The Legal Minute March 2010

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The Legal Minute March 2010


St. Mary's University School of Law


Law Student Rescues Her Children in Haiti, Significant Development for Restorative Justice at St. Mary's, Campus News, If these Carrels Could Talk… Entertainment at the Library, Scholarships and Writing Competitions, Spotlight: St. Mary's First China Sum


St. Mary's University School of Law Student Bar Association


St. Mary's University School of Law San Antonio Texas, St. Mary's University School of Law, Sarita Kenedy Law Library




Benjamin Whitledge, Mark Laneman, Charles Finger, Robert Hu, Sister Grace Walle, Holly Gonzalez, Blaise Regan, Jay Wiley, Lina Seikh, Melissa Anderson, Victoria Bongat, Albert Nguyen, Christopher Spence, Richard Flint




The Legal Minute











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al Minute
Law student rescues her children in Haiti
By Benjamin Whitledge
Con tributing Writer

For weeks, the headlines of every news
agency d escribed horrifying stories on their
pages and in their broadcasts, complete with
vivid pictures and video of the dead and
rumble that were once Port au Prince. People shook their heads in compassion as they
viewed the destruction; some even donated
via Facebook, PayPal, or text. But as the initial horrific details passed, the news stories
dwindled and the compassion and relevancy faded out of mind. The Haiti earthquake
was just anothe r event that had captured the
collective attention without changing our
own individual lives other than forcing us to
flip to the second page for the current tally
of Tiger mistresses.
For Kennedy Granger, a St. Mary's law
student and Haitian native, blissful indifference was impossible and the earthquake will
forever remain a part of her life.
The tremors still reverberated throughout the island nation and the dust from a
collapsed city had yet to settle before the
icy grip of a mother's anguish seized Kennedy's heart: somewhere in the wreckage
of Port au Prince were her three daughters.
Since attending high school in Haiti, Kennedy has cared for and loved three Haitian
girls and for seven years had been engaged
in the arduous process of adoption. The girls
were now alone in a city of anarchy and ri-

ots, with food supplies dwindling and clean
water becoming more precious by the hour.
Operation Safe Return was bom.
With all commercial flights canceled into
Haiti, Kennedy and Justin Yarborough, another law student, booked a flight into the
with the

intention of going in and bringing the girls
out safely. Within one day, over one thousand dollars had been donated by the cashstrapped St. Mary's law students to be used
by Kennedy and Justin for the victims of the

Kennedy Granger (right) is reunited with her children.


m1rucan Republic airport, they discovered
that ground transport into Haiti was no longer available. But it was more providential
than an obstacle, as it turned out; Kennedy
and Justin were told an international aid
team had been forced to cancel their flight,
freeing up space for them. The heavy thrum
of the rotors powering up filled the air and
soon the Blackhawk was airborne, cutting
hours off what otherwise would have been
a day-long trip by truck.
They landed in front of the United States
Embassy in Port au Prince. A barely controlled chaos ran throughout the compound.
Embassy aids were mixed with international aid workers and soldiers. Aid workers
snatched a few hours of much needed sleep
in the halls and on the lawn. A few hours
later, however, the two were picked up by
an old friend of Kennedy's on her last quarter tank of gas. This was the last leg of the
journey; Kennedy was almost home.
The roads were debris ridden and
cracked. Concrete cinder blocks had been
stacked hastily to prevent cars from driving over bodies, some sleeping, some not.
"You could smell the dead for stretches on
the road," Kennedy said. 150,000 dead is just
number until it's not.
Detours and road blocks were plenty, but
finally they pulled onto Kennedy's street
where her daughters had been living. There
in front of Kennedy was her house - collapsed rubble. Kennedy stumbled out of the

Continued on Page 2

Significant Development for
Restorative Justice at St. Mary's

put things right for the victim. In addition to the academic
study of restorative justice, students at the law school are
also participating in real-life restorative justice activities,

By Mark Laneman
Contributing Writer
The spring 2010 semester promises to be a significant
time of development for restorative justice at St. Mary's Law
School. One of the most noteworthy developments has been
the establishment of the first Restorative Justice class at the
law school allowing St. Mary's to join the ranks of other
schools, such as Marquette in Milwaukee, Wisconsin, and
Hamline in St. Paul, Minnesota. The class is being taught by
professors from the St. Mary's Criminal Justice department,
Dr. Milo Colton and Dr.Ray Leal, who both have extensive
experience in peacemaking and altemative dispute resolution, in addition to their background in criminal law. This
inaugural class has 11 students and will cover the fundamentals and practices involved in restorative justice.
Restorative justice is an approach to crime and other
wrongdoing which emphasizes the offender's obligation to

such as the Bridges to Life program located on the grounds
of the state prison in Hondo since spring 2008. Bridges to
Life is a faith-based program supported by the Texas De-

partment of Criminal Justice and brings volunteers and offenders together once a week for 14 weeks. The program not
only helps offenders understand the impact of their actions
and how they can make things right, but also provides victim volunteers an opportunity for healing. Initially, the inaugural class of spring 2008 consisted only of four St. Mary's
law students, but this semester that number has increased
to a total of nine law students participating in the program.
In addition to these efforts, law students have been exposed continually to the message of restorative justice
through the student organization, the Restorative Justice
Initiative (RJI). In addition to inviting speakers to lecture
about restorative justice at meetings, RJI is working with
Marquette University's School of Law to send St. Mary's
students to Milwaukee for a week during this summer to
observe a variety of restorative justice programs at the law
school and in the surrounding community.
If you would like to get involved with RJI or any of the
other restorative justice activities, you can register with the
"restorative justice" site on TWEN or contact Mark Laneman at


