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Articles 721 - 750 of 1186
Full-Text Articles in Law and Society
A Catholic Lawyer's View Of The Death Penalty Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Kevin M. Doyle
A Catholic Lawyer's View Of The Death Penalty Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Kevin M. Doyle
St. Mary's Law Journal
Abstract Forthcoming.
Will Religious Teachings And International Law End Capital Punishment Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert F. Drinan
Will Religious Teachings And International Law End Capital Punishment Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert F. Drinan
St. Mary's Law Journal
Abstract Forthcoming.
Litigating State Capital Cases While Preserving Federal Questions: Can It Be Done Successfully Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Daniel Givelber
St. Mary's Law Journal
Although originally federal courts were sources of new rights available to those accused of capital crimes, federal courts have become extremely difficult to access. One reason for this is the United States Supreme Court showing a marked lack of interest in developing new constitutional doctrine helpful to the accused. Another reason for the diminished role is that access to federal courts is so difficult. Frequently, access is difficult because the issues lawyers want federal courts to address have never been adequately presented in state courts. Yet, federal venues remain essential to capital punishment litigation. It is considerably easier to define …
Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian
Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian
St. Mary's Law Journal
The concept of “victims’ rights” refers to the movement from the 1950s which focuses on enhancing the role of the victim in the criminal process. The movement changed dramatically the manner in which capital cases are investigated and prosecuted. Prosecutors may work with the victims’ families on whether to accept a plea bargain or whether to seek the death penalty. The victims’ families may now also provide victim impact statements to let their own suffering influence the jury during the sentencing phase. The right of the victim’s family to have a say in the process does not end with the …
Demystifying The Extraordinary Writ: Substantive And Procedural Requirements For The Issuance Of Mandamus., Charles W. Rocky Rhodes
Demystifying The Extraordinary Writ: Substantive And Procedural Requirements For The Issuance Of Mandamus., Charles W. Rocky Rhodes
St. Mary's Law Journal
In Walker v. Packer, the Texas Supreme Court attempted to harmonize Texas jurisprudence regarding the standards for issuing a writ of mandamus. The Walker court initially reiterated the maxim that mandamus will issue “only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law.” The Court defined “clear abuse of discretion” as “a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.” The Court subsequently reaffirmed the “fundamental tenant” of mandamus practice stating the extraordinary writ is not …
Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Samuel J. Levine
St. Mary's Law Journal
In recent years, a growing body of scholarship has developed in the United States which applies concepts in Jewish law to unsettled, controversial and challenging areas of American legal thought. One area of Jewish legal thought that has found prominence in both American court opinions and American legal scholarship concerns the approach taken by Jewish law to capital punishment. In this Essay, Levine discusses the issue of the death penalty in Jewish law as it relates to the question of the death penalty in American law, a discussion that requires the rejection of simplistic conclusions and the confrontation of the …
Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert P. Mosteller
St. Mary's Law Journal
Supporters of victims’ rights can be broadly grouped into three categories according to their basic goals. One category seeks to guarantee participatory rights in a governmental process (“Participatory Rights”). A second category of support for the victims’ rights amendment comes from those who are animated by a pro-prosecution, anti-defendant perspective on criminal law and procedure (“Prosecutorial Benefit”). The third group supporting victims’ rights is comprised of those who demand greater protection and support for victims by the government (“Victim Protection and Aid”). The first serious attempt to amend the United States Constitution on behalf of crime victims happened in 1982. …
Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall
Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall
St. Mary's Law Journal
This Perspective evaluates the contradiction created by the Texas Supreme Court in Smith v. Merritt as well as its implications on social host liability in Texas. Smith creates serious ramifications regarding alcohol consumption and liability. In Smith, the Court held a social host is not liable for providing alcohol to a guest over the age of eighteen, regardless of whether the guest is under the minimum drinking age. Specifically, this Perspective critically analyzes the court’s holding, focusing on the inequities produced by permitting a social host to provide alcohol to individuals between the ages of eighteen and twenty-one without being …
Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk
Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk
St. Mary's Law Journal
In order to avert the depletion of water resources, many states have attempted to enact legislation aimed at promoting water conservation. Such legislation has been known to conflict with outdated principles of property ownership, namely the rule of capture. The rule of capture vests landowners with property rights in water located directly beneath their land. Texas categorizes water based on whether the water flows above or below the surface. Surface water is typically the property of the state, with property owners having no possessory interest in the surface water. Yet, the opposite is true for groundwater, where all rights to …
Killing Kids Who Kill: Desecrating The Sanctuary Of Childhood Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Richard Burr, Mandy Welch
Killing Kids Who Kill: Desecrating The Sanctuary Of Childhood Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Richard Burr, Mandy Welch
St. Mary's Law Journal
Abstract Forthcoming.
