St. Mary's University, Texas
St. Mary's University, San Antonio: St. Mary's Law Digital RepositoryNot a member yet
1503 research outputs found
Sort by
Making Civility Mandatory: Moving from Aspired to Required
No full textThis article examines what civility is, its importance, and the problem of incivility. The article also discusses the legal profession’s response to incivility thus far, and why this response in most instances falls short. The article also examines the manner in which mandatory civility can be enforced and provides suggestions on the specific rules necessary to enforce it. This article also discusses the arguments against mandatory civility and provides responses to each. This article argues that civility should be mandatory for attorneys, because when a lawyer fails to act with civility, then the public’s confidence in the legal system suffers and legal costs rise, including the costs of litigation
She Acts Guilty: Sexually Charged Consciousness of Guilt Evidence Should Be Excluded Because It Is Biased against Women
No full textSexually 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 common gender stereotypes in an effort to obtain criminal convictions. This Article begins by giving a brief background illustrating this type of consciousness of guilt evidence and then discusses the evidentiary theory under which it is admitted. Next, it will explain why this sexually charged evidence is biased against women. The Article will conclude by arguing that this type of evidence should be excluded
Compatibility of Democracy and Islam or the Lack Thereof: A Closer Look at Whether the Arab Spring Was Ever Capable of Culminating into a Viable Democracy in the Arab World
No full textThe 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 in which the words are being examined. Next, the Article will present the purported evidence for the claim that democracy and Islam are compatible followed by the contradictory evidence indicating possible incompatibility between the two. Finally, the Article will evaluate these conflicting claims and ultimately undertake the difficult task of proffering an answer to the question posed by the title
Gun Control Is Not Enough: The Need to Address Mental Illness to Prevent Incidences of Mass Public Violence (Comment)
No full textSenseless 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 nation's history. Next, the tragedies that occurred at Columbine High School, Aurora, Colorado, Virginia Tech, and Tucson, Arizona are discussed. By examining each event-the warning signs exhibited by the gunmen, and how they were able to obtain firearms-it becomes apparent that our national system for collecting pertinent information and performing background checks is severely lacking
What Users Want: A Contextual Overview of Open Access Legal Resources in the United States
No full textThis paper discusses various open access legal resources in the United States from a practical perspective and explores how government, academia and the private sector have addressed the needs of legal researchers in the United States. After a brief overview of the U.S. legal system, these websites will be explored from the perspectives of two different users, a solo practitioner and a layperson, in hopes of elucidating the effectiveness and current limitations of these resources as well as their potential for greater utilization
2013: CLE: Dodging Tort Liabilities with “Forum Non Conveniens”: A Case Study of ConocoPhillips' Oil Spill in China
No full textThis presentation examines the development of the “forum non conveniens” doctrine, and the reasons why China is neither an available or adequate forum for class action cases involving environmental damages, especially with a Multi-National Corporation (M
2013: CLE: Discovery Disputes—A Judge’s Perspective
No full textThis presentation will discuss types and scope of discovery and how to avoid disputes and traps from a judge’s perspective