Campus News
Catholic Identity






Do not miss the deadlines for
scholarships and writing competitions.Pg.3

St. Mary's School of Law heads to
McAllen and New Orleans to work
during Spring Break. Pg. 5

One law student expresses her
views on interracial marriage and
the law. Pg. 6

Take an inside look at the legal
side of Hollywood's hottest couples and their pre-nuptials. Pg. 8

Page Two

Campus News

March 2010

Haiti, continued from Page 1
truck as the dread and panic she
had kept in tight check on the journey now broke free in her chest.
The loss of one child is unbearable;
the loss of three ... unirnaginable.
"Morn, we're here," a small
voice called.
Fearing hope was a lie, Kennedy turned and saw all three of
her daughters alive and if not well,
then at least better off than if they
had been in the house. The girls
had been living on the street in
front of the house since the day of
the earthquake.
The group, now happily larger
by three, made their way back to
the embassy, where they were
given permission to fly out immediately with the girls back to the
United States. Kennedy's story had
come to an ending only found in
Hollywood. ''I'm not a religious
person at all, but there were too
many coincidences for me not to
believe there was something there
with me," said Kennedy.
Kennedy's story ended happily, but hundreds of thousands
of Haitians are still struggling to
find food, water, medical attention, and loved ones. In an effort
to help them and involve as many
people as possible in the aid effort,
Justin Yarborough has created We
Hear Your Voice. Kennedy's story,
along with updated news, methods of helping the victims and
donations are on the website The headlines
and broadcasts may have changed,
but the plight of those suffering in
Haiti remains. Do not forget them.

Congratulations to Trevor Hall for being elected Govemor of
the American Bar Association! There are only fifteen Circuits
governing all ABA approved law schools in the nation. Trevor
Hall is now the Govemor of Circuit 13, which includes Texas
and Louisiana.
The Women's Law Association in coordination with Law Ministry and Law Administration are hosting a luncheon for members
of the Fourth Court of Appeals on Tuesaay, March 23, 2010, 12:00
p.m. in the Alumni Room.
A summer internship with the Staff Attomey's Office at the
<;o~rt of Criminal Appeals in Austin, Texas is available for a
limited number of stuaents during the summer of 2010. Those
interested in applying should send a resume and a cover letter to
Professor Schmolesky in Room 224 of the Law Faculty Building.
The deadline for applications is 12:00 noon on Friday, March 26,
The HLSA Spring Banquet will be held on Friday, March 26, 2010
at the Crowne Pfaza ~otel Riverwalk, 111 Pecan Street East, San
Antonio, 78205. The banquet is free to all paid members and $35
for student guests. Please encourage your employers to attend
a!ld buy a table for this event. Tables are $500 or $60 per professiOnal.
The Intemational Legal Honors Fratemity of Phi Delta Phi, Tarlton Inn, invites students, faculty, administrators, friends, and
family to participate in the annual Race Judicata, a 5K run/walk
around the St. Mary's campus on Saturday, March 27, 2010 at
10:00 a.m. Phi Delta Phi wilihave tables set up for registration in
the Law Classroom building one week prior to the event. Regis~ation is ~10 which provides each participant with a Race Judicata T-shirt and refreshments after the race. All proceeds will
benefit St. Mary's Center for Legal and Social Justice. Pets are
welcomed and encouraged. Snacks and drinks will be provided.

The Student Bar Association will be hosting the 4th Annual St.
Mary's Alumni Golf Open on Saturday, March 27th at Silverhom
Golf Club with an 8:00 a.m. shotgun start. Students pay only $45
to participate ($55 if signed up after 3/12). In addition to toumament participation, breakfast, lunch, and drinks, all players will
receive one additional free round of golf, a one month free membership to Silverhom Golf Club, and an excellent opportunity to
meet and network with area attorneys. Contact Sean Caporaletti
for more information at or sign up at the
Law Classroom Building lobby.
Elections for the Student Bar Assocation will be March 29th
through April 1st for the Executive Board. Elections for Senators
and Ho~or Court J~stices ~ill be April 5th thro_ugh April 8th. If
you are mterested m runnmg, contact Josh Whitwortn at jwhitworth® or Jeremy Baker at jbaker3@mail.stmarytx.
On Friday April 9th, 2010, the St. Mary's Law Student Bar Association will be hosting their annual show "Puttin' on the Writz."
This show has an attendance of over 200 students, faculty, family, and friends. The show benefits the St. Mary's Center for Legal and Social Justice, which provides pro bono legal services for
our San Antonio community.
The Order of Barristers is a national honorary organization pu~pose is the encourag.em~nt of oral advocacy and brief
wnting skills. The Order- which IS open only to third-year law
students provides national recognition for individuals who have
excelled m advocacy and service at their respective schools. St.
Mary's School of Law is permitted to select ten new members
each year. If you are interested in being considered for The Order of Barristers, please pick up an application form from Professor Dave Schlueter, Chairman of the Faculty Advocacy Committee, LFB 270. All completed applications must be returned
to Professor Schlueter's office no 1ater than NOON on Friday,
March 26, 2010.

