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How the Poor are Getting Poorer: The Proliferation of Payday Loans in Texas via State Charter Renting
No full textThis Comment focuses on the nature of payday loans in Texas, including what a payday loan is, its cost to borrowers, and a brief discussion of how the payday loan industry is thriving. In order to understand these problems, a review of the relevant Texas usury laws as well as Texas statutes and the scope of their coverage as they relate to payday loans will be examined. Furthermore, the most favored lender doctrine as well as the exportation doctrine will be discussed, as these two doctrines permit payday lenders to avoid Texas law. Then, the unique relationship between payday lenders and federally regulated, state-chartered banks will be analyzed, as the nature of this relationship raises several concerns. Possible reforms include prohibiting lenders from being able to target the economically disadvantaged, and legislation that would impose severe penalties on lenders who take advantage of borrowers. In addition, a number of solutions will be proposed, which include (1) having the Federal Deposit Insurance Corporation (FDIC) properly regulate the state-chartered banks they insure, (2) creating new Texas law that, instead of attacking the usurious interest rates, seeks to eliminate the practice of payday lending in Texas, and (3) providing borrowers with low credit an alternative to payday loans that does not trap them in a cycle of debt
A Dual-Role Bilingual Mediator is Inefficient and Unethical
No full textSeveral ethical issues arise when serving as both the interpreter and mediator, especially in the context of neutrality and confidentiality. Part II of this Article gives a brief overview regarding ADR and mediation (focusing on Texas law), interpretation, language and communication, a brief history concerning the constitutional right to an interpreter in criminal proceedings and the statutory right in civil proceedings, and a discussion of the evolving field of family law mediation. The ethics of two distinct roles-an attorney-mediator and an interpreter-and their corresponding authorities will be discussed in Part III. Part IV provides a thorough analysis of the inherent issues with the dual-role: the ethical issues, its inefficiency, and "interpreter fatigue," to demonstrate why a mediation session with a dual-role mediator should not be done. Part V concludes with a solution as to what should be done in the context of mediation with parties speaking different languages and which individuals must be present and in what capacity. Additionally, changes the legislature can make to protect non-English-speaking litigants by expanding the statutes and regulations to expressly prohibit dual-roles in mediation will be discussed, as well as potentially using a co-mediator model as an alterative
Quarterly Newsletter for St. Mary's University CTL Spring 2011
No full textCyber Security Conference 2011, The Center for Terrorism Law's Distinguished Speaker Series Presents Captain Dave Staffel, Current Scholarly Projects, Professor Addicott's 2000th Media Event, Research Fellows, Iranium: Film Screening and Featured Guest S
The Pillar: Clinical Year 2011-2012 Fall Newsletter of the Center for Legal and Social Justice
No full textTales of Triumph and Words of Wisdom from Past Clinic Students, John Blatz Recieves the Santa Maria Award, Associate Dean Novoa Receives President's Award from The San Antonio Bar Association, Obituary Sister Anne Fischer S.S.N.D., Obituary Adolfo Maldon
Professional Responsibility for the Pro Se Attorney
No full textThis Article considers how pro se lawyers should be treated under the law of professional responsibility. While courts have addressed whether various aspects of the law of lawyering should be applied to lawyers acting pro se, they have not done so systematically. The Article first demonstrates that the law is not consistent in its treatment of pro se lawyers. It then argues that a purpose-based approach to the issue provides a consistent, rational, and reproducible way to analyze the question. It concludes that whether a particular rule of professional responsibility should apply to a pro se lawyer should be driven by the rule’s intended beneficiary. If the rule is intended to protect third parties, it should apply to lawyers regardless of whether they are representing clients or appearing pro se; by contrast, a rule that is intended to protect clients should not be applied to pro se lawyers
Best Brief Contest Winner: Beau Radley v. Fair County Police Department and Arthur Goode 09-9100 Brief for Respondents
No full textEach year, each Legal Research and Writing faculty member submits one brief from her or his class to the St. Mary s Law Journal editorial board. The board then selects one winner from each 1L section, resulting in four briefs which represent the best bri
10-0523 PORT ELEVATOR-BROWNSVILLE, LLC v. CASADOS
No full text10-0523 Port Elevator-Brownsville LLC v. Rogelio Casados and Rafaela Casados from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Mary A. Keeney, Austin For respondents: David Keltner, Fort Worth The issue i
