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Articles 1 - 11 of 11
Full-Text Articles in Jurisprudence
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.
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.
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.
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 …
A House Built On Sand: The Qualified Immunity Case For Keeping The Smith Doctrine, Joshua L. Johnston
A House Built On Sand: The Qualified Immunity Case For Keeping The Smith Doctrine, Joshua L. Johnston
St. Mary's Law Journal
No abstract provided.
Public Accommodations Originalism’S Inability To Solve The Problems Of Online Content Moderation, Vincent A. Marrazzo
Public Accommodations Originalism’S Inability To Solve The Problems Of Online Content Moderation, Vincent A. Marrazzo
St. Mary's Law Journal
In response to online platforms’ increasing ability to moderate content in what often seems to be an arbitrary way, Justice Clarence Thomas recently suggested that platforms should be regulated as public accommodations such that the government could prevent platforms from banning users or removing posts from their sites. Shortly thereafter, Florida passed the Transparency in Technology Act, which purported to regulate online platforms as public accommodations and restricted their ability to ban users, tailor content through algorithmic decision-making, and engage in their own speech. Texas followed suit by passing a similar law, and Arizona debated a bill purporting to regulate …
Taking Corrigibility Seriously, Dora Klein
Taking Corrigibility Seriously, Dora Klein
Faculty Articles
This article argues that the Supreme Court's creation of a category of "irreparably corrupt" juveniles is not only an epistemological mistake but also a tactical mistake which has undermined the Court's express desire that only in the "rarest" of cases will juveniles be sentenced to life in prison without the possibility of parole.
The Lawyer As Dream Enabler, Gerald S. Reamey
The Lawyer As Dream Enabler, Gerald S. Reamey
Faculty Articles
In law school and in law practice, the power of preparation is reinforced. Generations of law students have heard me extol the virtue of preparation above all others. While it is true, even the best preparation will never beat luck; luck is fickle and not subject to our control. On the other hand, we totally control the amount and quality of the preparation we put into any project. I discovered preparation is more important than good looks, nice clothes, a shiny leather briefcase, eloquence, experience, or even intelligence.
A Tribute To Gerald S. "Geary" Reamey, Michael Ariens
A Tribute To Gerald S. "Geary" Reamey, Michael Ariens
Faculty Articles
Geary Reamey began teaching at St. Mary's University School of Law in the Fall 1982 semester. He will have taught for forty-one years at St. Mary's when he retires in May 2023. Geary is known throughout Texas for his work, both as a speaker and as a writer, educating lawyers and judges about Texas criminal law and procedure. He is known among St. Mary's Law alumni for creating and operating, along with the late John Schmolesky, a vibrant criminal law and procedure curriculum, including the first-year Criminal Law course.