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Articles 1 - 9 of 9
Full-Text Articles in Legal History
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 …
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine
St. Mary's Journal on Legal Malpractice & Ethics
A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee
St. Mary's Law Journal
Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would …
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Thomas L. Shaffer: A Remembrance, Noel Augustyn
Thomas L. Shaffer: A Remembrance, Noel Augustyn
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Tom and Nancy Shaffer
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Arthur C. Y. Yao (1906–2004): A Pioneer Chinese Professor At St. Mary’S University School Of Law, Robert H. Hu
Arthur C. Y. Yao (1906–2004): A Pioneer Chinese Professor At St. Mary’S University School Of Law, Robert H. Hu
St. Mary's Law Journal
Abstract forthcoming