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Judicial Federalism And The Appropriate Role Of The State Supreme Courts: A 20-Year (2000–2020) Study Of These Courts’ Interest Evaluations Of The Fruits And The Attenuation Doctrines, Dannye R. Holley Mr. Feb 2022

Judicial Federalism And The Appropriate Role Of The State Supreme Courts: A 20-Year (2000–2020) Study Of These Courts’ Interest Evaluations Of The Fruits And The Attenuation Doctrines, Dannye R. Holley Mr.

St. Mary's Law Journal

The current composition of the United States Supreme Court increases the probability that the Court will be more likely to side with the government with respect to identifying, evaluating, and reconciling the interest of the government versus those of the people when issues of “policing” reach the high court. This opens the door for state supreme court to independently assess individually and collectively these seemingly competing interests and potentially provide greater protections to the interest of the people.

This Article is a twenty-year study of dozens of state supreme court decisions made during the period of 2000–2020. The decisions focused …


'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills Jun 2019

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

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

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …


Ethical Cannabis Lawyering In California, Francis J. Mootz Iii Dec 2018

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …


Corporate Boardroom Diversity: Why Are We Still Talking About This?., Lawrence J. Trautman Jan 2015

Corporate Boardroom Diversity: Why Are We Still Talking About This?., Lawrence J. Trautman

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

What exactly is board diversity and why does it matter? How does diversity fit in an attempt to build the best board for any organization? What attributes and skills are required by law and what mix of experiences and talents provide the best corporate governance? Even though most companies say they are looking for diversity, why has there been such little progress? Are required director attributes, which are a must for all boards, consistent with future diversity gains and aligned with achieving high performance and optimal board composition? How might women and people of color best cultivate these skills necessary …


Navigating The Pitfalls Of Implicit Bias: A Cognitive Science Primer For Civil Litigators, Nicole E. Negowetti Jan 2014

Navigating The Pitfalls Of Implicit Bias: A Cognitive Science Primer For Civil Litigators, Nicole E. Negowetti

St. Mary's Journal on Legal Malpractice & Ethics

Cognitive science has revealed that past experiences and prior assumptions, even those of which we are not conscious, greatly influence how humans perceive the world. Emerging research has demonstrated that attorneys and judges, like everyone else, are the products of their gender, ethnicity, race, and socioeconomic status. As a consequence, legal decision-making is susceptible to the subtle influences of implicit bias. Effective and ethical client advocacy requires an attorney to understand how her own implicit biases will affect her interactions with clients. An attorney should also acknowledge that implicit biases may affect a judge’s interpretation of her client’s story and …


Mismatch: How Affirmative Action Hurts Students It’S Intended To Help, And Why Universities Won’T Admit It (Book Review), Michael S. Ariens Jan 2014

Mismatch: How Affirmative Action Hurts Students It’S Intended To Help, And Why Universities Won’T Admit It (Book Review), Michael S. Ariens

Faculty Articles

Mismatch is one of the most important books about law and public policy published recently. The authors, Richard H. Sander and Stuart Taylor, Jr., offer a provocative and deeply researched conclusion: empirical evidence strongly suggests that affirmative action in the admission of African-Americans and Hispanics to selective colleges and law schools is more harmful than helpful.

The problem of underrepresentation of African-Americans and Hispanics in the American legal profession is a continuing problem. But the work of Richard Sander strongly indicates that relying on the power of affirmative action has generated deleterious effects for those this “solution” was designed to …


The Underrespresentation Of Hispanic Women In The Science, Technology, Engineering, And Mathematics Fields: What Can Be Done To Curie The Problem., Elky Almaraz Jan 2013

The Underrespresentation Of Hispanic Women In The Science, Technology, Engineering, And Mathematics Fields: What Can Be Done To Curie The Problem., Elky Almaraz

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

Hispanic women comprise approximately eight percent of the United States’ population and represent the largest group of minority women. However, Hispanic women only make up approximately two percent of the science and engineering workforce. In contrast, Caucasian women form approximately one-third of the United States’ population and eighteen percent of the science, technology, engineering, or mathematics (STEM) workforce. Hispanic women begin a post-secondary education in STEM fields with a proportional interest to other gender or racial groups. However, they are far less likely to continue the coursework and ultimately earn a degree than their non-minority classmates. Schools and education officials …


On Race, Gender, And Radical Tort Reform: A Review Of Martha Chamallas & Jennifer B. Wriggins, The Measure Of Injury: Race, Gender, And Tort Law, Vincent R. Johnson Jan 2011

On Race, Gender, And Radical Tort Reform: A Review Of Martha Chamallas & Jennifer B. Wriggins, The Measure Of Injury: Race, Gender, And Tort Law, Vincent R. Johnson

Faculty Articles

The Measure of Injury is an intellectual tour de force of gender and race-based jurisprudence applied to critical issues in the law of torts. In this volume, Martha Chamallas and Jennifer B. Wriggins shed light on numerous issues related to law governing accidents and intentional injuries, while offering insights into the American tort system and the challenges it faces.

