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2012: CLE: Important Cases Before the United States Supreme Court: Handout 1
No full textThis 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
2012: CLE: Serving as a Neutral in a Highly Volatile Society
No full textThis presentation invites key figures that have emerged in the field since its rise in popularity. We will be discussing: the role of the mediator and the main mediation styles; the methods used to encourage participation; the role of a mediator in diffe
10-0802 MISSION CONSOLIDATED ISD v. GARCIA
No full text10-0802 Mission Consolidated Independent School District v. Gloria Garcia from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: David P. Hansen, Austin For respondent: Savannah Robinson, Danbury Two principa
The Deportation of Lawful Permanent Residents for Old and Minor Crimes: Restoring Judical Review, Ending Retroactivitiy, and Recognizing Deportation as Punishment
No full textThe 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 custody, but oftentimes nothing happens for many years and removal proceedings are not initiated until he leaves the country and seeks to re-enter or applies to naturalize. The crimes triggering deportation of lawful permanent residents are often minor offenses, but are lumped together with far more serious crimes by overly broad categories. This Comment will address, in Part II, the evolution of our immigration laws relating to criminal activity, including a brief discussion of the expansion of grounds for which removability and inadmissibility can be established as well as the restriction and elimination of powers of judicial and executive discretion to halt removals. Part III will examine the current state of immigration law as it applies to aliens accused of criminal activity. Part IV examines the extreme effects caused by the elimination of a trial-court judge’s discretion to recommend against removal and halt removal proceedings of lawful permanent residents in deserving cases. This part will also advocate for restoration of these discretionary powers and examine the increase in deportations since 1996 and consequences of that enforcement. Part V discusses constitutional rights as they are applied to lawful permanent residents facing removal for criminal activity and how recent case law may lead to change. This part will also discuss the policy reasons behind ending retroactivity in immigration law which creates deportability for criminal conduct and will propose a statute of limitations for the commencement of removal proceedings following a conviction that triggers deportability. Finally, Part VI summarizes proposed solutions for eliminating the backlog of removal cases before our immigration courts, reducing future cases and restoring discretion necessary to ensure reasonable and fair treatment of lawful permanent residents and their families
Public or Private University? New Legislation Caps Veterans' Educational Choices That Could Cost Less
No full textThis Comment begins by focusing on the history of the GI Bill. Part III examines the constitutionality of the $17,500 tuition limit from an Equal Protection standpoint. In doing so, this Comment will evaluate the classifications created by the legislation, determine the level of scrutiny to which the relevant provisions of the Post-9/11 Veterans Educational Improvements Act should be subjected, and argue that the legislation does not pass even the rational basis test. Parts IV and V argue that the tuition cap is harmful to veterans and illogical because it is totally inconsistent with and contrary to the original and continuing legislative intent of the GI Bill. The Yellow Ribbon Program is ineffective and fails to bridge the gap between the tuition cap and actual tuition costs at private schools. Part VII suggests several alternative solutions, including either removal of the tuition cap through repeal of the disparate portion of the bill as it relates to public and private universities, or application of the tuition cap to all educational institutions. Finally, this Comment suggests possible changes to the Yellow Ribbon Program
Rightly Dividing the Domestic Jihadist from the Enemy Combatant in the "War Against Al-Qaeda" - Why it Matters in Rendition and Targeted Killings
No full textThe confusion associated with comprehending fundamental legal concepts associated with how America conducts the “War on Terror” centers around the unwillingness of the U.S. government to properly distinguish al-Qaeda unlawful enemy combatants from domestic jihadi terrorists. If the American government cannot properly differentiate between an enemy combatant and a domestic criminal, it is little wonder that attendant legal positions associated with investigation techniques, targeted killing, arrest, detention, rendition, trial, and interrogation are subject to never-ending debate. While all al-Qaeda unlawful enemy combatants can be labeled as violent jihadists, not all violent jihadists are unlawful enemy combatants. Without a significant about face in leadership that is willing to discern the basic difference between an unlawful enemy combatant and a domestic criminal, America’s reputation will remain under a cloud of suspicion and confusion regarding the legality of our actions associated with two significant areas of critique: rendition and targeted killing vis-àvis unlawful enemy combatants in the War on Terror
2012 St. Mary's University School of Law Homecoming CLE and Reunion Agenda
No full textThe schedule for the 2012 annual Homecoming CLE hosted by St. Mary's University School of Law in San Antonio Texas