State and Local Government Law Commons^™

Systematic Racism, Abortion And Bias In Medicine: All Threads Woven In The Cloth Of Racial Disparity For Mothers And Infants, Gabrielle Ploplis

Journal of Law and Health

This note argues that decisions like that of NAACP v. Wilmington Medical Center, Inc. have been one of many contributing factors in the disparity in mortality rates of both black and American Indian/Alaska Native newborns in comparison to white newborns across the country. Part II examines the current state of the law regarding issues of discrimination, accessibility of health care, and relocation and closure of medical centers that has disproportionately affect minorities in the U.S. Part III discusses the statistics of white, black, and American Indian/Alaska Native newborn and maternal mortality rates in the United States. Part IV addresses the …

Dual Personas: Treating An Employer As A Third Party Under The Texas Workers’ Compensation Act, Brent A. Bauer

St. Mary's Law Journal

Abstract forthcoming.

A Pandemic Of Separation Of Powers Violations In Texas: The Interrelationship Of The Texas Disaster Act And Texas Gov’T Code Section 22.0035, Ron Beal

St. Mary's Law Journal

This Article is on the interrelationship of the Texas Disaster Act and Texas Government Code Section 22.0035. The author demonstrates that the Governor of Texas and the Texas Supreme Court have grossly violated the separation of powers on a continuing basis since March 29, 2020 by Governor Abbott issuing Executive Order 13, which prohibits the granting of bail to anyone awaiting trial, and the Texas Supreme Court’s unwillingness to invalidate that order administratively or judicially. Finally, the Article addresses the nearly one thousand district and county court judges who are constantly violating the separations of powers by failing to invalidate …

The Legacy Of Johnson V. Darr: The 1925 Decision Of The All-Woman Texas Supreme Court, Jeffrey D. Dunn

St. Mary's Law Journal

The Texas Supreme Court case of Johnson v. Darr,[1] the first case decided in any state by an all-woman appellate court, was a singular event in American legal history. On January 9, 1925, three women lawyers appointed by Texas Governor Pat Neff met at the state capitol in Austin to issue rulings solely on one case involving conflicting claims to several residential properties in El Paso. The special court was appointed because the three elected justices recused themselves over a conflict of interest involving one of the litigants, a popular fraternal organization called Woodmen of the World. The special …

Abortion Rights Under State Constitutions: A Fifty-State Survey, Robert L. Bentlyewski

Fordham Law Review Online

The U.S. Supreme Court appears poised to overturn Roe v. Wade and its progeny, removing any federal law protection of the right to an abortion. However, numerous state supreme courts have interpreted their state constitutions to independently recognize such a right, finding their state’s equal protection, due process, and privacy rights more expansive than those at the federal level. This Essay surveys all fifty states to ascertain how much protection each state currently affords to women’s right to an abortion. Most state supreme courts have not made a determinative ruling on the issue, and a significant majority of state constitutions …

Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh

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

Without immediate action, the “corrections” made by the Texas legislature to meet the appropriateness requirement for special education will result in imminent peril for students with an autism spectrum disorder (ASD) as well as their parents. Tens of thousands of children fall between the cracks as a result of Texas’ illegalities and the lack of responsibility Texas’ lawmakers and Texas Education Agency (TEA) have for special education. If Texas does not fully devote itself to a significant overhaul of its special education practices, students will continue to be left behind.

Congress enacted the Individuals with Disabilities Education Act (IDEA) because …

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

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

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …

A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron

University of Cincinnati Law Review

No abstract provided.

Beauty And The Beast: Plastic Pollution In The Personal Care And Cosmetics Industry, Olivia Frantzeskos

Student Theses 2015-Present

This paper explores the history of plastic in the beauty and cosmetics industry, and how this toxic material is irreparably harming our ecosystems resulting from nonrecyclable packaging and a lack of microplastic management. Properly managing harmful plastics found in personal care and cosmetics products (PCCPs) is essential for minimizing toxic wastewater in raw sewage, landfills, and the ocean, as discussed in reports such as “Plastics in Cosmetics” by the UNEP. Furthermore, this paper presents an argument for why the personal care and cosmetics industry should be included in the Toxic Substances Control Act (TSCA), which gives the EPA authority to …

A Cleave Within The Piney Woods: Nacogdoches, Stephen F. Austin State University And How Racial Integration Divided The Town And Gown, Caitlin Hornback

Electronic Theses and Dissertations

Stephen F. Austin State University was once the pride and joy of the city of Nacogdoches, Texas. When the Texas State Legislature began to look for a location for their new state normal school, the people of the East Texas town fought to have it built there and the Stephen F. Austin Teacher’s College opened its doors in September 1923 to a proud community. Through the trials and tribulations of early twentieth century events, the school managed to stay afloat and grow in numbers. Dr. Ralph W. Steen became the president of the college in 1958 and he oversaw a …

Recent Developments: Esteppe V. Balt. City Police Dep't., Jeneen Burrell

University of Baltimore Law Forum

No abstract provided.

Baltimore's Targeted Blight Elimination Program And How It Can Be Improved, Michael Destefano

University of Baltimore Law Forum

No abstract provided.

Swimming Up The Stream Of Commerce: How Plaintiffs In Products Liability Litigation Are Disadvantaged By Current Personal Jurisdiction Doctrine, Lily S. Smith

University of Richmond Law Review

The growth of e-commerce has facilitated an increasing number of products’ travel, frequently across state and international lines. This development has subsequently increased litigation between parties who are of diverse residencies. These disputes have challenged the fundamental territorial principles that established early personal jurisdiction doctrine. Moreover, unprecedented corporate expansion—both geographically and economically—has created an environment that has outgrown a doctrine focused on protecting defendants’ rights. As courts are beginning to reform their analysis in products liability litigation towards finding Amazon and others like it strictly liable for injuries caused by products sold on their sites, Amazon will have to find …

Recent Developments: E.N. V. T.R., Oluwatosin Adedeji-Fajobi

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Nationstar Mortg. Llc V. Kemp, Fateh Tarar

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Town Of Riverdale Park V. Ashkar, Leah Rowell

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Velicky V. Copycat Bldg. Llc, Jacob Linn

University of Baltimore Law Forum

No abstract provided.

Tracing Property Interests: How Mandatory Covid-19 Contact Tracing Conflicts With The Maryland Constitution And Trade Secret Law, Marianne Gluckert Smith

University of Baltimore Law Forum

No abstract provided.

Regulating Medical Debt Collection: How Maryland Should Improve Protections For Those Who Cannot Afford Care, Lauren Stone

University of Baltimore Law Forum

No abstract provided.

Recent Developments: State V. Miller, Chelsea Roberts

University of Baltimore Law Forum

No abstract provided.