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Full-Text Articles in Immigration Law

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee Nov 2013

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.


Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd Nov 2013

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.


Do No Harm: The Dispute Over Access To Health Care Between Israel And The Palestinian Territories, Emma Glazer Oct 2013

Do No Harm: The Dispute Over Access To Health Care Between Israel And The Palestinian Territories, Emma Glazer

Cardozo Journal of International and Comparative Law

The note examines the legal dispute over access to healthcare between Israel and the Palestinian Territories under International Humanitarian Law (IHL). It argues that while IHL obligates Israel to provide medical services to Palestinians injured in conflict, it does not require unrestricted access for routine healthcare. The analysis highlights the need for Israel to balance its security interests with humanitarian obligations, ensuring access to healthcare while maintaining necessary restrictions. The note also suggests that as the Palestinian Territories pursue statehood, they should develop their own advanced healthcare facilities to reduce reliance on Israeli institutions.


The Affordable Care Act And International Recruitment And Migration Of Nursing Professionals, Helen D. Arnold Jul 2013

The Affordable Care Act And International Recruitment And Migration Of Nursing Professionals, Helen D. Arnold

Indiana Journal of Global Legal Studies

Through its various provisions, the Affordable Care Act will insure more than thirty million Americans by January 1, 2014. This dramatic increase in coverage will have significant effects on both the U.S. economy and its healthcare system. Nursing professionals make up a large portion of the U.S. healthcare system and with a dramatic nursing shortage already in place, employers increasingly look abroad to fill nursing vacancies. Due to the increasing effects of globalization, foreign nurses have become an integral part of the U.S. healthcare system. This note argues that the increased coverage created by the Affordable Care Act will increase …


Tylenol And An Ice Pack: An Inadequate Prescription For Hiv/Aids In Immigration Detention Centers, Carl Kenneth Lipscombe Jul 2013

Tylenol And An Ice Pack: An Inadequate Prescription For Hiv/Aids In Immigration Detention Centers, Carl Kenneth Lipscombe

Cardozo Public Law, Policy & Ethics Journal

The note examines the systemic challenges in providing adequate HIV treatment to immigration detainees in U.S. Immigration and Customs Enforcement (ICE) custody, highlighting the legal and practical barriers that prevent detainees from receiving consistent and effective medical care. It argues that the current framework, governed by non-binding standards and inconsistent enforcement, fails to ensure humane treatment under the Constitution, particularly the Eighth Amendment’s prohibition of cruel and unusual punishment. The analysis calls for structural reforms, including codifying detention standards into enforceable regulations and improving oversight mechanisms, to address the inadequate medical care for HIV-positive detainees.


Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles Mar 2013

Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Benefit Corporation: A Questionable Solution To A Non-Existent Problem., Justin Blount, Kwabena Offei-Danso Jan 2013

The Benefit Corporation: A Questionable Solution To A Non-Existent Problem., Justin Blount, Kwabena Offei-Danso

St. Mary's Law Journal

Throughout American history a continuous call for businesses to wield their power and influence in such a way as to not only create economic value for shareholders, but also to create value in an ethical manner that benefits society as a whole has existed. Currently, many businesses respond to this call by integrating social responsibility into their operations. A recent innovation on this front is the development of the “benefit corporation” by the non-profit organization “B Lab.” The benefit corporation is essentially a hybrid entity. It is designed to have characteristics of both non-profit and for-profit entities. The entity also …


To A Friend: The Honorable Will Garwood., Emilio M. Garza Jan 2013

To A Friend: The Honorable Will Garwood., Emilio M. Garza

St. Mary's Law Journal

William Lockhart Garwood died on July 14, 2011. In his thirty years on the court, Will would author numerous notable decisions, but his reputation would be solidified by two extraordinary cases: United States v. Lopez, in which, for the first time in recent judicial history, a court of appeals held that a congressional act was invalid as beyond the power of Congress under the Commerce Clause; and United States v. Emerson, in which, a court of appeals first articulated the Second Amendment protects individual Americans’ right to keep and bear arms. Neither case was without controversy. Not surprisingly, the Supreme …


The Executive Right To Lease Mineral Real Property In Texas Before And After Lesley V. Veterans Land Board., Christopher S. Kulander Jan 2013

The Executive Right To Lease Mineral Real Property In Texas Before And After Lesley V. Veterans Land Board., Christopher S. Kulander

St. Mary's Law Journal

Abstract Forthcoming.


