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
08-0175 WHIRLPOOL CORPORATION v. CAMACHO
No full text08-0175 Whirlpool Corp. v. Margarita Camacho and Santos Camacho. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Lynne Liberato, Houston For respondent: Kevin Dubose, Houston Among principal issues in t
Free Exercise of the Courtroom: Why Perpetrators of Religiously Motivated Violence Can No Longer Hide behind the First Amendment (Comment)
No full textI propose that the free exercise of religion defense should only be permitted where the allegedly tortious conduct is nonviolent. In other words, the nature of the religious conduct, rather than the nature of the plaintiff's injuries, should determine the applicability of the defense. This standard draws a bright line between conduct that is always permissible free exercise and conduct that should always be subject to
judicial scrutiny. Part II discusses the history of the Free Exercise Clause as a defense to parishioners' claims for emotional damages. Part II attempts to distinguish cases in which claims against religious organizations were upheld from cases in which claims for emotional damages and IIED were rejected. In Part III, I critique the traditional rejection of claims for intangible harms in religious conduct cases. I argue this approach to the law leaves members of minority religions, particularly women and children, vulnerable to religiously motivated abuse and denies this class of persons the same legal rights as other citizens. This section further explores my proposal for an alternative approach to the problem: permitting recovery for emotional injuries and IIED where the religious conduct is violent, as opposed to merely passive, nonviolent behavior or religious speech. Part IV concludes by discussing how my alternative approach adequately protects the free exercise rights of defendants while still compensating the victims of abuse
Brief amici curiae of St. Mary's University School of Law, et al., Republic of Iraq v. Beaty, 556 U.S. 848 (U.S. 2009).
No full textQUESTION PRESENTED Whether Congress intended, as evidenced in the text and legislative history of Section 1503 of the Emergency Wartime Supplemental Appropriations Act of 2003 (EWSAA), to authorize the President to set aside the long-standing legislative framework transferring immunity decisions from the Department of State to the courts and to strip jurisdiction from ongoing POW and "human shield" cases against Iraq in Article III courts of the United States? INTRODUCTION This amicus brief is submitted on behalf of St. Mary's University School of Law, Center for Terrorism Law, The Honorable Joe Sestak, Member of Congress, and distinguished American former high-level military officials identified at Appendix A. These officials believe that the implications for national security of the United States of setting aside the obligations of Iraq toward tortured American Prisoners of War (POWs) and human shield victims, as is sought by Iraq in its argument to this Court, would be severe. Reversal of the decision of the Court of Appeals with respect to section 1503 would directly lead to enhanced torture of American service personnel held by the enemy in future wars and would undermine military morale and recruiting
08-0592 FRESH COAT, INC. v. K-2, INC.
No full text08-0592 Fresh Coat Inc. v. K-2 Inc. from Montgomery County and the 9th District Court of Appeals, Beaumont For petitioner: Kevin Jewell, Houston For cross-petitioner/respondent: Thomas C. Wright, Houston A principal issue is whether a subcontractor hire
08-0215 UNIV. OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS v. THE ESTATE OF IRENE ESTHER ARANCIBIA
No full text08-0215 University of Texas Southwestern Medical Center at Dallas v. Estate of Irene Esther Arancibia from Dallas County and Fifth District Court of Appeals, Dallas For petitioner: Daniel L. Geyser, Austin For respondents: Lance Caughfield, Dallas A prin
07-1050 ZACHRY CONSTRUCTION CORP. v. TEXAS A&M UNIVERSITY
No full text07-1050 Zachry Construction Corp., et al. v. Texas A&M University from Brazos County and the 10th District Court of Appeals, Waco For petitioners: Ben Taylor, Dallas For respondent: James C. Ho, Austin In this case arising from the 1999 Texas A&M bonfir