Legal Ethics and Professional Responsibility Commons^™

In Re Oluloro: Risk Of Female Genital Mutilation As Extreme Hardship In Immigration Proceedings Symposium - Human Rights In The Americas - Recent Development., Patricia Dysart Rudloff

St. Mary's Law Journal

On March 23, 1994, in In re Oluloro, Immigration Judge Kendall Warren’s decision indicated the United States Immigration and Naturalization Service (INS) should consider human rights abuses directed at women. The overriding concern was the possibility that two young U.S. girls would suffer female genital mutilation (FGM) if the INS deported their mother to Nigeria. In reaching the decision to suspend the mother’s deportation, Judge Warren condemned FGM as “cruel and serv[ing] no known medical purpose.” Judge Warren ruled the practice presented an extreme hardship for the girls. Unfortunately, the court’s ruling has no precedential value because the INS did …

Chief Justice Calvert: Man Of Imperturable Integrity In Memoriam., Thomas M. Reavley

St. Mary's Law Journal

Abstract Forthcoming.

Cutting Costs - Cutting Care: Can Texas Managed Health Care Systems And Hmos Be Liable For The Medical Malpractice Of Physicians., Jim M. Perdue, Stephen R. Baxley

St. Mary's Law Journal

One of the most common forms of managed health care is the health maintenance organization (HMO). An HMO is a quasi-insurance arrangement which provides health care to subscribers for a prepaid monthly fee. These have been attractive as they offer health care at lower cost to consumers. Health care brokers have developed four standard models of HMOs— “staff model,” “group model,” “network model,” and “independent practice association” (IPA) model. Given the degree of control HMOs exercise over member-physicians under any of the above models, Texas courts should hold HMOs liable for their member-physicians’ malpractice under the doctrine of vicarious liability, …

Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy

St. Mary's Law Journal

After several decades of environmental legislation, the regulated community faces an extremely complex and costly matrix of obligations and responsibilities. For industry in general, the most expensive environmental statute enacted has been the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA created the Hazardous Substances Superfund (Superfund) and established retroactive liability for remediation of hazardous substance contamination. President Clinton admitted CERCLA does not work and even labelled the Superfund a “disaster.” Even though public and private entities have already spent twenty billion dollars on the CERCLA program since its inception, only around ten or twenty percent of …

Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean

St. Mary's Law Journal

Death row reminds us that justice is not equal. Death sentences, opposed to being reserved for only the most heinous crimes, are generally related to the profile of the victim and identity of those most outraged by the crime. The majority of people on death row killed a white person, even though one-half of homicide victims in the United States are people of color. Because of this, and the fact that the law almost always sides with people of wealth and power, the death penalty works to compound societal trauma instead of healing or solving anything. The skewed and harmful …

Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick

St. Mary's Law Journal

In Richardson v. State, the Texas Court of Criminal Appeals granted Richardson’s second petition for discretionary review to determine whether law enforcement’s use of a pen register constitutes a search. The use of a pen register may be a search within the purview of Article I, Section 9 of the Texas Constitution. Courts use the reasonable-expectation-of-privacy test, from Katz v. United States, to determine whether a search has occurred under the Fourth Amendment. In Richardson, the Texas Court of Criminal Appeals reviewed whether the use of a pen register equates to a search despite the U.S. Supreme Court’s determination in …

Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley

St. Mary's Law Journal

Foreign nationals arrested in the United States confront the disadvantage of mounting a criminal defense in several ways. In most cases, they are unfamiliar with U.S. customs, police policies, and criminal proceedings. Although U.S. courts strive to prevent bias against accused based on alienage, discrimination does occur. To minimize the disadvantages experienced by accused foreigners, international law guarantees the right of consular access. Under internationally accepted norms applicable in the United States, an accused foreigner is entitled to contact his home-state consult office for assistance. Furthermore, mere involvement of a consul may encourage local government to follow procedural norms and …

The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss

St. Mary's Law Journal

Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …

Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley

St. Mary's Law Journal

This Comment considers physical appearance discrimination by jurors in criminal trials. It proposes remedial measures to eliminate discrimination and effectuate the underlying purposes of jury trials. Part II of this Comment examines the psychological process of corporeal attribution and discusses the underlying philosophic dichotomy of image and substance. It surveys the role modern American culture plays in discrimination in the American criminal law system and discusses parallel relationships between race, sex, and physical appearance discrimination. Part IV explores constitutional ramifications of fostering and promoting physical appearance discrimination in criminal trials. Finally, Part V presents remedies designed to ensure criminal defendants …

The Spoliation Tort: An Approach To Underlying Principles., Steffen Nolte

St. Mary's Law Journal

Abstract Forthcoming.

