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Reconsidering Religion Policy as Violence: Lyng v. Northwest Indian Cemetery Protection Association - Celebrating Ten Years of Giving a Voice to the Voiceless
No full textIn this article we reconsider the impediments to American Indian religious practice by focusing on the United States Supreme Court's ruling in Lyng v. Northwest Indian Cemetery Protective Association. Although almost two decades old, the Lyng decision remains guiding precedent for Supreme Court decisions regarding Indians and federal Indian policy, specifically as it relates to Indian religious practice. This Court decision also shapes how political institutions within the United States government interact with Indian tribes over religious issues. In examining Lyng, we contend that the United States government practices a form of violence in its policies governing Indian religious rights. After defining violence as a breach of reciprocal agreements and established policy, and applying the concept to the Lyng decision, we suggest that the implications for Lyng extend beyond violence in the area of religion, and fit a larger question of the legal contradiction inherent in federal Indian policy
When Second-Parent Adoption is the Second-Best Option: The Case for Legislative Reform as the Next Best Option for Same-Sex Couples in the Face of Continued Marriage Inequality - Celebrating Ten Years of Giving a Voice to the Voiceless
No full textThis Note begins from the premise that same-sex parenting is a viable and acceptable parentage arrangement. It provides an overview of state laws concerning same-sex second-parent adoptions, including past legislative and judicial action on the issue. An argument is then made for the best course of action for securing greater protections for such familial situations. Based on a number of considerations, this Note advocates legislative action as the preferred route for reform. Such legislation ultimately results in a predictable, more enduring framework-allowing same-sex couples to secure their legal parentage, and more importantly, providing children the legal protection of both parents
Law Notes: St. Mary's University School of Law Newsletter Fall 2008
No full textCulture Change: St. Mary's Students Work to Change Justice System, 2008 Distinguished Law Graduates Celebrated, Former Texas Supreme Court Justice Honored, Clinic Faculty Bolstered By New Talent, Law School Graduates 240, Rosas Mexican Government, In Me
The Mortgage Reform and Anti Predatory Act of 2007: Paving a Secure Path for Minorities in the Midst of the Subprime Debacle - Celebrating Ten Years of Giving a Voice to the Voiceless (Comment)
No full textThe Subprime Lending Crisis; Pending Anti-Predatory Lending Legislation; Scope of the Comment; Legal Background; The Rise of the Subprime Lending Crisis; Before The Mortgage Reform and Anti-Predatory Lending Act of 2006: The Truth in Lending Act, Real Estate Settlement Procedures Act, & Home Ownership & Equity Protection Act; The Truth in Lending Act; Real Estate Settlement Act; Home Ownership and Equity Protection Act; State Statutes Acting Against Predatory Lending; Preemption of State Predatory Lending Regulations; Potential Problems and Benefits of The Mortgage Reform and Anti-Predatory Lending Act of 2007; Amendments Pertaining to Mortgage Origination; Licensing and registry of Mortgage Brokers; Prohibition of Yield Spread Premium as Compensation to Originators; Amendments to the Definition of High-Cost Mortgages; Minimum Standards of Mortgages; Good Faith Establishment of Ability to Repay; Net Tangible Benefit; Expansion of Housing Counseling; Incorporation of H.R. 3012 to The Mortgage Reform and Anti-Predatory Lending Act of 2007; Simplification of Lending Disclosures; Prohibition of Abusive Practices; Prevention of Mortgage Fraud
07-1031 CITY OF DESOTO, TEXAS v. WHITE
No full text07-1031 City of DeSoto v. Justin White from Dallas County and the Fifth District Court of Appeals, Dallas For petitioner: Amber L. Slayton, Dallas For respondent: Randy Doubrava, Austin The principal issue is whether a hearing examiner had jurisdiction o
07-0806 HARRELL v. THE STATE OF TEXAS
No full text07-0806 Walter E. Harrell v. State of Texas from Terry County and the Seventh District Court of Appeals, Amarillo For petitioner: James Caleb Scott, Dallas For respondent: Jason Bujnosek, Brownfield The principal issues are (1) whether the state is requi
06-1034 STATE OF TEXAS v. LUECK
No full text06-1034 State of Texas v. George Lueck from Travis County and the Third District Court of Appeals, Austin For petitioners: Ryan Clinton, Dallas For respondent: Gregory C. Douglass, Austin The issues in this Whistleblower Act case are (1) whether Lueck,
07-0581 IN RE HAROLD R. SCHMITZ
No full text07-0581 In re Harold R. Schmitz, et al. from Bexar County and the Fourth District Court of Appeals, San Antonio For relators: Debra J. McComas, Dallas For real party in interest: Kevin K. Green, San Diego The Supreme Court will hear arguments of whether