Browse Items (223 total)

STMU_TheScholarStMarysLRev_v15i4p0875_Stanley.pdf
Senseless violence and tragedy plagued our nation throughout 2012. This Comment begins by providing a brief discussion of the role of mental illness in our society, followed by an overview of legislation regulating the use of firearms in our…

STMU_TheScholarStMarysLRev_v15i4p0829_Puryear.pdf
This Comment discusses recent changes to women's health care in Texas. Part II discusses the history of legislative funding for family planning. Part III examines the dramatic effect the most recent legislative changes have had on women's healthcare…

STMU_TheScholarStMarysLRev_v15i4p0797_Krautmanis.pdf
It is essential to the national fight against obesity that institutions of higher education implement uniform PE requirements. Part I provides a background to the obesity epidemic, and a brief history of PE in the United States. Part II analyzes the…

STMU_TheScholarStMarysLRev_v15i4p0745_Iussa.pdf
This article reflects upon interactions with students and law faculty peers during the course of my recent pregnancy and posits that my students held certain perceptions, related to teaching effectiveness and my ability to be fair and unbiased, which…

STMU_TheScholarStMarysLRev_v15i4p0715_Hasani.pdf
The Article will first provide definitions of "democracy" and "Islam" by extracting common meaning of both concepts. These two terms are often interpreted as contrary ideals, depending on the region, set of individuals or collective societal thought…

STMU_TheScholarStMarysLRev_v15i4p0689_Caffrey.pdf
Sexually charged evidence-admitted under a consciousness of guilt theory-is utilized to convict women based on their character and not for their alleged crimes in criminal cases across the nation. This form of evidence is biased because it exploits…

STMU_TheScholarStMarysLRev_v15i3p0651_Cobb.pdf
The legal issue is that DACA is not a law; it is a non-legislative rule for the exercise of prosecutorial discretion as deferred action, and as such has legal limitations that affect DACA applicants and recipients. Deferred action and non-legislative…

STMU_TheScholarStMarysLRev_v15i3p0603_Byrd.pdf
The purpose of this essay is to explore the harsh consequences of the good moral character requirement and the expansion of the term "aggravated felony" as it impacts veterans. Part I examines the history of the good moral character requirement in…

STMU_TheScholarStMarysLRev_v15i3p0567_Robertson.pdf
This Note analyzes the constitutional implications of detaining and deporting U.S. citizens within the complex conjunction of "immigration control and criminal enforcement."" Part I identifies the growing problem and its severe consequences. Part II…

STMU_TheScholarStMarysLRev_v15i3p0535_Piatt_Ambler.pdf
Introduction; Bullets Across the Border; Historical Perspective; Republic to State; U.S.-Mexico Border Treaties; The U.S.-Texas Border with Mexico Today; Texas Armed Forces; Texas Military Forces; Texas Department of Public Safety; The New Texas…

STMU_TheScholarStMarysLRev_v15i3p0437_Hing.pdf
I begin this Article with an account of how I came to represent Oscar Martinez. Next, I review the "Morton Memo," from John Morton, the DHS’s ICE unit,which establishes guidelines for exercising prosecutorial discretion. According to these…

STMU_TheScholarStMarysLRev_v15i3p0385_Greer_Dyle.pdf
This Article will highlight the horrendous nature of human trafficking by exposing the physical and psychological injuries victims are likely to endure and by demonstrating how a victim suffering from extreme injury may utilize methods alternative to…

STMU_TheScholarStMarysLRev_v15i2p0341_Quintanilla.pdf
This Comment will focus on the failure of the United States' agriculture subsidies to conform to rapidly changing economic and societal factors. Next, this Comment will examine the factors and agents driving agriculture policy. Finally, this…

STMU_TheScholarStMarysLRev_v15i2p0293_Raba.pdf
This Note addresses a less frequently cited gay rights issue affecting same-sex relationships-the interplay between the Full Faith and Credit Clause and state laws governing issuance of supplemental birth certificates to out-of-state adoptive parents…

STMU_TheScholarStMarysLRev_v15i2p0261_Ellement.pdf
This Note will analyze the purpose and history of the VRA. It will analyze Congress' authority to enact legislation in the area of voting rights. Furthermore, this Note discusses the Court's decision in NAMUDO and Chief Justice Roberts' and Justice…

STMU_TheScholarStMarysLRev_v15i2p0213_Tibbals.pdf
I use historical sociology to explore the research question-Why, in spite of its legal and protected status, is adult content and adult content production still a stigmatizing and polarizing dimension of U.S. culture? A historically grounded…

