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Articles 391 - 420 of 895
Full-Text Articles in Immigration Law
Reining In Property Owners' Associations' Power: Texas's Need For A Comprehensive Plan., Karen Ellert Pena
Reining In Property Owners' Associations' Power: Texas's Need For A Comprehensive Plan., Karen Ellert Pena
St. Mary's Law Journal
Abstract Forthcoming.
The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez
The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez
St. Mary's Law Journal
El Cenizo's Spanish language ordinance is likely to survive a constitutional challenge. The City Council of El Cenizo’s Spanish language ordinance, however, has generated a significant amount of controversy in the United States. The ordinance stipulates that all city council meetings will be made in the city’s predominant language—Spanish. Critics argue that the ordinance has made Spanish the official language. Critics also argue that the ordinance is discriminatory toward English speakers. English only advocacy groups, such as English First and U.S. English, argue that the ordinance will create a trend across the United States of immigrants refusing to embrace an …
Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin
Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin
St. Mary's Law Journal
Texas landowners face a heavy burden in bringing claims for damages arising out of inherently undiscoverable damages to mineral estates because the statute of limitations starts at the time of injury rather than the time of discovery. Previously, courts adopted the discovery rule as an exception to the statute of limitations, effectively stalling the starting point of the statute of limitations. A two-pronged threshold inquiry is held before the application of the discovery rule. First, the court must determine if the injury is inherently undiscoverable or not detected despite the use of due diligence. Secondly, there must be objectively verifiable …
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
St. Mary's Law Journal
Abstract Forthcoming.
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger
St. Mary's Law Journal
The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley
St. Mary's Law Journal
Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …
The Dynamics Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: The Splitting-Up Of American Families, Emma O. Guzman
The Dynamics Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: The Splitting-Up Of American Families, Emma O. Guzman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin
Sentenced To Purgatory: The Indefinite Detention Of Mariel Cubans, Yvette M. Mastin
The Scholar: St. Mary's Law Review on Race and Social Justice
Indefinite detention of Cuban immigrants is unconstitutional. Immigrants detained in American jails are being treated the same as individuals serving criminal sentences or awaiting disposition of their cases. Congress should, therefore, create a mandatory and uniform system of procedural due process. The system should be modeled after the procedural due process system established by the Kansas Legislature in the Kansas Sexually Violent Predator Act of 1994. Although the U.S. Supreme Court has yet to rule on the indefinite detention of the Mariel Cubans, lower courts have held that the indefinite detention of Mariel Cubans does not violate the Constitution. Nonetheless, …
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon
St. Mary's Law Journal
Internet users need protection from unsolicited commercial emails (UCEs), and this protection should come from federal legislation. Despite seventeen states having passed some sort of legislation regulating UCEs, this is insufficient to protect Internet users from UCEs. State laws are not uniformed and UCEs frequently cross state lines. Internet advertisers prefer commercial emails because of the ability to market to millions of consumers at a low cost. Consumers, however, suffer delays to their Internet access because of the amount of data UCEs accumulate, and in some cases may have to pay additional fees if they exceed the data limits of …
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle
St. Mary's Law Journal
In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …
Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold
Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold
St. Mary's Law Journal
In the interest of uniformity, benefits for the loss of earning capacity should be subject to the same legal principle when determining marital property rights, regardless of the context in which those rights arise. However, courts throughout the United States have relied upon four different methods to determine title to loss of earning capacity benefits upon divorce. These approaches include the unitary approach, the analytic approach, the mechanistic approach, and the case-by-case approach. Because the determination of title to benefits varies tremendously, the need for certainty in this area of the law is necessary particularly in light of the Texas …
The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph
The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph
St. Mary's Law Journal
The most effective response to the U.S. Supreme Court’s construction of Article III standards will be to revise citizen suit statutes to reaffirm its important role in giving the injured citizen a voice against the administrative state. With the rise of the administrative state in the late 1930s and 40s, the Court developed a conservative doctrine of standing to protect New Deal legislation from court-based attacks. As individual constitutional rights expanded, standing rules were liberalized, allowing litigants to challenge the actions and decisions of administrative agencies more easily. Congress passed numerous environmental statutes containing “citizen suit” provisions in the 1960s …
America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson
America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson
St. Mary's Law Journal
Many Americans today expect that the law can, should, and will be used to ensure a level playing field in public life. Americans expect the law to eliminate, insofar as possible, any unfair advantage that might be gained through the use of special connections to those who exercise the power of government. There are numerous rules applicable to judges, lawyers, and public officials that each seek to promote equal treatment for all persons by limiting the ability of persons to use special connections and privileged relationships to gain an advantage in public affairs. There were two threads of development in …
Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri
Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri
St. Mary's Law Journal
Abstract Forthcoming.
