Implied Warranties Of Quality On Used Motor Vehicles In Texas.,
2022
St. Mary's University
Implied Warranties Of Quality On Used Motor Vehicles In Texas., John F. Hunt
St. Mary's Law Journal
Abstract Forthcoming.
Texas Statute Conferring Jurisdiction On District Courts Over Election Contests Is Inapplicable To Contests Of Congressional Election.,
2022
St. Mary's University
Texas Statute Conferring Jurisdiction On District Courts Over Election Contests Is Inapplicable To Contests Of Congressional Election., Susan G. Wright
St. Mary's Law Journal
Abstract Forthcoming.
Texas Statutes Amended To Provide For Execution By Intravenous Injection Of A Lethal Substance.,
2022
St. Mary's University
Texas Statutes Amended To Provide For Execution By Intravenous Injection Of A Lethal Substance., John H. Gordon Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges,
2022
Brooklyn Law School
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Journal of Law and Policy
American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …
Spouse Cannot Be Divested Of Title To Separate Real Property Under Texas Family Code 3.63.,
2022
St. Mary's University
Spouse Cannot Be Divested Of Title To Separate Real Property Under Texas Family Code 3.63., Jerry Morell
St. Mary's Law Journal
Abstract Forthcoming.
Legislating A Pathway To Improved Outcomes For People Living With Hiv And Lgbtq+ Nevadans,
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
Legislating A Pathway To Improved Outcomes For People Living With Hiv And Lgbtq+ Nevadans, Dallas Harris, André Wade
Nevada Law Journal
During the Nevada 81st Legislative Session in 2021, two groundbreaking bills were passed and signed into law that will significantly impact the lives of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) individuals and those living with the human immunodeficiency virus (HIV). The first bill, Senate Bill 275, modernizes outdated and ineffective laws that criminalize HIV. Senate Bill 109 requires government entities in Nevada to collect sexual orientation and gender identity and expression (SOGIE) demographic information to have a better understanding of the number of LGBTQ+ individuals living in Nevada and their overall health and well-being. These bills will help LGBTQ+ …
Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America,
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah A. Widiss
Nevada Law Journal
Pregnant workers often need small changes—such as permission to sit on a stool or to avoid heavy lifting—to stay on the job safely through a pregnancy. In the past decade, twenty-five states have passed laws that guarantee pregnant employees a right to reasonable accommodations at work. Despite the stark partisan divide in contemporary America, the laws have passed in both Republican- and Democratic-controlled states. This Essay offers the first detailed case study of this remarkably effective campaign, and it shows how it laid the groundwork for analogous federal legislation, passed in December 2022, that ensures workers across the country will …
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation,
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation, D. Wendy Greene
Nevada Law Journal
Like one’s skin color, African descended people’s natural hairstyles have served as a basis of African descendants’ racial enslavement, segregation, stigmatization, and discrimination throughout the United States since they arrived on this land—in most cases, forcibly and brutally so. More contemporarily, the denial of educational opportunities, employment, and access to public accommodations on the basis of their natural hairstyles or hair texture is a common occurrence for African descended women, girls, men, and boys.
State Is Required Under Texas Forfeiture Staute To Assume Burden Of Proving Proceeds Were Used In Gambling Activity.,
2022
St. Mary's University
State Is Required Under Texas Forfeiture Staute To Assume Burden Of Proving Proceeds Were Used In Gambling Activity., Curtis Vaughan Iii
St. Mary's Law Journal
Abstract Forthcoming.
No Pact With The Devil: Defending & Strengthening New York City’S Permanent Affordability Commitment Together (Pact) - P3,
2022
Brooklyn Law School
No Pact With The Devil: Defending & Strengthening New York City’S Permanent Affordability Commitment Together (Pact) - P3, Madeline Martinez
Journal of Law and Policy
Faced with the dual threats of a federal receivership and a growing deficit of federal appropriations, in 2018, New York City Mayor Bill DeBlasio enrolled the New York City Housing Authority (“NYCHA”) into the Permanent Affordability Commitment Together (“PACT”). PACT would allow NYCHA to convert its federal Section 9 funding streams into federal Section 8 vouchers and permit the local public housing authority to enter public-private partnerships with private developers. This move would infuse NYCHA with an additional $12.8 billion in funding to counteract its roughly $31.8 billion deficit. However, immediately after the mayor unveiled his plans to pursue PACT, …
Determining Marriage Length In Support Calculations: Should Cohabitation Count?,
2022
Brooklyn Law School
Determining Marriage Length In Support Calculations: Should Cohabitation Count?, Mark Strasser
Journal of Law and Policy
Many states have sought to make spousal support awards more predictable by linking them to marital length. States doing so must decide whether to include premarital cohabitation within the calculation determining marriage duration, which for many couples will significantly affect the ultimate determination. This Article discusses some of the difficulties in achieving consistency and predictability in marital length determinations, focusing on how the supreme courts in Massachusetts and North Dakota have sacrificed those goals in their attempts to achieve what they likely thought to be more equitable results in individual cases.
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”,
2022
Brooklyn Law School
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Journal of Law and Policy
The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …
A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise,
2022
University of Minnesota Law School
A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise, Isaac Foote
Minnesota Journal of Law, Science & Technology
No abstract provided.
Systematic Racism, Abortion And Bias In Medicine: All Threads Woven In The Cloth Of Racial Disparity For Mothers And Infants,
2022
Cleveland-Marshall College of Law
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 …
How The Conviction And Sentencing Of "Tiger Mandingo" Modernized Missouri's Hiv-Related Statutes In 2021,
2022
University of Tennessee College of Law
How The Conviction And Sentencing Of "Tiger Mandingo" Modernized Missouri's Hiv-Related Statutes In 2021, Ryan Jay Mcelhose
Journal of Law and Health
Michael Johnson or “Tiger Mandingo” as he referred to himself on social media, engaged in sexual acts with six different men, all of whom claimed that Michael lied about living with human immunodeficiency virus (HIV). As a result, the State of Missouri charged him with recklessly infecting a partner with HIV exposing or attempting to expose another with HIV. With contradictory trial testimony, no genetic fingerprint testing, and little to no questioning of his sexual partners’ credibility, the jury found Michael Johnson guilty of five felony counts which resulted in a 30-year prison sentence. Ultimately the Missouri Court of Appeals …
Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S.,
2022
Cleveland-Marshall College of Law
Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S., T.J.D. Nadas
Journal of Law and Health
As states start to recognize exotic dancers as employees under Fair Labor Standards Act (FLSA), states that have not yet classified exotic dancers as employees have put club owners in danger of costly litigation for violating the FLSA. Thus, this Note is designed to act as a road map for club owners and state legislators to recognize exotic dancers as employees in compliance with the FLSA and provide insight into how to avoid litigation. This Note analyzes this issue in four parts; Part IV, the analysis, is split into four substantial sections. Part I gives a short summary of the …
A Pandemic Of Separation Of Powers Violations In Texas: The Interrelationship Of The Texas Disaster Act And Texas Gov’T Code Section 22.0035,
2022
Baylor University
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 …
Dual Personas: Treating An Employer As A Third Party Under The Texas Workers’ Compensation Act,
2022
St. Mary's University School of Law
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.
The Legacy Of Johnson V. Darr: The 1925 Decision Of The All-Woman Texas Supreme Court,
2022
Munsch Hardt Kopf & Harr P.C.
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,
2022
Fordham University School of Law
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 …