International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe

St. Mary's Law Journal

This Article posits that the increase of tariff arrangements, like the Generalized System of Preferences (GSP), is evidence of the “hardening” of a body of international trade-preference law. It contends that the law of trade preferences is widely practiced in international affairs and the developed nations which terminate all trade preferences for developing countries most likely engage in illegal conduct under international law. Classical international law principally consisted of the law between nations and an international law of trade preferences in any form was unthinkable. Thus, neither international cooperation nor a duty for developed countries to assist developing countries is …

A Settlement Offer Above Policy Limits Does Not Trigger An Insurer's Stowers Duty To Act Reasonably., James Martin Truss

St. Mary's Law Journal

Abstract Forthcoming.

Private Plaintiffs May Not Maintain Aiding And Abetting Suits Under Securities Exchange Act Section 10(B) And Securities And Exchange Commission Rule 10b-5., Ginger E. Margolin

St. Mary's Law Journal

In Central Bank v. First Interstate Bank, the United States Supreme Court held that private plaintiffs may not maintain aiding and abetting suits under Securities Exchange Act Section 10(b) and Security and Exchange Commission Rule 10b-5. The Court views Section 10(b) of the 1934 Act as a “catchall antifraud provision” that makes the use of “any manipulative or deceptive device or contrivance” in contravention of the provision a violation of Securities and Exchange Commission (SEC) rules if such acts occur during the purchase or sale of securities. Rule 10b-5 is substantially the same as Section 10(b). However, neither Section 10(b) …

The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera

St. Mary's Law Journal

This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …

Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

Chief Justice Calvert: Simple Rules Made Him Great In Memoriam., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

Chief Justice Calvert, Our Highly Regarded Of Counsel In Memoriam., Lloyd Lochridge

St. Mary's Law Journal

Abstract Forthcoming.

Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez

St. Mary's Law Journal

Abstract Forthcoming.

Appellate Review Of Criminal Cases In Texas - Foreword Foreword., Charles F. Baird

St. Mary's Law Journal

Abstract Forthcoming.

For The Love Of Lacan, Jacques Derrida

Cardozo Law Review

What wouldn't Lacan have said!

What won't he have said!

This is not a question, it is an exclamation: to get my voice right, to find the appropriate tone, before beginning to try out this idiomatic conjunction of negation, denial [denegation], conditional and future in the past, my hypothesis being that these grammars, now in succession, now simultaneously, play the role of a screen and of a mirror in the modalities of the with, as they do in the modalities of the since [depuis] that will have determined Lacan's relationship to the philosophers-to certain philosophers. These few reflections on temporal …

A Unique And Different Subject Of Law, Alain Pottage

Cardozo Law Review

Might an idiom of love be instituted in law? This question is posed by Luce Irigaray's ethics of sexual difference, which, in the guise of a critique of law, depicts the semantic or symbolic structure of a law that articulates an ethical relation of love-not love as caritatis, but love as eros. This implausible association of love and law seeks to institute an immediate and idiomatic relation within the axiopoietic order of law. Irigaray's J'aime d toi prescribes a set of basic rights which law-in its role as cultural tutor-might institute as the coordinates of a new model …

Making Sense Of Metaphors: Visuality, Aurality, And The Reconfiguration Of American Legal Discourse, Bernard J. Hibbitts

Cardozo Law Review

While American legal discourse has embraced a range of figurative expressions evoking all sorts of sensory experience, it has long favored visual metaphors. We frequently consider law as a matter of looking: we "observe" it; we evaluate claims "in the eye of the law"; our high courts "review" the decisions of inferior tribunals. Alternatively, we speak of law as something one would usually look at: it is a "body," a "text," a "structure," a "bulwark of freedom," a "seamless web,'' and even a "magic mirror." We identify particular legal concepts with striking visual images: property rights are a "bundle of …

In Re Reprimand Of Davis & Haffeman, 93-Ap-27 (Blkft. Tr. Ct. App., May 11, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that attorney discipline for misconduct is an administrative decision that does not require a show cause hearing to decide the controversy. Rather, the attorneys are entitled to an administrative panel. Attorneys facing reprimand for misconduct may be allowed to complete their current case load, at the Courts discretion, until a final decision is made to determine their ability to practice law in tribal courts.

Table Of Contents - Cardozo Law Review, Volume 15, Issue 5

Cardozo Law Review

No abstract provided.

In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell

UIC Law Review

No abstract provided.

Walking On Thin Ice: The Changing Liability Of Attorneys In The Securities Arena, 27 J. Marshall L. Rev. 909 (1994), Scott A. Crist

UIC Law Review

No abstract provided.

U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger

St. Mary's Law Journal

U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …

Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders

St. Mary's Law Journal

Abstract Forthcoming.

Values, Pierre Schlag

Publications

No abstract provided.

Self-Publication: Defamation Within The Employment Context., Howard J. Siegel

St. Mary's Law Journal

This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …