Law Commons^™

Class Of 1997 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 1997

Upon Leaving A Firm: Tell The Truth Or Hide The Ball, Charles E. Cantú, Jared Woodfull V

Faculty Articles

Over the last fifteen years, two divergent common law views have emerged regarding the enforceability of noncompetition clauses between attorneys. The first is exemplified by two Oregon appellate cases and the landmark New York Court of Appeals’ decision, Cohen v. Lord, Day & Lord, whereby noncompetition clauses between attorneys were found void as against public policy. The second adopts a contrary opinion, questioning the conventional wisdom that those who seek legal advice must be afforded the broadest possible choice of counsel.

At present, a balancing test is used to reject the per se impermissibility of noncompetition clauses between lawyers. However, …

The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson

St. Mary's Law Journal

This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …

Self-Publication: Defamation Within The Employment Context., Howard J. Siegel

St. Mary's Law Journal

This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …

U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger

St. Mary's Law Journal

U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …

Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith

St. Mary's Law Journal

Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …

Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro

St. Mary's Law Journal

Every decade, after the federal government has taken the census, Americans endure the process of redistricting Congress, state legislatures, county commissioner precincts, school boards, city councils, and a host of other elected bodies. Governed by the interplay of federal, state, and local law, the reapportionment process would seem to be a relatively easy task in theory. Yet, overriding forces unique to the political arena and the judiciary’s voice in redistricting questions undermine the implementation of such a simple system. Narrow interpretation of the Voting Rights Act of 1965 by the United State Supreme Court and lower federal courts further intensify …

Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse

St. Mary's Law Journal

It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …

The Recycling, Dismantling, And Destruction Of Goods As A Foreseeable Use Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantú

Faculty Articles

The past thirty years have witnessed the significant expansion and transformation of products liability law. While much of the initial confusion regarding the application and interpretation of Section 402A of the Restatement (Second) of Torts has been settled, some problems remain.

One of these problem areas involves the allocation of liability for injuries resulting from the destruction, dismantling, and recycling of products whose useful lives have come to an end. In this situation, the law has evolved to provide a rule that imposes no liability upon the manufacturer. The courts have reasoned that individuals engaged in reclamation procedures are not …

Erisa: Extracontractual Damages Mandated For Benefit Claims Actions, George Lee Flint Jr

Faculty Articles

Before 1974, participants in employer retirement plans seeking monetary relief for denied benefits were often hindered by procedural and jurisdictional obstacles. The Employee Retirement Income Security Act (“ERISA”) was passed in an effort to preclude hindrances and establish federally protected causes of action, which include equitable remedies and extracontractual damages. However, a jurisdictional split in the interpretation of ERISA in the federal circuits and among the states continues to impede participants full relief for their injuries. Furthermore, disparaging dicta in the Supreme Court decision in Massachusetts Mutual Life Insurance Co. v. Russell incorrectly suggests Congress intentionally foreclosed contractual remedies not …

The Gentleman Who Was Thursday, Emily A. Hartigan

Faculty Articles

When Marie Failinger and I began to play with metaphors as we talked about the scroll to honor Tom Shaffer, we did consider and discard some. From that heap of castoffs, I want to begin big and tell you the clearest discard, the biggest miss: Tom as a peach of a man. The positive side of the image is roundness as an indicator of wholeness, of even feminine circularity, of integrity. The down side of roundness need not be spelled out in detail (and we certainly do not want to suggest fuzziness). . . but there is that one lingering …