Campus News

Page Three

March 2010

Entertainment at the library
By Charles Finger
Asst. Director ofLa·w Library

Looking for some entertainment? Don't want to
waste your time and money?
Then check out the DVD Collection in the Sarita Kenedy
East Law Library!
It is located in the West
wall bookcases in the foyer
of the Law Library. All of the
Law Library's DVD's have

These and additional scholarships are posted
in the Witan. For a copy of detailed information regarding the below writing competitions
and scholarships, please email Bebe Gonzales
Entries for The Symposium XXIII Chief Justice John B. Doolin Writing Competition are
now being accepted. The subject matter of
the paper may be on any area of the law relating to Native Americans or other indigenous peoples. First, second, and third prizes
. in the amounts of $500, $300 and $200 will be
awarded. For entry criteria, please contact Julie Rorie at (405) 522-5801 or email julie.rorie@ Entries must be received by March
The Berks County Community Foundation
is now accepting applications for the Howard Fox Memorial Law Scholarship Award of
$3,000. The award is presented annually to a
Berks County; Pennsylvania resident embarking on his/her second year of law school. For
an application please visit Applications will be accepted through Apnl 1,
The Center for Real Estate Studies and Real
Estate LL.M. Program at New York Law
School present the First Annual NYLS Real
Estate Law Writing Competition. This competition is designed to encourage scholarship
on all aspects of real estate and land use law.
$1,000 First Prize and $500 Honorable Mention. Deadline to enter is April 1, 2010. For
complete rules, please visit
Applications are now being accepted for the
Sovereignty Symposium XXIII Susan J.
Ferrell Scholarship. Applicants should demonstrate an interest in and contribution to
Native American legal issues by an application letter. There is no application form. For
further information please contact Julie Rorie
at (405) 522-5801 or email
Deadline to enter is April 1, 2010.

Please recycle
The Legal Minute.

a legal theme and can provide a welcome break from
studying, eating, or sleeping.
Even better than Red Box, the
DVD's can be checked out for
three days and there is no fee.
There are classics such as
Cape Fear, Miracle on 34th
Street, 12 Angry Men, The Accused, Anatomy of a Murder
and Amistad. We also have
the entire Godfather series so
you can watch them in order

- a wild and amazing trilogy
which lasts over 9 hours.
If you want humor we
have Legally Blond (One and
Two), The Bee Movie, How to
Murder Your Wife, Laws of
Attraction, My Cousin Vinny
and Liar Liar. We also have
dramas including, Runaway
Jury, To Kill a Mockingbird,
the Verdict, Under Suspicion
and many more!

Study aids available to students
By Charles Finger
Asst. Director ~fLa'W Library

The Circulation Desk is
more than a place to find library or reference assistance.
It is also home to our Reserve
Besides the Texas Litigation Guides, this collection
also contains popular study
material such as the Nutshell
Series, the Hornbook Series,
Understanding the Law Series, and the Examples & Explanation Series. All of these
books are topical study aides
for law school courses and
can provide further explanation of legal concepts.
The Reserve collection

also contains a copy of all
textbooks for classes. During
the daytime all Reserve items
can be checked out for a period of four hours. During the
evening (after 8:00 pm) most
reserve items can be checked
out overnight. Simply return
them by 10:00 am the next
Would you like a refresher
on searching LexisNexis or
Westlaw? Do you need some
help in setting up an daily
Alert on LexisNexis or Westlaw? Would you like help in
using the electronic citation
services such as Keycite or
Shepards? Do you want some
assistance on registering and
using LoisLaw? Are you

working on a paper and need
some help? Confused over
how to search some of our databases? Trying to find what
study aids are available? Let
our experienced Law Librarians help.
The Sarita Kenedy East
Law Library is offering 30
minute research appointments for law students. Suggest the time and day which
would be convenient for
you and let us. Please go to
the electronic form at http:// and
we will contact you.

Spotlight: St. Mary's first China summer program
Director ifLa·w Library

St. Mary's University School
of Law in San Antonio and
Beihang University in Beijing
invite you to participate in a
summer program on the law
of representing clients doing
business with China. Students
who have successfully completed one year of studies at
an ABA- or state-approved law
school are eligible to enroll.
The St. Mary's University
School of Law Institute on
Chinese Law and Business is
a new program of legal studies that prepares law students
for the challenges of representing clients doing business with
Chinese partners. Through an
array of business-related courses, field trips, and guest speakers, the Institute introduces
students to the Chinese legal
system and the instruments of
international and domestic law
governing cross-border sales
of goods, protection of intellectual property and investments.
Participants learn about
the practical realities of doing
business in China, as well as
the dispute resolution mecha-

nisms that play a large role in
enforcing private agreements
between enterprises in China
and the United States.
Beihang University is a preeminent Chinese university in
science and engineering, with
48 undergraduate programs,
144 masters' programs, and
49 doctoral programs and approximately 23,000 students.
Beihang University School of
Law offers LL.B. and LL.M.
degree programs. The school's
various research centers and
institutes include the International Law Center and the Research Center for Anglo-American Law. Dean Weiqiu Long
and Associate Dean Xinqiang
Sun, both of whom were Fulbright Scholars in the United
States, have each spoken at St.
Mary's home campus in Texas
and published in the St. Mary's
Law Journal. Associate Dean
Sun will teach a course as part
of the new Institute.
Apply now to secure your
spot. Class sizes are limited.
Contact Director Hu 210-4312056 or Professor Johnson 210431-2131 for more information.





