St. Mary's University, Texas
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Texas Judicial Council Juvenile Justice Committee Meeting
No full textAGENDA SUPREME COURT COURTROOM 201 W. 14th Street, 1st Floor AUSTIN, TEXAS I. Commencement of Meeting II. Attendance of Members III. Approval of minutes IV. Invited Presentations a. “Child Crisis Intervention Training,” Sgt. Michele White & Sgt. Stan Sla
Mexican Children of U.S. Citizens: "Viges Prin" and Other Tales of Challenges to Asserting Acquired U.S. Citizen
No full textIn this Article, I will focus on Mexicans who have a U.S. parent and a claim to acquired U.S. citizenship. Their experiences will be illustrated by referencing cases that have arisen on the border between the United States and Mexico and have been handled by law students and Federal Public Defenders. Part II of this Article outlines the patterns and continuity of Mexican immigration and will discuss in more detail the cases that illustrate the problems faced by many Mexicans with viable claims to U.S. citizenship. Part III discusses the history of and substantive requirements for the acquisition of citizenship through a U.S. citizen parent and describes the provisions for judicial review. Part IV details the obstacles encountered by individuals seeking to assert claims to citizenship before the government agencies authorized to adjudicate applications asserting citizenship claims. Part V outlines problems faced by citizenship claimants in removal proceedings, particularly following the changes occasioned by AEDPA and IIRIRA. Part IV discusses the dangers of reinstatement of removal for citizenship claimants and the limitations placed on judicial review of removal orders by the REAL ID Act. In the Conclusion, I will make recommendations for change to ensure full protections for individuals born abroad who present non-frivolous claims to U.S. citizenship
Singing Songs in a Strange Land: The Plight of Haitian Children in the Space of International Adoption
No full textMy thesis is that the best interests of children are not served by severing the familial bonds contemplated by international adoption law. The legal framework that guides international adoption needs to be revised to take into account the socio-cultural needs of children and the socio-economic repercussions of the sending countries. The system, as it currently exists, is at odds with principles of cultural identity, and the rights of self determination embodied in existing international covenants. Part II of this paper will provide a comparative analysis of the two legal instruments that are currently in force to govern the transnational movement of children. Part III will analyze the processes involved in international adoption. Part IV will provide an analysis surrounding the commodification of children based on the class discrimination that is inherent in the adoption process. Finally, Part V will conclude that the wealthier receiving countries must look to international adoption as a last resort, and honor their obligations under international human rights law to ensure that the bundle of rights for children entails the right to keep families intact
When Coercion Lacks Care: Competency to Make Medical Treatment Decisions and Parens Patriae Civil Commitments
No full textThe subject of this Article is people who have been civilly committed under a state’s parens patriae authority to care for those who are unable to care for themselves. These are people who, because of a mental illness, are a danger to themselves. Even after they have been determined to be so disabled by their mental illness that they cannot care for themselves, many are nonetheless found to be competent to refuse medical treatment. Competency to make medical treatment decisions generally requires only a capacity to understand a proposed treatment, not an actual or rational understanding of that treatment. This Article proposes that in cases of parens patriae civil commitments, an actual or rational understanding should be required. A test of competency that requires actual or rational understanding of a proposed treatment is needed in these cases given the lack of insight commonly experienced by people with psychotic disorders, the potential of psychotic symptoms to interfere with rational decision-making, and the immense harms—both immediate and long-term—that can result from untreated psychotic symptoms
2012: CLE: Important Cases Before the United States Supreme Court: Handout 2
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: Beyond the Advertisement: Marketing and Business Development for Lawyers
No full textThe purpose of this course is to provide some basic, practical knowledge and skills for developing and implementing business marketing plans for both firms and individual attorneys. The skills acquired are transferable to a variety of practice venues, su
A Judge In Full: Wallace Jefferson of Texas
No full textThis essay discusses the work of Chief Justice Jefferson. His work should be understood in light of the unusual division of appellate power in Texas, as well as the shifting but exclusively Republican composition of the membership of the Supreme Court of Texas since during his service there
Social Networking and Judicial Ethics
No full textSocial media, like any public communication form, presents special ethical challenges for judges. In recent years, judicial ethics committees in various states have weighed in on these questions and have not shown any clear consensus. However, it is generally agreed that judges using SNSs must pay particular attention to how that use relates to the judge’s particular ethical obligations regarding relationships and communication with others. In general terms, social media participation by judges raises important ethical questions that directly impact how courts are perceived in the emerging media age