STMU_TheScholarStMarysLRev_v15i2p0185_McKneelen.pdf
The purpose of this Article is to compare state compensation statutes in an effort to assist those working to enact compensation legislation. Inevitably, legislators want to know what other states are doing and the content of other state compensation…

STMU_TheScholarStMarysLRev_v15i1p0139_Watson.pdf
Ultimately, the children of same-sex unions are left without the financial or emotional support of one of the parents, and with significantly fewer rights than children from opposite-sex unions. Part II of this Comment will provide a legal background…

STMU_TheScholarStMarysLRev_v15i1p0097_Meals.pdf
Introduction; Background; Who are the Hungry?; Enter Food Justice: A Community Movement for
Change; No Right to Food in the United States?; Urban Communities; White Flight: A Brief History of Segregation and Ghettoization; Grocery Stores Leave Urban…

STMU_TheScholarStMarysLRev_v15i1p0063_Lees.pdf
The payday lending industry must be regulated. This Note argues that the Thirteenth Amendment of the United States Constitution, which formally ended slavery, is the proper vehicle for Congress to impose federal usury caps on payday loans. In order…

STMU_TheScholarStMarysLRev_v15i1p0029_Flannery.pdf
With only one court having decided the issue thus far, the question remains whether animal rights groups should continue to seek Thirteenth Amendment protection for animals.32 This Note will first discuss the current debate between animal rights and…

STMU_TheScholarStMarysLRev_v15i1p0001_Spence.pdf
My thesis is that the best interests of children are not served by severing the familial bonds contemplated by international adoption law. The legal framework that guides international adoption needs to be revised to take into account the…

STMU_TheScholarStMarysLRev_v13i4p0673_Hernandez.pdf
Allowing discovery of immigration related facts in civil claims may lead to not asserting rights, or seeking any kind of relief for fear that: (1) their immigration status will be discovered by authorities who will initiate deportation; (2) there…

STMU_TheScholarStMarysLRev_v13i4p0631_Auster.pdf
This Comment seeks to explain the catch-22 experienced by for-profit colleges, address reports of fraud and misrepresentation, and analyze the new Department of Education (DOE) regulations designed to increase the transparency and accountability of…

STMU_TheScholarStMarysLRev_v13i4p0615_Jeffcott_Watts.pdf
This Article revisits the standard employed to assess the constitutionality of racial classification. In acting within their judicial capacity, trial judges are considered government actors, and accordingly, as government actors, any judicial acts…

STMU_TheScholarStMarysLRev_v13i4p0583_Solomon.pdf
This Article examines the foundations of law and justice in American jurisprudence to illuminate the Court's decision in Kennedy. Drawing on the philosophy of retributivists, primarily Immanuel Kant, this Article embraces the principle that justice…

STMU_TheScholarStMarysLRev_v13i4p0529_Bernal.pdf
Several ethical issues arise when serving as both the interpreter and mediator, especially in the context of neutrality and confidentiality. Part II of this Article gives a brief overview regarding ADR and mediation (focusing on Texas law),…

STMU_TheScholarStMarysLRev_v13i3p0483_Colby.pdf
The purpose of this Comment is fivefold. First, it will describe AD and explain the significance of the disease with respect to financial capacity and contract law. Second, it will inform the reader of the existing legal protection available to…

STMU_TheScholarStMarysLRev_v13i3p0433_Angelone.pdf
The aim of this Comment is to create a legislative paradigm shift by viewing status offenders, particularly habitual truants, as "children who committed no crime but who need a helping hand in getting back on track."" We must ensure the Texas…

STMU_TheScholarStMarysLRev_v13i3p0405_Gonzalez_Corbin.pdf
Understanding the nature and extent of children's exposure to violence is essential to combating its effects. This Essay also provides suggestions for legal reformation that may provide a more effective means of addressing the cycle of violence in…

STMU_TheScholarStMarysLRev_v13i3p0395_Shimek.pdf
When the marriage mission fails and divorce is on the horizon, it is imperative that both parties, especially the non-military spouse (and their attorney), understand the array of possible benefits to which their military spouse is, and will be,…

STMU_TheScholarStMarysLRev_v13i3p0363_Ritter.pdf
This Article discusses the progression of Perry from the filing of the case to its current status before the Ninth Circuit. It also offers an in depth analysis of both the history of the case and the trial court's decision, hopefully serving as a…

STMU_TheScholarStMarysLRev_v13i2p0317_Ray.pdf
The adult criminal justice system is worse for juveniles who commit crimes. Underlying principles upon which the juvenile justice system was founded remain viable and worthy goals, and Texas law should reflect that understanding. Part II traces the…