Juries Under Siege., Phil Hardberger
Juries Under Siege., Phil Hardberger
St. Mary's Law Journal
Beginning in the late 1980s, the Texas Supreme Court saw a slew of conservative judges elected to the bench. With this new Court, previous expansions of the law were stopped. Jury verdicts became highly suspect and were frequently overturned for a variety of reasons. Damages too did not go unnoticed. Juries’ assessments were wiped out by increasingly harsher standards. The ripple effect of the Court’s conservative philosophy on the judicial process was substantial. Jury verdicts, few as they may be, are not subject to harsh scrutiny by conscientious appellate judges sworn to follow the Texas Supreme Court’s precedent. And the …
Indictments And Informations In Texas: The Conduct/Evidence Pleading Conundrum., Robert R. Barton
Indictments And Informations In Texas: The Conduct/Evidence Pleading Conundrum., Robert R. Barton
St. Mary's Law Journal
In the prosecution of a criminal case in Texas, the State’s primary pleading is an indictment or information. In an indictment or information, there are two basic rules for the charging of an offense. First, the defendant must be given adequate notice to prepare a defense and to plead the judgment from the trial of the case in bar to a subsequent prosecution for the same offense. Second, the State is not required to plead evidentiary matters. The simplicity of these rules exists more in their statement than in their application because circumstances exist which require the State to plead …
Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle
Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle
St. Mary's Law Journal
Professionals in Texas are increasingly faced with the issues of if and when they must disclose infection of the Human Immunodeficiency Virus (HIV), and if they may be held liable for failing to disclose a known infection. These professionals must deal with conflicting guidance from the courts and legislature. The source of confusion is the conflict between the common-law duty to warn identifiable third parties of the dangers posed to them and the Texas statute governing confidentiality of test results for Acquired Immune Deficiency Syndrome (AIDS). The Communicable Disease Prevention and Control Act (CDPCA) mandates disclosure of positive test results …
So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell
So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell
St. Mary's Law Journal
Some legal commentators would analogize the description of the prisoner of The Pit and the Pendulum to modern tort law and policy. Like a pendulum, tort law is always in motion, swinging between two ideologies: those being the plaintiff-oriented rights of the 1970s-80s, and the tort-reforms which began in the mid-80s. This trend continued until the 1990s and the decision of State Farm Fire & Casualty Co. v. Gandy where Texas plaintiffs began experiencing setbacks. The Gandy decision likely curtails the use of the “sweetheart deal” a practice, in which an insured defendant first settles with the plaintiff, then assigns …
Doing Justice: A Challenge For Catholic Law Schools Essay., Grace M. Walle
Doing Justice: A Challenge For Catholic Law Schools Essay., Grace M. Walle
St. Mary's Law Journal
The numerous allegations of misconduct against high-ranking United States political figures and the associated attorneys are disheartening, but even more disconcerting is the general public’s acquiescence to these ethical deviations. The common assumption that “all lawyers are crooks” fails to outrage anyone. The fact most, if not all, recent ethical violators attended law schools and began their political careers as lawyers prompts questions of the legal education process. Understanding what justice encompasses may begin in books and the classroom, but justice in legal practice requires far more. The aspiration of “doing justice” may stem from religious belief, but this goal …
