Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (973)
- Law and Society (946)
- Environmental Law (863)
- Oil, Gas, and Mineral Law (854)
- Health Law and Policy (853)
-
- Jurisprudence (851)
- Legal Ethics and Professional Responsibility (849)
- Military, War, and Peace (839)
- Immigration Law (834)
- Constitutional Law (126)
- Legal Remedies (96)
- Torts (93)
- Property Law and Real Estate (78)
- Criminal Procedure (73)
- Civil Procedure (66)
- Criminal Law (65)
- Legal History (47)
- Courts (45)
- Family Law (35)
- Secured Transactions (33)
- Contracts (30)
- Legal Profession (29)
- Consumer Protection Law (26)
- Law and Politics (26)
- Supreme Court of the United States (26)
- Evidence (25)
- Education (24)
- Tax Law (24)
- Civil Law (23)
- Keyword
-
- St. Mary’s Law Journal (447)
- St. Mary’s University School of Law (440)
- Inc. (80)
- Texas (65)
- Student comment (52)
-
- Texas Supreme Court (43)
- First Amendment (29)
- St. Mary's University School of Law (25)
- Fourteenth Amendment (24)
- Texas Constitution (23)
- Negligence (22)
- Jr. (21)
- Due Process Clause (19)
- Sixth Amendment (19)
- Equal Protection Clause (18)
- Due process (16)
- Criminal law (15)
- Legal malpractice (15)
- Supreme Court (15)
- St. Mary’s School of Law (14)
- United States Supreme Court (14)
- Arbitration (13)
- Fourth Amendment (13)
- Fraud (13)
- Texas Disciplinary Rules of Professional Conduct (13)
- U.S. Const. amend. XIV (13)
- Fifth Amendment (12)
- Liability (12)
- Mexico (12)
- Model Rules of Professional Conduct (12)
- Publication Year
- File Type
Articles 1 - 30 of 1632
Full-Text Articles in Law
The Next Thirty Years: Developments In Mandamus Jurisprudence In The Last Thirty Years And Why The General Rule That Mandamus Is Unavailable To Review The Denial Of Summary Judgment Is Inconsistent With Modern Mandamus Jurisprudence Under The In Re Prudential Balancing Test, Timothy Delabar
St. Mary's Law Journal
No abstract provided.
Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson
St. Mary's Law Journal
No abstract provided.
Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni
Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni
St. Mary's Law Journal
The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this “whole-of-government approach” may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh …
Existing Challenges And Possible Pathways For Case Success In Climate Litigation With Human Rights Claims, Daniel Ziebarth
Existing Challenges And Possible Pathways For Case Success In Climate Litigation With Human Rights Claims, Daniel Ziebarth
St. Mary's Law Journal
No abstract provided.
Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts
Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts
St. Mary's Law Journal
No abstract provided.
The Americans With Disabilities Act: Website Accessibility And A Foreign Solution To A Domestic Problem, James Toye
The Americans With Disabilities Act: Website Accessibility And A Foreign Solution To A Domestic Problem, James Toye
St. Mary's Law Journal
No abstract provided.
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
St. Mary's Law Journal
No abstract provided.
Fording The Stream Of Commerce: What Relatedness Tells Us About Stream Of Commerce Cases, Eric Porterfield
Fording The Stream Of Commerce: What Relatedness Tells Us About Stream Of Commerce Cases, Eric Porterfield
St. Mary's Law Journal
The limit personal jurisdiction has on a court’s authority has long relied on a three-element test: (1) the defendant must have certain minimum contacts with the forum state, (2) the lawsuit must arise out of or be connected to the defendant’s contacts with the forum state, and (3) the exercise of jurisdiction must not offend “traditional notions of fair play and substantial justice.” The Supreme Court of the United States has spoken often about element one—”“minimum contacts.” Many cases detail the nature and quality of a defendant’s conduct that can create the requisite contacts with the forum state to justify …
Translating A Cbdc Dollar Into A Constitutional Dollar, Christopher P. Guzelian
Translating A Cbdc Dollar Into A Constitutional Dollar, Christopher P. Guzelian
St. Mary's Law Journal
The constitutional Dollar was a silver coin. Federal and state paper moneys were
unconstitutional, and gold and copper coins were not Dollars. Consequently, notable
constitutional originalists claim any Dollar not constructed from silver—including the
current widely circulating paper Federal Reserve note—is unconstitutional. But the Dollar
soon may undergo an unprecedented technological metamorphosis: in 2022, the White
House and the Federal Reserve Bank Board of Governors advocated the possible adoption
of a U.S. Central Bank Digital Currency (“CBDC” Dollars). Private commercial
electronic bank credits have been issued for some time, but a CBDC Dollar would be
America’s first electronic government currency. …
Public Law 86-272 And The Texas Margin Tax, Marvin J. Williams
Public Law 86-272 And The Texas Margin Tax, Marvin J. Williams
St. Mary's Law Journal
No abstract provided.