STMU_TheScholarStMarysLRev_v13i2p0273_Mendonsa.pdf
To eliminate employers' reflexive reactions toward employees with HIV, courts must adopt Title I's motivating-factor causation standard for employment discrimination claims under sec. 504. Part II of this Note discusses the invidious nature and…

STMU_TheScholarStMarysLRev_v13i2p0231_Piccard.pdf
This Article proposes that the United States should ratify the ICESCR. The treaty's requirements are to be met over a period of time, according to the abilities of each member state. This ought to eliminate concerns about interference with the United…

STMU_TheScholarStMarysLRev_v13i2p0201_Merjian.pdf
In the eyes of many Americans, Mississippi enjoys an infamous, even paradigmatic reputation for its history of profound inequality and injustice. In the early autumn of 2005, the disastrous Hurricane Katrina revealed to many that Mississippi's status…

STMU_TheScholarStMarysLRev_v13i2p0149_Harris.pdf
The aim of this Article is twofold. First, this Article aims to provide a foundation for lawyers who represent transgender students and how these advocates can protect their clients' rights to express their gender identity. Second, this Article aims…

STMU_TheScholarStMarysLRev_v13i1p0105_Ramos.pdf
Texas has taken a pioneering step by creating § 37.0831 of the Texas Education Code (the Teen Dating Violence statute) requiring Texas school districts to implement a dating violence policy in their schools. However, as this Comment will show, the…

STMU_TheScholarStMarysLRev_v13i1p0067_Sosa.pdf
This Note briefly addresses common law origins of the implied warranty of habitability, focusing on the case law in California, and then examines the parallel development of the health and safety housing code. The Note discusses successes and…

STMU_TheScholarStMarysLRev_v13i1p0029_Farley.pdf
This note details the relevant portions of the FHA and FHAA, and discusses design and construction cases generally. It reviews the first of the three judicial responses to the limitations question: the discovery rule. Then it reviews the second…

STMU_TheScholarStMarysLRev_v13i1p0001_Aka_Deason_Hammond.pdf
This study tackles whether political ideology influences the adoption of English-Only laws in the United States'-and, if so, to what degree? To answer this question, we collected data from across various U.S. states that we then analyzed, using…

STMU_TheScholarStMarysLRev_v12i4p0585_Abodeely.pdf
Discussess several current cases similar to Elane Photography. Part I discusses discrimination in public accommodations. Beginning with Romer v. Evans in 1995, this Comment follows the modern history of the fight for LGBT equality. Part II focuses on…

STMU_TheScholarStMarysLRev_v12i4p0551_Olivo.pdf
The issuance and integrity of our nation's security classifications is of obvious importance. The CIA, the FBI, and the armed forces all have excluded homosexuals from the pool of patriotic citizens who qualify for the important task of safeguarding…

STMU_TheScholarStMarysLRev_v12i4p0523_Concepcion.pdf
This Article proceeds in five parts. Part II explores the purpose of the FCRA and the requirements imposed upon employers interested in procuring credit reports for the purpose of evaluating a job applicant. Part III examines the statutory framework…

STMU_TheScholarStMarysLRev_v12i4p0483_Cadik_Glanz.pdf
Our recommendations section proposes specific strategies to increase turnout in South Texas and make Texas Democrats more competitive in statewide elections in 2010. We find that those solutions that directly address the underlying systemic problems…

STMU_TheScholarStMarysLRev_v12i3p0443_Aguon.pdf
Pennsylvania requires its school districts to address the needs of its gifted students, but their duty is limited to the use of their existing educational resources. I suggest rejection of this limitation under a modified model that uses a subjective…

STMU_TheScholarStMarysLRev_v12i3p0403_Field.pdf
Throughout the past fifty years lawyers and education advocates have used the court system to try to equalize educational opportunities in this country and close the achievement gap. Scholars have previously characterized these cases in two waves:…

STMU_TheScholarStMarysLRev_v12i3p0385_Solak.pdf
Both Texas and the nation seek to provide all students with an equal opportunity to education. What "equality" looks like in practice, however, can differ not only state to state, but from district to district
and even from school to school. This…

STMU_TheScholarStMarysLRev_v12i3p0355_Chin.pdf
Students of color have to contend with numerous obstacles in education including the "accent bias" obstacle. Accent bias exists in K-12 education. Just as accent bias is found in the workplace, it is also found in the classroom. Studies reveal that…

STMU_TheScholarStMarysLRev_v12i3p0347_Kauffman.pdf
I commend The Scholar: St. Mary's Law Review on Minority Issues both for dedicating its Symposium to the important, historic, and timely issue of education civil rights of minorities and for inviting and editing four excellent articles on the topic…
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