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Catholic Identity

Page Five

The Legal Minute

Students use free time to help others

Holly Gonzalez

Campus Minister

March 2010

By Sister Grace Walle
Each year, St. Mary's law students participate in alternative
spring breaks designed to help
those that are less fortunate.
For the past several years, St.
Mary's has worked with Habitat
for Humanity in New Mexico.
This will be our first year working
with the New Orleans Habitat for
Humanity. Last year, we participated with relief efforts in New
Orleans by working with the Louisiana United Methodist Disaster
This year, there are two options for the alternative spring
break: New Orleans Habitat for
Humanity and Proyecto Azteca in
The New Orleans Habitat for
Humanity is working to eliminate
poverty housing in New Orleans.

Managing Editor
Blaise Regan
Contributing Writers
Benjamin Whitledge
Mark Laneman
Charles Finger
Sister Grace Walle
Jay Wiley
Una Seikh
Melissa Anderson
Victoria Bongat
Atbert Nguyen
Christopher Spence
Contributing Profes.sors
Professor Richard Flint
Professor Robert Hu

This organization works with
sponsors, volunteers, communities and homeowner families to
empower the families to change
their own lives. Through volunteer labor and donations, Habitat
builds simple, decent houses with
the help of the partner families.
The homes are sold to the families
at no profit, and financed with nointerest loans. Some students will
work with the City Attomey's office as needed.
Proyecto Azteca works to build
healthy and thriving communities
by assisting low income families,
traditionally denied home ownership opportunities, with the
construction of quality, affordable
houses. It empowers the families
to become responsible home owners with an enhanced quality of
life. The law students work with
immigration law issues and translations, and sponsor an afternoon

Letters to the Editor
The Legal Minute welcomes
letters to the editor. Please
e-mail aU submissions to

of fun for children from the colonias.
The service experience helps
students build lasting bonds
while having fun and enjoying
music and food in the "Big Easy",
or visiting South Padre with the
McAllen group.
The McAllen trip to work with
Proyecto Azteca will be March 15
through March 18. Work is Monday through Thursday. There will
be an opportunity to network
with law alumni.
The New Orleans trip to work
· with·Habitat for Humanity w\11 be
l\;:larch 14throughMarch 19. Work
wi.ll be Tuesday through Friday.
For the alternative spring breaks,
housing and gas is covered by
Law~inistry. This is made possible through support from our law
• ad;tninistration and SBA. Donati6'hs are always welcome to help

cover the costs.
For any questions, or to sign
up for one of these service opportunities, please contact Sr. Grace.
She can be reached by phone at
436-3063, by e-mail at, or in person. Her office is LFB 105.
For the McAllen trip, please
check with Michelle Garza, the
trip coordinator, for additional
information at mgarza14@mail.


Students pose with Sr. Grace at the Proyecto Azteca program in McAllen.

Religious Reflections

By Richard Flint ·
Professor at Law

Jesus came with his disciples into the house.
Again the crowd gathered, making it impossible for them even to eat.
When his relatives heard of this they set out to
seize him, for they said, "He is out of his mind."
Mark 3: 20-21
Some commentators have interpreted this
expression to mean that people say Jesus is
"out of his mind" in order to tone down the
shocking idea that He was opposed by his
own relations. Others note that the Gospel
writer was merely making a comment about
the behavior of the unruly crowd.
Now, it does not take a rocket scientist to
know that Jesus was not "out of his mind."
After all, He is the Son of God.

Thomas More

In my opinion, one interpretation of this
reading would be that Jesus was ju~t plain
different-he did not act the way people of
his day expected him to act.
In fact, Jesus was different, because he
hung out with the blind, the lame, prostitutes, and all the other drudges and outcasts
of his society. Jesus did not do what "normal"
Jewish people did in his time and place.
Society in general, both then and now,
looks down on certain segments of society
(like the poor or homeless) and thinks it
strange for people to want to associate with
"these types."
Others who modem society might perceive as "out of their mind"-- are those who
attend daily mass or spend an hour of adoration before the Blessed Sacrament.
I am sure that people that set their alarm
for 1:45 a.m. in order to wake up and go
and spend an hour praying before our Lord
would be viewed as strange and different by
those who think stepping inside a Church
more than on Sunday is "weird".
In our overly secular society, some might
even call people who attended daily mass
and adoration "out of their minds," or perhaps even label them as religious fanatics .
.• t~em_.a.s relipio~~ ~~~~tics.

