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Full-Text Articles in Law
Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen
Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen
St. Mary's Law Journal
Few Texas laws enacted in recent decades have had a greater impact on civil litigation or been more litigated than the Texas Citizen’s Participation Act (“TCPA”) passed in 2011. Despite its stated purpose of protecting First Amendment rights, as written, the TCPA’s seemingly limitless application confounded judges and litigants alike, causing the 86th Legislature in 2019 to pass sweeping changes to that law. The Article describes the original statute’s problematic nature, the caselaw interpreting it, and the recent changes’ legislative history and substance. The authors highlight contributions of key legislators and stakeholders. The Article’s extensive treatment of changes to key …
Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge, Josiah M. Daniel Iii
Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge, Josiah M. Daniel Iii
St. Mary's Journal on Legal Malpractice & Ethics
After hearing for the first time the lawyer-disparaging phrase, “licensed liar,” the author investigated its significance. This article presents the question of those two words’ meaning and explains how the author reached the conclusion that, as applied to attorneys, the phrase is an unmerited epithet. The phrase is known and utilized in nonlegal texts in fields such as fiction, poetry, literary criticism, and journalism, but the two words are absent from legal texts. The author’s discovery of the phrase in various criticisms of lawyers in other publications illuminates and confirms that the phrase constitutes the pejorative allegation that an attorney …
Dividing Stereotyping And Religion: The Legal Implications Of The Ambiguous References To Voodoo In U.S. Court Proceedings., Danielle N. Boaz
Dividing Stereotyping And Religion: The Legal Implications Of The Ambiguous References To Voodoo In U.S. Court Proceedings., Danielle N. Boaz
The Scholar: St. Mary's Law Review on Race and Social Justice
In human rights law, freedom of religion generally possesses three main components: the right to freedom of thought and conscience, freedom to manifest religion or beliefs, and freedom to profess, disseminate, or share religion or beliefs. The latter two are typically subject to restrictions such as public safety, health, morals, and the rights and freedoms of others. They are also the two most often litigated components. For centuries, colonizers deprived practitioners of their freedom of religion in the Americas – specifically African-based traditions, such as Voodoo. Stereotypes about Voodoo, which stem from early colonizer observance and belief that Haitians were …