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Unequal Protection: The Pragmatic Approach to Interpreting the Fourteenth Amendment

May 17, 2017 // 0 Comments

By Adam J. Ondo, Comment Editor. I. INTRODUCTION: A MOST RANDOM EXCEPTION The thesis of this article is not that affirmative action in higher education is an immoral or unwise policy, but that it is unconstitutional under the Fourteenth Amendment if any formal theory of constitutional interpretation is applied. Worded differently, it is a criticism of the Supreme Court’s recent interpretations of the Equal Protection Clause as applied to the use of race in college admissions. Affirmative [...]

Supreme Court of Texas Update: Tex. Dep’t of Pub. Safety v. Bonilla

March 24, 2016 // 0 Comments

Tex. Dep’t of Pub. Safety v. Bonilla No. 14-0694 Case Summary written by Adam J. Ondo, Staff Member. PER CURIAM. The facts leading up to this case began with a Texas Department of Public Safety (DPS) trooper pursuing a speeding truck that was recklessly weaving in and out of traffic. During the chase, the officer ran a red light, causing an accident that resulted in Merardo Bonilla sustaining injuries. Bonilla then sued DPS, asserting that the Texas Tort Claims Act’s sovereign immunity [...]

Employment Protections for Victims of Domestic Violence

February 5, 2016 // 0 Comments

By Adam J. Ondo, Staff Member. I. Introduction Natasha Velez worked at a New York City Chipotle restaurant, preparing burritos and working the register.[1] On January 1, 2013, Natasha was beaten and choked by her then‑boyfriend. The assault left her with a broken left index finger that required a splint. On her first day back, she informed her manager that she had been assaulted in a domestic violence incident. She then explained to her manager that her doctors told her that she could not [...]

Supreme Court of Texas Update: William Marsh Rice Univ. v. Refaey

November 13, 2015 // 0 Comments

William Marsh Rice Univ. v. Refaey PD–0383–14 Case Summary written by Adam J. Ondo, Staff Member. PER CURIUM. In the early morning of July 23, 2009, Officer Gary Spears, a peace officer employed by William Marsh Rice University (Rice University), noticed Rasheed Refaey parked on the street, across from the university. Refaey was kissing a woman located inside the vehicle. When Officer Spears went to investigate what he deemed suspicious behavior, Refaey drove off. Spears pursued him for two [...]

Court of Criminal Appeals Update: Price v. State

September 1, 2015 // 0 Comments

Price v. State No. PD–0383–14 Case Summary written by Adam J. Ondo, Staff Member. JUDGE JOHNSON delivered the opinion of the court in which JUDGE KELLER, JUDGE KEASLER, JUDGE HERVEY, JUDGE ALCALÁ, JUDGE RICHARDSON, and JUDGE NEWELL joined. Law-enforcement officials arrested the appellant for third-degree-felony family-violence assault after his girlfriend informed numerous medical personnel that he had struck and choked her. The girlfriend told the nurse that the appellant had choked her [...]