Defining The Limits Of Federal Court Jurisdiction Over States In Bankruptcy Court., Patricia L. Barsalou
Defining The Limits Of Federal Court Jurisdiction Over States In Bankruptcy Court., Patricia L. Barsalou
St. Mary's Law Journal
Sovereign immunity jurisprudence has always been a confusing jumble of assumptions which seem incomprehensible. Despite the confusion, understanding sovereign immunity has become more important in the wake of the United States Supreme Court’s decision in Seminole Tribe of Florida v. Florida. The constitutional issues raised in Seminole Tribe amount to a reinterpretation of the fundamental balance of power between federal and state governments and the power of Congress to affect that balance. Not all sovereign immunity is sovereign immunity. Many courts use the term to identify both the common-law doctrine and the “immunity” granted to the states through the Eleventh …
The Food And Drug Administration's Final Rule On Tobacco Advertising Is All Butt Final: Commercial Speech Doctrine Will Be Tested Once More Under A Stricter Central Hudson Analysis In The Aftermath Of 44 Liquormart, Inc. V. Rhode Island Comment., Joe R. Hinojosa
St. Mary's Law Journal
In 1996 the Food and Drug Administration (FDA) promulgated regulations affecting the advertising, sale, and promotion of tobacco. President Clinton supported the FDA’s claim it has the power to regulate tobacco products not as drugs, but as medical delivery devices of nicotine. Meaning tobacco sellers, retailer, distributors, and manufacturers would be subject to strict rules concerning how and where tobacco products may be advertised, distributed, and promoted. Despite the FDA’s claims, these measures were oriented toward discouraging children from smoking. Opponents of the regulations claim the restrictions constitute blatant infringement of commercial speech. The FDA argues that while advertising is …
Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton
Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton
St. Mary's Law Journal
Abstract Forthcoming.
Justice Franklin S. Spears: Unsung Hero Of Texas Justice In Memoriam., Thomas R. Phillips
Justice Franklin S. Spears: Unsung Hero Of Texas Justice In Memoriam., Thomas R. Phillips
St. Mary's Law Journal
Abstract Forthcoming.
Justice Franklin S. Spears: A Son's Perspective On His Father In Memoriam., Carleton B. Spears
Justice Franklin S. Spears: A Son's Perspective On His Father In Memoriam., Carleton B. Spears
St. Mary's Law Journal
Abstract Forthcoming.
Professional Responsibility And The Litigator: A Comprehensive Guide To Texas Disciplinary Rules 3.01 Through 4.04., Barbara Hanson Nellermoe, Fidel Rodriguez Jr.
Professional Responsibility And The Litigator: A Comprehensive Guide To Texas Disciplinary Rules 3.01 Through 4.04., Barbara Hanson Nellermoe, Fidel Rodriguez Jr.
St. Mary's Law Journal
In 1991, the Texas Supreme Court addressed the issue of widespread discovery abuse. Technological advancements have brought new challenges to an attorney’s conduct in litigation and in the discovery process. The Texas Code of Professional Responsibility was repealed in 1990 and was replaced by Article 10, § 9 of the State Bar Rules (the Texas Disciplinary Rules of Professional Conduct). The Order of Adoption of the Texas Lawyer’ Creed states “the conduct of a lawyer should be characterized at all time by honest, candor, and fairness.” It is therefore mandatory for attorneys to refrain from engaging in conduct involving dishonesty, …
The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman
The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman
St. Mary's Law Journal
Abstract Forthcoming.
