use of personal drones has become more prevalent. Businesses now use drones to deliver products to consumers. Consumers now use drones to video and photograph special events. As a result, new laws are needed concerning personal usage of drones. The number of drone sales is predicted to double by 2024. This is reflected by companies such as Parrot, a vendor of private drones, who in the first quarter of 2014 sold 670,000 drones. Citizens whose personal liberties have been infringed upon by another individual’s use of personal drones, often resort to common law torts because …

Hamrick V. Ward: Clarifying Implied Easement Law., Courtney R. Potter

St. Mary's Law Journal

Abstract Forthcoming.

Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach

St. Mary's Law Journal

Abstract Forthcoming.

Halliburton And The Dog That Didn't Bark, Ann Lipton

Publications

In Halliburton Co. v. Erica P. John Fund, Inc., the Supreme Court held that defendants in a Section 10(b) class action may use the class-certification process to rebut the "fraud on the market" presumption that their misstatements impacted the price of the relevant security. In so doing, the Court struggled to explain why the class-certification process—rather than trial on the merits—was the proper venue for such disputes, and avoided the most obvious justification, namely, that in the absence of price impact, plaintiffs would still be able to bring individual claims. The Court's unwillingness to hold that plaintiffs may bring …

Las Madres De Plaza De Mayo, Then And Now: A Comparative Analysis Of Its Fractured Factions And Lasting Sybolism In Buenos Aires, Argentina, Sondra Anton

Undergraduate Research Symposium Posters

I conducted research on three different factions of the original Madres de Plaza de Mayo cause in Buenos Aires, Argentina: Asociación Madres de Plaza de Mayo, Madres de Plaza de Mayo Línea Fundadora, and Abuelas de Plaza de Mayo. Through interviews and archival research, I have completed a comparison of the three groups. I have concluded that although their original cause of demanding the whereabouts of their disappeared children united them, they are now deeply fragmented among one another due to their differing opinions of how to achieve justice in post-Dirty War Argentina. Furthermore, it is interesting to note the …

Real Estate Transactions: Cases And Materials On Land Transfer, Development And Finance, 6th Ed., Gerald Korngold

Books

This casebook covers all the major aspects of real estate transactions, running the gamut from residential transactions to sophisticated commercial development. Highlights of the new edition include:

Revamped mortgage materials to reflect the subprime and mortgage finance crisis, ensuing foreclosure issues, and new regulation; new cases and materials on the core elements of the real estate transaction, including contract conditions, remedies, and the deed; new cases and materials in other sections of the book, including, among others, recording, condominiums, commercial development, and bankruptcy; a new subsection on green buildings; and a revised structure for the book, including consolidation and streamlining …

Innovation And The Role Of Public-Private Collaboration In Contract Governance: Governing Global Finance: Towards Contractual Governance, Katharina Pistor

Faculty Scholarship

The global financial crisis demonstrated the vulnerability, if not failure, of existing governance structures for financial markets. Even if it is true that financial crises cannot be avoided, there may be room for improving existing structures. This chapter suggests that such an improvement might lie in switching from exclusive, hierarchical, and coercive forms of governance to inclusive, horizontal, cooperative ones—and uses the shorthand ‘contractual governance’ for the latter. Starting from the presumption that new forms of governance are frequently born in crisis, the chapter analyses several responses to the crisis and asks whether they display features of alternative forms of …

What Do Judges Do All Day, Burt Neuborne

Vanderbilt Law Review En Banc

No abstract provided.

Family Support And Supporting Families, Courtney G. Joslin

Vanderbilt Law Review En Banc

No abstract provided.

The Privacy Issues Presented By The Cybersecurity Information Sharing Act, John Heidenreich

North Dakota Law Review

No abstract provided.

Making The Case For Antiestablishmentarianism: The Church And State In Norway, Julia L. Ernst

Fordham International Law Journal

No abstract provided.

The Living-Dead, Rivka Weill

Fordham International Law Journal

No abstract provided.

Private Parties And The Free Movement Of Goods: Responsible, Irresponsible, Or A Lack Of Principles?, Laurence W. Gormley

Fordham International Law Journal

Whether the free movement of goods provisions in EU law apply to the acts of private parties has long been the subject of discussion in the literature, although for many years the discussion was rather inactive. However, because of developments in the case-law of the European Court of Justice on the other freedoms, the question of the extent to which actions of private parties are caught has become of particular interest. This Article addresses this debate and seeks to offer some guidance towards its resolution.