St. Mary's University, Texas
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Measuring the Impact of Political Ideology on the Adoption of English-Only Laws in the United States
No full textThis study tackles whether political ideology influences the adoption of English-Only laws in the United States'-and, if so, to what degree? To answer this question, we collected data from across various U.S. states that we then analyzed, using logistic regression, complemented with a geographical information system (GIS) survey of the states. This Article breaks down into four parts. We first review the still-sparse literature on the topic. Next, we define and operationalize (i.e., establish indicators of measurement) key terms in the study. The third section specifies the hypotheses and assumptions underlying those hypotheses. The fourth presents our results and interpretations
Lords of the Manor: Fighting California Slumlords with Private Multi-Plaintiff Implied Warranty of Habitability Litigation (Note)
No full textThis Note briefly addresses common law origins of the implied warranty of habitability, focusing on the case law in California, and then examines the parallel development of the health and safety housing code. The Note discusses successes and challenges of public enforcement of housing code violations as a means of ensuring healthy living environments. Municipal civil remedies, including both administrative fines and litigation, will be evaluated. This Note examines use of criminal litigation to deter large-scale and repeat violators. While these various methods of municipal code enforcement are absolutely essential in maintaining habitable housing for the poor, they are insufficient. The third part of this Note looks at private enforcement of the implied warranty of habitability and evaluates the pros and cons of using both class action lawsuits and mass tort suits to deter large-scale, repeat-offending landlords and to compensate the victim tenants. Habitable housing is critical to the health of a community, but government agencies lack the resources necessary for complete enforcement. Large-scale private prosecution in any form is viable, necessary, and often the only alternative that approaches proactive enforcement
Perry v. Schwarzenegger: Trying Same-Sex Marriage
No full textThis Article discusses the progression of Perry from the filing of the case to its current status before the Ninth Circuit. It also offers an in depth analysis of both the history of the case and the trial court's decision, hopefully serving as a springboard and reference for future scholarly discussions of this case's potential impact on sexual orientation's constitutional situation. Part II of this Article reviews the relatively recent legal history of same-sex marriage in California, tracing the events that ultimately culminated in Proposition 8, which is the subject of Perry's controversy. Part III introduces the parties to Perry, explains the bases for their involvement in the case, and describes their constitutional arguments for and against Proposition 8. Part IV summarizes and explains the trial court's decision on the merits. Part V concludes this Article with a legal analysis of Perry's possible future
How Texas Can Better Protect Seniors from Financial Abuse and Mismanagement Associated with Alzheimer's Disease (Comment)
No full textThe purpose of this Comment is fivefold. First, it will describe AD and explain the significance of the disease with respect to financial capacity and contract law. Second, it will inform the reader of the existing legal protection available to elderly Texans in the grips of AD. Third, it will analyze the existing law and highlight how this regime fails to benefit the vast majority of incapacitated seniors. Accordingly, I will recommend changes in policy with the hope of broadening the current shield of defense to protect those at risk for AD. Lastly, this Comment will include some of my family's personal stories so the reader may learn from our mistakes and better protect his or her loved-one(s) who find themselves in the projected path of hurricane Alzheimer's
The Constriction of Rights: A Property Law Approach to City-Based Immigration Initiatives That Place Rental Bans on City Ballots (Note)
No full textThis Note describes rental ban ordinances from the perspective of property rights. It also considers constitutional rights, as constitutional rights are integral to the immigration issue and cannot be disregarded, even from a property-related approach. This Note will approach the issue from the perspectives of both prospective renters and landlords. Relevant sections of the Fair Housing Act are discussed. Appellate courts do not yet have a definitive position on rental ban ordinances. An understanding of this issue, as well as the rights affecting property owners and renters is necessary given the complicated future of immigration ordinances. This Note seeks to illustrate how various areas of law, including property law, may provide the framework for impending litigation against cities that enact rental ban ordinances
Plato, The Prince and Corporate Virtue: Philosophical Approaches to Corporate Social Responsibility
No full textCorporate Social Responsibility (“CSR”) has been a topic of discussion within corporate law and policy for over 40 years. Machiavelli’s THE PRINCE provides one paradigm for rulers. For Machiavelli, the chief focus of the ruler is to ensure the survival of the state, which is done best by ensuring his own survival. CSR’s usefulness to a corporate prince is that it allows him to let his corporation appear to be virtuous, but gives him the freedom to act in the best interests of the corporation and himself. In the REPUBLIC, Plato proposed that rulers owe citizens more than survival; they must protect citizens from injustice. The wise ruler, the philosopher king, recognizes that virtue is not only a means of doing good; it is a better means of ensuring survival. Applying this rationale to the corporation as a ruler would seem to support the progressive proponents of CSR. However, applying Plato’s paradigm to the CEO and officers may actually support a shareholder primacy norm if the corporation’s citizens are equated to the shareholders. On the other hand a Machiavellian approach to CSR in particular and business actions in general could strongly support a shareholder primacy viewpoint of business law. This article seeks to explore the aspects of CSR in light of Machiavelli’s THE PRINCE and Plato’s REPUBLIC. These two philosophers sought to explain and justify how the rulers of large, socially important institutions, i.e. civil government, operate for the good or ill of those who live within them. As corporations are themselves similar ministates, akin to the city-states and poleis in the times of Machiavelli and Plato, and as some CSR proponents seek to have the corporation take on many tasks that have, in the past, been performed by the state, exploring CSR through these two works provides useful insight. Our topic, however, is not the paths of justice in the ancient or renaissance world, but whether these two philosophers can help us understand how CSR can be applied today; perhaps even to warn us of its abuses or encourage CSR’s healthy application
10-0245 PATRICK O. OJO v. FARMERS GROUP, INC.
No full text10-0245 Patrick O. Ojo, et al. v. Farmers Group Inc., et al. certified question from the U.S. Court of Appeals, Ninth Circuit For appellants: Sanford Svetcov, San Francisco For appellees: Harriet S. Posner, Los Angeles The ultimate issue in this class ac