Deceiving Law Students: Employment Statistics And Tort Liability., Angie Roberts-Huckaby Jan 2013

Deceiving Law Students: Employment Statistics And Tort Liability., Angie Roberts-Huckaby

St. Mary's Law Journal

Abstract Forthcoming.


To A Professor: Douglas Haddock Retires., Charles Epps Ipock Jan 2013

To A Professor: Douglas Haddock Retires., Charles Epps Ipock

St. Mary's Law Journal

Abstract Forthcoming.


New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday Jan 2013

New Oil And Old Laws: Problems In Allocation Of Production To Owners Of Non-Participating Royalty Interests In The Era Of Horizontal Drilling., Benjamin Holliday

St. Mary's Law Journal

Oil and gas exploration and production is not only a big business, it is also an expensive one. As with any business, when faced with competing alternatives, operators generally prefer to pursue exploration in areas with more stable and predictable legal environments. Efforts have previously been made to make Texas such an environment, but as technology advances, legal rules often become unclear in their application. The explosion in horizontal drilling activity is challenging the courts and the Texas Railroad Commission to apply and adapt traditional legal and regulatory concepts to horizontal wells. The growing dominance of horizontal well development is …


Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze Jan 2013

Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze

St. Mary's Law Journal

The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …


Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers Jan 2013

Texas Legislative Implications For Minors Accused Of Sexting., Mallory N. Myers

St. Mary's Law Journal

State legislation criminalizing sexting—the possession or electronic transmission of visual material capturing a minor engaged in sexual conduct—should not punish minors similarly to adults. The Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act) in conjunction with the Sex Offender Registration & Notification Act (SORNA), require that any individual, including a minor, convicted of child pornography register as a sex offender. As a result, states with legislation that categorize sexting as child pornography, will require a minor with a sexting conviction to register as a sex offender. This disportionate punishment on the minor will make it difficult for …


Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp Jan 2013

Water Can Be For Drinking Again: Economic And Collaborative Solutions To A Texas Water Fight., Aaron Culp

St. Mary's Law Journal

Abstract Forthcoming.


The Co-Author Prenup., David A. Schlueter Jan 2013

The Co-Author Prenup., David A. Schlueter

St. Mary's Law Journal

Producing a book or article with co-authors is not an easy task. There are six potential issues one might consider before deciding to co-author a book or article. First, do you really want to be a co-author? Second, how many co-authors are going to be involved in the project? Having more than one co-author can make the departure of a co-author less of an issue, but each co-author needs to have a clearly defined role. Third, what role will each member of the team perform and what are those roles? Fourth, what should the co-author “marriage” look like? Multiple scenarios …


Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts., George Lee Flint Jr. Jan 2013

Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts., George Lee Flint Jr.

St. Mary's Law Journal

The historical explanation for the adoption of the conditional sales acts is woefully lacking. How and why the first conditional sales acts arose are investigated. Grant Gilmore, when presenting his theory, confessed ignorance concerning the origins of the conditional sale transaction, first known as Holmes’ notes. The failure of traditional legal historians to explain the passage of the conditional sales acts encourages inquiry into their legislative history to find an explanation. Pre-Act American decisions provide clues regarding the ratification of the acts. The courts provided three explanations for their passage: to treat the conditional sale as a chattel mortgage, to …


The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen Jan 2013

The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen

St. Mary's Law Journal

Texas has undergone a succession of historic droughts, each one creating unique problems and controversies. The state is also one of the largest national producers of oil and gas with the Eagle Ford Shale fields contributing to the production boom. The technique used to extract the oil is called hydraulic fracturing, which requires large volumes of water to be injected at high pressures to “frac” and release gas from an underground formation. The amount of water required places even greater strain on the regional water supply. This Comment highlights legal issues raised by the high volumes of groundwater used for …


County Care: A Step Forward For Adequate Health Insurance For Undocumented Immigrants?, Alisha Howell Jan 2013

County Care: A Step Forward For Adequate Health Insurance For Undocumented Immigrants?, Alisha Howell

Public Interest Law Reporter

No abstract provided.


