Arts and Humanities Commons^™

Milton Holland: An Enslaved Texan Who Earned The Nation's Highest Military Honor, Patrick Coan

Honors Program Theses and Research Projects

Texans have long contended that slavery in Texas was marginal. Early scholars depicted Texas as a western state rather than a southern state dedicated to slavery. However, slavery was central to Texas from the 1830s-1860s. The story of Milton Holland offers a window into the importance of slavery in Texas and the importance of enslaved Texans in U.S. history. Holland was the first Texan to win the Medal of Honor (not just the first black Texan to win the Medal of Honor). Despite this achievement and Texas’ affinity for military prowess, Holland remains missing in Texas history textbooks, the Bob …

Security, Stability, Or Both? Peru's Complexities In Detaining German Peruvians, Brissa Campos Toscano

Honors Program Theses and Research Projects

The United States established internment camps during World War II, detaining families from Latin American Countries for national security, with a focus on German, Italian, and Japanese ethnicities (Roosevelt 1941). However, German ethnicity families living in Latin America who were taken to internment camps in Crystal City, Texas, are less visible in history, Jane Jarboe Russell’s book “The Train to Crystal City” made some of the internees’ stories more visible. I will contend that the principal reason for Peru’s collaboration in the U.S-Latin American Internment Program was to obtain economic, political and social benefits from the United States which would …

Military Women In World Cinema: A 20th Century History And Filmography, Introduction, Deborah A. Deacon, Stacy Fowler

Faculty Articles

From British soldier Flora Sandes to the fame World War II Night Witches of the Soviet Air Force, women across the globe stepped up to defend their countries during every major and minor conflict of the twentieth century, and filmmakers have long attempted to capture their stories.

This book analyzes real and fictional military women's portrayals in world cinema, including movies from Israel, the United Kingdom, Italy, China, France, the Soviet Union, and others. It includes theatrical releases, direct-to-video productions, and made-for-television films.

Chapters, organized by decade, address topics including the women's sexuality, maternal and marital status, leadership skills, actual …

The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee

St. Mary's Law Journal

No abstract provided.

Revisiting The History Of The Independent State Legislature Doctrine, Hayward H. Smith

St. Mary's Law Journal

In hopes of legitimizing the independent state legislature doctrine, its proponents have recently made two claims with respect to history, which this Article refers to as the Substance/Procedure Thesis and the Prevailing View Thesis. The former admits that the original understanding was that state “legislatures” promulgating election law pursuant to the Elector Appointment and Elections Clauses are required to comply with state constitutionally-mandated “procedural” lawmaking requirements (such as a potential gubernatorial veto), but asserts that they were otherwise understood to be independent of “substantive” state constitutional restraints. The latter asserts that the independent state legislature doctrine was the “prevailing view” …

Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg

St. Mary's Law Journal

Political scandal arose from almost the outset of President Warren G. Harding’s administration. The scandal included corruption in the Veterans’ Administration, in the Alien Property Custodian, but most importantly, in the executive branch’s oversight of the Navy’s ability to supply fuel to itself. The scandal reached the Court in three appeals arising from the transfer of naval petroleum management from the Department of the Navy to the Department of the Interior. Two of the appeals arose from President Coolidge’s decision to rescind oil leases to two companies that had funneled monies to the Secretary of the Interior. A third appeal …

There Is Only One Texas Constitution, Joshua Morrow

St. Mary's Law Journal

The pre-ratification text of the Texas Constitution appeared throughout the state in conflicting English-and foreign-language copies. Some commentators argue that it is impossible to know which copy the people ratified, or even that Texas does not have a constitution. These arguments create theoretical problems, because courts interpreting the constitution assume that it consists of fixed and determinable text. And the principle of popular sover­eignty precludes denying that the constitution exists. The conflicting copies also create practical problems. Are the legislature’s acts void for failing to include a Spanish-language enacting clause? May the state imprison citizens for debt, since the German …

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …

A Century In Uniform: Military Women In American Films, Introduction, Stacy Fowler, Deborah A. Deacon

Faculty Articles

From silents of the early American motion picture era through 21st century films, this book offers a decade-by-decade examination of portrayals of women in the military. The full range of genres is explored, along with films created by today's military women about their experiences.

Laws regarding women in the service are analyzed, along with discussion of the challenges they have faced in the push for full participation and of the changing societal attitudes through the years.

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles the forces contributing …

Don't Delete That Tweet: Federal And Presidential Records In The Age Of Social Media, Gabriel M. A. Elorreaga

St. Mary's Law Journal

Statutes governing preservation of presidential records must be adapted to accommodate presidents’ evolving use of social media accounts. The Freedom of Information Act is meant to promote government transparency, and subjects governmental agencies to information requests from members of the public. However, as it relates to social media records, the problem is one of volume; are the means of preservation currently in place able to adequately address the vast amount of records created by a President’s use of social media? This Comment argues that they are not, although they do provide a useful basis for how to adapt record preservation …

St. Mary's Law Journal Fiftieth Anniversary, John Cornyn

St. Mary's Law Journal

Senator John Cornyn of Texas congratulates the St. Mary's Law Journal on its fiftieth anniversary.

An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú

St. Mary's Law Journal

Dean Emeritus Charles E. Cantú has worked at St. Mary’s University since 1966 when Dean Ernest A. Raba first hired him. He served as the youngest law professor in the nation at the age of twenty-five, and the first full-time Hispanic law professor. After a considerable tenure working at all three locations of St. Mary’s University School of Law and serving under four of the school’s most recent former deans, this article offers his personal recollections and observations of the history of the law school from the 1960s to the present.

This article is the culmination of a ten-hour oral …

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of the St. Mary’s Law …

Community Leaders Negotiate A Framework For Their Archival Collection, Diane Duesterhoeft

Faculty Publications

This presentation describes the path an established community organization traveled toward getting their historicalmaterials into a local archive.

No Lo Tires! Don't Throw It Away! Texas Latino Archives Shaping Their Own Narrative: Community Leaders Negotiate A Framework For Their Archival Collection, Diane Duesterhoeft

Faculty Publications

Practical tips for organizations and individuals considering preserving their historical records with a local archive.

History Of The Department Of Theology (Under-Graduate), John G. Leies Sm

Documents

No abstract provided.