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Articles 1 - 24 of 24
Full-Text Articles in Legal History
Defiance, Lackland H. Bloom Jr
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. …
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.
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.
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.
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.
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.
The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee
The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee
St. Mary's Law Journal
No abstract provided.
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
St. Mary's Law Journal
Abstract forthcoming.
There Is Only One Texas Constitution, Joshua Morrow
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 …
Texas: A Weak Governor State, Or Is It?, Ron Beal
Texas: A Weak Governor State, Or Is It?, Ron Beal
St. Mary's Law Journal
The current Texas Constitution was adopted in 1876 and was written after the Civil War and the Reconstruction Period when Federal troops occupied the State. The general perception is that the Federal troops used the Governor, in essence, to impose a form of dictatorship over the people. It was clearly the intent of the new constitution’s framers to create a very weak governor form of government in order to spread its powers to many independently elected officials. It provided that the state officers who were appointed by the Governor and approved by the Senate were semi-independent from the Governor by …
Ezra, Rehnquist, And St. Mary’S University, Lance Kimbro
Ezra, Rehnquist, And St. Mary’S University, Lance Kimbro
St. Mary's Law Journal
Abstract forthcoming.
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 …
City Of San Antonio Presents Official Congratulations On The 50th Anniversary Of The St. Mary’S Law Journal, Ron Nirenberg
City Of San Antonio Presents Official Congratulations On The 50th Anniversary Of The St. Mary’S Law Journal, Ron Nirenberg
St. Mary's Law Journal
City of San Antonio Presents Official Congratulations on the 50th Anniversary of the St. Mary’s Law Journal.
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
St. Mary's Law Journal
Abstract forthcoming
Making The Modern American Legal Profession, 1969–Present, Michael Ariens
Making The Modern American Legal Profession, 1969–Present, Michael Ariens
St. Mary's Law Journal
The American legal profession has changed dramatically over the past half-century greatly due to the solution and problem of “scale.” This was most noticeable after the American Bar Association’s adoption of the Code of Professional Responsibility. The reputation of lawyers and the legal community would continue to evolve in the eyes of the public. As such, the demand for lawyers and large law firms who had the capacity and means to handle such vast and varied issues would present itself. The increasing demand from large law firms over the years led to unprecedented growth and impact to the way in …
Happy Golden Anniversary, St. Mary's Law Journal!, Stephen M. Sheppard
Happy Golden Anniversary, St. Mary's Law Journal!, Stephen M. Sheppard
St. Mary's Law Journal
Stephen M. Sheppard, Dean of St. Mary's University School of Law, congratulates the St. Mary's Law Journal on its fiftieth anniversary in this foreword to Volume 50.
St. Mary's Law Journal Fiftieth Anniversary, John Cornyn
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
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
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 …
The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright
The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright
St. Mary's Law Journal
The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge. …
Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.
Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.
St. Mary's Law Journal
Abstract forthcoming
Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson
Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson
St. Mary's Law Journal
Abstract forthcoming
The Development Of Chinese Constitutionalism, Chenglin Liu
The Development Of Chinese Constitutionalism, Chenglin Liu
St. Mary's Law Journal
Since the establishment of the People's Republic of China (PRC) in 1949, the country has enacted four constitutions. This Article provides a historical analysis of how the Communist Party of China (the Party) and its paramount leaders shaped each constitution, influenced the public perception of the law, and determined the method individual constitutional rights should be permitted. Through examining leading incidents that defined the PRC's history, this Article provides a detailed examination of how the Party used a constitutional framework to achieve its specific agenda of the time.