Pray that, for the

God and in the pursuit of
with confidences, keen



Page Six

March 2010

A "living" constitution?
By Jay Wiley
Contributing Writer

The dominant jurisprudential
interpretation teaches that our U.S.
Constitution is a "living" document designed to keep up with the
spirit of contemporary social and
intellectual circumstances. After
all, those old white guys couldn't
have foreseen the Industrial Revolution, the internal combustion engine, or the ShamWow. I'm certain
they didn't dream the same document they painstakingly constructed on parchment by candlelight
would one day be perused via my
iPhone. We're a whole lot smarter
today than those dead guys in
wigs .. . right?!
Advocates of the "living" Constitution emphasize it is not a blueprint for our government with any
kind of fixed meaning, but merely
a starting point subject to the push
and pull of current passions. Chief
Justice Oliver Wendell Holmes,
one of the champions of this theory of constitutional interpretation,
likened the Constitution to an "organism," and Chief Justice Hughes
famously quipped, "The Constitu-

tion is what the judges say it is."
Legal scholars such as Harvard
Law professor Laurence Tribe even
argue there is an "invisible" Constitution that indicates what level
of emphasis to ascribe to the "visible" Constitution, adding that,
[T]he visible Constitution necessarily floats in a vast and deep ...
ocean of ideas, propositions, recovered memories, and imagined
experiences that the Constitution
as a whole puts us in a position to
glimpse. And what we glimpsewhat we come to comprehend
and remake in our own time's image-nurtures the living body of
governing law, something more
vibrant than an inert blueprint for
a possible system of government
or a set of political exhortations
about a conceivable structure for
governance . .. That swirling sea of
assumptions and experiences includes ... the lessons drawn from
thinking about the Constitution
and its presuppositions and from
the history of struggle to make it
real. The Invisible Constitution 9
(Oxford Univ. Press 2008).
Poetic though it may be, it is
nonsense. Unfortunately,

this view is so pervasive within
academia that it is repeated and
taught as though gospel truth.
Dissenters are often dismissed as
out-of-the-mainstream at best, and
drooling simpletons at worst.
This thinking is harmful to the
law and public policy because it
renders the Constitution subject to
the whims and varying interpretations of vastly different people
with vastly differing views, convictions, and premises on which they
rely. The Constitution becomes
merely a mirror in which one can
see the expression of their particular values or narrow agenda. As
the Founders feared, this method
of interpretation permits judges to
fill in that which is nonexistent in
the Constitution through the discovery of new rights not intended
at the Founding. Judge Robert
Bork points out that that is exactly
the process the Supreme Court in
Griswold v. Connecticut followed
when they invented the "right of
privacy," leading to the even more
opaque "right of personal dignity
and autonomy" in Planned Parenthood v. Casey, and so forth.
The Constitution is a document


marriage:. th_ unpopular truth

By Una Seikh

of the traditions or either
is great, but the life is not. I
grew up looking Mexican,
but feeling Indian.
Race can be a very
exclusive club. Looking
Mexican never helps you
in an Indian community.
Not knowing Hindi well
enough is an even bigger
detriment. Not speaking
Spanish is a detriment in

of political genius precisely because of its firmness in the face of
evolving thinking and the immediacy of current events-it preserves
our liberties from governmental
authority in spite of the everchanging political winds and our
own provincial interests. A profound point can be made through
strict fidelity to the original meaning of the Constitution-it declares that America has enough
faith in the will of its people to
trust they will change the Constitution through democratic means
when warranted, not through the
convention the Supreme Court has
become. Proponents of a "dynamic" Constitution find themselves
guided by the whims of popular sentiment, directionless, and
adrift. The Constitution was not
designed to be, and should not become, a grand inkblot test for the
Supreme Court.
Though the Supreme Court is
tasked with the duty of interpreting the Constitution, it is the Constitution itself, not what is said
about it in the more than five hundred volumes of the U.S. Reports,

Contributing Writer

It is hard to be politically correct when discussing race.
It is even harder when
you are talking about mixing the races because it is
a sensitive and confusing
Being the child of an
interracial couple has been
one of the most difficult
things in my life. It may be
the wave of the future, but
those who bear the cost are
the children.
My mother is a Catholic M exican American and
my fa ther is a first generation Indian and fresh off
the boat of th e ever so popu lar (all sarcasm intended)
M uslim faith.
A recipe for disa s ter?
Yes. My p aren ts divorced
when I w as three years
old. C ould it have b een
the cultural d ivid e ? M ayb e. Being optim istic, one
could say that I was born
of a rich cultural and religious herita ge with foods
and languages so diverse.
However, the common
language between my
parents was English and
so I have struggled to
learn Spanish and Hindi
because I lack tra ining in
both. I did not learn either

Texas, e specially when
you look the part. I have
had fellow Mexicans constantly question me about
why I did not bother to
learn and why my parents
did not teach me. I have
had fellow Indians tell me
that I could not possibly be
Indian. I assure them I am

only half.
If I sound bitter, it is because I am and I want people to know that it is not
easy. It may sound exotic,
but it is hard work.
A prevalent question
is whether we should discourage interracial marriage because it is hard
for children. In October
of 2009, a Louisiana Justice of the Peace, Keith

Baldwell, refused to issue
a marriage license to an
interracial couple because
he believed the marriage
would be unjustly difficult
on the children. However,
that is like saying that we
should have never allowed
desegregation because the
road was w rought with

