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
Probing the Legitimacy of Mandatory Mediation: New Roles for Judges, Mediators, and Lawyers
No full textThis Article probes the fundamental assumptions behind the use of mandatory or court-ordered mediation. The authors question the predominant use of standing rules or judicial practices referring cases to mediation. These referrals are inconsistent with the traditional roles of judges and courts, exclude the public from the justice system, and allow repeat players to develop a private justice system with little to no oversight. The Article questions why judges allow and encourage mandatory mediation and calls for all participants to take a more active role in the process. Based on surveys of judges, mediators, and lawyers, the Article exposes troublesome trends that further support the need to either abandon mandatory mediation or substantially revise the responsibilities of judges, mediators, and lawyers in the process to better protect litigants
Circular 230: New Rules Governing Practice Before the IRS
No full textThis Article addresses the issue of tax preparer oversight. Currently, anyone may prepare a tax return for a fee. However, those preparers who are not lawyers, certified public accountants, or authorized to practice before the IRS are not required to meet a minimum standard of education, knowledge, training, or skill. After recent government studies revealed that these non-trained tax return preparers were making costly, egregious mistakes, the IRS proposed mandating oversight over any individual who prepares a tax return for compensation. This Article discusses, in depth, the Department of the Treasury’s proposed regulations to broaden the authorities of IRS Circular 230 and the Office of Professional Responsibility. Such proposals would adequately ensure the timeliness, accuracy, and completeness of tax returns
Disparate Impact After Ricci and Lewis
No full textThe Ricci case, where White firefighters challenged the constitutionality of disparate impact, neatly illustrates this battle over disparate impact, because the case incited ideological conflict and racial politics. In the other recent disparate-impact decision, Lewis v. City of Chicago,
the Court resolved a technical issue over the scope of disparate impact’s
statute of limitations
Countering Criminalization: Toward a Youth Development Approach to School Searches
No full textA federal statute places a lifetime ban on food stamps for felony drug offenders. States may opt out. California only partially opted out of the ban. Thousands of otherwise eligible Californians are denied necessary and vital food assistance. This Note proposes that California fully opt out of the ban. This action would help remedy the problems associated with an inadequate food supply and bring desirable federal funds into California. An examination of the original purpose of the federal Food Stamp Program is used to conclude that no legitimate reasons exist for denying food stamps to drug offenders. While California’s partial opt-out provision was a step in the right direction, food stamp benefits have been conditionally restored to only a minuscule portion of the drug offender population. Proffered reasons for denying food stamps to drug offenders lack evidentiary support and serve only to feed the cycles of poverty, drug addiction, and crime. California Legislators should reconsider a full opt-out provision, and advocate for the restoration of food stamp benefits to all otherwise eligible drug offenders
From Admission to Bar Passage: Extending a Helping Hand to Students at St. Mary’s University School of Law
No full textWith assistance, the St. Mary’s University School of Law's Summer Skills Enhancement Program (SSEP) was established more than twenty years ago to “create[ ] an opportunity for a very limited number of applicants, who otherwise might not be admitted, to gain acceptance, at the same time that it helps them prepare for the rigors of legal education.” The SSEP determines admission or denial by looking beyond GPA and LSAT scores to the proverbial “whole person.” The program director and another professor teach the one-month Summer Skills Enhancement Program. The program is divided into two components: a traditional law school course surveying various first-year topics taught in the Socratic method and a legal writing course. Following the administration and review of each final exam in the program’s two components, the program concludes with an individual exit interview
10-0666 THE CITY OF ROUND ROCK, TEXAS v. RODRIGUEZ
No full text10-0666 City of Round Rock, et al. v. Jaime Rodriguez, et al. from Travis County and the Third District Court of Appeals, Austin For petitioners: Douglas W. Alexander, Austin For respondents: Craig Deats, Austin The issue is whether the Texas Labor Code
10-0316 CITY OF AUSTIN v. WHITTINGTON
No full text10-0316 This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion a
10-0605 IN RE THE COMMITMENT OF MICHAEL BOHANNAN
No full text10-0605 In re Commitment of Michael Bohannan from Montgomery County and the Ninth District Court of Appeals, Beaumont For petitioner: Catherine Palmore, Huntsville For respondent: Kenneth Nash, Huntsville The issue in this sexual predator-commitment cas