Browse Items (1416 total)

STMU_TheScholarStMarysLRev_v14i2p0447_Kwapisz.pdf
This Note examines the inadequacy of legal remedies available to sexual minorities in medical emergencies based on a discussion of four selected cases. The analysis of these cases reveals that regardless of whether in conformity or defiance of the…

STMU_TheScholarStMarysLRev_v14i3p0715_Haas1.pdf
I chose a clinical model in which students would experience a multi-faceted engagement with clients that is not designed to transmit any predictable lessons other than the notion that lawyering is inherently unpredictable, requires openness to…

STMU_TheScholarStMarysLRev_v10i4p0373_Grieser_Jacques_Witmer.pdf
In this article we reconsider the impediments to American Indian religious practice by focusing on the United States Supreme Court's ruling in Lyng v. Northwest Indian Cemetery Protective Association. Although almost two decades old, the Lyng…

STMU_TheScholarStMarysLRev_v14i3p0767_Meneses.pdf
The effects of current crime-based grounds of removal are most egregious when applied to deportation of lawful permanent residents. Sometimes a lawful permanent resident faces removal immediately after his arrest or his release from law enforcement…

STMU_HomecomingCLE2013KauffmanAexhibitsMALDEF.pdf
Judgement holding Texas school finance system unconstitutional, Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be resolved by…

STMU_HomecomingCLE2013KauffmanAjudgment.pdf
Exhibits used by Texas Taxpayer and Student Fairness parties at argument Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be…

STMU_HomecomingCLE2013KauffmanBexhibits.pdf
Exhibits used by MALDEF at argument Feb. 4, 2013. Kauffman, who worked on the Texas School finance litigation for 20 years, will describe the basis for the district court decision and how those issues might be resolved by the Texas Supreme Court.

STMU_TheScholarStMarysLRev_v07i2p0151_Clarke.pdf
Section 1983 of Title 42 of the United States Code (originally, and more colorfully, known as Section One of the Ku Klux Klan Act, and also known as the Civil Rights Act of 1871) is the workhorse of modem civil rights litigation. Section 1983…

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…

1TexasEducationRev27.pdf
In this essay, I argue that the “same” standard is the best for Texas’s future. I will describe the significant barriers to reaching this standard; but the barriers are not insurmountable, even within the realities of Texas budget constraints.…

STMU_HomecomingCLE2012KauffmanAoverview.docx
This presentation will focus on the arguments and upcoming decision on appeals of the Affordable Health Care Act, the Arizona immigration enforcement statute, and the Texas Redistricting Decision.

STMU_HomecomingCLE2012KauffmanBvotingRights.docx
This presentation will focus on the arguments and upcoming decision on appeals of the Affordable Health Care Act, the Arizona immigration enforcement statute, and the Texas Redistricting Decision.

STMU_HomecomingCLE2012KauffmanCimmigrationPaper.docx
This presentation will focus on the arguments and upcoming decision on appeals of the Affordable Health Care Act, the Arizona immigration enforcement statute, and the Texas Redistricting Decision.

STMU_TheScholarStMarysLRev_v08i1p0017_Almanzan.pdf
This comment advocates for the right of physicians to assert constitutional rights on behalf of indigent patients in an action against the State of Texas for equitable reimbursement rates under the Medicaid Act. Part I of this comment explores the…

STMU_TheScholarStMarysLRev_v04i2p0405_Neill.pdf
The purpose of this comment is to educate and inform readers about the issue of providing nonemergency care for illegal immigrants. This comment will provide a historical background of the various factors that have led to the rise of undocumented…

STMU_TheScholarStMarysLRev_v05i2p0179_Lopez.pdf
Irma Rangel was truly a pioneer. In 1977, she was the first Mexican-American woman to be elected to the Texas House of Representatives, and she was the first woman to serve as chair of the Mexican-American Legislative Caucus. Additionally, she was…

43ArkLRev131.pdf
The purpose of this article is to demonstrate that ante-mortem probate is a viable technique which could serve to reduce the problematic side of the current post-mortem system and provide a wide range of benefits to a significant segment of the…

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_v14i4p1035_Haugen2.pdf
This Comment examines the changing view of domestic violence in the United States, from an essentially taboo topic to the subject of major federal legislation (VAWA) aimed at reducing the horrific number of domestic violence cases across the country.…

STMU_TheScholarStMarysLRev_v08i2p0277_Perez.pdf
Although these recent proposals attempt to devolve immigration authority to state and local authorities, immigration has long been recognized as a distinctly federal concern. It takes a stretch of the imagination to expect that after several years of…

STMU_TheScholarStMarysLRev_v09i1p0151_Hausenfluck.pdf
This comment focuses on a pregnant teenager's right to an education in Texas while emphasizing that alternative schools may not provide an equal or the best education for a pregnant student. Part II provides a legal and historical background of a…

84UColoLRev529_Hardberger.pdf
In 2008, while Atlanta residents freely watered their lawns, several nuclear power plants in Georgia almost shut down due to drought-induced water scarcity. This absurd reality stemmed from the misunderstood and almost wholly unregulated relationship…

4NwJIntlHumRts331.pdf
The purpose of this paper is to demonstrate the need to establish water as a human
right and thereby raise the right to water to the status of customary international law. Water is necessary for the survival of all life, yet, over one billion of…