Change is never easy
but it does not mean that it
should be avoided.
Parents need to learn to
be considerate of the fact
that their children may
not be at an advantage
culturally, unless they are
exposed, educated and
taught to love and respect
both sides of their heritage. The languages and

traditions of both parents
should be instilled in their
children from an early
age. Parents should also
be ready for the possibility that their children may
not be accepted, and give
them the tools and preparation to deal with that.
Children need to feel free

that is the supreme controlling
authority. Ever notice that when
faced with a particularly sticky
constitutional dilemma, the Supreme Court tends to rely on the
bare text of the Constitution for
Maybe those old dead guys
knew what they were doing after
Jay Wiley serves as president of
The Federalist Society for Law &
Public Policy Studies.

pressed 1m 11\nese <:om:mBntades a;re those of

the aU'thors only. The Mi.Rute iRYiires law
s~ents to suhmit GOlnmentaries expTe~ epposin~ viewpolrnts.

Journal Bc.arel 2111-2~11
to identify with either one
of their heritages, but they
should not be limited. Parents need to understand
that identity will always
be a challenge for their
My experience as
a child of mixed heritage
was not pleasant, but being of two cultures can
be a beautiful thing if it
is done right. Multiracial
children are in a better position to foster an environment that is conducive to
understanding. Ironically;
it is the multi-racial children which will eventually
bring different communities together.
While I have n ever
been completely a ccepted,
I have learned to understand and love both sides
of my heritage. I learned
the commonalities b etween the two communities; the traditions m ay
differ b u t the core values
are the same. W ith globalization on the rise, it is
inevitable that interracial
marriages and multiracial
children will soon be a
large section of the population; so hand out the
marriage licenses and let's
go. Pretty soon everyone is
going to look like me.

:Tustin C. Roberts
'Ed'itor in Chief

Shawn Mechler
Executive Ed'itrar
Latl'Fl;l E. Cauiley
$ymlposic JEitit<Or

Sa!FJ;tuel J. Stennis
Solicitations!Articles Editor

Benrie R. Kray
Articles Editor

Lean J. O'Leary
Artictes Editor

Apdl Y. Quin ores
F<esearchfArtides Edt tor

Rebecca C . Bergeron
Comment Editor

Ti4'£an:y House
C&mment Editor

And rew Sirn!Ml!k
Comment Edi~o,r

Alexander J. Y<0aku:m
Comment Edi-tor

Please recycle
The Legal Minute.


Page Seven

March 2010

Dred vs. Roe
By Melissa Anderson
Contributing Writer

In the landmark case of Dred Scott v. Sandford, the Supreme Court protected the institution of slavery. More than
one hundred years later, the Supreme Court legitimized
abortion using identical justifications. Both Dred Scott v.
Sandford and Roe v. Wade decisions have protected human
destruction. In both of these cases, the life interest of one
party was outweighed by the interest in property or privacy
of the stronger party.
In deciding Dred Scott, the Supreme Court looked, not to
liberty interests, but to property interests. The life interest
of the slave was never recognized. The property interest of
the slave owner was thought to outweigh the interest of the
slave to his own life. Indeed, the idea that a slave was not a
man, but only property, was the view of the majority of the
The Dred Scott Court concluded that slaves were intentionally excluded from the Constitution. The Court held that
the word "citizen" did not apply to African Americans. The
Framers of the Constitution of the United States, the Court
held, intended that African Americans would be excluded
from any of the protections it embodied, thoroughly ignoring the fact that the Framers of the Constitution decided no
such thing, but sharply disputed and fought over the issue
of slavery until finally leaving the question to the next gen-

The Declaration of Independence itself was used by the
Dred Scott court to decide that African Americans were
intentionally excluded from the Constitution. Arguing intentional exclusion, the Supreme Court in Dred Scott was
able to apply the provisions of the Constitution in a limited
In deciding Dred Scott, Chief Justice Taney looked
to the historical practice of slavery in deciding that holding
an entire race in subjugation was perfectly reasonable. He
stated that slavery in England was commonly practiced reasoning, "No one seems to have doubted the correctness of
the prevailing opinion of the time." Because slavery was historically instituted, the court argued, human bondage was a
valid institution.
One hundred years later, the Supreme Court decided Roe
v. Wade on identical principles. Roe v. Wade disregarded the
life of the preborn infant and instead decided the case on
privacy rights in much the same way Dred Scott was decided on property rights. In making this decision, the Roe
court, for at least a moment, contemplated the life of the
preborn infant and struggled with the question of when life
begins, but in the end the life interest of the preborn infant
was swallowed up in the supposed privacy interest of the
Like the Court in Dred Scott, Roe v. Wade also declared
that fetuses were intentionally excluded from the Constitu-

tion. Justice Blackmun wrote for the majority of the court
and stated that the Constitutional definition of the word
"person" does not apply to the preborn infant in much the
same manner that the word '~citizen" . did not apply to African slaves more than one hundred years earlier. The Court
concluded that because none of the examples of "persons"
provided in the Constitution had any application prior to
birth, preborn infants were intentionally excluded from the
protections of the Constitution.
Again following in the footsteps of Dred Scott, the court
in Roe upheld abortion by looking into the historical basis of
the abortion. First the court examined the attitudes present
in the Persian Empire, Greece and Rome before looking to
modern trends in England and America. Again it was decided that because ancient civilizations practiced abortion,
it was acceptable in the United States as well.
In summary, the Dred Scott v. Sandford opinion decided
slavery on the issue of property rights and intentional Constitutional exclusion while looking at the historical basis
of slavery to decide that the practice was legitimate. More
than one hundred years later, the Supreme Court decide d
Roe v. Wade on the issue of privacy rights and intentional
Constitutional exclusion while looking at the historical basis
of abortion to decide that the practice was legitimate. Perhaps the Justices have not yet realized that history is usually
something that should not be repeated and that the Roman
Empire, with its abortion and slavery, ultimately fell.