Cracking Down On Egg Law: Legal Discrepancies Impacting Sales Of Ungraded Eggs In Texas, Parker Benton
Cracking Down On Egg Law: Legal Discrepancies Impacting Sales Of Ungraded Eggs In Texas, Parker Benton
St. Mary's Law Journal
No abstract provided.
The Right To Procreate By Nontraditional Methods, Elizabeth Kreager
The Right To Procreate By Nontraditional Methods, Elizabeth Kreager
St. Mary's Law Journal
No abstract provided.
Pro Se Litigants In The U.S. Supreme Court: How Do They Fare?, Kyle Persaud
Pro Se Litigants In The U.S. Supreme Court: How Do They Fare?, Kyle Persaud
St. Mary's Law Journal
No abstract provided.
Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider
Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider
St. Mary's Law Journal
The thesis developed in this Article is that the Heller and Bruen cases involved primarily right-to-privacy concerns. By its terms, the Second Amendment involves the collective right to bear Arms in connection to regulated militia service and does not mention handguns. Handguns were not “ordinary military weapons” employed by a militia at the time of the American revolution under the originalist view. The Ninth and Fourteenth Amendments are more appropriate sources for an individual privacy right related to the possession of handguns for private purposes, such as for self-defense or suicide. However, a prohibition of handguns under this approach would …
Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning
Texans Shortlisted For The U.S. Supreme Court: Why Did Lightning Only Strike Once?, The Honorable John G. Browning
St. Mary's Law Journal
No abstract provided.
Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
St. Mary's Law Journal
Most transgressions of environmental law in the United States are remedied with civil or administrative tools. When crimes involve significant harm or culpable conduct, criminal enforcement tools may be applied. With the importance of environmental criminal enforcement for punishing offenders and deterring future offenses, we still have little empirical understanding of this phenomenon in Texas. We use content analysis of 2,588 federal environmental criminal prosecutions that result from EPA criminal investigations from 1983 to 2019 and select all prosecutions occurring in Texas. Our approach allows us to explore prosecution patterns over time, examine charging and sentencing trends, and draw out …
The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende
The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende
St. Mary's Law Journal
No abstract provided.
Does The Prohibition Of Counter-Supersedeas Against The State Prohibit Any Action With The Same Result?—A Look At In Re Texas Education Agency, Heather C. Montoya
Does The Prohibition Of Counter-Supersedeas Against The State Prohibit Any Action With The Same Result?—A Look At In Re Texas Education Agency, Heather C. Montoya
St. Mary's Law Journal
No abstract provided.
On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy
On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy
St. Mary's Law Journal
No abstract provided.
The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier
The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier
St. Mary's Law Journal
No abstract provided.
The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti
The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti
St. Mary's Law Journal
This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.
Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins
Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins
St. Mary's Law Journal
No abstract provided.
To André Hampton: Professor Of Law And Former Provost, Charles Cotrell
To André Hampton: Professor Of Law And Former Provost, Charles Cotrell
St. Mary's Law Journal
No abstract provided.
More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless, Tim Donaldson
More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless, Tim Donaldson
St. Mary's Law Journal
No abstract provided.
A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk
A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk
St. Mary's Law Journal
No abstract provided.
Fundamentals Of Oil And Gas Royalty Calculation, Byron C. Keeling
Fundamentals Of Oil And Gas Royalty Calculation, Byron C. Keeling
St. Mary's Law Journal
No abstract provided.
Preference-Based Federalism, Marquan Robertson
Preference-Based Federalism, Marquan Robertson
St. Mary's Law Journal
No abstract provided.
John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence, Luke G. Cleland
John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence, Luke G. Cleland
St. Mary's Law Journal
No abstract provided.
Dinner With André: A Personal Tribute To André Hampton, David Dittfurth
Dinner With André: A Personal Tribute To André Hampton, David Dittfurth
St. Mary's Law Journal
No abstract provided.
The Divine Right Of Judges: How Christian Thought Shaped The American Judiciary, Elise Mclaren Villers
The Divine Right Of Judges: How Christian Thought Shaped The American Judiciary, Elise Mclaren Villers
St. Mary's Law Journal
This Essay continues a discussion on the authority of courts, executives, and legislators to govern nations where the law diverges from necessity or morality. In a previous Comment, P. Elise McLaren, Answering the Call: A History of the Emergency Power Doctrine in Texas and United States, 53 St. Mary’s L.J. 287 (2022), I asked whether necessity or emergency ever supersedes the law, i.e., whether “emergency powers” exist. In this Essay, I ask whether the government is held accountable to a force other than the people themselves, namely, religious influence. As was done with respect to emergency powers, I ask …