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08-0995 IN RE COLUMBIA VALLEY HEALTHCARE SYSTEM, L.P.
No full text08-0995 In re Columbia Valley Healthcare System, L.P. from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For relator: Mike A. Hatchell, Austin For real parties in interest: Carlos Escobar and Juan A. Magallanes, Brownsvil
Investiture of Justice Eva M. Guzman
No full textJustice Eva M. Guzman was appointed to the Court in October 2009 after serving as a justice on the 14th District Court of Appeals in Houston. Before that, she was a Harris County district court judge and practiced law in Houston. She is a University of H
Moot Points Notes from the Sarita Kenedy East Law Library Issue 12 November and December 2010
No full textDirector's Message: Library's Mission, Meeting Tim Wilson Electronic Services Librarian, Recent Faculty Publications, Popular Reading Book Review, Notable New Acquisition, Our Library by the Numbers, WestlawNext Now Available at St. Mary's University fo
2010 St. Mary's University School of Law Homecoming CLE Agenda
No full textThe schedule for the 2010 annual Homecoming CLE hosted by St. Mary's University School of Law in San Antonio Texas
Linguistic Profiling in Education: How Accent Bias Denies Equal Educational Opportunities to Students of Color
No full textStudents of color have to contend with numerous obstacles in education including the "accent bias" obstacle. Accent bias exists in K-12 education. Just as accent bias is found in the workplace, it is also found in the classroom. Studies reveal that accent bias affects a range of speakers including Black, Asian, Latina/o, and Arab speakers. Accent bias harms students in numerous ways including denying them access to charter schools, access to high-track classes, and access to full classroom participation. Both litigation-based and school-based solutions are needed to remedy accent bias in order to ensure equal educational opportunities for all students
Thou Shall Not Discriminate: A Proposal for Limiting First Amendment Defenses to Discrimination in Public Accommodations (Comment)
No full textDiscussess several current cases similar to Elane Photography. Part I discusses discrimination in public accommodations. Beginning with Romer v. Evans in 1995, this Comment follows the modern history of the fight for LGBT equality. Part II focuses on the reasons why states should limit First Amendment justifications for discrimination and prohibit discrimination in public accommodation based on sexual orientation and gender identity. New Mexico and California have already incorporated sexual orientation into their human rights statutes, but typically exempt religious organizations with ministerial positions from compliance. Tension between religious freedom and free speech and LGBT rights has bitterly divided the country in recent years. Same-sex marriage often takes center stage in the debate, but discrimination in public accommodations is becoming a hotly contested issue as well. On December 7, 2009, the Supreme Court granted certiorari to hear the case of Christian Legal Society Chapter of University of California v. Kane, a case involving a Christian student group's right to discriminate in choosing its members and officers based on their sexual orientation and religious views. Members of the group sought to exclude others who did not share their Christian beliefs, which violated the University of California's anti-discrimination policy. That case will be discussed in detail later on in this Comment, but, for now, it demonstrates that discrimination in public accommodations is a relevant issue for more than just the LGBT community
Dualing Causation and the Rights of Employees with HIV under Sec. 504 of the Rehabilitation Act (Note)
No full textTo eliminate employers' reflexive reactions toward employees with HIV, courts must adopt Title I's motivating-factor causation standard for employment discrimination claims under sec. 504. Part II of this Note discusses the invidious nature and pervasiveness of discrimination against workers with HIV. Part III introduces the anti-discrimination mandates of sec. 504 of the Rehabilitation Act and Title I of the ADA and identifies the necessity of sec. 504 for employees with disabilities. Part IV compares the causation standards under sec. 504 and Title I and explains employer liability under Title I's motivating-factor causation standard compared to employer liability under sec. 504's sole-cause standard. Finally, Part V argues that sec. 504 possesses two causation standards-Title I's motivating factor standard for employment discrimination claims and a sole-cause standard for all other claims. It maintains that the text of sec. 504 and the purpose of the Rehabilitation Act compel this conclusion. Part VI summarizes the arguments of Parts 11-V and emphasizes the importance of providing people with HIV strong tools to combat workplace discrimination
The Cycle of Violence: Domestic Violence and Its Effects on Children (Essay)
No full textUnderstanding the nature and extent of children's exposure to violence is essential to combating its effects. This Essay also provides suggestions for legal reformation that may provide a more effective means of addressing the cycle of violence in the United States and in Texas