Law students share their summer experiences
By Victoria Bon gat
Contributing Writer

What did you do for the summer?
That is a pretty standard question at the
beginning Qf .the. school year, but not one
normally asked less than two months into
the spring semester ... unless you are a law
student who is looking toward the future.
During the second week of the semester,
a panel of students spoke about what they
did during the previous summer and gave
advice to peers about the upcoming summer.
Second-year law student Clare Pace
worked as an intern for a criminal defense
firm located in San Antonio. She said she
learned about it by word of mouth through
a friend .
"Since I had not taken Evidence or Criminal Procedure yet, it was a very helpful
experience because not only did I have to
teach myself many basic concepts but I also
honed my research skills," said Pace when
asked to describe the most worthwhile thing
about her internship.
Her advice to her peers is: "Be flexible!"
She said she contacted people from
home, told her friends she was looking and
just kept her ears open.
"I believe that following up on each opportunity is something that many students
fail at," Pace said. ''I'm now in the position
to suggest friends for internships and it
amazes me how many people simply don't
follow through by sending me a resume and
taking the initiative to get the job that they
Pace plans to continue working at the
D.A.'s office while taking summer classes.
Justin Roberts, another second year law
student, worked for two small firms in Tyler,
Texas. One was a civil defense firm, and the
other was that of a solo practitioner criminal
defense attorney.
"I knew the criminal defense attorney
from high school mock trial, so I got in contact with him to see if he wanted some extra

help," Roberts said. "Through another law"Paying attention and being engaged hone in a little further on a particular pracyer, I met the partners of the civil defense with the opportunities that we present is tice area you know you want to work in,"
firm ."
really important," she said. TolLs, Patrick Patrick said. "I think also, second summer is
Roberts said the key was his willingness said, "I think the best thing you should do more geographically-tying."
She recommends that students who
to volunteer so that he could get the experi- for your first summer is get the most sub. stantive legal experience possible."
know they want to be in Austin, Dallas,
"I learned two valuable things," ·Roberts
She described it as the place where they Washington D.C., or some other specific city,
said. "First, your clients are real people with are going to get the most opportunity to remake sure they spend their second summer
families, lives, property, and passions-they search, write, interact with clients, and have there, so they can get ingrained in that legal
really rely on you to take care of them and
attorneys who are going to take them under community.
For any students wondering whatever
to protect everything they've earned in their their w ings.
life. Second, I learned that it's important to
"Working provides you with a differ- happened to the lazy days of summer from
develop your balance between work and ent skill-set than classroom instruction, but their youth, they mus t remember that they
a balance between those two is some thing a re no longer children-free to laugh, play,
family early on-you really have to be intentional about how you spend your time."
you should really strive for," Patrick said. and recharge without strategizing and plan"You don't want to take your entire summer ning out the rest of their lives.
This summer, Roberts will work for a
to just relax."
Forward-thinking is the way to be, e spefederal magistrate in Tyler during the first
half of the summer, and spend the latter half
Patrick said putting skills to use in a
cially in the current climate of tough economic times. Even though summer may
working for Watts Guerra Craft LLP in San practical setting will set students apart from
their peers.
seem like it is too far away, now is the time
Many students are considering the Inns"I
summer for students to be proactive and prepare to
bruck program with St. Mary's University
should be a summer where you might put themselves into the real world.
School _ Law as a way to spend some of
Stu's Viiews
their time.
Kathy Oar, a third-year law student,
went to Innsbruck during the summer after
her first year of law school.
"This has been brought up at every single interview I have had since," Oar said. "It
is a topic that employers like to bring up."
She worked for a solo-practitioner who
focused on personal injury law last summer,
where she drafted motions, attended pretrial hearings, worked on discovery, created
legal presentations, attended a mediation,
and met with clients.
"The best part of this experience was
simply being around lawyers, judges, clerks
and the courthouse," Oar said. "This experience gave me confidence-now I know I can
apply what I've learned in the class room."
Oar said she plans on studying for the
bar exam this summer.
Suzanne Patrick, Director of Career Services for the Law School had many sugBeing a summer associ ate is great!
gestions about law students' summertime
The firm, P 'r etends t:o be fun and
pursuits and making plans for the vacation
I pretend

I"m corning


Page Eight


All is fair in love and war
By Albert Nguyen
Keith Urban and Nicole Kidman
According to, the prenup agreed upon by the Australian couple
nets Urban $640,000 for every year that
he is with Kidman. Furthermore, there
is a clause in the agreement that states if
Urban, a former cocaine addict, uses illegal drugs he will not receive a cent of
Kidman's fortune which is estimated at
around $150 million. The agreement also
states that if the couple has any children
together that they are to have joint custody.