Chamallas and Wriggins draw upon the feminist theory, critical race theory, and general critical theory in analyzing tort doctrines and evaluating potential reforms. The authors explore how racial perceptions can distort even seemingly neutral inquiries, such as those related to factual …


Is Obama Black: The Pseudo-Legal Definition Of The Black Race: A Proposal For Regulatory Clarification Generated From A Historical Socio-Political Perspective., Gloria J. Liddell, Peason Liddell Jr. Dec 2010

Is Obama Black: The Pseudo-Legal Definition Of The Black Race: A Proposal For Regulatory Clarification Generated From A Historical Socio-Political Perspective., Gloria J. Liddell, Peason Liddell Jr.

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

Barack Obama’s successful run for President of the United States exposed many intriguing sociological and political issues in American society, not least of which was the question of race. Obama was the offspring of a mother of White European ancestry and a father of African ancestry. Obama is considered “Black,” though some would argue he could have been called “White” just as justifiably. The public discourse surrounding the election of President Obama highlights the need for clarification. In this Article, we explore the past to provide a foundational perspective. In proposing a somewhat unconventional definition, we seek to contain within …


Lessons From La Morenita Del Tepeyac, Ana M. Novoa Jan 2004

Lessons From La Morenita Del Tepeyac, Ana M. Novoa

Faculty Articles

The concept that the powerful and wealthy have the absolute obligation to offer political, financial, and social liberation to those at the margins of society should have special importance to those who are lawyers and professionals of color. People spend considerable time working through, working in, and centered in the dominant, or caucasian European culture. The legal system regularly fails to see, accept, realize, or believe when truth is presented at the margins. Nonetheless, it is at the margins that true legal and personal reform take place. Even in a friendly environment, where people are encouraged to step outside the …


The New Thought Police: Inside The Left’S Assault On Free Speech And Free Minds (Book Review), John W. Teeter Jr Jan 2002

The New Thought Police: Inside The Left’S Assault On Free Speech And Free Minds (Book Review), John W. Teeter Jr

Faculty Articles

Attacks on political correctness have grown both plentiful and rather tiresome. Such tomes occasionally score valid ideological points, but one grows weary of the bitter repetitiveness of it all. The New Thought Police might seem to offer a little novelty to the litany. Bruce is undeniably bright, impassioned, and edgy. Her book, however, is decidedly a mixed bag. The best parts center on her controversial role as a feminist spokeswoman during the O.J. Simpson murder trial. Bruce cogently emphasized that the case was a tragic paradigm of domestic violence rather than a racist conspiracy against a black cultural icon.

Bruce’s …


Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen Jan 1999

Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen

St. Mary's Law Journal

Jurisdictions covered by the Voting Rights Act (VRA or the Act) need to impose multimember districting and non-transferable election systems. The VRA was enacted in 1965 to enforce the promise of the Fifteenth Amendment to the United States Constitution: the right to vote shall not be abridged on the basis of race. The Act requires any change in election procedures to be approved in advance so that states are not able to continuously disenfranchise voters based on race by simply changing election procedures. Either the District Court for the District of Columbia or the Attorney General of the United States …


Disturbing The Peace, Emily A. Hartigan Jan 1998

Disturbing The Peace, Emily A. Hartigan

Faculty Articles


When concerns of race, gender, and orientation intersect with the Catholic faith and church, the interaction can prove painful and difficult. Experiences of feeling judged or condemned ricochet between camps, the members of each desperate to defend that which they feel is inherent to them, to their identities and self-understanding. But despite the damage that Catholicism can and has inflicted by its striction and history, it retains a mode of outreach to the disaffected—La Virgen, dark and female and still only just coming to be understood. She is controversial and always subject to attempts at political manipulation, but she is …


Peremptory Jury Strike In Texas After Batson And Edmondson., Alan B. Rich Jan 1992

Peremptory Jury Strike In Texas After Batson And Edmondson., Alan B. Rich

St. Mary's Law Journal

In Batson v. Kentucky, the United States Supreme Court overruled that portion of Swain v. Alabama, which had imposed a “crippling burden of proof” upon a person who wished to vindicate his right of equal protection under the Fourteenth Amendment in the face of a racially motivated peremptory challenge. Under Batson, a defendant can raise an inference of discrimination and prove it using only evidence adduced at his own trial. Two fundamental questions needing resolution prior to involving the Batson procedures are: (A) who has standing to bring a Batson challenge; and (B) who must be challenged before the Batson …


“Make The Ring In Your Mind” (Book Review), Emily A. Hartigan Jan 1991

“Make The Ring In Your Mind” (Book Review), Emily A. Hartigan

Faculty Articles

aking All the Difference, by Martha Minow, promised to render the multiple differences of race, gender, disability, and orientation, part of a whole discourse on difference. In this, the book is a success. Yet, the contradiction which Minow’s ideas play with her genre is bothersome. It is not that her way of writing is not valuable. Minow is remarkably lucid. But what she names at the outset—a relational approach, with a sensitivity to boundaries—she does not deliver. That conundrum, and why it seems to be—but is not—the unavoidable dilemma of the gifted female scholar in law today, is worth investigating.