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Articles 1 - 30 of 79
Full-Text Articles in Legal History
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.
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.
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. …
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 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.
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.
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.
The Legacy Of Johnson V. Darr: The 1925 Decision Of The All-Woman Texas Supreme Court, Jeffrey D. Dunn
The Legacy Of Johnson V. Darr: The 1925 Decision Of The All-Woman Texas Supreme Court, Jeffrey D. Dunn
St. Mary's Law Journal
The Texas Supreme Court case of Johnson v. Darr,[1] the first case decided in any state by an all-woman appellate court, was a singular event in American legal history. On January 9, 1925, three women lawyers appointed by Texas Governor Pat Neff met at the state capitol in Austin to issue rulings solely on one case involving conflicting claims to several residential properties in El Paso. The special court was appointed because the three elected justices recused themselves over a conflict of interest involving one of the litigants, a popular fraternal organization called Woodmen of the World. The special …
Revisiting The History Of The Independent State Legislature Doctrine, Hayward H. Smith
Revisiting The History Of The Independent State Legislature Doctrine, Hayward H. Smith
St. Mary's Law Journal
In hopes of legitimizing the independent state legislature doctrine, its proponents have recently made two claims with respect to history, which this Article refers to as the Substance/Procedure Thesis and the Prevailing View Thesis. The former admits that the original understanding was that state “legislatures” promulgating election law pursuant to the Elector Appointment and Elections Clauses are required to comply with state constitutionally-mandated “procedural” lawmaking requirements (such as a potential gubernatorial veto), but asserts that they were otherwise understood to be independent of “substantive” state constitutional restraints. The latter asserts that the independent state legislature doctrine was the “prevailing view” …
The Dark Side Of Due Process: Part I, A Hard Look At Penumbral Rights And Cost/Benefit Balancing Tests, Joshua J. Schroeder
The Dark Side Of Due Process: Part I, A Hard Look At Penumbral Rights And Cost/Benefit Balancing Tests, Joshua J. Schroeder
St. Mary's Law Journal
Due process is the fountainhead of legitimate government coercion. When an individual’s rights of life, liberty, or property are at stake, the government is meant to apply due process of the law or suffer reversal of its intrusions as a plain trespass. However, such reversals are merely theoretical, premised upon the willingness of federal judges to interpose their power for the protection of ordinary individuals.
The willingness of federal jurists to check the other branches of government for individual rights is transient at best. They do not usually check the global, dragnet United States surveillance programs that clearly violate the …
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.
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas’s lack of a codified gender correction process is unjust, illegal, and against public policy. This comment highlights the injustice faced by transgender Texans without gender concordant identity documents. These injustices include discrimination based on gender stereotypes, violation of the transgender individual’s right to privacy, and violations of public policy. This comment explores possible solutions to the injustices faced by transgender Texans due to the lack of a codified uniform way to correct gender markers in Texas modeled on other jurisdictions’ approaches to this problem.
First, this comment traces the history of the recognition of transgender people and transgender rights …
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
The Scholar: St. Mary's Law Review on Race and Social Justice
This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …
Judicial Federalism And The Appropriate Role Of The State Supreme Courts: A 20-Year (2000–2020) Study Of These Courts’ Interest Evaluations Of The Fruits And The Attenuation Doctrines, Dannye R. Holley Mr.
Judicial Federalism And The Appropriate Role Of The State Supreme Courts: A 20-Year (2000–2020) Study Of These Courts’ Interest Evaluations Of The Fruits And The Attenuation Doctrines, Dannye R. Holley Mr.
St. Mary's Law Journal
The current composition of the United States Supreme Court increases the probability that the Court will be more likely to side with the government with respect to identifying, evaluating, and reconciling the interest of the government versus those of the people when issues of “policing” reach the high court. This opens the door for state supreme court to independently assess individually and collectively these seemingly competing interests and potentially provide greater protections to the interest of the people.
This Article is a twenty-year study of dozens of state supreme court decisions made during the period of 2000–2020. The decisions focused …
Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg
Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg
St. Mary's Law Journal
Political scandal arose from almost the outset of President Warren G. Harding’s administration. The scandal included corruption in the Veterans’ Administration, in the Alien Property Custodian, but most importantly, in the executive branch’s oversight of the Navy’s ability to supply fuel to itself. The scandal reached the Court in three appeals arising from the transfer of naval petroleum management from the Department of the Navy to the Department of the Interior. Two of the appeals arose from President Coolidge’s decision to rescind oil leases to two companies that had funneled monies to the Secretary of the Interior. A third appeal …
Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics, Garrick Apollon
Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics, Garrick Apollon
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the continuing legal education (CLE) visual advocacy documentary-style program, which Garrick Apollon (author of this Article) researched and developed. The case study for this CLE documentary-style program is the film Inside Lehman Brothers—a documentary film by Jennifer Deschamps which chronicles the story of the Lehman whistleblowers. The film presents Mathew Lee, former senior vice president overseeing Lehman’s global balance sheet; Oliver Budde, former in-house counsel (associate general counsel) of the Lehman Brothers; and the racialized female mid-tier manager whistleblowers, who all paid a steep price in the 2008 American subprime mortgage crisis, while many of the …
Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh
Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Challenges and potential solutions during the 87th Texas Legislative session.
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Professor Bonita K. Roberts—A Colleague And A “Conscience”, Victoria Mather
Professor Bonita K. Roberts—A Colleague And A “Conscience”, Victoria Mather
St. Mary's Law Journal
A tribute to Bonita K. Roberts, a professor at St. Mary's University School of Law.
Tribute To Professor Bonita K. Roberts, David A. Schlueter
Tribute To Professor Bonita K. Roberts, David A. Schlueter
St. Mary's Law Journal
A tribute to St. Mary's University School of Law Professor Bonita K. Roberts.
In Honor Of Professor Bonita K. Roberts, Linda L. Schlueter, Faye M. Bracey
In Honor Of Professor Bonita K. Roberts, Linda L. Schlueter, Faye M. Bracey
St. Mary's Law Journal
A tribute to Professor Bonita K. Roberts of St. Mary's University School of Law.
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 …
Foreword, Patricia E. Roberts
Foreword, Patricia E. Roberts
The Scholar: St. Mary's Law Review on Race and Social Justice
Foreword written by Patricia E. Roberts upon her first year as the 10th dean of St. Mary's University School of Law in San Antonio, Texas.
The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier
The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier
St. Mary's Law Journal
Abstract forthcoming.
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.
Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo
Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.