Contributing Writer

We have all heard at least one version of
the saga surrounding Tiger Woods and his
endeavors away from the golf course. What
most people have not discussed, are the legal implications that a divorce could have on
his life. Woods recently became the first athlete in history to earn more than one billion
dollars during his playing career, most of
which came from advertising endorsement
q.eals with major international corporations.
Although no other athlete comes close to
Wood's career eamings, there are many athletes and celebrities who have become multimillionaires in their respective professions
due to their talents and gifts. Since there is
so much personal capital involved, these celebrities should seriously contemplate entering into prenuptial agreements before marriage, or any other civil union, because they
could lose up to half of all their assets if the
relationship does not work out. A "prenup"
can vary widely, but they commonly include
provisions for division of property in the
event of a divorce.
Typically, divorce attorneys charge hourly fees ranging from $75 to $400, depending
on the type of work that must be done. Some
attorneys charge flat fees varying from $200
for filing a motion to $25,000 for handling all
aspects of a divorce. Therefore, the total cost
for a divorce could end up totaling to a very
large sum of money, especially if the process

client elects to pay by the hour.
Here is a list of some of the prenuptial
agreements signed by a few notable celebrities:
Tiger Woods and Elin Nordegren
According to Esquire Magazine, in 2004,
they both agreed on a prenuptial agreement that consisted of a $20 million payout to Nordegren if they were to get a divorce after 10 years of marriage. However,
after Woods' admitted transgressions, he
initially offered her $5 million to stay with
him (which she tumed down). Woods then
restructured the prenup to state that if she
were to stay with him for an additional two
years, she would receive $55 million; and if
she were to stay with him for an additional
seven years, she would receive $80 million.

Charlie Sheen and Denise Richards
As reported by Esquire Magazine, going
into their marriage, it was apparent that
there were already doubts because they both
agreed on an element regarding infidelities
in their prenuptial agreement. Sheen and
Rich ards signed an agreement that awards
a spouse $4 million if the other one cheats.
Tom Cruise and Katie Holmes
According to Esquire Magazine, Holmes
used her prenup to make marrying Cruise a
lucrative proposition from a business point
of view. The agreement states that for each
year the couple stays married, Holmes collects $3 million. If the marriage does not last
for 11 years, the prenup is voided and Holmes receives half of Cruise's entire fortune.

Brad Pitt and Angelina Jolie
My states that although Pitt
did not have a prenup with Jennifer Aniston,
he deemed it necessary to have one with Jolie. The agreement guarantees Jolie custody
of the kids if the marriage goes south. However, the financial implications are too difficult to find.
Lamar Odom and Khloe Kardashian
The New York Daily News reports that Kardashian will reportedly receive $500,000 for
every year they are married, $25,000 a month
in general support, their new house, a new
luxury vehicle at the end of every lease cycle, $5,000 a month for shopping, $1,000 for
beauty care, and courtside Lakers tickets for
everyone in her family.

Stu's Vievvs

San Antonio Hot Spots
Main Street Pizza - With a small pizza large enough to feed an individual starting at three
dollars, this is probably one of the cheapest places to grab grub in San Antonio. In addition to
pizza, Main Street also specializes in pasta dishes. Not only are they renowned for their low
prices but also for their amazing sweet tea. Tip: Show your college ID to get a free iced tea.

Rock Ice and Fruit- Located around the corner from St. Mary's, this place has to be a mecca
for vegetarians and those who simply love fresh fruit. With its close proximity to campus and
quick service, this is a far healthier choice for a snack then anywhere on campus. A gigantic
bowl of fruit cost less then six dollars and their yogurt fruit combination drinks make a wonderful cheap and healthy meal substitute. Tip: Go for the yogurt, as it is homemade on site.

ShoGun Japanese Steakhouse - It is not only cheaper than the popular Benihana, with
lunch running around eight dollars, but far more flavorful. Do not go expecting an extensive show, because while the theatrics are decent, the quality of the food and large
portions are what make this places one of my top lunch destinations. Tip: Lunch is
way cheaper then dinner; however, they are closed for lunch on Monday and Tuesday.

La Posada Del Ray- While there is no shortage of amazing Mexican restaurants in the Alamo
City, Posada Del Ray stands out from the crowd. Located in the upscale area of Lincoln Heights
it is a little far from St. Mary's but worth the drive. The food has an extremely fresh taste, the
service is quick and speedy, and the drinks are generously poured. Tip: Ask for a suicide margarita in a fishbowl, but make sure you have a designated driver if you drink more then one!



















Koreana- Located on Harry WurzbachandRittiman, this restaurant serves amazingly authentic Korean dishes that will have you coming back again and again. With heaping plates of barbeque pork and beef (Bulgogi) and too many side dishes to count for every meal, Koreana is a
veritable paradise for the world traveler (and thosewantingtomake thatimpression). Tip:After
dinner ask for SuJung Wa, a sweet cinnamon drink that makes a perfect non-fattening dessert.
Compiled by Christopher Spence
















St. Mary's University School of Law Student Bar Association, “The Legal Minute March 2010,” St. Mary's Law Digital Repository, accessed November 14, 2019,

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