6SantaClaraJIntlL129.pdf
This paper evaluates the role of ethics in decision-making and how it could impact water resource management. Part II provides an overview of ethics, its sources, and how it can impact decisions and policy. Part III examines ethical theories that…

35TexTechLRev1212.pdf
Two aspects of groundwater require examination. The first issue is use and allocation. The second issue is protecting groundwater from contamination and pollution. The purpose of this comment is to demonstrate the immediate need for regional…

41TexIntlLJ533.pdf
The importance of water is difficult to quantify, but because it is necessary for survival, it deserves recognition as a human right. Although the right to water has received considerable attention, it has not yet achieved the status of customary…

STMU_HomecomingCLE2013Hardberger.ppt
Water and energy are indivisibly linked and interwoven into every aspect of our culture and lifestyle; however, the relationship between water and energy is not understood and almost wholly unregulated. This can threaten the sustainability and…

43TexEnvtlLJ257.pdf
This paper evaluates the Day decision through the lens of past court decisions and legislation in an effort to understand why the court ruled as it did. Part II introduces Texas’s groundwater resources, current uses of that water, and present…

62UKanLRev893.pdf
This Article examines the application of basic market principles to water transactions and the problems it creates. It considers how the basics of supply and demand can create inaccurate price signals resulting in water supply depletion and other…

18YBIntlEnvtlL96.pdf
This article focuses on the governance of transboundary groundwater resources in North America. It begins by identifying and reviewing various arrangements over transboundary aquifers between Mexico and the United States , between Canada and the…

SWHydrologySeptOct2009at22.pdf
The most effective way to combat the predicted impacts of climate change is to limit carbon dioxide (CO2) emissions, particularly from coalburning power plants which produce half the nation’s electricity. Technologies such as carbon capture and…

90NwULRev132.pdf
The first section of this Article discusses two of the most notable predictive failures of The Death of Contract, regarding the doctrines of reliance and unjust enrichment, and suggests that these failures were caused by Gilmore's underestimation of…

STMU_TheScholarStMarysLRev_v01i1p0005_Novoa.pdf
The purpose of this Article is to analyze Child Protective Services' (public family law), which serves the poor, and to confront the ways in which it deviates from private family law. My belief is that the Child Protective Services (CPS) system has…

STMU_TheScholarStMarysLRev_v10i2p0241_DeleonVargas.pdf
This comment seeks to increase the awareness of day labor contributions to the American economy and way of life. It provides a backdrop of immigration and labor law, which affect undocumented day laborers. It also discusses proposed changes to the…

66UCinLRev489.pdf
Unfortunately, the federal government has become a willing participant in the risk-sharing strategy. The federal government has undermined the corporate practice doctrine and has adopted risk-sharing strategies of its own. The federal government…

STMU_TheScholarStMarysLRev_v05i2p0195_Groenewald.pdf
Two-thirds of the land in South Africa, including some of the best land, is held by 60,000 whites, while 14 million subsistence farmers are working and living on Apartheid-era plots. In 1994, the new government passed a Land Restitution Act, which is…

STMU_TheScholarStMarysLRev_v11i3p0371_Aguilar.pdf
This Comment calls for comprehensive immigration reform by outlining results of a failed federal immigration policy that does not address society's pressing concerns pertaining to immigration. The discussion will begin with the source of federal…

STMU_TheScholarStMarysLRev_v10i1p0075_Rodriguez.pdf
This comment examines whether the recent findings of the NCLBA, particularly those regarding the continuing achievement gaps between White and minority students, provide evidence that the Act's implementation of standardized testing is discriminatory…

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_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_v09i3p0531_Shimek.pdf
Part II of this comment will offer a brief history of Texas education finance litigation to demonstrate that reliance on local property taxes to fund education has proved unsuccessful. Part III provides insight on the complexities of education…

Walch Blockchain Piece.pdf
American Banker online article

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_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_v05i2p0259_Garcia.pdf
This comment will focus on the effect charter schools have had on Texas' minority student population over the last five years. The comment an unequal education system has failed and consequently produced a negative impact on minority students. Part…

STMULAW_BarristerNews1968Summer.pdf
Law Day Awards Banquet, Outstanding Teacher Award, Moot Court Competition, A Histor of St. Mary's Law School, Graduates of 1968, Student Awards, Fraternities, Criminal Law Association, New Professor, Dean's List

STMU_TheScholarStMarysLRev_v11i1p0031_Aiwazian.pdf
This Note focuses on how transformative mediation is the key to breaking political, economic, and cultural barriers to achieving a more substantive form of democracy. Part II of this Note delves into the various styles of mediation, focusing on…

STMU_TheScholarStMarysLRev_v09i2p0275_Garcia.pdf
The first part of this comment focuses on the historical background of the Real ID Act. The second part examines the provisions of the Real ID Act and its impact on the Latino immigrant community. The third part will provide an effective solution…

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_v10i2p0169_Kabani.pdf
The current laws are very difficult on families of LPRs, who must wait years to be reunited due to backlogged visa categories. As a result, Congress should eliminate the requirement that only visa petition filed prior to December 21, 2001 are…
Output Formats

atom, dcmes-xml, json, omeka-json, omeka-xml, rss2