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St. Mary\u27s School of Law Graduation, 2022 (December)
No full texthttps://commons.stmarytx.edu/grad2022dec/1012/thumbnail.jp
St. Mary\u27s School of Law Graduation, 2022 (December)
No full texthttps://commons.stmarytx.edu/grad2022dec/1014/thumbnail.jp
Constitutional Interpretation and Zombie Provisions
Get PDFThe United States Constitution and state constitutions contain numerous zombie provisions, including language restricting marriage to relationships between one man and one woman, voter literacy test requirements, disqualification of atheists from serving in office or testifying as witnesses, and pervasive gendered language restricting rights and offices to men alone. Though these provisions are unenforceable due to subsequent amendment, determinations of federal unconstitutionality, or preemption by federal laws, they live on in constitutional text.
This Article addresses the danger of these zombie provisions that has, thus far, been overlooked the prospect that zombie provisions may influence the interpretation of still-living constitutional provisions. The United States Supreme Court and the vast majority of states require contextual analysis when interpreting constitutions requiring that provisions be read in light of the document as a whole rather than in isolation. Many constitutional rights\u27 guarantees are written in an abstract, undefined manner. And numerous state constitutions include broad, non-exhaustive guarantees of individual rights. These provisions demand clarification through context, and it is here that zombie provisions may continue to live on by limiting the scope of equal protection, due process, and individual rights guarantees. For example, how much protection can a set of abstract inalienable rights truly provide to LGBTQ people if it appears alongside a constitutional provision restricting the definition of marriage to a union of one man and one woman?
Though removing zombie provisions would best solve this problem, I argue that an alternate rule of avoidance may mitigate these provisions\u27 interpretive impacts. Courts may continue to engage in contextual analysis but should actively exclude zombie provisions from consideration when doing so. Exclusion sheds light on these provisions\u27 invalidity and prevents them from influencing the interpretation of still-living constitutional provisions
Aspen Leading Edge Podcast, Episode 84: Conversations with Deans: Leah Chan Grinvald
No full textDean Leah Chan Grinvald, William S. Boyd School of Law at UNLV, shares her journey towards becoming a dean and reflects on her first two years at UNLV. Dean Grinvald also talks about the legal writing program and how the school has been rated as one of the best returns on investment.https://commons.stmarytx.edu/edge/1053/thumbnail.jp
Workaholic Syndrome: Law and Psychology Explore the Far Reach of the Egg Shell Doctrine
Get PDFFor an undertaking an analysis of the implication of stress in the workplace, this article requires a four-part approach. Specifically, Part II explores how workplace stress, commonly known as work-induced stress; coupled with trauma, adaptive responses, and latent psychological conditions trigger workaholic syndrome thereby creating a dysfunctional psychological and physical impairment to the body. This section also outlines how stress activates components in the brain to create what psychologists are now referring to as an injury to the brain. Part III of this article describes the evolution of the eggshell doctrine from inception to the most recent conception, which is to consider psychological injuries as bodily injuries in some jurisdictions. Part IV defines how tribunals treat mental or psychological harms similar to bodily injuries when psychological injuries are considered in tort cases, worker\u27s compensation cases, and criminal cases. Part V combines the assessments of progressive psychologists, the eggshell doctrine precedent, and the pattern of prior adjudication to support the conclusion that the far reach of the eggshell doctrine extends and takes into account the effects of workaholic syndrome brought on by workplace stress
Alumni Portrait Unveiling, 2007
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Alumni Portrait Unveiling, 2007
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Alumni Portrait Unveiling, 2007
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Alumni Portrait Unveiling, 2007
No full texthttps://commons.stmarytx.edu/portrait2007/1066/thumbnail.jp
Alumni Portrait Unveiling, 2007
No full texthttps://commons.stmarytx.edu/portrait2007/1068/thumbnail.jp