Getting Paid In Probate Court., Robert J. Augsburger Jan 2013

Getting Paid In Probate Court., Robert J. Augsburger

St. Mary's Law Journal

After reviewing the Texas Probate Code, the Texas Property Code, and current case law, this Essay compiles relevant information designed to assist attorneys in obtaining payment for services provided to their clients. An attorney ad litem is an officer of the court whose “fees are assessed as costs of suit” rather than requiring the ad litem to seek “fees only from his clients’ recovered shares.” Therefore, each attorney ad litem appointed under § 34A of the Texas Probate Code is entitled to reasonable compensation for services in the amount set by the court. The attorney’s fees “must be supported by …


Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell Jan 2013

Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell

St. Mary's Law Journal

Abstract Forthcoming.


Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar Jan 2013

Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar

St. Mary's Law Journal

Over the years, civilians and members of the military have falsely claimed honors “stealing” the valor, reputation and benefits bestowed upon actual medal recipients. Lawmakers have historically addressed this problem of stolen valor with criminal prosecution. In 2005, Congress passed the Stolen Valor Act, making it illegal for an individual to lie about receiving military awards. However, the constitutionality of the Stolen Valor Act of 2005 was challenged in United States v. Alvarez. The Supreme Court of the United States found that the act violated the First Amendment because it was a content-based restriction on speech regarding military service. Therefore, …


The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott Jan 2013

The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott

St. Mary's Law Journal

A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …


Hunger And U.S. Governmental Policies, Evangelical Advocacy: A Response To Global Poverty Jan 2012

Hunger And U.S. Governmental Policies, Evangelical Advocacy: A Response To Global Poverty

Bibliographies

No abstract provided.


Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman Jan 2012

Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman

St. Mary's Law Journal

This Article addresses the copyright concerns in appropriation art today and concludes that copyright law should be amended to address the complex issues found in this area of the law. Part II provides a background on appropriation art and the different facets of copyright law, including the doctrine of fair use. Part III analyzes whether appropriation art can even be considered “fair use” under the current exceptions of copyright infringement. Part IV discusses various legal tests to determine whether appropriation art that utilizes copyrighted material can exercise the doctrine of fair use against alleged copyright infringement. It also proposes a …


Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis Jan 2012

Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis

St. Mary's Law Journal

The Texas Legislature should update its legislation pertaining to posthumously conceived children. More than 20,000 children are born from artificial insemination each year, some of whom are conceived following their father’s death. Whether or not these children are entitled to a share in their father’s estate is a question for each state legislature. Many states have adopted a version of the Uniform Parentage Act (UPA). The UPA states that once paternity of a posthumously conceived child is established, the child is entitled to inherit from the deceased’s estate. Texas has adopted the UPA in part and has added stringent requirements …


Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint Jan 2012

Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint

St. Mary's Law Journal

An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.


In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash Jan 2012

In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash

St. Mary's Law Journal

Abstract Forthcoming.


Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts Jan 2012

Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts

St. Mary's Law Journal

The Texas Responsible Third Party (RTP) statute was amended in 2003 to give defendants the opportunity to have the jury apportion responsibility for the plaintiff’s damages to persons who were not joined in the lawsuit. A defendant could achieve this result by designating a “responsible third party.” Plaintiffs may often join responsible third parties as additional defendants. Under such situations, all culpable parties are before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility. When the statute worked in this fashion it achieved “a carefully constructed scheme balancing the interests of both defendants and claimants.” …


Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul Jan 2012

Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul

St. Mary's Law Journal

Abstract Forthcoming.