A Tortured Construction: The Illegal Immigration Reform And Immigrant Responsibility Act's Express Bar Denying Criminal Aliens Withholding Of Deportation Defies The Principles Of International Law Comment., Bobbie Marie Guerra
St. Mary's Law Journal
The United States has never fully complied with international agreements concerning refugee’s rights to not be returned to a country where he or she faces certain threats of torture. This lack of compliance by the United States is exacerbated by two conflicting interests: the growing insistence on keeping aliens outside the nation’s borders and protecting international refugees who endure gross violations of their human rights. The recent amendments to the Immigration and Nationality Act (INA) provide a contemporary example of the volatility and inconsistency of the United States’ immigration policy. In April 1996, Congress enacted the Antiterrorism and Effective Death …
Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan
St. Mary's Law Journal
Responding to the terrorist bombing in Oklahoma City, Congress spent several months researching and discussing the best ways to strengthen the United States’ ability to deter and punish terrorism. In 1996, Congress sent a bill to the President designed to make the country safer, and President Clinton signed the bill into law: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA mandates a foreign national convicted of perjury be deported. Tucked away in the middle of the AEDPA, strict sanctions are imposed on noncitizens who commit perjury or subordination of perjury. In an attempt to strengthen the …
Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth
Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth
St. Mary's Law Journal
The hostile environment in the United States toward immigrants, as indicated by the Welfare Reform Act and Proposition 187, calls for a more meaningful judicial review of laws affecting immigrants. Although subjecting the federal government’s actions regarding immigrants to heightened review might seem to be a radical step, this Comment will explain why such a move is necessary. Part II discusses historical justifications for subjecting state and federal laws affecting immigrants to different levels of scrutiny under the Equal Protection Clause. Part III presents arguments for labeling immigrants a “suspect” class. Part IV considers the constitutionality of the Welfare Reform …
The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores
The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores
St. Mary's Law Journal
Despite the high occurrence of sexual harassment in schools, many school officials, who are aware of the abuse, do nothing to prevent it. Yet, some officials are beginning to recognize peer abuse is not acceptable due to the detrimental effects on students. As a result, many schools have implemented successful programs to prevent peer harassment. Furthermore, when schools have not responded adequately to the problem, student victims have turned to the courts, suing schools for failure to ensure an environment free from discrimination. Although victims have had little success in taking these cases to court, constitutional and statutory provisions exist …
The U.S. Attorney: Fateful Powers Limited Essay., Tom Rickhoff
The U.S. Attorney: Fateful Powers Limited Essay., Tom Rickhoff
St. Mary's Law Journal
Nothing more separates the United States from some of history’s most ruthless and resourceful enemies, the Mexican drug syndicates, than an intermittent trickle of water. In spite of this crisis, the U.S. Attorney’s Office has languished without a presidentially-appointed leader since the Branch Davidian nightmare. Considering the historical influence of the U.S. Attorney’s office, the current situation in the Western District of Texas is somewhat surprising. At one time, U.S. Attorneys exercised almost total discretion as to how the federal government impacted the lives of the powerful as well as the powerless. One of the primary obstacles in restoring effective …
Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer
Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer
St. Mary's Law Journal
This Commentary examines the effect United States Supreme Court decisions on sex discrimination in the legal profession. Discrimination against women currently appears to be alive and well in the legal field. Decisions like Bradwell v. Illinois and In re Lockwood frustrated women attorneys for over a century, allowing states to determine women were unfit for occupations in areas like law. Hishon v. King & Spalding, and later, Price Waterhouse v. Hopkins, applied Title VII protections to evaluations of potential law firm partners—a process previously closed and unassailable for most of the history of the legal profession. More recently, Harris v. …
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
St. Mary's Law Journal
This Article analyzes how the Antiterrorism Act and the Immigration Reform Act reflect a larger historical dynamic in the relationship between domestic subordination and immigration law. The U.S. government historically employed immigration laws in an effort to protect the established political and social order. History reveals a strong correlation between the severe treatment politically subversive U.S. citizens received and the constriction of the immigration laws. This Article argues the lack of constitutional protections for noncitizens helps to explain the recurrent backlash against them. The treatment of noncitizens suggests how far the government might go to suppress domestic political dissent by …
Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun
Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun
St. Mary's Law Journal
The Violence Against Women Act (VAWA) was enacted in 1994 to combat the growing and widespread epidemic of domestic violence. Congressional committees assigned to study this epidemic found that violent attacks by men topped the list of dangers to an American woman’s health. In an attempt to raise society’s awareness of the problem of violence against women and to ameliorate the victimization of women, Congress enacted VAWA. Specifically, Title III of VAWA establishes a federal civil right for victims of violent, gender-motivated crimes. These provide victims with either injunctive or monetary compensation. Consequently, there have been questions about the constitutionality …