St. Mary's University, Texas
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On Behalf of an Ungrateful Nation: Military Naturalization, Aggravated Felonies and the Good Moral Character Requirement (Comment)
No full textThe 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 the immigration context, the history of military naturalization, and the nexus between the two. Next, Part II considers why these people are willing to fight for our country and two circumstances under which past conduct can exclude them from citizenship. In Part III the "aggravated felony" term of art and its detriments on due process rights are discussed at length in the naturalization context. Part IV covers the Good Moral Character requirement and how it could benefit from incorporating a balancing test based on the former INA Section 212(c) balancing test. Finally, Parts V and VI examine the positive factors from the Board of Immigration Appeals Decision Matter of Marin and the need for a new framework to consider the positive acts of applicants
Legal Malpractice in a Changing Profession: The Role of Contract Principles
No full textIn little more than four decades, the field of American legal ethics has grown from unimportant into a set of of legal principles that drives the practice of law in countless respects. However, the fabric of legal ethics is threatened by a looming transformation of the legal profession. That potential restructuring may revolutionize the delivery of legal services by replacing what is essentially a unified American legal profession that has monopoly powers and corresponding responsibilities with a diverse range of legal services providers, some of whom may not be lawyers at all, others of whom may not be fully licensed, and none of whom will enjoy an exclusive franchise. Such changes, if they come to pass, will undercut the foundations upon which the law of modern legal ethics is founded. It will then be necessary to reconstitute an effective legal ethics regime for a world of disaggregated legal services
2013: CLE: Texas School Finance Issue Before the Texas Supreme Court: Exhibits used by MALDEF at argument Feb. 4, 2013
No full textExhibits 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
