St. Mary's University, Texas
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What's Required to Remedy Juror Discrimination - A Brief Discussion on Batson and Its Available Remedies
No full textThis Article revisits the standard employed to assess the constitutionality of racial classification. In acting within their judicial capacity, trial judges are considered government actors, and accordingly, as government actors, any judicial acts that employ racial classifications, including Batson remedies, are subject to strict scrutiny. Evaluating this standard, this Article next considers whether race-based Batson remedies can withstand strict scrutiny. Relying on the tenets of strict scrutiny, this Article concludes that beyond reseating an improperly struck juror or dismissing the entire venire panel, a Batson remedy may not look to the race of prospective jurors in fashioning a Batson remedy. Any remedy that relies on race cannot survive strict scrutiny, and thus violates the Constitution
Judge Bernard S. Meyer: First Merit Appointee to the New York Court of Appeals
No full textBernard S. Meyer‘s great professional ambition was to be a judge on the New York Court of Appeals. However, when he finally reached that goal, he found being a member of the state‘s highest tribunal was not quite what he expected. As he humorously explained to the Albany County Bar Association after almost eight months in office, "notwithstanding my long-held aspiration to be on the Court, I really did not know before I got there where I was going . . . ." This is the story of Judge Meyer‘s exhilarating, exhausting, and highly productive first year on the New York Court of Appeals
Quarterly Newsletter for St. Mary's University CTL Fall 2011
No full textTenth Anniversary of September 11th Conference, CTL Research Fellow in Egypt, Second Annual Conference on Terrorism and Global Security, International Counter-Terrorism Officers Association, Milestone: 500 Speeches, The Lord's Resistance Army Terrorists
10-0490 EL APPLE I, LTD. v. OLIVAS
No full text10-0490 El Apple I, Ltd. v. Myriam Olivas from El Paso County and the Eighth District Court of Appeals, El Paso For petitioner: Joseph L. Hood Jr., El Paso For respondent: John P. Mobbs, El Paso A principal issue in this discrimination and retaliation su