From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller
From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller
St. Mary's Law Journal
Congress should focus on the receiver's end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minors’ access to the accumulating number of controversial texts in the library. The Internet’s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that …
Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen
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 …
Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders
Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders
St. Mary's Law Journal
The attorney-corporate client privilege should be regarded as encompassing only communications made to the corporation’s counsel by employees in the scope of their employment. The Supreme Court of Texas and the Texas Court of Criminal Appeals ordered the merger of the Civil and Criminal Rules of Evidence. The merger became effective on March 1, 1998 and is now known as the Texas Rules of Evidence. Although the civil and criminal rules often mirror each other, one monumental change is in the new version of Rule 503. This new version significantly alters the analysis used in a corporate context and determines …
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
St. Mary's Law Journal
As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …
The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda
The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda
St. Mary's Law Journal
Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …
A Mother Removed — A Child Left Behind: A Battered Immigrant's Need For A Modified Best Interest Standard, Julie Linares-Fierro
A Mother Removed — A Child Left Behind: A Battered Immigrant's Need For A Modified Best Interest Standard, Julie Linares-Fierro
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee
St. Mary's Law Journal
A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
St. Mary's Law Journal
Problems of bias-motivated violence plague our nation and threaten to erase the progress made during the civil rights era. Recent statistical surveys conducted by the Federal Bureau of Investigation (FBI) indicate the number of hate crimes has generally increased over the past few years. In 1996, over 11,000 individuals were victims of hate crimes—five percent more than reported the previous year. Hate crimes are not only injurious to the individual victim, but also fracture surrounding communities and create disharmony among citizens. As a result, some states implemented legislation in the 1980s to deter hate-motived crimes and a few states have …
Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh
Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh
St. Mary's Law Journal
When the State of Texas seeks the death penalty against a defendant, the trial court conducts a sentencing proceeding under Article 37.071 of the Texas Code of Criminal Procedure. This proceeding determines whether the defendant will receive the death penalty. During deliberation, the jury must consider all mitigating evidence. The defendant may claim his voluntary intoxication as a mitigating factor. Under Tex. Pen. Code § 8.04(b), the court instructs the jury to consider evidence of voluntary intoxication only if it rendered the defendant temporarily insane. Although Article 37.071 calls upon juries to consider “all” mitigating evidence, a Section 8.04 instruction …
The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy
The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy
St. Mary's Law Journal
Attorneys tend to be viewed antithetically, at once both greedy and manipulative, but also respected and admired. Given this odd mixture of respect and disdain, attorneys are fortunate to have generally avoided being targets as potential defendants. Nevertheless, circumstances in Texas have changed, creating a new legal climate wherein attorneys may soon become defendants of choice. Attorneys in Texas are at a significantly greater risk of becoming the subject of a malpractice suit than they were in the past. Yet, simply because statistics indicate an increase in the number of malpractice claims, this does not mean more malpractice is being …
The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg
The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg
St. Mary's Law Journal
The Remote Electronically Activated Control Technology (REACT) belt infringes upon criminal defendants’ and prisoners’ fundamental rights; therefore, it cannot withstand judicial scrutiny under the United States and Texas Constitutions. This Comment attempts to address and answer issues regarding the REACT belt. The belt constitutes cruel and unusual punishment with the potential to deprive prisoners of their due process rights. The belt disrupts attorney-client communication and destroys a criminal defendant’s presumption of innocence. Furthermore, other alternatives provide effective means to prevent unruly prisoners from destroying the integrity of the courts. Part II of this Comment discusses how the belt works, and …
Standards Of Review In Texas., W. Wendell Hall
Standards Of Review In Texas., W. Wendell Hall
St. Mary's Law Journal
This Article presents a substantial and comprehensive update of the standards of review applied by Texas appellate courts. It focuses on appellate standards for reviewing trial court rulings on pretrial, trial, and posttrial proceedings. Standards of review distribute power within the judicial branch by defining the relationship between trial and appellate courts. These standards “frame the issues, define the depth of review, assign power among judicial actors, and declare the proper materials to review.” Sometimes a trial court’s errors are so egregious and harmful that reversing the trial court is relatively simple. When the trial court’s error is only marginal …
Texas Rule Of Civil Procedure 166a(I): A New Weapon For Texas Defendants Comment., Robert W. Clore
Texas Rule Of Civil Procedure 166a(I): A New Weapon For Texas Defendants Comment., Robert W. Clore
St. Mary's Law Journal
This Comment analyzes the Texas Rule of Civil Procedure 166a(i) for a “no evidence” motion and discusses its likely application in Texas courts. Part II reviews summary judgment practice in federal and Texas state courts in order to determine the likely construction of the new rule. Part III discusses Rule 166a(i) and explores the role of litigation reform in shaping the no-evidence motion. This part also addresses the procedural shortcomings of the new rule and compares Rule 166a(i) with federal summary judgment practice. Part IV assesses whether Rule 166a(i) violates the Texas Constitution by denying citizens the right to a …
Feminism And Defending Men On Death Row Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Phyllis L. Crocker
Feminism And Defending Men On Death Row Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Phyllis L. Crocker
St. Mary's Law Journal
In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence individuals to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent when …
The Constitutional Regulation Of Capital Punishment Since Furman V. Georgia Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Carol S. Steiker, Jordan M. Steiker
The Constitutional Regulation Of Capital Punishment Since Furman V. Georgia Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Carol S. Steiker, Jordan M. Steiker
St. Mary's Law Journal
Abstract Forthcoming.
A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson
A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson
St. Mary's Law Journal
Abstract Forthcoming.