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Empathy on Trial: The Role of Neuroscience and Communication in Sexual violence Jurisprudence
No full textSexual violence remains a contentious public safety and legal challenge, which has become further complicated by the tension between supporting victim-survivors and safeguarding the falsely accused. False accusations, though still well below the numbers of rightly accused, are experiencing a rise in popularity given recent (past ten years) political climates. This thesis examines how communication theory, neuroscience, and law intersect in molding perceptions of truth, culpability, and justice in sexual violence cases; while also examining the intersectionality of those fields in addressing the candor of allegations, the rate of recidivism, and quality of public health and safety. The most prominent argument suggests that advances in neuroscience—particularly brain imaging (fMRI scans) and empathy-related activation assessments—offer novel tools for understanding credibility and moral responsibility, but they risk misinterpretation when presented to jurors unfamiliar with scientific limits. Because of this, most jurors who view neurological testimony conflate the evaluation of guilt with an assessment of behavioral likelihood. This project synthesizes contemporary research on juror schema biases, restorative justice frameworks, and neurolaw’s promise of humanitarian reform to suggest a better method of constructing the Pre-Sentencing Investigative (PSI) reports for judges to use in evaluating a defendant’s recidivism rate. By analyzing sources across Psychology, Sociology, Law, and Neuroscience, this thesis argues for a biopsychosocial model that prioritizes restorative justice grounded in cognitive empathy rehabilitation
Texas Black Maternal Mortality Crisis: A Spotlight on the Texas Legislature’s Alternatives to Abortion Program
No full textTexas leads the nation in maternal mortality and morbidity which intersects with high uninsured rates, abortion bans, and legislative policies promoting medical misinformation. Texas’ legislatively codified Alternatives to Abortion Program allocates tens of millions of dollars per year to crisis pregnancy centers and non-profits with the goal of deterring women from seeking abortions. These clinics do not have to hire medical professionals or obtain licensing for the pregnancy-related services provided to clients. Crisis pregnancy centers do not have to provide accurate medical information or social services to the thousands of people who seek care in a state with increasingly limited options for pregnancy care. The Thriving Texas Families Program must be amended to meet the needs of Texans for life saving care in the face of increased mortality and abortion bans. Practical amendments to the statute like mandatory auditing, extensions to medical professionals, and preventative care will save the lives of Black mothers and children in a professed pro-life state
Challenging Batson: Interest Convergence and Permanence of Racism in Jury Selection
No full textA Batson challenge is an objection to the use of peremptory challenges to dismiss potential jurors based on their race; however, Batson challenges are rarely successful. In this paper, we apply Critical Race Theory (CRT) as a framework to analyze the Batson Challenge. More specifically, we argue that the Batson challenge is a practice grounded in interest convergence that underscores the permanence of racism in the judicial system. We explore three interests of Batson: (1) the protection of the Sixth Amendment right to a fair trial; (2) the protection of the Fourteenth Amendment; and (3) the promotion of public trust in the system. Furthermore, the permanence of racism is evident in unrepresentative juries and the quality of deliberations, as Black defendants are more likely to be convicted and sentenced to longer and harsher sentences when Black jurors are not present during jury deliberations. This article engages CRT as an instrumental theory in examining a contemporary issue of race and criminal justice
St. Mary\u27s School of Law Graduation, 2025 (December)
No full texthttps://commons.stmarytx.edu/grad2025dec/1011/thumbnail.jp
Profiteers of Death
No full textBrazenly operating within the illicit world of stranger-owned life insurance (“STOLI”), unscrupulous investors and colluding life insurance agents unapologetically engage in a calculated dance of fraud and deceit. With the skill of seasoned con artists, these “Profiteers of Death” prey upon the unsuspecting elderly community, strategically targeting senior assisted living facilities by dangling the golden carrot of easy money in exchange for unwittingly selling away their insurability for little more than copper pennies. Standing idle like salivating vultures, the Profiteers of Death make a mockery of legislative attempts to curb the illegitimate secondary market, perfectly exploiting regulatory deficiencies as they orchestrate their symphony of greed and net millions upon the elder-insured’s death. In this illicit charade, morality takes a backseat to profit, and the Profiteers’ shameless success serves only to illuminate their abusive scheme plagued by ethical bankruptcy and legislative shortsightedness. Case law is fraught with Profiteers prevailing on their twisted manipulation of long-standing insurance doctrines, serving as a damning indictment of legislative failures to uniformly codify even the most fundamental principles of insurable interest and incontestability. Unfortunately, those succumbed to the perils of the Profiteers’ snake oil must face the burden of a regulatory landscape where ambiguity reigns supreme and judicial interpretations resemble a game of legal roulette.
By examining pervasive secondary market abuse post anti-STOLI legislation and advocating for renewed state-wide codification of insurable interest and incontestability requirements, this Article contributes to the scholarly literature on insurance fraud and draws attention to egregious instances of fraud and manipulation that continue to undermine fundamental insurance principles. Through illuminating case examples, this Article underscores judicial inconsistencies and the detrimental impact of stranger-owned life insurance on elderly insureds, beneficiaries, and the broader industry. It concludes by advancing a model statute aimed at addressing the root cause of STOLI abuse necessary to mitigate the continued risks posed by the Profiteers of Death
St. Mary\u27s School of Law Graduation, 2025
No full texthttps://commons.stmarytx.edu/grad2025/1084/thumbnail.jp
St. Mary\u27s School of Law Graduation, 2025
No full texthttps://commons.stmarytx.edu/grad2025/1105/thumbnail.jp
St. Mary\u27s School of Law Graduation, 2025
No full texthttps://commons.stmarytx.edu/grad2025/1122/thumbnail.jp